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Home My WebLink About04-12-2021 Council PacketEXPANDED AGENDA CITY COUNCIL AGENDA Monday, April 12, 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 were no comments.  Setting the Agenda: Addition or Deletion of Agenda Items The agenda was approved as presented. 1. CONSENT AGENDA A) Consideration of Expenditures: i) April 12, 2021 (Check No. 114087 through 114188) in the Amount of $ 765,531.74 B) Consider Approval of March 22, 2021 Work Session Minutes C) Consider Approval of March 22, 2021 Council Meeting Minutes D) Consider Approval of March 18, 2021 Special Work Session Minutes E) Consider Approval of March 30, 2021 Special Council Meeting Minutes F) Consider Approval of Easy CIP Annual License Invoice, Hannah Lynch Action Taken: Motion by Lyden, seconded by Ruhland, to approve Consent Agenda Items 1A through 1F as presented, was adopted 2. FINANCE DEPARTMENT REPORT None 3. ADMINISTRATION DEPARTMENT REPORT A) Consider Appointment of Public Safety Investigative Assistant, Meg Sawyer Council Agenda -2- Action Taken: Motion by Ruhland, seconded by Cavegn, to approve the appointment of Tanya Schaaf, was adopted B) Consider Approval of Communications Positions, Meg Sawyer/Sarah Cotton 4. PUBLIC SAFETY DEPARTMENT REPORT None 5. PUBLIC SERVICES DEPARTMENT REPORT A) Consider Resolution No. 21-32, Awarding Contract For Hard Court Facility at Birch Street and Centerville Road, Rick DeGardner Action Taken: Motion by Stoesz, seconded by Ruhland, to approve Resolution No. 21-32 as presented, was adopted; Lyden and Cavegn voted nay B) Consider Resolution No. 21-29, Accepting Quote and Awarding Contract, 2021 Trail Maintenance Project, Diane Hankee Action Taken: Motion by Lyden, seconded by Cavegn, to approve Resolution No. 21-29 as presented, was adopted 6. COMMUNITY DEVELOPMENT REPORT A) Watermark 4th Addition, Katie Larsen i. Consider Resolution No. 21-20 Approving PUD Final Plan/Final Plat Action Taken: Motion by Stoesz, seconded by Ruhland, to approve Resolution No. 21-20 as presented, was adopted ii. Consider Resolution No. 21-21 Approving Development Agreement and Planned Unit Development Agreement Action Taken: Motion by Stoesz, seconded by Ruhland, to approve Resolution No. 21-21 as presented, was adopted iii. Consider Resolution No. 21-25 Approving City Park Operations and Maintenance and Stormwater Re-Use Agreement Action Taken: Motion by Stoesz, seconded by Ruhland, to approve Resolution No. 21-25 with an amendment to the agreement to indicate that municipal irrigation regulations will apply when the pond is down two feet, was adopted iv. Consider Resolution No. 21-26 Approving Stormwater Re-Use Agreement v. Action Taken: Motion by Stoesz, seconded by Ruhland, to approve Resolution No. 21-26 with an amendment to the agreement to indicate that municipal irrigation regulations will apply when the pond is down two feet, was adopted B) Consider Resolution No. 21-30 Approving Consent to Environmental Covenant and Easement, Lino Lakes Mini Storage, Diane Hankee Council Agenda -3- Action Taken: Motion by Stoesz, seconded by Ruhland, to approve Resolution No. 21-30 as presented, was adopted C) Drainage and Utility Easement Vacation, Diane Hankee i. Consider 2nd Reading of Ordinance No. 02-21, Vacating Drainage and Utility Easement Lot 1, Block 4, Mar Don Acres Action Taken: Motion by Cavegn, seconded by Lyden, to approve the 2nd Reading and Passage of Ordinance No. 02-21 as presented, was adopted; Yeas, 5; Nays none ii. Consider Resolution No. 21-31, Approving Summary Publication of Ordinance No. 02-21 Action Taken: Motion by Lyden, seconded by Cavegn, to approve Resolution No. 21-31 as presented, was adopted 7. UNFINISHED BUSINESS Update on Blue Heron Days Parade discussions 8. NEW BUSINESS None Adjournment Motion by Ruhland, seconded by Stoesz, to adjourn at 7:20 p.m., was adopted Community Calendar – A Look Ahead April 12, 2021 through April 26, 2021 Wednesday, April 14 6:30 pm, Zoom Planning & Zoning Board Monday, April 26 6:00 pm, Council Chambers Council Work Session Monday, April 26 6:30 pm, Council Chambers City Council Meeting Expenditures April 12, 2021 Check #114087 to #114188 $765,531.74 Expenditures April 12, 2021 Check #114087 to #114188 $765,531.74 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 4/12/2021 City Council Meeting Vendor Fund/Dept Account Amount Check # Description AFLAC 101-000 101-000-2040-000 232.74 114095 March Insurance Premium AFSCME Council #5 101-000 101-000-2040-000 419.76 114089 PR Batch 00002.04.2021 Union Dues AFSCME Central Pension Fund 101-000 101-000-2040-000 4,992.00 114087 Mar-21 Delta Dental of Minnesota 101-000 101-000-2040-000 595.48 114114 Dental Insurance Premiums Fidelity Security Life Insurance Co. 101-000 101-000-2040-000 -0.30 114121 April Vision Insurance International Union 101-000 101-000-2040-000 560.00 114090 PR Batch 00002.04.2021 Union Dues 49ers Law Enforcement Labor Services 101-000 101-000-2040-000 1,333.50 114091 PR Batch 00002.04.2021 Union Dues LELS Lincoln National Life Ins Co 101-000 101-000-2040-000 1,121.11 114146 Life Insurance Premiums Lincoln National Life Ins Co 101-000 101-000-2040-000 83.40 114146 Life Insurance Premiums Medica 101-000 101-000-2040-000 3,003.77 114150 Health Insurance Premiums NCPERS Group Life Insurance 101-000 101-000-2040-000 240.00 114088 March 2021 Life Insurance Premiums Medica 101-000 101-000-2041-000 8,091.38 114150 Health Insurance Premiums Delta Dental of Minnesota 101-000 101-000-2044-000 1,173.76 114114 Dental Insurance Premiums Fidelity Security Life Insurance Co. 101-000 101-000-2048-000 95.82 114121 April Vision Insurance Bergeson John & Diane 101-000 101-000-2120-000 2,485.00 114103 SAC Refund - 6996 W Shadow Lk Dr Davis Nathan & Jessica 101-000 101-000-2120-000 2,485.00 114112 SAC Refund - 6999 W Shadow Lk Dr Henderson Timothy & Kristen 101-000 101-000-2120-000 2,485.00 114128 SAC Refund - 6987 W Shadow Lk Dr Hokkanen Mark & Lisa 101-000 101-000-2120-000 2,485.00 114129 SAC Refund - 7006 W Shadow Lk Dr Johnson Donald & Kathryn 101-000 101-000-2120-000 2,485.00 114139 SAC Refund - 6855 W Shadow Lk Dr Puskas Charles & Susan 101-000 101-000-2120-000 2,485.00 114163 SAC Refund - 6994 W Shadow Lk Dr Sever John 101-000 101-000-2120-000 2,485.00 114171 SAC Refund - 6892 W Shadow Lk Dr Stanton Mary Ellen 101-000 101-000-2120-000 2,485.00 114173 SAC Refund - 6856 W Shadow Lk Dr Stern Jamie 101-000 101-000-2120-000 2,485.00 114175 SAC Refund - 6820 W Shadow Lk Dr Toole Sharon 101-000 101-000-2120-000 2,485.00 114178 SAC Refund - 7002 W Shadow Lk Dr Lincoln National Life Ins Co 101-000 101-000-3416-000 0.14 114146 Life Insurance Premiums 101-000 Total 46,792.56 Nystrom Publishing Company 101-401 101-401-4343-000 5,045.13 114158 Spring/Summer Newsletter - 20 pages 101-401 Total 5,045.13 Medica 101-402 101-402-4131-000 538.42 114150 Health Insurance Premiums Lincoln National Life Ins Co 101-402 101-402-4133-000 96.35 114145 Disability Insurance Premiums Lincoln National Life Ins Co 101-402 101-402-4133-000 9.00 114146 Life Insurance Premiums Delta Dental of Minnesota 101-402 101-402-4134-000 89.89 114114 Dental Insurance Premiums First Advantage Occ. 101-402 101-402-4300-000 34.19 114122 Annual Enrollment - L. Chapman Kennedy & Graven Chartered 101-402 101-402-4310-000 96.75 114140 Lino Lakes Officer 299A Claim Shred-it c/o Stericycle Inc. 101-402 101-402-4410-000 28.23 114172 Document Destruction TASC - Client Invoices 101-402 101-402-4410-000 53.60 114177 February Admin Fees 101-402 Total 946.43 Medica 101-407 101-407-4131-000 2,066.40 114150 Health Insurance Premiums Lincoln National Life Ins Co 101-407 101-407-4133-000 66.07 114145 Disability Insurance Premiums Lincoln National Life Ins Co 101-407 101-407-4133-000 6.98 114146 Life Insurance Premiums Delta Dental of Minnesota 101-407 101-407-4134-000 101.11 114114 Dental Insurance Premiums 101-407 Total 2,240.56 Rupp Anderson Squires & Waldspurger P.A. 101-414 101-414-4301-000 1,248.40 114168 Miscellaneous Legal GDO Law 101-414 101-414-4303-000 8,500.00 114124 April Prosecutor Contract 101-414 Total 9,748.40 Isaac Sports Group LLC 101-415 101-415-4300-000 7,200.00 114135 Analysis of Rec Center Feasibility Study Kennedy & Graven Chartered 101-415 101-415-4300-000 1,279.75 114140 Transfer of YMCA to City WSB & Associates Inc. 101-415 101-415-4300-000 1,654.00 114186 February 2021 Special Economic Development Projects MN Metro North Tourism Board 101-415 101-415-4900-000 1,886.00 114155 February 2021 Tourism Tax 101-415 Total 12,019.75 Medica 101-416 101-416-4131-000 538.43 114150 Health Insurance Premiums Lincoln National Life Ins Co 101-416 101-416-4133-000 25.84 114145 Disability Insurance Premiums Lincoln National Life Ins Co 101-416 101-416-4133-000 2.25 114146 Life Insurance Premiums Delta Dental of Minnesota 101-416 101-416-4134-000 44.94 114114 Dental Insurance Premiums Rupp Anderson Squires & Waldspurger P.A. 101-416 101-416-4300-000 560.00 114168 Miscellaneous Legal Evenson Neil 101-416 101-416-4331-000 225.00 114117 1st Qtr 2021 P&Z Stipend Laden Perry 101-416 101-416-4331-000 225.00 114143 1st Qtr 2021 P&Z Stipend Reinert Jeffrey A. 101-416 101-416-4331-000 225.00 114165 1st Qtr 2021 P&Z Stipend Root Michael 101-416 101-416-4331-000 225.00 114167 1st Qtr 2021 P&Z Stipend Tralle Paul 101-416 101-416-4331-000 300.00 114179 1st Qtr 2021 P&Z Stipend Vojtech Nathan 101-416 101-416-4331-000 225.00 114183 1st Qtr 2021 P&Z Board Stipend Wipperfurth Isaac 101-416 101-416-4331-000 150.00 114185 1st Qtr 2021 P&Z Board Stipend Page 1 AP Checks by Account Number 4/12/2021 City Council Meeting Vendor Fund/Dept Account Amount Check # Description 101-416 Total 2,746.46 WSB & Associates Inc. 101-417 101-417-4300-000 1,767.00 114186 February 2021 Update Lino Lakes Standard Specifications WSB & Associates Inc. 101-417 101-417-4300-000 468.00 114186 February 77th Street Feasibility Report Amendment WSB & Associates Inc. 101-417 101-417-4300-000 574.00 114186 February 2021 Private Utility Permits WSB & Associates Inc. 101-417 101-417-4410-000 5,180.00 114186 February 2021 General Engineering Services 101-417 Total 7,989.00 Medica 101-418 101-418-4131-000 538.42 114150 Health Insurance Premiums Lincoln National Life Ins Co 101-418 101-418-4133-000 43.59 114145 Disability Insurance Premiums Lincoln National Life Ins Co 101-418 101-418-4133-000 4.50 114146 Life Insurance Premiums Delta Dental of Minnesota 101-418 101-418-4134-000 44.94 114114 Dental Insurance Premiums WSB & Associates Inc. 101-418 101-418-4300-000 3,600.00 114186 February 2021 DataLink Maintenance 101-418 Total 4,231.45 Medica 101-420 101-420-4131-000 20,399.33 114150 Health Insurance Premiums Lincoln National Life Ins Co 101-420 101-420-4133-000 654.01 114145 Disability Insurance Premiums Lincoln National Life Ins Co 101-420 101-420-4133-000 64.23 114146 Life Insurance Premiums Delta Dental of Minnesota 101-420 101-420-4134-000 1,103.32 114114 Dental Insurance Premiums Innovative Office Solutions LLC 101-420 101-420-4200-000 96.84 114133 Ink and report covers Innovative Office Solutions LLC 101-420 101-420-4200-000 142.50 114133 Toner and ink Staples Business Credit 101-420 101-420-4200-000 58.84 114174 Post-it notes and notepads Truax Patient Services 101-420 101-420-4211-000 750.00 114181 Narcan 4mg Nasal Spray - 2pk - Grant Reimbursed Anoka County Treasury Office 101-420 101-420-4240-000 106.50 114097 Replacement battery Anoka County Treasury Office 101-420 101-420-4240-000 99.75 114097 Replacement Microphone Anoka County Treasury Office 101-420 101-420-4240-000 363.00 114097 Housing Controls Anoka County Treasury Office 101-420 101-420-4300-000 33.99 114097 February 2021 Language Line Aspen Mills Inc. 101-420 101-420-4370-000 196.30 114100 Uniform Allowance - D. Thill Aspen Mills Inc. 101-420 101-420-4370-000 24.80 114100 Uniform Allowance - D. Thill Aspen Mills Inc. 101-420 101-420-4370-000 45.70 114100 Uniform Allowance - A. Halverson Aspen Mills Inc. 101-420 101-420-4370-000 18.00 114100 Uniform Allowance - R. Strub Streicher's Inc. 101-420 101-420-4370-000 162.99 114176 Uniform Allowance - N. Hamann Xcel Energy 101-420 101-420-4381-000 3.61 114187 Electric-Police Shred-it c/o Stericycle Inc. 101-420 101-420-4410-000 56.48 114172 Document Destruction 101-420 Total 24,380.19 Medica 101-421 101-421-4131-000 1,313.91 114150 Health Insurance Premiums Lincoln National Life Ins Co 101-421 101-421-4133-000 51.17 114145 Disability Insurance Premiums Lincoln National Life Ins Co 101-421 101-421-4133-000 4.40 114146 Life Insurance Premiums Delta Dental of Minnesota 101-421 101-421-4134-000 65.16 114114 Dental Insurance Premiums Centennial Fire District 101-421 101-421-4330-000 2,225.00 114106 Emergency Medical Training - B. Byrne & N. Clausen Aspen Mills Inc. 101-421 101-421-4370-000 355.50 114100 New Hire Uniform Allowance Anoka County Fire Protection Council 101-421 101-421-4410-000 14,092.00 114096 Anoka County PSDS Special Rescue Team cost Audit Fee Emergency Apparatus Maintenance 101-421 101-421-4410-000 265.00 114116 NFPA Pump Test #620 101-421 Total 18,372.14 Medica 101-422 101-422-4131-000 1,680.97 114150 Health Insurance Premiums Lincoln National Life Ins Co 101-422 101-422-4133-000 76.13 114145 Disability Insurance Premiums Lincoln National Life Ins Co 101-422 101-422-4133-000 7.87 114146 Life Insurance Premiums Delta Dental of Minnesota 101-422 101-422-4134-000 89.88 114114 Dental Insurance Premiums 101-422 Total 1,854.85 Medica 101-430 101-430-4131-000 2,699.36 114150 Health Insurance Premiums Lincoln National Life Ins Co 101-430 101-430-4133-000 119.31 114145 Disability Insurance Premiums Lincoln National Life Ins Co 101-430 101-430-4133-000 14.06 114146 Life Insurance Premiums Delta Dental of Minnesota 101-430 101-430-4134-000 191.01 114114 Dental Insurance Premiums H&L Mesabi Company 101-430 101-430-4211-000 1,326.50 114126 Plow vehicle cutting edges Macqueen Equipment Inc. 101-430 101-430-4211-000 1,971.34 114147 Side brooms for sweeper Safe-Fast Inc. 101-430 101-430-4211-000 51.90 114169 Disposable gloves Earl F. Andersen 101-430 101-430-4223-000 151.90 114115 Ash Street Sign Earl F. Andersen 101-430 101-430-4223-000 189.43 114115 No Outlet Sign - Rolling Hills Dr Menards - Forest Lake 101-430 101-430-4223-000 6.73 114151 No Trespassing Signs Xcel Energy 101-430 101-430-4385-000 4,103.79 114187 Electric-Street Lights Xcel Energy 101-430 101-430-4385-000 603.10 114187 Electric-Street Lights 101-430 Total 11,428.43 Medica 101-431 101-431-4131-000 1,084.08 114150 Health Insurance Premiums Lincoln National Life Ins Co 101-431 101-431-4133-000 42.83 114145 Disability Insurance Premiums Lincoln National Life Ins Co 101-431 101-431-4133-000 4.95 114146 Life Insurance Premiums Page 2 AP Checks by Account Number 4/12/2021 City Council Meeting Vendor Fund/Dept Account Amount Check # Description Delta Dental of Minnesota 101-431 101-431-4134-000 98.88 114114 Dental Insurance Premiums Aramark Uniform & Career Apparel Group Inc. 101-431 101-431-4211-000 100.14 114098 Towels Mansfield Oil Company 101-431 101-431-4212-000 1,888.33 114148 Diesel Mansfield Oil Company 101-431 101-431-4212-000 5,131.64 114148 Gasoline Auto Nation Ford White Bear Lake 101-431 101-431-4221-000 205.15 114101 Socket assembly #393 Auto Nation Ford White Bear Lake 101-431 101-431-4221-000 38.01 114101 Door Mirror Drive Motor #382 Factory Motor Parts Company 101-431 101-431-4221-000 -11.00 114119 Battery Core Return Factory Motor Parts Company 101-431 101-431-4221-000 124.64 114119 Battery #525 Factory Motor Parts Company 101-431 101-431-4221-000 11.08 114119 Guide Pin #382 Factory Motor Parts Company 101-431 101-431-4221-000 -124.64 114119 Battery Warranty Replacement Factory Motor Parts Company 101-431 101-431-4221-000 437.52 114119 Police Brake Rotors Factory Motor Parts Company 101-431 101-431-4221-000 78.09 114119 Brake Lining #607 Factory Motor Parts Company 101-431 101-431-4221-000 -141.00 114119 Battery Core Credits Factory Motor Parts Company 101-431 101-431-4221-000 -99.98 114119 Battery Warranty Replacement Hugo Equipment Company 101-431 101-431-4221-000 34.49 114131 Chainsaw parts Hugo Equipment Company 101-431 101-431-4221-000 54.96 114131 Chainsaw parts Hydraulics Plus & Consulting 101-431 101-431-4221-000 248.50 114132 New hoses for Bobcat Toolcat snow blower attachment O'Reilly Automotive Stores 101-431 101-431-4221-000 -18.00 114159 Battery Core Return O'Reilly Automotive Stores 101-431 101-431-4221-000 25.73 114159 Pin Boot Kit & brake lubricant O'Reilly Automotive Stores 101-431 101-431-4221-000 7.74 114159 Light bulb O'Reilly Automotive Stores 101-431 101-431-4221-000 6.59 114159 Oil Filter #508 O'Reilly Automotive Stores 101-431 101-431-4221-000 5.24 114159 Light Bulb Lano Equipment 101-431 101-431-4300-000 786.78 114144 Bobcat Toolcat Repair Minnesota Petroleum Service 101-431 101-431-4300-000 313.75 114153 Fuel Dispense Repair Pomp's Tire Service Inc. 101-431 101-431-4300-000 732.80 114161 Replaced 4 tires #607 Pomp's Tire Service Inc. 101-431 101-431-4300-000 118.00 114161 Valve stem replacement and tire balancing #503 Emergency Apparatus Maintenance 101-431 101-431-4410-000 1,435.64 114116 Service PPV Fan Rescue Tool Aerial recommendations #611 Emergency Apparatus Maintenance 101-431 101-431-4410-000 1,322.96 114116 Service EAM Pump Inspection Oil filter Fuel filter Oil #620 101-431 Total 13,943.90 Dalco Inc. 101-432 101-432-4211-000 -220.00 114111 Refund Purell floor stand Dalco Inc. 101-432 101-432-4211-000 248.12 114111 Foam hand wash Dalco Inc. 101-432 101-432-4211-000 408.97 114111 Toilet tissue and garbage bags Frattallone's/Circle Pines Ace 101-432 101-432-4211-503 13.87 114123 Gallon Ziploc Bags Menards - Forest Lake 101-432 101-432-4211-503 1.99 114151 Paint Tax Anoka County Treasury Office 101-432 101-432-4300-500 75.00 114097 Site 115 April CAC Fiber Anoka County Treasury Office 101-432 101-432-4300-501 75.00 114097 Site 116 April CAC Fiber NAC Mechanical & Electrical 101-432 101-432-4300-502 280.50 114156 Boiler Repair Anoka County Treasury Office 101-432 101-432-4300-503 75.00 114097 Site 117 April CAC Fiber CenturyLink 101-432 101-432-4321-503 59.36 114108 Phone Fire Protection Equipment Xcel Energy 101-432 101-432-4381-501 549.43 114187 Electric-Fire Station #1 Xcel Energy 101-432 101-432-4381-502 1,158.18 114187 Electric-Fire Station #2 Xcel Energy 101-432 101-432-4381-503 4,586.23 114187 Electric-Civic Complex Republic Services #899 101-432 101-432-4384-503 143.58 114166 April Organics City Hall CES Imaging 101-432 101-432-4410-000 97.85 114109 Scanner Plotter Maintenance & supplies Marsden Bldg Maintenance LLC 101-432 101-432-4410-500 1,044.60 114149 Janitorial Services Metro Sales Incorporated 101-432 101-432-4410-500 82.22 114152 Coper Maintenance Contract Ricoh/MP C307 Color Copier Aramark Uniform & Career Apparel Group Inc. 101-432 101-432-4410-501 185.95 114098 Mats Aramark Uniform & Career Apparel Group Inc. 101-432 101-432-4410-501 221.71 114098 Mats Marsden Bldg Maintenance LLC 101-432 101-432-4410-501 631.58 114149 Janitorial Services Marsden Bldg Maintenance LLC 101-432 101-432-4410-502 691.82 114149 Janitorial Services Marsden Bldg Maintenance LLC 101-432 101-432-4410-503 3,856.00 114149 Janitorial Services Metro Sales Incorporated 101-432 101-432-4410-503 193.35 114152 Coper Maintenance Contract Ricoh/MP 6002SP & Ricoh/MP C3504 101-432 Total 14,460.31 Medica 101-450 101-450-4131-000 1,453.75 114150 Health Insurance Premiums Lincoln National Life Ins Co 101-450 101-450-4133-000 99.27 114145 Disability Insurance Premiums Lincoln National Life Ins Co 101-450 101-450-4133-000 11.13 114146 Life Insurance Premiums Delta Dental of Minnesota 101-450 101-450-4134-000 177.52 114114 Dental Insurance Premiums Hugo Equipment Company 101-450 101-450-4211-000 38.08 114131 Chainsaw parts Gooder Clark J. 101-450 101-450-4331-000 75.00 114125 1st Qtr 2021 Park Board Stipend Haworth Abby 101-450 101-450-4331-000 75.00 114127 1st Qtr 2021 Park Board Stipend Huelman Patrick H. 101-450 101-450-4331-000 100.00 114130 1st Qtr 2021 Park Board Stipend Jensen Richard 101-450 101-450-4331-000 75.00 114137 1st Qtr 2021 Park Board Stipend Page 3 AP Checks by Account Number 4/12/2021 City Council Meeting Vendor Fund/Dept Account Amount Check # Description Kusterman William 101-450 101-450-4331-000 75.00 114142 1st Qtr 2021 Park Board Stipend Nordlund John 101-450 101-450-4331-000 75.00 114157 1st Qtr 2021 Park Board Stipend Xcel Energy 101-450 101-450-4381-000 324.02 114187 Electric-Parks Jimmy's Johnnys 101-450 101-450-4410-000 60.00 114138 Toilet Rental - Sunrise Park Jimmy's Johnnys 101-450 101-450-4410-000 60.00 114138 Toilet Rental - Lino Park Jimmy's Johnnys 101-450 101-450-4410-000 60.00 114138 Toilet Rental - City Hall Park Jimmy's Johnnys 101-450 101-450-4410-000 80.00 114138 Toilet Rental & Tip over clean - Birch Park 101-450 Total 2,838.77 Medica 101-461 101-461-4131-000 201.91 114150 Health Insurance Premiums Lincoln National Life Ins Co 101-461 101-461-4133-000 8.19 114145 Disability Insurance Premiums Lincoln National Life Ins Co 101-461 101-461-4133-000 0.85 114146 Life Insurance Premiums Delta Dental of Minnesota 101-461 101-461-4134-000 16.85 114114 Dental Insurance Premiums 101-461 Total 227.80 Medica 101-462 101-462-4131-000 134.61 114150 Health Insurance Premiums Lincoln National Life Ins Co 101-462 101-462-4133-000 5.46 114145 Disability Insurance Premiums Lincoln National Life Ins Co 101-462 101-462-4133-000 0.56 114146 Life Insurance Premiums Delta Dental of Minnesota 101-462 101-462-4134-000 11.24 114114 Dental Insurance Premiums 1st Choice Document Destruction 101-462 101-462-4410-000 600.00 114093 March Recycling - 3400 pounds of paper 101-462 Total 751.87 Medica 101-463 101-463-4131-000 201.91 114150 Health Insurance Premiums Lincoln National Life Ins Co 101-463 101-463-4133-000 8.19 114145 Disability Insurance Premiums Lincoln National Life Ins Co 101-463 101-463-4133-000 0.84 114146 Life Insurance Premiums Delta Dental of Minnesota 101-463 101-463-4134-000 16.85 114114 Dental Insurance Premiums YTS Companies LLC 101-463 101-463-4410-000 975.00 114188 Tree removal - Lois Lane 101-463 Total 1,202.79 Batteries Plus Bulbs 202-451 202-451-4211-000 139.50 114102 Batteries - Qty 6 - 6V Winnick Supply Inc. 202-451 202-451-4211-000 28.20 114184 Toilet repair CenturyLink 202-451 202-451-4321-000 128.19 114108 Phone Fire Protection Equipment Xcel Energy 202-451 202-451-4381-000 295.27 114187 Kone Chicago 202-451 202-451-4410-000 1,680.00 114141 Phone Monitoring Service SCR 202-451 202-451-4410-000 1,055.99 114170 HVAC controls software setup 202-451 Total 3,327.15 Acclaim Painting 207-420 207-420-4300-000 980.00 114094 Employee Wellness - Paint workout room Twin Cities Transport & Recovery 207-420 207-420-4300-000 85.00 114182 Tow Charge - ICR#21063684 Twin Cities Transport & Recovery 207-420 207-420-4300-000 85.00 114182 Tow Charge - ICR#21054736 Exercise Guys 207-420 207-420-5000-000 3,299.00 114118 Employee Wellness - Treadmill 207-420 Total 4,449.00 Streicher's Inc. 210-420 210-420-4240-000 108.80 114176 MFF Gear Streicher's Inc. 210-420 210-420-4240-000 171.37 114176 MFF Gear Streicher's Inc. 210-420 210-420-4240-000 5.40 114176 MFF Gear Streicher's Inc. 210-420 210-420-4240-000 54.00 114176 MFF Gear Streicher's Inc. 210-420 210-420-4240-000 5.40 114176 MFF Gear Streicher's Inc. 210-420 210-420-4240-000 103.40 114176 MFF Gear Streicher's Inc. 210-420 210-420-4240-000 54.00 114176 MFF Gear Streicher's Inc. 210-420 210-420-4240-000 54.00 114176 MFF Gear Streicher's Inc. 210-420 210-420-4240-000 54.00 114176 MFF Gear Streicher's Inc. 210-420 210-420-4240-000 5.40 114176 MFF Gear Streicher's Inc. 210-420 210-420-4240-000 183.79 114176 MFF Gear 210-420 Total 799.56 Otter Lake Animal Care Center 211-420 211-420-4300-000 370.44 114160 Argos procedure 211-420 Total 370.44 Dell Marketing LP 403-402 403-402-4240-000 1,614.04 114113 Computer & docking stations - M. Sawyer 403-402 Total 1,614.04 ARMSTRONG JESSICA 406-000 406-000-2020-000 1.78 114099 Refund Check 017942-000 6669 BLUE HERON DR 406-000 Total 1.78 WSB & Associates Inc. 406-499 406-499-4304-127 355.50 114186 February Water Tower No. 3 406-499 Total 355.50 WSB & Associates Inc. 421-499 421-499-4304-137 6,126.50 114186 February 2021 Street Improvement Projects 421-499 Total 6,126.50 Rupp Anderson Squires & Waldspurger P.A. 422-499 422-499-4301-125 432.00 114168 NE Drainage Area Phase I WSB & Associates Inc. 422-499 422-499-4304-000 4,642.00 114186 February Storm Water Utility WSB & Associates Inc. 422-499 422-499-4304-000 365.50 114186 February MS4 Services Page 4 AP Checks by Account Number 4/12/2021 City Council Meeting Vendor Fund/Dept Account Amount Check # Description WSB & Associates Inc. 422-499 422-499-4304-125 15,269.25 114186 February NE Lino Lakes NE Drainage Improvement Project Jacon LLC 422-499 422-499-4400-125 464,484.92 114136 2020 NE Drainage Area Improvements 422-499 Total 485,193.67 WSB & Associates Inc. 424-499 424-499-4304-000 304.00 114186 February 2021 Surface Water Maintenance Project WSB & Associates Inc. 424-499 424-499-4304-000 8,293.00 114186 February SWAMP WSB & Associates Inc. 424-499 424-499-4304-000 703.00 114186 February 2020 Surface Water Maintenance Project 424-499 Total 9,300.00 YTS Companies LLC 425-499 425-499-4410-134 1,950.00 114188 6 Trees removed - 12th Ave & White Oak Rd 425-499 Total 1,950.00 ARMSTRONG JESSICA 601-000 601-000-2020-000 0.43 114099 Refund Check 017942-000 6669 BLUE HERON DR ARMSTRONG JESSICA 601-000 601-000-2020-000 1.87 114099 Refund Check 017942-000 6669 BLUE HERON DR MN Department of Health 601-000 601-000-2140-000 12,323.00 114154 1st Qtr 2021 Water Connection Fee 601-000 Total 12,325.30 Medica 601-494 601-494-4131-000 1,510.54 114150 Health Insurance Premiums Lincoln National Life Ins Co 601-494 601-494-4133-000 61.20 114145 Disability Insurance Premiums Lincoln National Life Ins Co 601-494 601-494-4133-000 7.29 114146 Life Insurance Premiums Delta Dental of Minnesota 601-494 601-494-4134-000 142.69 114114 Dental Insurance Premiums Dell Marketing LP 601-494 601-494-4200-000 335.16 114113 Computer & monitor - L. Chapman Core & Main LP 601-494 601-494-4211-000 601.74 114110 Sensus Command Ferguson Waterworks #2518 601-494 601-494-4211-000 120.78 114120 Water service tap supplies Menards - Forest Lake 601-494 601-494-4211-000 6.39 114151 Thermocouple Core & Main LP 601-494 601-494-4215-000 2,597.24 114110 Meters Core & Main LP 601-494 601-494-4215-000 4,153.76 114110 Meters Rachio Inc 601-494 601-494-4216-000 18,999.00 114164 100 Irrigation Controllers Bluetarp Financial Inc. 601-494 601-494-4240-000 37.98 114104 Impact Driver Set Interstate Power Systems Inc. 601-494 601-494-4300-000 476.57 114134 Towable Generator Traut Companies 601-494 601-494-4300-000 770.00 114180 Annual pump checks WSB & Associates Inc. 601-494 601-494-4304-000 790.50 114186 February 2021 GPS/GIS Miscellaneous Assistance WSB & Associates Inc. 601-494 601-494-4304-000 1,110.00 114186 February 2021 General Engineering Services Circle Pines Post Office 601-494 601-494-4322-000 329.36 114092 UB Postage Xcel Energy 601-494 601-494-4381-000 2,203.15 114187 Electric-Water Centennial Utilities 601-494 601-494-4382-000 408.70 114107 1st Qtr 2021 Sewer & Water charges 601-494 Total 34,662.05 ARMSTRONG JESSICA 602-000 602-000-2020-000 9.90 114099 Refund Check 017942-000 6669 BLUE HERON DR 602-000 Total 9.90 Medica 602-495 602-495-4131-000 1,510.56 114150 Health Insurance Premiums Lincoln National Life Ins Co 602-495 602-495-4133-000 61.20 114145 Disability Insurance Premiums Lincoln National Life Ins Co 602-495 602-495-4133-000 7.34 114146 Life Insurance Premiums Delta Dental of Minnesota 602-495 602-495-4134-000 142.69 114114 Dental Insurance Premiums Dell Marketing LP 602-495 602-495-4200-000 335.16 114113 Computer & monitor - L. Chapman Macqueen Equipment Inc. 602-495 602-495-4240-000 234.00 114147 Sewer claw Interstate Power Systems Inc. 602-495 602-495-4300-000 476.58 114134 Towable Generator WSB & Associates Inc. 602-495 602-495-4304-000 577.50 114186 February Lift Station Standard Specification WSB & Associates Inc. 602-495 602-495-4304-000 1,110.00 114186 February 2021 General Engineering Services WSB & Associates Inc. 602-495 602-495-4304-000 790.50 114186 February 2021 GPS/GIS Miscellaneous Assistance Circle Pines Post Office 602-495 602-495-4322-000 329.36 114092 UB Postage Xcel Energy 602-495 602-495-4381-000 1,828.46 114187 Electric-Sewer Centennial Utilities 602-495 602-495-4382-000 229.32 114107 1st Qtr 2021 Sewer & Water charges 602-495 Total 7,632.67 Press Publications Inc. 801-000 801-000-2300-000 112.64 114162 Public Hearing - 7869 Meadow View Trail Rupp Anderson Squires & Waldspurger P.A. 801-000 801-000-2300-000 450.00 114168 Watermark 4th Addition Legal WSB & Associates Inc. 801-000 801-000-2300-000 849.00 114186 February Bald Eagle Addition WSB & Associates Inc. 801-000 801-000-2300-000 1,910.75 114186 February Lyngblomsten Senior Housing WSB & Associates Inc. 801-000 801-000-2300-000 292.50 114186 February 7869 Meadow View Trail WSB & Associates Inc. 801-000 801-000-2300-000 3,319.50 114186 February Watermark 4th Addition WSB & Associates Inc. 801-000 801-000-2302-102 106.25 114186 February Eastside Villas WSB & Associates Inc. 801-000 801-000-2316-102 574.00 114186 February Saddle Club 2nd Addition Boulder Contracting LLC 801-000 801-000-2318-000 4,400.00 114105 Escrow Release - 2148 Dogwood St WSB & Associates Inc. 801-000 801-000-2328-102 246.00 114186 February Main Street Shoppes 2nd Addition WSB & Associates Inc. 801-000 801-000-2336-102 291.50 114186 February Watermark 1st Addition WSB & Associates Inc. 801-000 801-000-2338-102 516.25 114186 February Nadeau Acres Page 5 AP Checks by Account Number 4/12/2021 City Council Meeting Vendor Fund/Dept Account Amount Check # Description WSB & Associates Inc. 801-000 801-000-2347-102 328.00 114186 February Saddle Club 3rd Addition WSB & Associates Inc. 801-000 801-000-2355-102 1,714.50 114186 February Watermark 3rd Addition WSB & Associates Inc. 801-000 801-000-2359-102 672.50 114186 February Saddle Club 4th Addition WSB & Associates Inc. 801-000 801-000-2388-102 410.00 114186 February Watermark 2nd Addition 801-000 Total 16,193.39 Grand Total 765,531.74 Page 6 Electronic Funds Transfer MN Statute 471.38 Subd. 3 Council Meeting April 12, 2021 Transfer In/(Out) 3/26/2021 Wire to U.S. Bank - 4/1 Debt Service Payment (241,093.75) 4/1/2021 HSA Bank ER Contribution (5,999.85) 4/2/2021 Council #04 Payroll (3,304.93) 4/2/2021 Council #04 Federal Deposit (196.60) 4/2/2021 Council #04 PERA (367.62) 4/2/2021 Council #04 State (43.95) 4/2/2021 Payroll #07 (129,037.88) 4/2/2021 Payroll #07 Federal Deposit (39,669.28) 4/2/2021 Payroll #07 PERA (42,700.41) 4/2/2021 Payroll #07 State (9,041.04) 4/2/2021 Payroll #07 Child Support (276.29) 4/2/2021 Payroll #07 H.S.A. Bank Pretax (3,198.18) 4/2/2021 Payroll #07 TASC Pretax (749.96) 4/2/2021 Payroll #07 ICMA 457 Def. Comp #301596 (3,845.00) 4/2/2021 Payroll #07 ICMA Roth IRA #706155 (855.75) 4/2/2021 Payroll #07 MSRS HCSP #98946-01 (1,616.21) 4/2/2021 Payroll #07 MSRS Def. Comp #98945-01 (3,410.00) 4/2/2021 Payroll #07 MSRS Roth IRA #98945-01 (675.00) CITY COUNCIL WORK SESSION DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 DATE : March 22, 2021 4 TIME STARTED : 6:00 p.m. 5 TIME ENDED : 6:25 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; Community Development 10 Director Michael Grochala; Director of Public Safety John Swenson; Public Services 11 Director Rick DeGardner; City Engineer Diane Hankee; City Clerk Julie Bartell 12 13 1. Blue Heron Days – Councilmember Stoesz noted interest in having a Blue Heron 14 Days event this year. In lieu of a festival centered at Lino Park, he’s requesting 15 discussion of organizing a parade. He suggests setting up a committee to organize and he 16 is volunteering his services. He’s aware of others in the community interested in serving 17 also. There could be some staff time involved but volunteers leading the effort. He has 18 discussed the matter with the League of Minnesota Cities and has learned that a COVID 19 restriction compliance plan would be required. He is suspecting that other cities will be 20 looking at parade possibilities. 21 22 Mayor Rafferty noted that he’s been hearing from community members who are anxious 23 to get out. He likes the idea of a celebration but understands that it needs to be an 24 appropriate situation. Another question arose about finding a site (city land adjacent to 25 the freeway?) for blow up rides, etc. Councilmember Stoesz remarked that his interest is 26 only in a parade. 27 28 Councilmember Cavegn asked staff to weigh in. Administrator Cotton noted that the 29 current Minnesota Executive Order has strict requirements and she struggles to see how a 30 parade fits into that. However she’s heard from some other cities that are planning 31 events conditioned upon what restrictions are in place. She has spoken with Public 32 Services Director DeGardner about the possibility of a parade and staff time necessary; 33 there is no funding budgeted to staff an event but discussion can continue. 34 35 Public Safety Director Swenson noted that his department’s role is to review the special 36 event details; in his experience there are generally City resources required to execute an 37 event such as a parade. He also noted that there is a neighborhood that gets “shut off” if 38 the road is closed and that’s an issue that would need to be addressed as part of moving 39 forward; in the past staff has sought a solution through the Target property and that was 40 found to have challenges including the approval necessary from Target Corporation and 41 probably expenses that would have to be covered by the City. 42 43 CITY COUNCIL WORK SESSION DRAFT 2 Councilmember Lyden noted that it would be hard for him to support event planning with 44 an Executive Order saying that it isn’t fully safe. He read a post from a person who had 45 been vaccinated that outlined the impact that COVID 19 has had upon many people. 46 47 Mayor Rafferty remarked that he thinks Councilmember Stoesz is suggesting an event 48 only if it is possible. 49 50 Councilmember Stoesz clarified that he’d like to go forward with the understanding that 51 planning work can be done but the rules will be followed. 52 53 Councilmember Cavegn said he’d be open up to exploration of the possibility including 54 possible costs to the City. Mayor Rafferty concurred adding that it would be an 55 opportunity to address outstanding issues. 56 57 Councilmember Ruhland said he concurs with Cavegn and would like to have an exit 58 strategy (conditional permission). He’d support looking at the possibility. Certainly 59 before any City money is committed, the council needs to understand that. 60 61 The council concurred to move forward with an initial review. Councilmember Lyden 62 suggested that Councilmember Stoesz should go forward with a private group and not 63 utilize any City resources. The council will receive a report back at a future work session. 64 65 2. Review Regular Agenda of March 22, 2021 –There were no changes to the 66 agenda. 67 68 The meeting was adjourned at 6:25 p.m. 69 70 These minutes were considered, corrected and approved at the regular Council meeting held on 71 April 12, 2021. 72 73 74 75 76 Julianne Bartell, City Clerk Rob Rafferty, Mayor 77 78 COUNCIL MINUTES DRAFT 1 1 LINO LAKES CITY COUNCIL 2 REGULAR MEETING 3 MINUTES 4 5 DATE : March 22, 2021 6 TIME STARTED : 6:30 p.m. 7 TIME ENDED : 6:56 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; Community Development Director 13 Michael Grochala; Public Safety Director John Swenson; Public Services Director Rick DeGardner; 14 City Engineer Diane Hankee; City Clerk Julie Bartell 15 16 PUBLIC COMMENT 17 There were no public comments. 18 SETTING THE AGENDA 19 The agenda was approved as presented. 20 CONSENT AGENDA 21 Councilmember Cavegn moved to approve the Consent Agenda, Items 1A through 1E as presented. 22 Councilmember Lyden seconded the motion. Motion carried on a voice vote. 23 24 ITEM ACTION 25 Consideration of Expenditures: 26 A) March 22, 2021 (Check No. 114003 through 114086) in the 27 Amount of $618,647.46 Approved 28 B) Consider Approval of March 1, 2021 Council Work Session 29 Minutes Approved 30 C) Consider Approval of March 8, 2021 Council Works Session 31 Minutes Approved 32 D) Consider Approval of March 8, 2021 Council Minutes Approved 33 E) Consider Resolution No. 21-24 Extending the Recording Date 34 for the Final Plat of Natures Refuge Approved 35 FINANCE DEPARTMENT REPORT 36 There was no report from the Finance Department. 37 ADMINISTRATION DEPARTMENT REPORT 38 There was no report from the Administration Department. 39 COUNCIL MINUTES DRAFT 2 PUBLIC SAFETY DEPARTMENT REPORT 40 There was no report from the Public Safety Department. 41 PUBLIC SERVICES DEPARTMENT REPORT 42 There was no report from the Public Services Department. 43 COMMUNITY DEVELOPMENT REPORT 44 6A) Item 6A regarding Watermark 4th Addition was removed from the agenda by staff 45 prior to the meeting. 46 6B) Consider Approval of Public Hearing Ordinance No. 02-21, Vacating right-of-Way and 47 Drainage & Utility Easement Lot 1, Block 4, Mar Don Acres – City Engineer Hankee 48 Mayor Rafferty opened the public hearing. 49 There being no one present wishing to speak, the public hearing was closed. 50 Homeowner George Slater, 7869 Meadowview Trail, explained their request for a vacation. They 51 have already been maintaining and utilizing the land and would like to make some improvements. 52 He feels it’s in line what’s already occurring there. A surveyor recommended the vacation request. 53 He also acknowledged the time and assistance of City Planner Katie Larsen. 54 Councilmember Cavegn moved to approve the 1st Reading of Ordinance No. 02-21 as presented. 55 Councilmember Ruhland seconded the motion. Motion carried on a voice vote. 56 6C) Consider Resolution 21-27, Authorize the Preparation of Plans and Specs, 2021 Street 57 Maintenance Project – City Engineer Hankee reviewed her written report. As a continuation of 58 the pavement management plan, staff is now looking to bid out a street maintenance project. She 59 explained the type of work that would be included in a project. A map of the improvement 60 locations was included in the staff report. In discussing the funding source, she noted that some of 61 the funding comes to the City from developers and so some of the projects represent that. 62 Councilmember Stoesz asked if there will be WSB oversight and Ms. Hankee explained that it will 63 be minimal (under $5,000). 64 Councilmember Ruhland noted that Ash Street is listed but not noted on the map. Ms. Hankee 65 explained it is an area on the edge of the City. Councilmember Ruhland asked if there is cost 66 sharing and Ms. Hankee explained that there is an agreement in place with Ramsey County whereby 67 they handle some improvements and the City handles this work. 68 Councilmember Lyden asked why the rejuvenator isn’t continued further on Holly Drive? Ms. 69 Hankee explained that the recommendations are based on pavement age and some portions are too 70 old for the process. 71 Councilmember Stoesz asked if Centerville is cost sharing at all and staff reported being in contact 72 with all adjacent jurisdictions as appropriate to discuss cost sharing. This action is only authorizing 73 plans and specifications so some of the detail work is yet to be done. 74 Councilmember Lyden moved to approve Resolution No. 21-27 as presented. Councilmember 75 Stoesz seconded the motion. Motion carried on a voice vote. 76 Ms. Hankee noted that staff will send notifications to all impacted neighborhoods to make people 77 aware of what to expect. 78 COUNCIL MINUTES DRAFT 3 UNFINISHED BUSINESS 79 Mayor Rafferty presented Christopher Lyden with a plaque thanking him for his services as a 80 member of the Charter Commission for 11 years. Mr. Lyden said it’s always an honor to serve the 81 public. 82 83 NEW BUSINESS 84 There was no New Business. 85 86 COMMUNITY EVENTS 87 There were no events announced. 88 COMMUNITY CALENDAR 89 Community Calendar – A Look Ahead 90 March 22, 2021 through April 12, 2021 91 Wednesday, March 31 6:30 pm, Zoom Environmental Board 92 Thursday, April 1 8:00 am, Zoom EDAC 93 Monday, April 5 6:00 pm, Council Chambers Council Work Session 94 Wednesday, April 7 6:30 pm, Zoom Park Board 95 Monday, April 12 6:00 pm, Council Chambers Council Work Session 96 Monday, April 12 6:30 pm, Council Chambers City Council Meeting 97 98 ADJOURN 99 100 There being no further business, Councilmember Cavegn moved to adjourn at 6:56 p.m. 101 Councilmember Ruhland seconded the motion. Motion carried on a voice vote. 102 103 These minutes were considered and approved at the regular Council Meeting on April 12, 2021. 104 105 106 107 108 Julianne Bartell, City Clerk Rob Rafferty, Mayor 109 110 CITY COUNCIL WORK SESSION DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 DATE : March 18, 2021 4 TIME STARTED : 5:30 p.m. 5 TIME ENDED : 7:30 p.m. 6 MEMBERS PRESENT : Council Member Stoesz, (present on Zoom) 7 Lyden, Ruhland, Cavegn and Mayor Rafferty 8 MEMBERS ABSENT : None 9 10 Staff members present: City Administrator Sarah Cotton; Public Services Director Rick 11 DeGardner; Finance Director Hannah Lynch; Community Development Director Michael 12 Grochala; and City Clerk Julie Bartell 13 14 The council meeting was held in person and telephonically on the Zoom Meeting 15 platform and as allowed by Minnesota Statutes 13D.021. 16 17 1. Preliminary Report – Recreation and Aquatic Center Feasibility Study, 18 Isaac Sports Group – 19 20 Mayor Rafferty introduced the subject matter by explaining the situation surrounding the 21 closure of the YMCA facility in the City. 22 23 Community Development Director Grochala explained that the City has taken ownership 24 of the former YMCA facility and has engaged the Issacs Sports Group to look at the 25 facility for future use. Isaac Sports Group will presenting their preliminary study 26 findings. Mayor Rafferty noted that this is the council’s first look at the information and 27 the purpose of the meeting is to look and listen; questions will be from the council only 28 and at the end of the presentation because again this is a preliminary discussion. 29 30 Stuart Isaac and Duane Proell were presenters. Mr. Isaacs reviewed a PowerPoint 31 presentation that included information on the following: 32 - The Study Team; 33 - Process to Date; 34 - Evaluation of YMCA Programming; 35 - Evaluation of YMCA Membership Model; 36 - Challenges Faced by the YMCA; 37 - Goals and Opportunities for the Rec Center; 38 - Vision: Lino Lakes Recreation and Community Center; 39 - Management; Operating & Financial Goals; 40 - Management Model; City Managed Facility, Outsourced or Hybrid; 41 - City Managed Facility: Pros and Cons; Cost Projections; Financial Operating 42 Analysis; Projected Budgets; 43 - Outsourced Facility Management: Pros and Cons; 44 - Hybrid Management: Pros and Cons; Program Examples; Financial Impact; 45 CITY COUNCIL WORK SESSION DRAFT 2 - Programming: Active Adults and Seniors; Fitness; Aquatics; Special Needs; 46 Swimming Safety; Sample Program; 47 - Future and Long Term Opportunities: Goals; Identification of Opportunities and 48 Needs; 49 - Timelines: Workback Schedule from Re-Opening; Factors Affecting Timeline. 50 51 Councilmember Ruhland: 52 - How much was the membership at YMCA; ($71 single/$132 Family/ some other 53 options); 54 - How many members pre-COVID?; Information not available to share; but model 55 provided used those figures and final report will include more membership data; 56 - If the City kept similar price model, how many members would the City need to 57 maintain?; Noted 1,800 membership equating to approximately 5,000 individual 58 members; 59 - Time frame moving ahead?; Based on partial capacity and without new 60 programming; 61 - Regarding the financial analysis for a City managed facility, yearly gross revenue 62 noted and wonders what membership that is based on; not based on capacity 63 initially and probably less at the beginning than when the YMCA closed; 64 - Hoping to see a financial breakdown on management company option and hybrid 65 option; working further with staff to ensure the vision as those figures are put 66 together; 67 - Will the final report include things like physical therapist services at a breakeven 68 point; that will be included and figures such as pool rental is already included. 69 70 Councilmember Cavegn: 71 - Projections go out five years and he wonders if any expansion costs are included; 72 there are two separate analyses with the second being for expansion; 73 - He is interested in looking at how long a subsidy would be necessary; leasing 74 equipment moves breakeven an entire year forward as an example; 75 - In the work-back schedule, who does negotiations with programming partners; 76 they offer that type of service or the City may be able to do it with parameters they 77 are providing; 78 - Estimate on getting facility up and running; the six month time frame from the 79 City council pulling the trigger is doable; 80 - Is there any opportunity for short term revenue in the meantime; yes, something 81 like the pool could be brought up and running without the whole facility running 82 and could be available for specific uses or rental of space to private trainers; 83 - Will there be a report to the council on the specifics of moving on current use 84 opportunities; will add to information forthcoming. 85 86 Councilmember Ruhland: 87 - How many facilities did the YMCA close: Information not available; 88 89 Councilmember Lyden: 90 CITY COUNCIL WORK SESSION DRAFT 3 - A vision will be very important in moving forward and he appreciates moving to a 91 Rec Center model; 92 - Model will yet to be seen but the hybrid interests him; 93 - Is it realistic to think that an individual rate could be $30 and family $60; would 94 be a real challenge and would be significantly lower than any comparable 95 facility, adding that they studied market rate but could look at membership to 96 base charges; 97 - The market is something like Planet Fitness, etc but he will withhold judgement; 98 there are elements that could allow the City to compete; 99 - Use of land outside was noted and he sees potential there also; they are committed 100 to looking at overall site; 101 - If the City does this, it must be done well in order to attract people and a 102 communications element will be key; marketing is included as a line item; 103 104 Councilmember Stoesz: 105 - Will the final review include the costs being incurred today; that will be included 106 in final assessment; 107 - Is event center a possibility supported by use of lodging tax; investigation of that 108 did not pan out well but they will continue to look; 109 - Will the final report talk about competition with local businesses and perhaps how 110 to be a partner; looking at local fitness centers would be a question; 111 - Do you see any reason not to open up the outside play facility; question deferred 112 to staff. 113 114 Mayor Rafferty: 115 - Noted that there are cities and recreation needs surrounding Lino Lakes; in some 116 cases cities are subsidizing facilities and some not but he sees possibility for 117 partnerships; 118 - What is the term for leasing equipment; variety of leases available based on your 119 goals (to keep the latest and greatest or spread the cost); updated equipment is 120 recommended; 121 - Fees versus cost to operate, and ability to draw people, means this facility has to 122 become unique (i.e. climbing wall, walking track) while also moving to open the 123 doors as soon as possible; 124 125 Mayor Rafferty noted that the information is being provided and this is an exciting time 126 for the City. There are opportunities to be studied. 127 128 Councilmember Ruhland: 129 - Would consultants be interested in hearing from citizens in an open forum or 130 could staff work on getting feedback in some way from the community; Mayor 131 responded that the current mission is to understand what is being presented; 132 Administrator Cotton explained that staff has approached that question and now 133 that the preliminary report is received, staff would intend to discuss further how to 134 CITY COUNCIL WORK SESSION DRAFT 4 move forward including getting community feedback; consultant added that they 135 have experience in the area and will have discussions with staff. 136 Councilmember Stoesz: 137 - How about a partnership with a brand of equipment and they subsidize the 138 facility; it’s possible that there could be a relationship built with an equipment 139 group but it’s clear that the virtual delivery of fitness programming is here to stay 140 and the current model of centers incorporates virtual services; 141 - Could be an opportunity to draw in people who can’t afford expensive services. 142 143 Administrator Cotton explained that staff will be working with the consultants in the 144 coming weeks including responding to questions raised by the council tonight. 145 146 Mayor Rafferty explained that this is a preliminary conversation and report and the 147 opportunity for further discussion lies ahead. 148 149 The meeting was adjourned at 7:30 p.m. 150 151 These minutes were considered, corrected and approved at the regular Council meeting held on 152 April 12, 2021. 153 154 155 156 157 Julianne Bartell, City Clerk Rob Rafferty, Mayor 158 159 COUNCIL MINUTES DRAFT 1 1 LINO LAKES CITY COUNCIL 2 SPECIAL MEETING 3 MINUTES 4 5 DATE : March 30, 2021 6 TIME STARTED : 6:00 p.m. 7 TIME ENDED : 6:28 p.m. 8 MEMBERS PRESENT : Councilmember Stoesz, Lyden, 9 Ruhland, Cavegn and Mayor Rafferty 10 MEMBERS ABSENT : None 11 12 The council meeting was held telephonically on the Zoom Meeting platform and as allowed by 13 Minnesota Statutes 13D.021. 14 15 Staff members present: City Administrator Sarah Cotton; Community Development Director 16 Michael Grochala; City Clerk Julie Bartell 17 18 PUBLIC COMMENT 19 There were no public comments. 20 SETTING THE AGENDA 21 The agenda was approved as presented. 22 CONSENT AGENDA 23 There were no Consent Items. 24 FINANCE DEPARTMENT REPORT 25 There was no report from the Finance Department. 26 ADMINISTRATION DEPARTMENT REPORT 27 1) Consider Resolution No. 21-28, Authorizing Execution of a License Agreement with 28 The State of Minnesota For Use of the Lino Lakes Recreation Center as a COVID-19 Public 29 Vaccination Site – Community Development Director Grochala explained that the City was very 30 recently approached by the State of Minnesota requesting the opportunity to utilize the former 31 YMCA building as a COVID 19 Vaccine facility. The State is working hard to open up vaccine 32 facilities. Staff has worked with the State to quickly evaluate the facility. An agreement for the 33 use is under review by the City Attorney. Mr. Grochala explained the proposed term of the 34 agreement, the proposed licensing fee (base rent and building operations cost) and operation hours 35 of the facility. Staff has put together conservative estimates on the utility costs and is using those 36 for a not to exceed figure that has been preauthorized by the State. Charges will probably be less 37 than those estimates. Any use after the end date would require council approval. A State 38 reprsentative is on line to answer questions. 39 Mayor Rafferty received confirmation that the not to exceed number would be able to grow if there 40 was an extension past June 30th. 41 COUNCIL MINUTES DRAFT 2 Councilmember Lyden asked how staff determined the base rent. Mr. Grochala explained that it is 42 based on square footage, at $10 per square foot, totaling in the range of $37,000. That rate is based 43 on what the City charges for a portion of the City Hall facility. 44 Jamie Wallerstedt, State of Minnesota, offered thanks to the City staff for working on this 45 agreement so quickly. She explained her role at the State and the need to work expediently on 46 matters such as this. She thanked the City for the opportunity to rent the facility. 47 Councilmember Ruhland asked how the State is doing in the area of vaccinations; what’s the 48 prognosis on finishing the program. Ms. Wallerstedt said she is from Emergency Operations and so 49 she is more on the operational side and some of those questions are more MDH and policy based. 50 Her area is to work on getting vaccines out the door for use within one week. She knows that 86% 51 of the vaccines received by the State have gone out the door for use. As far as moving past June 52 30th, Ms. Wallerstedt said based on what they are seeing now, it’s difficult to definitively say they 53 will be done on that date. Councilmember Ruhland asked when the final consultant’s report will be 54 done for the building and Mr. Grochala said mid-April. 55 Councilmember Stoesz asked how big of an area the facility will serve and where the next closest 56 facility will be located. Ms. Wallerstedt noted other sites in greater Minnesota; sites will be 57 decided based on how much vaccine becomes available for distribution. The metro area sites are St. 58 Paul, Mall of America and the Minneapolis Convention Center. The sites are intended to be 59 regional. Councilmember Stoesz asked if the aquatics area would be open for preparations earlier 60 than June 30th if necessary for future uses; Mayor Rafferty suggested that the vaccine use will not 61 disallow the City from entry and needs related to reuse; Ms. Wallerstedt concurred noting that open 62 communication with the clinic will be needed. 63 Councilmember Cavegn asked how the center staff will be chosen; he’d like to see local medical 64 providers if possible. Ms. Wallerstedt explained that the medical providers (a company named 65 Specialists) will hire the staff from the local (metro area) pool of workers. 66 Mayor Rafferty asked how the necessary equipment will be brought in (i.e. refrigeration for 67 vaccine); Ms. Wallerstedt said there are options including specialized coolers. Mayor Rafferty 68 asked if the other sites are up and running; Ms. Wallerstedt said yes. Mayor Rafferty asked about 69 entrance and exit and Ms. Wallerstedt said they are working on final details currently, adding that 70 they do like to have one way flow so may consider renting an ADA acceptable ramp for a door or 71 they could also separate people to go in and out the same door. 72 Councilmember Stoesz asked if there will be temporary signs involved and Community 73 Development Director Grochala said the agreement includes language that allows for required 74 signage including a banner. 75 Mayor Rafferty thanked staff for their efforts in bringing this forward quickly. 76 Councilmember Stoesz moved to approve Resolution No. 21-28 as presented. Councilmember 77 Cavegn seconded the motion. Motion carried; Yeas, 5; Nays none. 78 PUBLIC SAFETY DEPARTMENT REPORT 79 There was no report from the Public Safety Department. 80 PUBLIC SERVICES DEPARTMENT REPORT 81 There was no report from the Public Services Department. 82 COUNCIL MINUTES DRAFT 3 COMMUNITY DEVELOPMENT REPORT 83 There was no report from the Community Development Department. 84 UNFINISHED BUSINESS 85 There was no Unfinished Business. 86 87 NEW BUSINESS 88 There was no New Business. 89 90 COMMUNITY EVENTS 91 There were no events announced. 92 93 ADJOURN 94 95 There being no further business, Councilmember Cavegn moved to adjourn at 6:28 p.m. 96 Councilmember Ruhland seconded the motion. Motion carried on a voice vote. 97 98 These minutes were considered and approved at the regular Council Meeting on April 12, 2021. 99 100 101 102 103 Julianne Bartell, City Clerk Rob Rafferty, Mayor 104 105 CITY COUNCIL AGENDA ITEM 1F STAFF ORIGINATOR: Hannah Lynch, Finance Director MEETING DATE: April 12, 2021 TOPIC: Easy CIP Annual License Invoice VOTE REQUIRED: 3/5 BACKGROUND Easy CIP is a cloud-based application that aims to centralize, facilitate, plan, track, and report to simplify the Capital Improvement Planning (CIP) process. The City currently has three CIP processes/documents; the Community Development 5-year Capital Plan, the Capital Equipment Plan, and the enterprise CIP which will be formalized as part of the Utility Rate Study. Each of these processes are manual and come together in separate excel spreadsheets. Easy CIP would allow for a more standard and collaborative CIP process. After a project is entered into the software, reports and project details can be pulled in a variety of ways. The annual license is currently $4,000 which includes 4 users. The Office Equipment and Replacement Fund has $9,000 dedicated to finance software that could be utilized for the first two years. For the third year and beyond, it would require funding from the General Fund. RECOMMENDATION Consider the approval of the Easy CIP Annual License Invoice. ATTACHMENTS Easy CIP Annual License Invoice INVOICE Infinite-Data LLC 4814 S Las Mananitas Trl Gold Canyon, Arizona 85118 United States 5597657014 www.infinite-data.io BILL TO City of Lino Lakes, MN Hannah Lynch (651) 982-2405 hlynch@linolakes.us Invoice Number:1433 Invoice Date:April 6, 2021 Payment Due:May 21, 2021 Amount Due (USD):$4,000.00 Pay Securely Online Items Quantity Price Amount Easy CIP - Core Core Platform (per year) with one Administrator User License. 1 $2,500.00 $2,500.00 Easy CIP - User License Easy CIP (per year) User License 3 $500.00 $1,500.00 Customer Support Customer Support 1 $0.00 $0.00 Total:$4,000.00 Amount Due (USD):$4,000.00 Pay Securely Online link.waveapps.com/q4af8u-3efdzq Notes / Terms Annual renewal increase is and will not exceed 5% YOY, provided the renewal is for a minimum of the above represented user subscription quantities/configuration and a minimum of one year renewal period. CITY COUNCIL AGENDA ITEM 3A STAFF ORIGINATOR: Meg Sawyer, Human Resources Manager MEETING DATE: April 12, 2021 TOPIC: Appointment of Public Safety Investigative Assistant VOTE REQUIRED: 3/5 INTRODUCTION The Council is being asked to approve the appointment of Tanya Schaaf for the Public Safety Investigative Assistant position. BACKGROUND At this time, staff has completed the recruitment process for the Public Safety Investigative Assistant, provided a conditional offer, and is recommending the approval of Tanya Schaaf for the position. The City received 66 applications and interviewed 14 candidates for the position. Tanya Schaaf holds a Bachelor’s degree in Criminal Justice and Political Science and has over 3 years of assistant experience at the Minnesota Department of Corrections. The hourly rate would be $24.77, which is the starting rate of the AFSCME Labor Contract. The job grade 140 has 6 steps in the wage schedule. With the Council’s approval, Tanya would start in the position of Investigative Assistant on May 3, 2021. RECOMMENDATION Please approve the appointment of Tanya Schaaf to the Police Public Safety Investigative Assistant position. CITY COUNCIL AGENDA ITEM 5A STAFF ORIGINATOR: MEETING DATE: TOPIC: VOTE REQUIRED: Rick DeGardner, Public Services Director April 12, 2021 Consider Resolution No. 21-32 Accepting Bids and Awarding Construction Contract 3/5 INTRODUCTION Staff is requesting council’s consideration to accept bids and award a construction contract for the development of four pickleball courts and two tennis courts at Birch Street and Centerville Road. BACKGROUND On March 8, 2021, the City Council approved the plans and specifications and authorized the Advertisement For Bids. Eight bids were received and opened on April 7, 2021 as shown below: CONTRACTOR TOTAL BASE BID JACON LLC $326,345.56 T. A. Schifsky & Sons Inc $392,465.26 Bituminous Roadways $407,559.50 A-1 Excavating Inc.$408,824.40 Dunaway Construction $477,499.50 Meyer Contracting Inc. $530,019.93 Park Construction Company $541,828.68 Urban Companies $609,359.50 The low bid was submitted by Jacon LLC in the amount of $326,345.56 and is being recommended for award. The engineer’s estimate was $432,550.13. Funding has been identified through General Fund Balance Reserves via Resolution 18-175, and designated Dedicated Parks Funding. RECOMMENDATION Staff recommends adoption of Resolution No. 21-32, Accepting Bids and Awarding Construction Contract for Hard Court Facility at Birch Street and Centerville Road to JACON LLC in the amount of $326,345.56 ATTACHMENTS 1. Resolution No. 21-32 2. WSB Award Letter and Bid Tabulation 3. Concept Plan 4. Phasing Plan RESOLUTION NO. 21-32 ACCEPTING BIDS AND AWARDING A CONSTRUCTION CONTRACT FOR HARD COURT FACILITY AT BIRCH STREET AND CENTERVILLE ROAD WHEREAS, pursuant to an advertisement for bids for the construction of the hard court facility at Birch Street and Centerville Road, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement; and CONTRACTOR TOTAL BASE BID JACON LLC $326,345.56 T. A. Schifsky & Sons Inc. $392,465.26 Bituminous Roadways $407,559.50 A-1 Excavating Inc. $408,824.40 Dunaway Construction $477,499.50 Meyer Contracting Inc. $530,019.93 Park Construction Company $541,828.68 Urban Companies $609,359.50 WHEREAS, it appears that JACON LLC. is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with JACON LLC in the amount of $326,345.56 by the name of the City of Lino Lakes for the construction of the hard court facility at Birch Street and Centerville Road according to the plans and specifications approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the Bid Bonds made with their bids, except that the deposits of the successful bidder and the next two lowest bidders shall be retained until a contract has been signed. Adopted by the Council of the City of Lino Lakes this 12th day of April, 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 K:\017458-000\Admin\Construction Admin\017548-000 CST LOR_20210407.docx 701 XENIA AVENUE S | SUITE 300 | MINNEAPOLIS, MN | 55416 | 763.541.4800 | WSBENG.COM April 7, 2021 Honorable Mayor and City Council City of Lino Lakes 600 Town Center Pkwy Lino Lakes, MN 55014 Re: Tower Park Improvement Project City of Lino Lakes WSB Project No. 017458-000 Dear Mayor and Council Members: Bids were received for the above-referenced project on Thursday, April 7, 2021, and were opened and read aloud. A total of 8 bids were received. The bids were checked for mathematical accuracy and tabulated. The Engineer’s Estimate was $432,550.13. The bid tabulation indicates the low bidder as JACON LLC, Vadnais Heights, MN, in the amount of $326,345.56. We recommend that the City consider these bids and award a contract to JACON LLC, based on the results of the bids received. Sincerely, WSB Jeff Feulner, PLA Project Manager Enclosure cc: John Dreshar, JACON LLC Rick DeGardner, City of Lino Lakes alp Tower Park Improvement Project City of Lino Lakes WSB Project No. 017458-000 Bid Opening: April 7, 2021 at 1:00 p.m. local time DENOTES CORRECTED FIGURE Contractor Addendum No. 1 & 2 Bid Docs Bid Security (5%)Grand Total Bid 1 JACON LLC X X X $326,345.56 2 T. A. Schifsky & Sons, Inc X X X $392,465.26 3 Bituminous Roadways Inc.X X X $407,559.50 4 A-1 Excavating Inc.X X X $408,824.40 5 Dunaway Construction X X X $477,499.50 6 Meyer Contracting Inc. X X X $530,019.93 7 Park Construction Company X X X $541,828.68 8 Urban Companies X X X $609,359.50 Engineer's Opinion of Cost $432,550.13 BID TABULATION SUMMARY Jeff Feulner, PLA Project Manager I hereby certify that this is a true and correct tabulation of the bids as received on April 7, 2020. K:\017458-000\Admin\Construction Admin\017458-000 CST Bid Tab Summary_20210407.xlsx K:\012854-000\Cad\Exhibits\012854 lino lakes _Tower Park- updated 12-1-20Utility Easement Existing Wetland Stormwater Pond Birch StreetBirch Street Parking (+/- 36 Stalls) Existing Fire Station 4 Pickleball Courts 2 Tennis Courts Shelter (Alternate) Full Basketball Court (Alternate) Water Tower8.5’ Wide Trails Graphic Scale 0’200’100’ Tower Park (Centerville Rd/Birch St.) Lino Lakes, Minnesota December 2, 2020 | WSB Project number: 012854-000Centerville RoadCenterville Road LEGEND Phase I Future Phase (2) TENNIS COURTS SHELTER (FUTURE) (4) PICKLEBALL COURTS(2) PICKLEBALL COURTS (FUTURE) (1) BASKETBALL COURT (FUTURE) CONNECTING TRAIL (FUTURE) (14) PARKING STALLS (FUTURE) (21) PARKING STALLS CITY COUNCIL AGENDA ITEM 5B STAFF ORIGINATOR: Diane Hankee, City Engineer MEETING DATE: April 12, 2021 TOPIC: Resolution No. 21-29, Accepting Quotes and Awarding a Construction Contract, 2021 Trail Maintenance Project VOTE REQUIRED: 3/5 Vote Required INTRODUCTION Staff is requesting authorization to accept quotes and award the construction contract for the 2021 Trail Maintenance Project. BACKGROUND The 2021 Trail Maintenance Project includes: Fox Road - Trail Maintenance Maintenance of the trail that connects to Fox Road between Fox Circle and Deerwood Lane includes milling and repaving the trail, repairing existing culverts, and installing three ADA compliant pedestrian ramps at Fox Road and at West Shadow Lake Drive. A location map is enclosed. Funding for the project is from the General Fund, Parks budget. Quotes for the project were received on April 6th, 2021. CONTRACTOR TOTAL QUOTE ACS Asphalt Concrete Solutions Did Not Quote Allied Blacktop Co. $99,379.00 Arcade Asphalt, Inc. Did Not Quote Asphalt Restoration Company, Inc. Did Not Quote Bituminous Roadways Inc. $88,000.00 Muellner Blacktop, Inc. Did Not Quote T.A. Schifsky’s & Sons, Inc. Did Not Quote The low bid was submitted by Bituminous Roadways, Inc. of Mendota Heights, Minnesota, in the amount of $88,000.00. Bituminous Roadways, Inc. has adequately completed numerous projects in the City of Lino Lakes. The completion date for this project is September 17th, 2021. RECOMMENDATION Staff recommends adoption of Resolution No. 21-29 accepting quotes and awarding a construction contract for the 2021 Trail Maintenance Project, in the amount of $88,000.00 to Bituminous Roadways, Inc. ATTACHMENTS 1. Resolution No. 21-29 2. Location Map CITY OF LINO LAKES RESOLUTION NO. 21-29 RESOLUTION ACCEPTING QUOTES, AND AWARDING A CONSTRUCTION CONTRACT, 2021 TRAIL MAINTENANCE PROJECT WHEREAS, pursuant to a request for quotes for the construction of the 2021 Trail Maintenance Project, quotes were received, and tabulated: CONTRACTOR TOTAL QUOTE ACS Asphalt Concrete Solutions Did Not Quote Allied Blacktop Co. $99,379.00 Arcade Asphalt, Inc. Did Not Quote Asphalt Restoration Company, Inc. Did Not Quote Bituminous Roadways Inc. $88,000.00 Muellner Blacktop, Inc. Did Not Quote T.A. Schifsky’s & Sons, Inc. Did Not Quote WHEREAS, it appears that Bituminous Roadways, Inc. of Mendota Heights, Minnesota, is the lowest responsible bidder; and WHEREAS, the funding for the project is from the general fund, park budget; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes that the Mayor and Clerk are hereby authorized and directed to enter into a contract Bituminous Roadways, Inc. for the construction of the 2021 Trail Maintenance Project in the amount of $88,000.00; Adopted by the Council of the City of Lino Lakes this 12th day of April, 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 Fox Rd River Bi r c h Pl White Owl DrPrairie Flower Rd Muskrat Run F o x C i r Iron w o o d C i r 673 701 707 700 740 736 6397 748 767 6404 713 6400 647 6427 650 661 693 719 654 652 649 728 658 652 657 647 685 653 644 6407 688 720 692 656 679 680 6348 661 6429 624 696 643 725 6462 636 672 664 730 763 6334 635 641 6387 6417 6344 6391 6310 6396 759 6414 6408 6334 6325 6414 6376 6316 731 6307 6420 6408 749 737 755 743 6426 6336 6384 6456 6456 6378 6332 6447 6390 6432 63196328 6450 6333 6356 6438 6420 6402 6439 6420 6412 6383 6443 6456 6326 6318 6345 6327 6398 6384 6315 6396 6426 6444 6438 6450 6444 West Shadow Lake DrFox RdFawn LnK:\017704-000\Cad\Exhibits\2021 Trail Maintenance Project - Location.dwg 4/7/2021 10:53:48 AMN SCALE IN FEET 0 200100 Project Location 2021 Trail Maintenance Project City of Lino Lakes, Minnesota LEGEND EXISTING CITY TRAIL PROPOSED TRAIL REPAIRS 1 CITY COUNCIL AGENDA ITEM 6A STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: April 12, 2021 TOPIC: Watermark 4th Addition i. Consider Resolution No. 21-20 Approving PUD Final Plan/Final Plat ii. Consider Resolution No. 21-21 Approving Development Agreement and Planned Unit Development Agreement iii. Consider Resolution No. 21-25 Approving City Park Operations and Maintenance and Stormwater Re-Use Agreement iv. Consider Resolution No. 21-26 Approving Stormwater Re- Use Agreement VOTE REQUIRED: 3/5 INTRODUCTION Complete Application Date: December 15, 2020 60-Day Review Deadline: February 12, 2021 60-Day Extension: April 13, 2021 Environmental Board Meeting: N/A Park Board Meeting: N/A Planning & Zoning Board Meeting: January 13, 2021 Tentative City Council Work Session: March 22, 2021 Tentative City Council Meeting: March 22, 2021 Watermark is a 372 acre master planned residential community consisting of 692 single family lots and 172 townhome units totaling 864 housing units. Lennar submitted a Land Use Application for Watermark 4th Addition PUD Final Plan/Final Plat. The plat proposes 91 single family lots, one (1) HOA clubhouse lot and 5 outlots. Previous Council approvals include: • June 13, 2016: Resolution No. 16-51 approving PUD Development Stage Plan/Preliminary Plat 2 • October 9, 2017: Resolution No. 17-95 approving Amendment #1 to Land Use Plan • December 11, 2017: Resolution No. 17-133 approving Amendment #2 to Architectural Design Standards • October 14, 2019: Resolution No. 19-131 approving Amendment #3 to Architectural Design Standards This staff report is based on the following information: • Cost Estimate Summary prepared by Carlson McCain dated December 14, 2020 • 4th Addition Specification Book prepared by Carlson McCain dated December 4, 2020 • Stormwater Management Plan prepared by Carlson McCain dated December 14, 2020 • Final Plat prepared by Carlson McCain • Sanitary Sewer, Water Main, Storm Sewer and Street Construction Plans prepared by Carlson McCain dated February 22, 2021 • Construction Plans for Turn Lanes by Carlson McCain dated February 22, 2021 • Site Landscape Plan prepared by Carlson McCain dated March 3, 2021 • Grading, Development & Erosion Control Plan prepared by Carlson McCain dated February 19, 2021 • Roundabout Sight Distance, Fast Path and Turning Exhibits prepared by Carlson McCain received February 24, 2021 • Re-Use Irrigation Plan prepared by Irrigation Doctor, Inc. dated April 18, 2019 • Watermark 4th Addition Home Plans Booklet prepared by Lennar dated December 14, 2020 • Watermark Architectural Standards Matrix ANALYSIS PUD Development Stage Plan/Preliminary Plat The PUD Development Stage Plan approved by Resolution No. 16-51 establishes Watermark’s overall land use plan, street and utility layout, parks and open space plan, architectural design standards, landscaping and lot development standards. These standards are summarized in the PUD Master Plan Booklet and are incorporated as part of the Master Development Agreement. Each phase (i.e. addition) of development shall submit a PUD Final Plan consistent with the PUD Development Stage Plan. In October 2017, Council approved an amendment to the PUD Development Stage Plan’s overall Land Use Plan. The Land Use Plan established 871 housing units. As the applicant has worked through final plan design to address City and RCWD comments from the preliminary plat, the number of 55’ wide Villas was reduced from 127 units to 120 units. The net number of housing units is now 864. The net density is 3.39 units per acre and is consistent with the 2030 Comprehensive Plan’s required 3.0 to 4.5 units per acre. 3 October 2018 Gross Area (acres) 372.24 Wetlands & Water Bodies 45.09 Public Parks & Open Space 66.25 Arterial ROW 5.46 Other (Undevelopable) 0.62 Net Area (acres) 254.82 # of Housing Units 864 Gross Density (units/acre) 2.32 Net Density (units/acre) 3.39 Grading and Trunk Utility Improvements Lennar commenced grading and trunk utility improvements in September 2018. Phase I grading was approximately 140 acres and Phase II grading was approximately 20 acres. Phase III will grade out the balance of the site, approximately 212 acres. The 4th Addition final plat is within the Phase III grading limits. PUD Final Plan Watermark 4th Addition creates 91 single family lots, one (1) HOA clubhouse lot and 5 outlots. The PUD Final Plan is consistent with the PUD Development Stage Plan in regards to the land use plan, street and utilities, parks and open space, lot standards and landscaping. The following housing types and products proposed for the 4th Addition are consistent with the approved Land Use Plan. Housing Type Lot Width Housing Product # Lots Single Family 75’ Landmark 28 Single Family 65’ Heritage 14 Single Family 55’- 60’ Lifestyle Villas 28 Single Family 55’- 60’ Discovery 21 TOTAL 91 Architectural Standards Resolution No. 17-133 and Resolution No. 19-131 detail architectural design standards for the entire Watermark development. As required, a Watermark 4th Addition Home Plans summary booklet and Architectural Standards Matrix were submitted. The booklet and matrix detail compliance of the housing products with the resolutions in regards to exterior materials and styles, house elevations and garage and porch requirements. There are 20 different single 4 family house plans with multiple facade and elevation options for a combination of over 100 different housing styles proposed for the 4th Addition. Color packages and anti-monotony plans will be included with each building permit application to ensure that the homes elevations are varied with a minimum of five different styles and those homes in proximity to each other not look alike in terms of the combination of color of siding, accent and roofing materials. Coventry by Alside vinyl siding with .042” panel thickness is proposed on all the housing units. All houses have minimum 4” window trim on the side and rear elevations to meet resolution requirements to incorporate an architectural feature into those elevations that are visible from 20th Avenue (CSAH 54), 21st Avenue N. and the public park. In summary, the Watermark 4th Addition single family housing types and products meet the architectural design standards requirements of Resolution No. 17-133 and Resolution No. 19- 131. Landscaping The Watermark 4th Addition Site Landscape Plan has been reviewed by staff and is consistent with the PUD Development Stage Landscaping Plan. The Environmental Coordinator Memo dated March 8, 2021 notes one minor comments regarding a tree species. Subdivision Ordinance Conformity with the Comprehensive Plan and Zoning Code The Watermark 4th Addition final plat has been reviewed for compliance with the comprehensive plan, zoning and subdivision ordinance. The proposed final plat meets the performance standards of the subdivision and zoning ordinance and is consistent with the PUD Development Stage Plan/Preliminary Plat and Final Plan. Plat Phases The following summarizes the number of lots platted per addition: Addition # SF Lots Remaining #SF Lots # TH Lots Remaining #TH Lots Total # Lots Remaining 692 172 864 1st 100 592 93 79 671 2nd 57 535 0 79 614 3rd 96 439 79 0 439 4th 91 348 0 0 348 It should be noted the plat contains 91 single family lots and one (1) lot for the future HOA clubhouse for a total of 92 platted lots. 5 Blocks and Lots The final plat creates 91 single family lots, one (1) HOA clubhouse lot and 5 outlots. The following chart summarizes the purpose of the outlot: Outlot Purpose A Lake 10, Wetland and Open Space B Lake 10 and Open Space C Public Park D Lake 20 and Open Space E Future Development Outlots A, B and D will be deeded, owned and maintained by a Homeowners Association (HOA). Outlot C will be deeded to the City for the public park. Easements Standard drainage and utility easements are being dedicated on individual lots and over Outlots A, B and D. Street and Utilities The 4th Addition proposes construction of the following streets which are consistent with the PUD Development Stage Plan: Street Name Right-of-Way Width Street Width (Back to Back) Watermark Way 60-110 ft 32 feet Crane Drive 60 feet 32 feet Forest Lane 60 feet 32 feet Watermark Way is the main gateway and entrance into the development. It features a decorative faux bridge, stone piers, monument signs and landscaped medians. The road right- of-way starts at 110 feet wide and tapers to 60 feet with 32 feet back to back paved roadway. A 5ft wide concrete sidewalk is on the south side and a 10 ft wide bituminous trail is on the north side. A 12 ft wide northbound right turn lane and 12 ft wide thru lane are provided on 20th Avenue (CSAH 54) at Watermark Way. A 12 ft wide southbound bypass lane and 12 ft wide thru lane are also being constructed. Anoka County has approved the turn lanes. Watermain, sanitary sewer main, stormwater facilities, streets, sidewalks and trails are being constructed consistent with the PUD Development Stage Plan. 6 Public Land Dedication and Fees As approved with Resolution No. 16-51, the City will require the following combination of land dedication and cash in lieu of land dedications: 1. Land dedication for the public and private parks will be credited from the total payment in lieu. 2. Costs for public park improvements and trail construction will be credited from the total payment in lieu. 3. Improvements to the private parks and recreational center will not be credited from the total payment in lieu. A 10 ft wide bituminous trail will be constructed 2,900 lf along CSAH 54 (20th Avenue) within the right-of-way. Trail will also be constructed along Watermark Way. Permanent Trail Easements are not required because the trails will be constructed within the road right-of-way. Trail construction costs will be credited. Park dedication fees will also be credited for the 5.39 acre public park land platted as Watermark 4th Addition, Outlot C. Per the Master Developer Agreement (MDA), the parkland dedication fees are based on an appraisal of fair market value. An appraisal was prepared in December 2018 by Insight Realty Advisors, Inc. The credited value of Outlot C, Watermark 4th Addition is $207,000. This outlot will be deeded to the City. The public park will be developed by City consistent with the approved Master Plan. Lot 1, Block 3, Watermark 4th Addition is being platted for the future construction of the HOA clubhouse. Per the Master Development Agreement, the developer shall construct a private club house for the use of the residents of the Development once final plat approval for 518 lots has been granted by the City. With the approval of the 4th addition final plat, there will be 516 approved lots. Per the Watermark 3rd Addition Development Agreement, the townhome tot lot, play equipment and associated landscaping on Outlot I, Watermark shall be completed by August 30, 2021. Per Resolution No. 16-51, credit will not be given for theses private park improvements. The following is a summary of the land dedication and fees: Watermark 4th Addition Total # Units = 91 x Park Dedication Fee $3,160 = Cash in Lieu Value $287,560 - Land dedication value (Outlot C, Watermark 4th) ($207,000) 7 - Trail Construction Costs ($120,000) TOTAL CASH FEE DUE = ($39,440) There are 348 remaining lots to be platted. The negative cash balance will be carried over and balanced with the next phase of development. Floodplain Per the City Engineer’s letter dated March 12, 2021, Watermark 4th Addition does impact the existing FEMA floodplain. The applicant is currently working on FEMA floodplain approval associated with Watermark 2nd Addition. Anoka County wants the removal of the floodplain in the Anoka County right-of-way to be included with the modified LOMR. Wetlands Wetland delineations were approved by RCWD and USACE in 2015. The delineation identified 28 wetlands totaling approximately 20 acres in size. The original approved WCA Sequencing Application proposed wetland impacts, wetland creation, wetland restoration and upland buffer establishment. In April 2018, the developer revised the application to purchase 3.3671 acres of wetland banking credits as the proposed compensatory mitigation action. The wetland fill, impacts and mitigation (wetland bank credits) occurred within the Phase I grading limits and are complete. In December 2020, the developer submitted another Wetland Replacement Plan to RCWD for the balance of the site. Phase 3 grading impacts 5.9784 acres of wetland which require a 1:1 mitigation. The plan was to buy wetland credits for mitigation; however, viable wetland restoration and creation opportunities exist within Phase 3; therefore, onsite restoration and creation will be used for mitigation. This is consistent with the Parks and Open Space Plan and the establishment of the greenway corridor including wetlands, trails and open space. An Open Space Easement in favor of the City was recorded in March 2019 over outlots containing wetlands, open space, stormwater ponds, berms etc. Per the MDA, this Easement will be revised and recorded over each outlot as they are platted. Additional easements and declarations in favor of RCWD will be recorded over the wetlands and buffers. The Watermark 4th Addition Final Landscape Plan details the location of required “Protected Open Space Area” signs. Development Agreement Master Development Agreement A Master Development Agreement was recorded in March 2019. The Agreement covers the entire 372 acre site and details the terms and conditions of City approvals, the Development Plans, the required public and private improvements as part of the first and subsequent phase, the standards for the timing and financing of the improvements, required HOA documents and the terms of payment. 8 Development Agreement and Planned Unit Development Agreement The City will also require our standard Development Agreement specific to each phase of development. This agreement further details required improvements and securities. The City Engineer has drafted this Agreement and it shall be approved by the City Council. City Park Operations and Maintenance and Stormwater Re-Use Agreement and Stormwater Re-Use Agreement The City is required, through MPCA permitting, to reduce nutrient loading within the Peltier Lake watershed. In addition, the City has goals to reduce the use of municipal water supply for irrigation purposes. Part of the nutrient loading reduction will be completed through four re- use systems within the Watermark Development. The re-use systems are maintained through the following agreements: City Park O & M and Stormwater Re-use Agreement The City owned park will be irrigated with water from a Stormwater Re-use system. The Re- use system will also supply water to irrigate the boulevard of Watermark Way. The Re-use system and boulevard irrigation system will be owned and maintained by the Watermark Neighborhood Association. Lake 20 is owned and maintained by the Neighborhood Association. The agreement provides the City rights to the re-use system, and the use of surfacewater from Lake 20. The agreement also addresses use of the City’s municipal water supply in the event the lake levels drop more than 4 ft. Stormwater Re-use Agreement The Stormwater Re-use Agreement is for the other 3 re-use pump systems that will irrigate townhome area, I-35E berm, and 21st Ave boulevard landscaping. These systems will be owned and maintained by the Watermark Neighborhood Association and the Watermark Townhome Association. Similar to the park re-use agreement the agreement addresses use of the City’s municipal water supply in the event the lake levels drop more than 4 ft. Homeowner’s Association (HOA) The City Attorney reviewed and approved the submitted HOA documents. Title Commitment The City Attorney reviewed the title commitment and final plat. The Attorney recommends requiring Lennar to update the title to have an effective date consistent with the release and recording of the plat. Stormwater Maintenance Agreement The stormwater facilities will be covered under the City’s Programmatic Stormwater Management Agreement after they have been installed and accepted by the City. 9 Findings of Fact The Findings of Fact for Watermark 4th Addition PUD Final Plan/Final Plat are detailed in Resolution No. 21-20. RECOMMENDATION The Planning & Zoning Board reviewed the Watermark 4th Addition PUD Final Plan/Final Plat on January 13, 2021 and recommended approval with a 5-0 vote. ATTACHMENTS 1. Resolution No. 21-20 2. Final Plat 3. Resolution No. 21-21 4. Development Agreement and Planned Unit Development Agreement 5. Resolution No. 21-25 6. City Park Operations and Maintenance and Stormwater Re-Use Agreement 7. Resolution No. 21-26 8. Stormwater Re-Use Agreement 1 CITY OF LINO LAKES RESOLUTION NO. 21-20 RESOLUTION APPROVING THE PUD FINAL PLAN/FINAL PLAT FOR WATERMARK 4th ADDITION WHEREAS, the City received an application for Watermark 4th Addition PUD Final Plan/Final Plat approval hereafter referred to as Development; and WHEREAS, City staff has completed a review of the proposed Development based on the following plans and information: • Cost Estimate Summary prepared by Carlson McCain dated December 14, 2020 • 4th Addition Specification Book prepared by Carlson McCain dated December 4, 2020 • Stormwater Management Plan prepared by Carlson McCain dated December 14, 2020 • Final Plat prepared by Carlson McCain • Sanitary Sewer, Water Main, Storm Sewer and Street Construction Plans prepared by Carlson McCain dated February 22, 2021 • Construction Plans for Turn Lanes by Carlson McCain dated February 22, 2021 • Site Landscape Plan prepared by Carlson McCain dated March 3, 2021 • Grading, Development & Erosion Control Plan prepared by Carlson McCain dated February 19, 2021 • Roundabout Sight Distance, Fast Path and Turning Exhibits prepared by Carlson McCain received February 24, 2021 • Re-Use Irrigation Plan prepared by Irrigation Doctor, Inc. dated April 18, 2019 • Watermark 4th Addition Home Plans Booklet prepared by Lennar dated December 14, 2020 • Watermark Architectural Standards Matrix; and WHEREAS, the City Council the approved the PUD Development Stage Plan/Preliminary Plat with Resolution No. 16-51 on June 13, 2016; and WHEREAS, the Planning & Zoning Board reviewed and recommended approval of the Development on January 13, 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 2 1. The final plat substantially conforms to the approved preliminary plat subject to the conditions listed below. 2. The City Attorney reviewed the status of title/property ownership related to the final plat and notes the title commitment shall be updated. 3. A 4th Addition 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. 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 Watermark 4th Addition PUD Final Plan/Final Plat subject to the following conditions: 1. Outlots A, B and D, Watermark 4th Addition are preserved as permanent Open Space and shall be improved by the Developer in accordance with the approved plans and upon completion and acceptance by the city of such improvements, they shall be owned and maintained by a Homeowner’s Association in accordance with an approved Restoration and Management Plan. 2. Outlot C, Watermark 4th Addition shall be deeded to the City as a Public Park. 3. The Developer shall obtain a FEMA approved CLOMR to revise the impacted floodplain prior to the City issuing a grading permit. Building permits will not be issued on until a FEMA approved LOMR is received for Lots 12-20 Block 1, Lots 8-18 and 20-26 Block 2, and Lots 1-2 Block 3 of the Watermark 4th Addition. 4. Per the Watermark 3rd Addition Development Agreement, the townhome tot lot, play equipment and associated landscaping on Outlot I, Watermark shall be completed by August 30, 2021. BE IT FURTHER RESOLVED by the City Council of the City of Lino Lakes hereby approves the Development subject to the following items being addressed prior to release of final plat mylars: 1. The 4th Addition Agreements (Development Agreement, City Park Operations and Maintenance and Stormwater Re-Use Agreement and Stormwater Re-Use Agreement) shall be approved by the City Council, executed and recorded against the property. 2. Any staff comments requiring revisions to the final plat shall be addressed. 3. The title commitment shall be updated. 4. A draft copy of an Open Space Easement covering the following outlots shall be submitted to the City for review and approval: a. Outlots G, J, M and N, Watermark b. Outlot A, Watermark 2nd Addition c. Outlot A, Watermark 3rd Addition d. Outlots A, B and D, Watermark 4th Addition 5. A draft copy of the deed for Outlot C, Watermark 4th Addition shall be submitted to the City for review and approval. 3 BE IT FURTHER RESOLVED by the City Council of the City of Lino Lakes hereby approves the Development subject to the following items being addressed prior to issuance of a grading permit within the 4th Addition: 1. All comments from the City Engineer Letter dated April 1, 2021 shall be addressed. 2. All comments from Environmental Coordinator Memo dated March 8, 2021 shall be addressed. 3. A copy of the FEMA approved CLOMR shall be provided to the City. BE IT FURTHER RESOLVED by the City Council of the City of Lino Lakes hereby approves the Development subject to the following items being addressed prior to issuance of building permit within the 4th Addition: 1. Copies of all the recorded 4th Addition Documents. 2. A copy of the recorded Homeowner’s Association documents shall be submitted to the City. 3. A copy of the recorded Open Space Easement for the outlots noted above shall be submitted to the City. 4. A copy of the recorded deed for Outlot C, Watermark 4th Addition shall be submitted to the City. 5. Building permits will not be issued on until a FEMA approved LOMR is received for Lots 12-20 Block 1, Lots 8-18 and 20-26 Block 2, and Lots 1-2 Block 3 of the Watermark 4th Addition. Adopted by the Council of the City of Lino Lakes this 12th day of April, 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 WATERMARK 4TH ADDITIONINSET 'a'(see sheet 3of 5 sheets)INSET 'b'(see sheet 4of 5 sheets)INSET 'c'(see sheet 5of 5 sheets)MATCH LINE A(SEE SHEET 2 OF 5 SHEETS)MATCH LINE A(SEE SHEET 2 OF 5 SHEETS)Detail ASee Detail AFORESTLANEWATERMARKWAYWATER MARK WAYCRANE DRIVEFORESTLANE WATERMARK 4TH ADDITIONMATCH LINE A(SEE SHEET 1 OF 5 SHEETS)MATCH LINE A(SEE SHEET 1 OF 5 SHEETS) WATERMARK 4TH ADDITIONINSET AFOREST LANE WATERMARK 4TH ADDITIONINSET BWAT E R M A R K W A Y WATERMARKWAYFORESTLANELANEFOREST WATERMARK 4TH ADDITIONINSET CCRANE DRIVEWATERMARK WAYWATER MARK WAY CITY OF LINO LAKES RESOLUTION NO. 21-21 RESOLUTION APPROVING DEVELOPMENT AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT FOR WATERMARK 4th ADDITION WHEREAS, on April 12, 2021 the City Council passed Resolution No. 21-20 approving Watermark 4th Addition PUD Final Plan/Final Plat; 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 and Planned Unit Development Agreement between US Home Corporation and the City of Lino Lakes for Watermark 4th 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 12th day of April, 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 and PLANNED UNIT DEVELOPMENT AGREEMENT Watermark 4th Addition THIS AGREEMENT is made this _____ day of ____________, 2021, by and between the City of Lino Lakes (“City”), a Minnesota municipal corporation, and U.S. Home Corporation, A Delaware corporation d/b/a Lennar Corporation (“Developer”). 1. Subdivision. Developer received preliminary plat approval from the City by Resolution No. 16-51 for a plat known as Watermark (“Subdivision”). Unless otherwise stated, all terms and conditions of this Agreement relate to work within the Watermark 4th Addition of the Subdivision. 2. Final Plat Approval. The City’s approval of the final plat of Watermark 4th 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. 21-20. 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 Watermark 4th Addition 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. Watermark 4th Addition Final Plat, containing 5 sheets, prepared by Carlson McCain, received December 15, 2020. ii. Watermark 4th Addition Sanitary Sewer, Water Main, Storm Sewer (Box Culvert Construction) and Street Construction plan set containing 25 sheets, revision date March 19, 2021, prepared by Carlson McCain. Watermark 4th Addition Development Agreement April 12, 2021 page 2 iii. Watermark Grading, Development & Erosion Control Plan, containing 24 sheets, prepared by Carlson McCain, revision date March 19, 2021. iv. Watermark 4th Addition Turn Lane Plans, containing 8 sheets, prepared Carlson McCain, revision date March 15, 2021. v. Watermark 4th Addition Landscape Plans, containing 6 sheets, prepared Carlson McCain, revision date March 19, 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. 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 2021, 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. No grading shall commence until all requirements of the Rice Creek Watershed District (RCWD) have been satisfied. ii. All site grading shall be conducted in accordance with the grading plan as approved by the City and in accordance with NPDES and RCWD requirements. The Developer shall perform the work in accordance with a Storm Water Pollution Prevention Plan (SWPPP) pursuant to Minnesota Pollution Control Agency (MPCA) requirements. b. Grading and Erosion Control i. The Developer shall grade the site to within 0.2 foot of the grades shown on the approved grading plan. No deviations will be allowed unless a revised plan is submitted and approved in writing by the City and all other regulatory agencies. Watermark 4th Addition Development Agreement April 12, 2021 page 3 ii. The street right-of-way, storm water storage ponds, and surface water drainage ways shall be graded prior to commencement of utility construction. Four inches of topsoil and a City approved seed mix shall be installed within disturbed areas, and seed mix information shall be provided to the City. iii. The Developer shall be responsible for ascertaining that site geotechnical and groundwater conditions are adequate and conforming with the grading and site improvement as proposed. iv. The Developer’s engineer shall certify in writing, with an as-built survey, that all grading complies with the approved grading plan prior to issuance of any building permits. v. The Developer shall promptly clear dirt and debris within public rights-of- ways 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 released by the City. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on them, including detour signs if necessary. If and when the streets become impassable, such streets shall be barricaded and closed. The Developer shall maintain a smooth, hard driving surface and adequate drainage on all temporary streets. c. Final street grading, subbase, gravel base, concrete curb and gutter, and bituminous base course and wear course shall be furnished and installed. Street signs shall be installed by the Developer within ten (10) business days following the completion of the base course. d. Sidewalks, trails and street lighting shall be installed within 6 months of the bituminous base course. Extensions may be approved by the City Engineer, due to weather conditions, upon receipt of a written request in writing by the Developer to the City. In no case shall such extension extend beyond one year from the date of installation of bituminous base course. e. Storm sewers, when determined to be necessary by the City Engineer, including all necessary laterals, catch basins, inlets and other appurtenances, shall be furnished and installed. f. Sanitary sewer mains, laterals or extensions, including all necessary building services and other appurtenances, shall be furnished and installed. Watermark 4th Addition Development Agreement April 12, 2021 page 4 g. Water mains, laterals or extensions, including all necessary building services, hydrants, valves and other appurtenances, shall be furnished and installed. h. The Developer shall place iron monuments at all lot, block, and outlot 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 shall be furnished and installed in accordance with the approved plans. Boulevard Tree Planting shall be the responsibility of the Developer. Developer shall confirm tree selection with City prior to ordering. City retains the right to make changes to species prior to ordering. Developer shall be responsible for vegetative restoration of ponding areas, outlots, wetland mitigation areas, and other native planting areas identified on the plans in accordance with City Standard Specifications for Construction. Developer shall contract with a qualified firm for the establishment and maintenance of all native plant areas. Said contract shall cover a minimum of the 3 year establishment period, from the date of planting. 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. The utilities are required to be located within a joint trench. Street light installations shall be initiated by the Developer with City Engineer approval. The Developer is solely responsible for the cost of private utility installation. k. The Developer shall install mailboxes in accordance with Federal and Postal Service regulations. l. The Developer shall install conservation easement signs per City standard detail plates prior to the issuance of building permits. 7. Time of Performance. The Developer shall install all required improvements enumerated in Paragraph 6 by November 30, 2022. The Developer may request a reasonable extension of time from the City. If the extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 8. Record Drawings. Watermark 4th Addition Development Agreement April 12, 2021 page 5 a. Upon project completion, Developer shall submit record drawings, in electronic format, of all public and private infrastructure improvements, including grading, sanitary sewer, watermain, storm sewer facilities, and roads, constructed by Developer. The files shall be drawn in Anoka County NAD 83 Coordinate system and provided in both AutoCAD .dwg and Adobe .pdf file formats. The plans shall include accurate locations, dimensions, elevations, grades, slopes and all other pertinent information concerning the complete work. b. The Developer shall submit certified compaction testing results for the site grading operations 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. 9. 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 as determined by the City Engineer. 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. Watermark 4th Addition Development Agreement April 12, 2021 page 6 c. Alternatively, the Developer may enter into a Public Improvement Surety Agreement, subject to City approval. d. Reduction of Security. The Developer may request reduction of the Letter of Credit or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. 10. Warranty. The Developer warrants all utility work required to be performed by it against poor material and faulty workmanship for a period of two years after its completion and acceptance by the City. All new streets shall be warranted by the developer for a period of one year from the time the final inspection of the street is completed and accepted by the City 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. 11. 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. 12. 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. 13. 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 purchasers and owners. This shall be recorded against the Subdivision described on Page 1. 14. 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 Watermark 4th Addition Development Agreement April 12, 2021 page 7 ii. Administration - 3% of Developer Improvement Costs iii. City Engineering and Legal iv. Street lighting installation (by utility company, developer to initiate) v. Street, storm sewer and pond maintenance vi. 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. 15. Developer Fees. At the time of execution of this Agreement, the Developer shall pay the following fees related to the development of the Subdivision (See Exhibit C for breakdown of costs): a. Park Dedication Park dedication fees will be credited for trail construction costs and the 5.39 acre Public Park located in the Watermark 4th Addition, and deeded to the City per the Master Developer Agreement (MDA). As required by the MDA, the parkland dedication fees are based on an appraisal of fair market value. An appraisal was prepared in December 2018 by Insight Realty Advisors, Inc. The credited value of the Public Park is $207,000. The public park will be developed by City consistent with the approved Master Plan. Lot 1, Block 3, Watermark 4th Addition is being platted for the future construction of the HOA clubhouse. Per the Master Development Agreement, the developer shall construct a private club house for the use of the residents of the Development once final plat approval for 518 lots has been granted by the City. With the approval of the 4th addition final plat, there will be 516 approved lots. Per the Watermark 3rd Addition Development Agreement, the townhome tot lot, play equipment and associated landscaping on Outlot I, Watermark shall be completed by August 30, 2021. Per Resolution No. 16-51, credit will not be given for theses private park improvements. The following is a summary of the land dedication and fees: Watermark 4th Addition Development Agreement April 12, 2021 page 8 Watermark 4th Addition Total # Units = 91 x Park Dedication Fee $3,160 = Cash in Lieu Value $287,560 - Land dedication value (Outlot C, Watermark 4th) ($207,000) - Trail Construction Costs ($120,000) TOTAL CASH FEE DUE = ($39,440) There are 348 remaining lots to be platted. The negative cash balance will be carried over and credited against park dedication fees collected with the next phase of development. b. The Developer shall pay 15 months of maintenance and energy costs for street lights installed within the Subject Property at the rate of $8/month/light. After that the City will assume the costs. c. GIS Mapping Fees 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 Watermark 4th Addition Development Agreement April 12, 2021 page 9 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. 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. An estimate of the total charge and the trunk utility credit for developer installed trunk oversizing is specified in Exhibit B. 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 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. City Water (CWAC) $1,473.00 Per SAC Unit An estimate of the total charge and the trunk utility credit for developer installed trunk oversizing is specified in Exhibit B. 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 Watermark 4th Addition Development Agreement April 12, 2021 page 10 Surface Water Management Charge shall be determined in accordance with the Watermark Master Development Agreement. The amount is specified in Exhibit B. The charge shall be paid at the time of subdivision approval. 16. 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 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 Watermark 4th Addition Development Agreement April 12, 2021 page 11 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. 17. Building Permits. No building permits shall be issued until: a. Site grading, certified compaction testing, City sewer, water, storm sewer, and bituminous base construction of the streets, temporary street signs, gas, electric, telecommunication, cable and internet are installed and approved by the City, except as provided below. i. Model Homes: Structures may be installed as model homes consistent with City ordinance upon approval of the final plat. A record drawing of the site grading for the model home lots shall be submitted prior to issuance of building permits for the model homes. ii. If any building permits for model homes are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, the Developer, its contractors, subcontractors, material men, employees, agents or third parties. Any such costs shall be reimbursed from Developer’s escrow. Watermark 4th Addition Development Agreement April 12, 2021 page 12 18. Special Provisions. a. Rear yard draintile systems shall be privately maintained, and will not be maintained by the City. This is consistent with all phases of the Watermark Development. b. Club House - Sanitary Sewer and Water Trunk Charges are being charged as one unit, and the SAC and WAC charges will be due at the time of building permit and when a Metropolitan Council of Environmental Services (MCES) SAC determination is available. c. Lake 20 (Outlot D Watermark 4th Addition, and Outlots E and G Watermark), which is owned and maintained by the Watermark Homeowners Association, may be utilized by the City for the extraction of water to irrigate the Public Park to be constructed on Outlot C, Watermark 4th Addition. In addition, the City may construct a dock or pier from the Public Park onto Lake 20, and the public shall have the right to access and utilize Lake 20 from the Public Park or any dock or pier constructed by the City. The City and the Watermark Homeowners Association shall enter an agreement, City Park Operations and Maintenance and Stormwater Re-Use Agreement, prior to recording of the plat, vesting the City with the rights described in this section. The agreement providing for such rights shall not be deemed to be a dedication of any property for general public use. The City’s entry and access to, and use of, Lake 20 shall always be subject to the following provisions: (i) the City shall promptly restore any areas disturbed in the course of the City's entry or use thereof, (ii) the City shall maintain, repair and replace any improvements installed by the City at the City’s sole cost and expense, and (iii) the City shall indemnify, defend and hold Developer and the Watermark Homeowners Association harmless from and against any costs, damages, liabilities, losses, expenses, liens or claims (including, without limitation, reasonable attorney’s fees) arising out of or relating to any such access, entry or use thereof, all such obligations shall survive termination or expiration of this Agreement. d. The Developer shall obtain a FEMA approved CLOMR to revise the impacted floodplain prior to grading within the floodplain. Building permits will not be issued on until a FEMA approved LOMR is received for Lots 12-20 Block 1, Lots 8- 18 and 20-26 Block 2, and Lots 1-2 Block 3 of the Watermark 4th Addition. e. Outlots A, B and D, Watermark 4th Addition are preserved as permanent Open Space and shall be improved by the Developer in accordance with the approved plans and upon completion and acceptance by the city, of such improvements, it shall be owned and maintained by a Homeowner’s Association in accordance with an approved Restoration and Management Plan. Watermark 4th Addition Development Agreement April 12, 2021 page 13 f. Homeowners’ Association Covenants and Restrictions The Developer shall establish a Homeowners’ Association (the “HOA”) in accordance with the Master Development Agreement. The Homeowners’ Association Covenants and Restrictions shall, among other matters, provide for the collection of annual dues for the HOA’s maintenance obligation for the [fence and noise wall, collectively, the “Buffer”] within each phase of the Development, together with reasonable reserves. The Covenants and Restrictions shall provide that the City has the right to perform maintenance of the Buffer if the HOA fails to do so in compliance with applicable rules and regulations, and allow for the City to assess a lien or a Minn. Stat. Ch. 429 special assessment against the homesites for work which was to be paid for by the HOA dues. Any amendments to the Homeowner’s Association Covenants impairing the rights of the City shall be approved by the City Attorney. The Developer and Owner hereby waive, on their own behalves and on behalf of future owners, any procedural or substantive challenge to assessments under this section. All Covenants for the Project shall include language consistent with this section. g. Watermark Way access to 20th Avenue North (CSAH 54) shall not be open to traffic until 20th Avenue North (CSAH 54) turn lane construction is completed. h. The box culvert design shall include a geotechnical evaluation where the absence of peat is verified a reasonable distance below the culvert. The overall design and layout for this section of Watermark Way shall be approved by the City prior to the City issuing a grading permit. Such approval shall not be unreasonably withheld. i. The developer shall provide a 20 foot wide trail easement based on the centerline of the newly constructed trail. j. Existing wells shall be properly abandon per state requirements. k. Stormwater Re-use Agreements for pumps one, two and three shall be executed prior to the recording of the final plat for the Watermark 4th Addition. 19. 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 20. 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 Watermark 4th Addition Development Agreement April 12, 2021 page 14 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. 21. Developer’s Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, 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. 22. 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. Watermark 4th Addition Development Agreement April 12, 2021 page 15 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 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. U.S. Home Corporation, dba Lennar 16305 36th Avenue N, Suite 600 Plymouth, MN 55446 Joe.Jablonski@Lennar.com Community Development Director City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 mgrochala@linolakes.us 23. Land Use Controls - Planned Unit Development. Watermark is a Planned Unit Development (PUD) as approved by the City Council by Ordinance No. 04-16, Resolution No. 16-151, Resolution No. 19-137, Resolution No. 20- 30, and Resolution No. 21-20. 24. Master Development Agreement. Watermark is governed by the terms of this Agreement, as well as the terms of the Master Development Agreement between the Developer and City. The two Agreements shall be construed together, and the requirements and obligations of the Agreements are cumulative. In the event of a direct conflict between the two Agreements, the Agreement imposing the greater obligation on Developer shall govern. Watermark 4th Addition Development Agreement April 12, 2021 page 16 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 Watermark 4th Addition Development Agreement April 12, 2021 page 17 STATE OF MINNESOTA ) ) SS COUNTY OF __________ ) 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 Watermark 4th Addition Development Agreement April 12, 2021 page 18 CONSENT AND SUBORDINATION Not Applicable _____________________________, 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 Watermark 4th Addition Development Agreement April 12, 2021 page 19 EXHIBIT A Final Plat WATERMARK 4TH ADDITIONINSET 'a'(see sheet 3of 5 sheets)INSET 'b'(see sheet 4of 5 sheets)INSET 'c'(see sheet 5of 5 sheets)MATCH LINE A(SEE SHEET 2 OF 5 SHEETS)MATCH LINE A(SEE SHEET 2 OF 5 SHEETS)Detail ASee Detail AFORESTLANEWATERMARKWAYWATER MARK WAYCRANE DRIVEFORESTLANE WATERMARK 4TH ADDITIONMATCH LINE A(SEE SHEET 1 OF 5 SHEETS)MATCH LINE A(SEE SHEET 1 OF 5 SHEETS) WATERMARK 4TH ADDITIONINSET AFOREST LANE WATERMARK 4TH ADDITIONINSET BWAT E R M A R K W A Y WATERMARKWAYFORESTLANELANEFOREST WATERMARK 4TH ADDITIONINSET CCRANE DRIVEWATERMARK WAYWATER MARK WAY Watermark 4th Addition Development Agreement April 12, 2021 page 20 EXHIBIT B Securities, Escrows & Fees 4/9/2021 EXHIBIT B Securities, Escrows & Fees PROJECT: Watermark 4th Addition NUMBER OF REU's:92 APPLICANT: US Home Corporation NO. OF LOT FRONTAGES 97 AREA (Acres):27.5 IMPROVEMENTS COST DEVELOPER IMPROVEMENT COSTS (Private) SITE GRADING $3,595,000 EROSION CONTROL $109,000 Total $3,704,000 Letter of Credit Amount X 35%$1,296,400 DEVELOPER IMPROVEMENT COSTS (Public) SITE GRADING $0 EROSION CONTROL $15,000 LANDSCAPING $128,300 OPEN SPACE & WETLAND RESTORATION $150,568 TRAIL $120,000 STREETS $1,723,225 BRIDGE $400,000 TURN LANES $170,805 STORM SEWER CONST.$470,492 SANITARY SEWER CONST.$646,160 WATERMAIN CONST.$765,860 ENGINEERING & SURVEYING $91,808 Total $4,682,218 Letter of Credit Amount X 150%$7,023,327 ESCROW for CITY'S COSTS PLANNING/ REVIEW $1,500 ADMINISTRATION $140,470 ENGINEER PLAN REVIEW $2,500 ENGINEER CONSTRUCTION SERVICES $209,655 PROJECT FINAL DOCUMENTS & CITY ENGINEER $5,500 STREET LIGHT INSTALLATION $22,500 STREET & STORMWATER MAINTENANCE $3,500 PROPERTY TAXES $0 TRAFFIC AND SIGNING IMPROVEMENTS $22,200 BOULEVARD TREE PLANTING $0 Total $406,325 DEVELOPMENT FEES PARK DEDICATION $287,560 PARK DEDICATION CREDIT $327,000 Subtotal Park Dedication Fee ($39,440) AUAR $7,406 GIS MAPPING FEE $8,730 STREET LIGHTING OPERATION $1,080 Total $17,216 TRUNK SANITARY SEWER TRUNK CHARGE PER (ACRE OR UNIT)$149,960 AVAILABILITY CHARGE PER SAC UNIT $138,775 TRUNK SANITARY SEWER CREDIT $0 TRUNK WATERMAIN TRUNK CHARGE PER (ACRE OR UNIT)$215,372 AVAILABILITY CHARGE PER SAC UNIT $134,043 TRUNK WATERMAIN CREDIT ($165,530) TOTAL TRUNK SEWER & WATER FEES $472,620 SURFACE WATER MANAGEMENT $224,777 SURFACE WATER MANAGEMENT CREDIT $0 TOTAL SURFACE WATER MANAGEMENT FEES $224,777 Total $472,620 Letter of Credit Amount X 35% $165,417 SUMMARY OF SECURITIES, ESCROW & FEES SECURITY: DEVELOPER IMP'MENT COSTS $8,319,727 ESCROW FOR CITY COSTS $406,325 DEVELOPMENT FEES $241,993 SECURITY: TRUNK FEES $165,417 CITY OF LINO LAKES RESOLUTION NO. 21-25 RESOLUTION APPROVING WATERMARK CITY PARK OPERATIONS AND MAINTENANCE AND STORMWATER RE-USE AGREEMENT WHEREAS, on April 12, 2021 the City Council passed Resolution No. 21-20 approving Watermark 4th Addition PUD Final Plan/Final Plat; and WHEREAS, a condition of approval requires the execution of a City Park Operations and Maintenance and Stormwater Re-Use 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 City Park Operations and Maintenance and Stormwater Re-Use Agreement between US Home Corporation and the City of Lino Lakes for Watermark 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 12th day of April, 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 ______________________________________________________________________________ (Above Space Reserved for Recording Information) CITY PARK OPERATIONS AND MAINTENANCE AND STORMWATER RE-USE AGREEMENT (Watermark, Lino Lakes, Minnesota) THIS CITY PARK OPERATIONS AND MAINTENANCE AND STORMWATER RE- USE AGREEMENT (this "Agreement") is entered into as of this day of , 2021, by and between the City of Lino Lakes (“City”), a Minnesota municipal corporation and Watermark Master Homeowners Association, a Minnesota nonprofit corporation (“Neighborhood Association”). RECITALS A. Surfacewater management systems including a Lake ("Lake") have been located on property owned by the Neighborhood Association and legally described as: Outlots E and G, Watermark and Outlot D, Watermark 4th Addition, Anoka County, Minnesota (the "Outlots"). B. The Lake is encumbered by a public Drainage and Utility easement in favor of the City of Lino Lakes. C. The City owns and maintains a City park (“City Park” along the west end of the Lake located on Outlot C, Watermark 4th Addition, Anoka County, Minnesota. D. The City has required that retained surfacewater be used to provide irrigation water to the common elements within the Watermark residential community (the "Common Elements") as identified on Exhibit A attached hereto and incorporated herein, City Park, and boulevard landscaping. E. A Stormwater Re-Use Distribution System (the "Distribution System"), including without limitation a Stormwater Re-Use Pump and RPZ backflow preventer assembly (the "RPZ and Pump"), have been designed and will be installed by the Neighborhood Association in locations as generally depicted on Exhibit A attached hereto and incorporated herein, which System, RPZ and Pump allow surfacewater from the Lake to be used to provide irrigation water to the Watermark irrigation system (the “Irrigation System”) that provides irrigation to the Common Elements. F. The City will install, operate and maintain the Irrigation System located on the City Park which will be connected by the City to the System, RPZ and Pump operated by the Neighborhood Association. The Distribution System and boulevard landscaping system shall be maintained by the Neighborhood Association. G. The City, as part of the City Park development, will construct, operate and maintain a public dock or pier open to the public which extends into the Lake. H. The City and the Neighborhood Association wish to enter into this Agreement, governing the operation and maintenance of the City Park, the public dock or pier, the Distribution System, and Irrigation System. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Use of Surfacewater. The City hereby acknowledges and agrees that the Neighborhood Association will utilize the surfacewater from the Lake to provide irrigation water to the Distribution System, all in accordance with the terms and conditions of this Agreement. The Distribution System will be installed by the Neighborhood Association and stored within Outlots. Nothing herein shall be construed to restrict any other use of the Outlots in accordance with applicable laws. 2. Duration of Agreement. The term of this Agreement, a period of twenty-five (25) years from the date of execution, subject to extensions and termination as set forth herein. 3. Pumping Requirements. Notwithstanding anything herein to the contrary, the Neighborhood Association shall be required to use the Distribution System and Pump to irrigate the Common Elements with surfacewater from the Lake. The Neighborhood Association and the Townhome Association may only use water from the City’s municipal water supply system for irrigation purposes when the following conditions apply: 1) There is a deficiency with the system RPZ or Pump that causes the Irrigation System to become inoperable. 2) The Lake falls four feet (4’) in elevation from the normal water level (NWL) elevation of 900 feet to an elevation of 896 feet and remains so for at least twenty-four (24) hours. In either of these cases, the Neighborhood Association shall be required to contact the City, in writing, and request the Irrigation System supply be switched to treated drinking water from the City’s municipal water supply system. The City reserves the right to disable the Pump at any time in order to prevent exceedance of the four-foot (4’) Lake reduction. Notwithstanding the foregoing paragraph 4(2), after a period of five (5) years from the execution of this Agreement, both parties will consider and evaluate and negotiate in good faith the matter of whether the four-foot (4’) Lake reduction limitation may be increased or decreased. If the four- foot (4’) Lake reduction limitation is decreased, it may not be decreased by more than two feet (2’). In the event that the Neighborhood Association and the Townhome Association uses treated drinking water from the City’s municipal water supply system for the Irrigation System rather than surfacewater from the Lake, the City shall bill the Neighborhood Association and the Townhome Association at the City’s established water rate during that time period. 5. Irrigation. The Neighborhood Association shall be exempt from any watering restrictions of the City relating to irrigation, provided that the Neighborhood Association are re- using surfacewater via the Distribution System for irrigation purposes. Such exemption shall not apply if the Neighborhood Association is using the City's water supply for irrigation purposes. 6. Maintenance; Dock/Pier. The Neighborhood Association shall allow the City access over the Outlots and other real property owned by the Neighborhood Association as is reasonably needed to inspect the Distribution System and Irrigation System. The Neighborhood Association shall coordinate and perform full-system draining and blow-out for winterization purposes, up to and including the S ystem RPZ and Pump. Maintenance and winterization activities shall include by way of illustration, but not by way of limitation, those in Exhibit B. All maintenance, repair, and replacement of the S ystem RPZ and Pump shall be the responsibility of the Neighborhood Association. Notwithstanding the foregoing, in no event shall the City be responsible for turf degradation, consequential damages, or property damage as a result of water quality or supply issues or otherwise by reason of its provision of or failure to provide the services offered by it under this Agreement. The City shall be solely responsible for maintaining, repairing and replacing the Irrigation System located on the City Park, including all winterization work, and any dock or pier located on the Outlots. In connection with the City’s construction of any dock or pier on the Outlots, the City will not allow any such work to interfere with Watermark development work on adjacent or nearby properties pursuant to that certain Development Agreement for Watermark 4th Addition (the “Development Agreement”), or any approved site plan for the development and any other property subject to the Development Agreement. City will make reasonable efforts to restore the portions of the Outlots impacted by City in the course of constructing any dock or pier on the Outlots. The City’s entry and access to, and use of, the Outlots for inspection purposes or any construction work shall always be subject to the following provisions: (i) the City shall promptly restore any areas disturbed in the course of the City's entry or use thereof, (ii) the City shall maintain, repair and replace any improvements installed by the City at the City’s sole cost and expense, and (iii) the City shall indemnify, defend and hold the Neighborhood Association, the Townhome Association and U.S. Home Corporation harmless from and against any costs, damages, liabilities, losses, expenses, liens or claims (including, without limitation, reasonable attorney’s fees) arising out of or relating to any such access, entry or use thereof, all such obligations shall survive termination or expiration of this Agreement. The City acknowledges that the Lake may have inlet and outlet structures where there may be moving water all year. There may be portions of the Lake that are never frozen. Ice near these areas is thinner and more likely to break. WATER ACTIVITIES IN GENERAL ARE INHERENTLY DANGEROUS. WALKING OR SKATING ON ICE IS INHERENTLY DANGEROUS. ANY PERSON CHOOSING TO ENGAGE IN WATER ACTIVITIES, OR WALK OR SKATE ON THE LAKE IS DOING SO AT HIS OR HER OWN RISK, ASSUMES ALL LIABILITY FOR SUCH ACTIVITY, INCLUDING WITHOUT LIMITATION THE NEGLIGENCE OF OTHER PERSONS, AND AGREES BY THEIR ACTIONS TO INDEMNIFY, DEFEND AND HOLD HARMLESS U.S. HOME CORPORATION, THE NEIGHBORHOOD ASSOCIATION, THE TOWNHOME ASSOCIATION, THEIR BOARD OF DIRECTORS AND ANY MANAGEMENT COMPANY RETAINED BY THEM IN THE EVENT OF INJURY OR DEATH. The water elevations in the Lake will fluctuate widely depending upon rainfall and other weather conditions, and at times there may be no water in the Lake. Neither the Neighborhood Association, nor the Townhome Association, make any representations or warranties about (i) vegetation in or around the Lake, (ii) water quality or clarity, or (iii) the water level or quantity of water in the Lake, all of which will fluctuate from time to time. Nothing herein shall be deemed to be a gift or dedication of any portion of the Outlots to the general public, it being the intention of the parties that this Agreement will be strictly limited to and for the purpose expressed in this Agreement. 7. Startup and Testing. It shall be the Neighborhood Association responsibility to ensure water quality is adequate for irrigation prior to System startup each spring. It shall be the City’s responsibility to ensure water quality is adequate for irrigation for the City Park. The Neighborhood Association shall coordinate Lake water quality sampling and analysis every year between the months of April and May and transmit the results to the City following the City’s request therefor. The water quality parameters shall include, at a minimum, the following: fecal coliforms (E. coli), total coliforms, turbidity, total dissolved solids (TDS), total suspended solids (TSS), pH, chloride, nitrate, total phosphorus, zinc, and copper. Notwithstanding the foregoing paragraph 7, after a period of three (3) years from the execution of this Agreement, both parties will consider and evaluate and negotiate in good faith the matter of whether the Lake water quality results collected to date warrant increasing or decreasing the frequency of water quality sampling and analysis. 8. Equipment Failure. In the event there is a deficiency with the Distribution System RPZ or Pump which causes the Irrigation System to become inoperable, the Neighborhood Association shall correct the deficiency within thirty (30) days after the City gives written notice to the Neighborhood Association specifying the deficiency, or as soon as reasonably possible otherwise. If the Neighborhood Association fails to correct the deficiency within thirty (30) days after the City provides written notice to the Neighborhood Association the City may, without further notice, access the Distribution system to make necessary repairs. The Neighborhood Association shall be billed for labor and material costs associated with the City preforming repairs on the Distribution system and the use of treated drinking water from the City’s municipal water supply system for irrigation during the inoperability. 9. Credits. The Neighborhood Association recognizes the City’s intent to use any excess volume and water quality credits created by the Irrigation System as a means of meeting volume and water quality requirements for City road and other projects under Rice Creek Watershed District stormwater management rules. Notwithstanding the foregoing, the Neighborhood Association has no obligation to create any such excess credits or to operate the Irrigation System in any manner other than in accordance with the requirements of this Agreement. 10. Default. In the event the Neighborhood Association fails or refuses to properly maintain, repair and/or operate the Distribution System as required herein, the Neighborhood Association shall correct the deficiency within thirty (30) days after the City gives written notice to the Neighborhood Association specifying the deficiency, or as soon as reasonably possible otherwise. If the Neighborhood Association fails to correct the deficiency in a timely manner, then the City may, with ten (10) days written notice and without regard to the formalities of Minnesota Statutes Chapter 429, perform such work to maintain, repair, and/or operate the Irrigation System and assess Neighborhood Association for the cost of such work. 11. Extension. Except to the extent otherwise provided in this Agreement following the initial twenty-five (25) year term, this Agreement will be automatically extended for successive one-year periods (subject to the “Termination” section below), on the same terms and conditions as in effect immediately prior to the then-current expiration date, unless either part gives the other notice of non-extension at least three (3) months before the then-current expiration date. 12. Termination. Except as otherwise provided herein, if either party breaches any provision of this agreement and if such breach is not cured within thirty (30) days after receiving written notice thereof, the non-breaching party shall have the non-exclusive right to terminate this agreement thereafter, upon written notice. 13. Miscellaneous. This Agreement contains the entire agreement between the City and the Neighborhood Association regarding the subject matter hereof. This Agreement may be signed in any number of counterparts, each of which shall be considered an original, but which together shall constitute one and the same instrument. This Agreement may be amended only by a written instrument signed by the parties hereto. This Agreement shall run with the land. 14. Authorization. The parties represent and warrant that the undersigned are duly authorized to execute this Agreement and to bind the respective parties to the terms of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. CITY OF LINO LAKES By: Rob Rafferty, Mayor By: Julie Bartell, Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this _____ day of _________, 2021, by Rob Rafferty and Julie Bartell, the Mayor and Clerk of the City of Lino Lakes, a Minnesota municipal corporation, on behalf of the municipal corporation. ________________________________________ Notary Public WATERMARK MASTER HOMEOWNERS' ASSOCIATION By: Carole Toohey, President STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this _____ day of _________, 2021, by Carole Toohey, the President of Watermark Master Homeowners’ Association, a Minnesota non-profit corporation, on behalf of the non-profit corporation. ________________________________________ Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 EXHIBIT A IRRIGATION SYSTEM LOCATON MAP 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 4.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.03.03.03.03.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.03.03.03.03.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 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6.0 6.0 6.0 6.0 6.0 3.0 3.0 3.0 3.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 1.5 3.0 3.0 3.0 3.0 3.0 6.0 3.0 3.0 2.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 "1 411" "1 411" "1 411" 411" 411" "1 411" 411" 211" "1 411" 411" 2" "1 411" "1 411" "1 2" 2" 411"411" "1 "1 "1 411" 411" "1 211" "1 "1 "1 "1 411" "1 411" 411" 411" 211" 211" "1 411" 411" 211" "1 411" 411" "1 "1 "1 411" "1 "1 "1 "1 211" "1 "1 411" 211" "1 411" 211" 2" "1 211" "1 "1 211" "1 411" "1 411" "1 411" "1 411" "1 411" "1 2" "1 411" 211" "1 411" 2" "1 411" "1 211" "1 "1 "1 411" 411" 411" 411" "1 "1 411" 411" "1 411" "1 "1 411" "1 "1 411" "1 2" 211" 411" "1 "1 "1 "1 411" 411" "1 411" "1 411" 411" 211" 411" 211"2" 411" 211" 211" "1 411" 2" "1 "1 "1 411" "1 411""1"1"1 "1 "1"1 "1 "1411" "1 411" "1 "1 "1 "1 "1 "1 "1 "1 2" "1 411""1 "1 "1 "1 411" 411" "1411" "1 "1 411" 2" 411" "1 411" 411" "1 411" "1411" 411" "1 411" "1 411" "1 411" 411" 411"2""1 2""1 "1 211""1 211""1 411" 211" "1 2" 411" "1 211" 2" 411" "1 "1 211" 411" 221" "1 2" 411"211" "1 411"411""1 2" "1 "1 "1 411" 211""1 "1 "1 "1 "1 "1 411" "1 2" 2" "1 "1 "1 "1 "1 "1 411" "1 "1 411" "1 "1 "1 411" "1 2" 2" "1 411" "1 411" 2" 2" 211" 411" 411" 2" 411" "1 411""1 "1 "1 "1 "1 411" 411" 411" "1 "1 411" 411""1 "1 411" "1 411" 411" 211" "1 411" 411" "1 411" 411" 411" 211" 2" 411" 411" 211"2" 211" 221" "1 2"211" 211" "1 "1 411" 411" 411" "1 "1 411" "1 411""1 "1 411" "1 411" 411" 2" 2" 411" 411"411"2" 411"411" "1 "1 211""1 211" "1211" "1 Blow Out Points 411" "1 "1 411" 2" 3.0 3.0 1.5 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 1.5 3.0 3.0 3.0 1.5 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.03.03.0 3.0 3.0 "1 2" "1 411" "1 411"411" "1 "1 411" "1 411" "1 "1 "1 "1 411" "1 "1 411" "1 "1 "1 "1 "1 "1 "1 "1 "1 "1 "1 "1 "1 1.5 3.0 3.0 1.5 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 1.5 1.5 1.5 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 211" "1 411" "1 411" 211" "1 "1 211" "1 "1 411" "1 "1 411" 211" "1 411" "1 411" 411" "1 211" 411" 211" "1 "1 411" "1 "1 411" "1 411" "1 "1 211" "1 "1 411" 411" "1"1 "1 "1 411" 411" 2" 411" 411" "1 "1 "1 "1 "1 "1 "1 "1 "1 "1 411" "1 "1 "1 "1 "1 "1 411" "1 411" "1"1"1 411""1 411" "1 411" "1 "1 411" "1 "1"1 "1 411" "1 211" 2" 3.0 3.0 3.0 3.0 1.5 2.02.01.51.0 "1 "1"1 411" 411" "1 411" 411" "1 411" "1 211" "1 411" "1 "1 "1 "1 "1 411"211" 211" "1 2.0 2.0 2.0 2.0 2.0 "1 "1 411"2" 411" 411" "1 "1 "1 "1 411""1 "1 411" 411" 411" 211"211" "1 411" "1"1 "1 "1 2" "1 "1 "1 2.0 1.5 1.5 1.5 1.5 1.5 1.5 "1 1.5 1.0 1.5 "1 "1 "1"1 211" 411""1 "1 411" "1 "1 "1 411" 2" 411" "1 2" "1 411" "1 411" "1 "1 "1"1"1 411"411" "1 411" "1 "1 "1"1 411" 211" 2" 411""1 "1 "1 "1 411" "1 "1 2" 411" 411" 2" "1"1"1 411"411"411" "1 411""1"1 2.0 2.0 2.0 2.0 3.0 411"411""1 "1 211" 211" 411"411"2" 411"411""1 "1 "1 "1 411""1 3.0 3.0 3.0 3.0 2.0 2.0 2.5 3.0 3.0 3.0 "1 "1 2" "1 2" "1 411" 211" "1 "1 "1 411" 411" 411" "1 2" "1 "1 411"411" 411" "1 "1 "1 411" "1 2" 2" 211" 411" "1 "1 411" "1 "1 411" 2.0 "1 "1 411" "1 "1411" "1"1 2" "1 211"411" "1 "1 411" 211" 2.0 3.0 3.0 "1 "1 411" "1 2" 411""1 411" "1 411" "1 411" "1 "1 "1 411" 211" "1 411" 411" "1 "1 "1 411" "1 "1 411" 411" "1 "1 3.0 "1 411" "1 411" "1 "1 2"411" 411" "1 "1 "1 411" 411" 411" "1 "1 2"2" "1 "1 3.0 3.0 3.0 3.0 3.03.0 1.5 1.5 3.0 3.0 3.0 2.0 2.0 2.0 2.0 2.0 2.0 2.02.0 3.0 "1 411" 411" 211" "1 411" 2" 2" 411" 211" "1 "1 "1 "1 "1 211" 411" "1 211"411" "1 411" 411" "1 "1 "1 "1 411" "1 2" 411"211"211"411" "1 "1 "1 411" "1 411" "1 "1 211"2"211" 211""1 411" "1 411" "1 3.0 3.0 3.0 "1"1 "1 "1 2" "1 411"411" 2" 211" "1 "1 411" "1 211" 3.0 3.0 3.0 3.03.03.0 2.02.0 3.0 3.03.03.0 3.0 3.0 3.0 3.0 3.0 "1 "1 "1 411" "1 411" "1 "1 411" "1 411" 211" 2" 411" "1 411" 411" "1 "1 211" "1 211" "1 411" 2" 2" "1 411" "1 "1 "1 "1"1 2" "1 "1 2" "1 411" 411" 211" 211" 2" 411" 411" 411" 211" "1 "1 "1 411" 411" 3.0 3.0 211" "1 411" 411""1 "1 "1 211" 411" 211" "1 211" 411" "1 411" 411" 2" 211" 411" 411" "1 "1 "1 211" "1 TH-1 16.7112" TH-2 38.7112" TH-3 41.5112" TH-4 19.8112" TH-5 27.8112" TH-6 31.9112" TH-7 32.2112" TH-8 29.6112" TH-9 26.5112" TH-10 41.6112" TH-11 40.9112" TH-12 31.2112" TH-13 32.1112" TH-14 48.4112" TH-15 44.3112" TH-16 35.6112" TH-17 38.7112" TH-18 26.2112" TH-19 42.4112" TH-20 30.2112" TH-21 40.1112" TH-22 35.5112" TH-23 21.4112" TH-24 63.9112" TH-25 64.8112" TH-26 16.1112" TH-27 30.9112"TH-28 20.0112" TH-29 40.0112" TH-30 49.4112" TH-31 51.4112" TH-32 31.7112" TH-33 22.1112" TH-34 38.0112"TH-35 30.4112" TH-36 31.7112"TH-37 27.3112" TH-38 43.2112" TH-39 35.8112" TH-40 46.4112" TH-41 43.1112" TH-42 11.51" TH-43 49.3112" TH-44 53.9112" TH-45 49.6112" TH-46 45.1112" TH-47 48.3112" TH-48 29.5112" TH-49 34.0112" TH-50 37.9112" TH-51 34.7112" TH-52 41.4112" TH-53 25.7112" TH-54 53.4112" TH-55 37.1112" TH-56 51.6112" TH-57 34.1112" TH-58 57.1112" 2" 211" 411" 411" "1 211" 411" 411" "1 "1 "1 411" TH-59 9.851" TH-60 43.6112" TH-61 25.41" NC-1 29.4112" NC-2 48.1112" NC-3 54.1112" NC-4 44.2112" NC-5 61.8112" NC-6 14.81" NC-7 21.1112" "1 2" "1 NC-8 24.6112"NC-9 46.4112" SC-1 46.3112" SC-2 39.8112" SC-3 51.8112" SC-4 51.8112" SC-5 50.9112" SC-6 55.5112" SC-7 54.6112" SC-9 25.91" SC-10 13.81" SC-11 27.7112" SC-12 24.6112" SC-13 18.4112" SC-14 26.1112" SC-15 33.8112" SC-16 24.7112" SC-17 61.4112" SC-18 22.6112" SC-19 18.5112" SC-20 41.0112" SC-21 37.2112" SC-22 40.2112" SC-23 32.3112" SC-24 27.9112" SC-25 33.8112" SC-26 47.9112" SC-27 31.2112" SC-28 44.8112" SC-29 37.1112" SC-30 39.0112" SC-31 41.0112" SC-32 57.2112" SC-33 24.3112" SC-34 25.4112" 211"PAGE 1PAGE 2PAGE 3PAGE 4PAGE 5PAGE 6PAGE 7PAGE 8PAGE 9PAGE 10PAGE 11PAGE 12MATCH-LINE AMATCH-LINE AMATCH-LINE BMATCH-LINE BMATCH-LINE DMATCH-LINE DMATCH-LINE CMATCH-LINE CMATCH-LINE EMATCH-LINE EMATCH-LINE FMATCH-LINE FMATCH-LINE HMATCH-LINE HMATCH-LINE GMATCH-LINE GMATCH-LINE IMATCH-LINE IMATCH-LINE JMATCH-LINE J3.0 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 5/32 5/32 5/32 7/32 7/32 7/32 7/327/327/327/327/327/327/327/327/32 5/32 5/32 5/32 5/325/325/325/325/325/325/325/325/325/325/325/325/325/3211/6411/647/327/32 7/32 11/64 11/6411/6411/6411/6411/6411/64 "1 411" 211" "1 411" 2" "1 411" "1 411" 2" "1 411" "1 411" 2" "1 411" "1 411" 2" "1 411" "1 411" 2" "1 411" "1 411" 2" "1 411" "1 411" 2" "1 411" "1 411" 2" "1 411" "1 411" 2" "1 411" 211" "1 411" 2" "1 411""1 411"2""1 411""12""1"1211""1"1211""1"1211""1411""1411"2""1 411""12" CB-1 48.9112" CB-2 48.9112" CB-3 48.9112" CB-4 48.9112" CB-5 48.9112" CB-6 48.9112" CB-7 48.9112" CB-8 48.9112" CB-9 45.5112" CB-10 48.9112" CB-1148.9112"CB-1235.7112"CB-1326.9112"CB-1426.9112"CB-1527.9112"CB-1642.2112"CB-1738.6112" "1 SC-8 11.71" "1 "1 IRRIGATION SCHEDULE (PS1-CB) Common Berms NC-10 23.6112" NC-11 15.11" NC-12 24.0112" NC-13 29.4112" NC-14 46.7112" NC-15 44.8112" NC-16 48.1112" NC-17 15.51" NC-18 30.1112" NC-19 40.9112" NC-20 22.0112" NC-21 31.3112" NC-22 38.7112" City Water Service Connection. Back up source only.PAGE:DATE: DRAWN BY: DESIGN BY: DESIGN #:SCALE:OFOutdoor Lighting Irrigation Doctor Inc Water Features Installation & Service Design & Consulting Well Construction Consulting www.irrigationdoctor.com Serving Architects, Engineers, Developers, Builders & Homeowners 763-571-7555 Fax 763-571-7008 rholt@irrigationdesigns.com irrigationdesigns com 4-18-19 RH IDI WM426201818NT scaleLino Lakes, MN Watermark Watermark by Lennar homesthis is a large site and is broken up into the following sheetsMaster Grid SheetSymbol Legend sheet12 Sheets labled with Grid and matchlines3 Detail Sheets* it is the responsibility of the contractor to double check the qty's givenin each take off.Generated:2019-02-25 15:59P.O.C. NUMBER: 01Water Source Information: PS-1-CBFLOW AVAILABLECustom Max Flow:150.00 gpmFlow Available:150.00 gpmPRESSURE AVAILABLEStatic Pressure at POC:90.00 psiPressure Available:90.00 psiDESIGN ANALYSISMaximum Multi-valve Flow: 100.00 gpmFlow Available at POC:150.00 gpmResidual Flow Available:50.00 gpmCritical Station:CB-17 Design Pressure:55.00 psi Friction Loss:4.22 psi Fittings Loss:0.42 psi Elevation Loss:0.00 psi Loss through Valve:2.41 psiPressure Req. at Critical Station: 62.06 psiLoss for Fittings:1.55 psiLoss for Main Line:15.49 psiLoss for POC to Valve Elevation: 0.00 psiLoss for Backflow:0.00 psiLoss for Master Valve:3.20 psiCritical Station Pressure at POC: 82.30 psiPressure Available:90.00 psiResidual Pressure Available: 7.70 psiCRITICAL ANALYSIS(PS1-CB)Generated:2019-02-25 16:01P.O.C. NUMBER: 02Water Source Information: Pump Station 2-TownhomesFLOW AVAILABLECustom Max Flow:300.00 gpmFlow Available:300.00 gpmPRESSURE AVAILABLEStatic Pressure at POC:90.00 psiPressure Available:90.00 psiDESIGN ANALYSISMaximum Multi-valve Flow: 200.00 gpmFlow Available at POC:300.00 gpmResidual Flow Available:100.00 gpmCritical Station:TH-46 Design Pressure:45.00 psi Friction Loss:8.12 psi Fittings Loss:0.81 psi Elevation Loss:0.00 psi Loss through Valve:2.20 psiPressure Req. at Critical Station: 56.13 psiLoss for Fittings:1.95 psiLoss for Main Line:19.55 psiLoss for POC to Valve Elevation: 0.00 psiLoss for Backflow:0.00 psiLoss for Master Valve:2.70 psiCritical Station Pressure at POC: 80.33 psiPressure Available:90.00 psiResidual Pressure Available: 9.67 psiCRITICAL ANALYSIS(PS2-TH)Generated:2019-02-25 15:58P.O.C. NUMBER: 03Water Source Information: PS3-North CommonsFLOW AVAILABLECustom Max Flow:150.00 gpmFlow Available:150.00 gpmPRESSURE AVAILABLEStatic Pressure at POC:80.00 psiPressure Available:80.00 psiDESIGN ANALYSISMaximum Multi-valve Flow: 100.00 gpmFlow Available at POC:150.00 gpmResidual Flow Available:50.00 gpmCritical Station:NC-15 Design Pressure:45.00 psi Friction Loss:7.94 psi Fittings Loss:0.79 psi Elevation Loss:0.00 psi Loss through Valve:2.20 psiPressure Req. at Critical Station: 55.94 psiLoss for Fittings:1.28 psiLoss for Main Line:12.85 psiLoss for POC to Valve Elevation: 0.00 psiLoss for Backflow:0.00 psiLoss for Master Valve:3.20 psiCritical Station Pressure at POC: 73.27 psiPressure Available:80.00 psiResidual Pressure Available: 6.73 psiCRITICAL ANALYSIS(PS3-NC)Generated:2019-02-25 16:02P.O.C. NUMBER: 04Water Source Information: PS4-South CommonsFLOW AVAILABLECustom Max Flow:150.00 gpmFlow Available:150.00 gpmPRESSURE AVAILABLEStatic Pressure at POC:90.00 psiPressure Available:90.00 psiDESIGN ANALYSISMaximum Multi-valve Flow: 100.00 gpmFlow Available at POC:150.00 gpmResidual Flow Available:50.00 gpmCritical Station:SC-26 Design Pressure:45.00 psi Friction Loss:6.75 psi Fittings Loss:0.68 psi Elevation Loss:0.00 psi Loss through Valve:2.14 psiPressure Req. at Critical Station: 54.57 psiLoss for Fittings:2.56 psiLoss for Main Line:25.62 psiLoss for POC to Valve Elevation: 0.00 psiLoss for Backflow:0.00 psiLoss for Master Valve:3.20 psiCritical Station Pressure at POC: 85.95 psiPressure Available:90.00 psiResidual Pressure Available: 4.05 psiCRITICAL ANALYSIS (PS4-SC) EXHIBIT B OPERATION AND MAINTENANCE REQUIREMENTS Start-Up • Prior to start-up, staff responsible shall become familiar with all operation and maintenance information provided by the pump manufacturer. • Test the RPZ backflow preventer assembly every year before start-up. • Inspect the pump cart assembly, piping, meters, valves, and fittings and repair defects as necessary. • Coordinate with City staff to open the appropriate valves to allow for surfacewater supply to the irrigation system and to allow air that is entrained in the system to escape. • Address any issues with cavitation, excess vibration, leaks, water quality, or other concerns prior to further operating the system. Pump • Pump system shall automatically maintain the requisite pressure to the irrigation system. • Pump controller shall automatically disable the pump in the event of an alarm condition. • The City reserves the right to disable the pump in order to maintain the agreed-upon Lake • water level. Routine Maintenance Every two (2) Weeks: • Visually inspect Lake water level and water quality. • Visually inspect pump station and vicinity for leaks and signs of vibration or cavitation. • Run each pump to ensure proper operation. Note any abnormal sounds, cavitation, vibration, leaks, or other concerns. • Check for operational codes or alarms on the controller. Annual: • Test the backflow preventers. • Coordinate water quality sampling and analysis. Winterization • Turn off controller and disconnect power. Lock main disconnect with a padlock to ensure power cannot be applied unintentionally. • Close all curb stops and isolation valves and completely drain and blow-out the entire system, including any supply lines. Leave all drain valves open through the winter. • Remove and store pump cart, meters, RPZ backflow preventer assembly, and other miscellaneous equipment in a location where they will not be subjected to freezing. • Perform pump winterization as recommended by the pump manufacturer. • Open any petcocks to allow draining. • Install new corrosion inhibitors in the electrical control panel. • Schedule and preform annual inspection of the RPZ backflow preventer assembly by a licensed mechanical company. CITY OF LINO LAKES RESOLUTION NO. 21-26 RESOLUTION APPROVING WATERMARK STORMWATER RE-USE AGREEMENT WHEREAS, on April 12, 2021 the City Council passed Resolution No. 21-20 approving Watermark 4th Addition PUD Final Plan/Final Plat; and WHEREAS, the approval required the execution of a Stormwater Re-Use 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 Stormwater Re-Use Agreement between US Home Corporation and the City of Lino Lakes for Watermark 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 12th day of April, 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 ______________________________________________________________________________ (Above Space Reserved for Recording Information) STORMWATER RE-USE AGREEMENT (Watermark, Lino Lakes, Minnesota) THIS STORMWATER RE-USE AGREEMENT (this "Agreement") is entered into as of this day of , 2021, by and between the City of Lino Lakes (“City”), a Minnesota municipal corporation, Watermark Master Homeowners Association (“Neighborhood Association”) and Watermark Townhome Homeowners Association (“Townhome Association”). RECITALS A. Surfacewater management systems including a Lake and Ponds ("Lake and Ponds") have been located on property owned by the Neighborhood Association and the Townhome Association and legally described as: Outlots E, G and Outlot J, Watermark, and Outlot D, Watermark 4th Addition, Anoka County, Minnesota (the "Outlots"). B. The Lake and Ponds are encumbered by a public Drainage and Utility easement in favor of the City. C. The City has required that the surfacewater in the Lake and Ponds be used to provide irrigation water to the common elements within the Watermark residential community (the "Common Elements") as identified on Exhibit A attached hereto and incorporated herein, including the townhome area, I-35E berm, and boulevard landscaping. D. A Stormwater Re-Use Distribution System (the "Distribution System"), including without limitation a Stormwater Re-Use Pump and RPZ backflow preventer assembly (the "RPZ and Pump"), have been designed and will be installed by the Neighborhood Association and Townhome Association in locations as generally depicted on Exhibit A attached hereto and incorporated herein, which System, RPZ and Pump will allow stormwater from the Lake and Ponds to be used to provide irrigation water to the Watermark irrigation system (the “Irrigation System”) on the Common Elements as described herein. E. The City and the Neighborhood Association and the Townhome Association wish to enter into this Agreement, governing the installation, use and maintenance of the Distribution System and Irrigation System. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Use of Surfacewater. The City hereby acknowledges and agrees that the Neighborhood Association and the Townhome Association will utilize the stormwater from the Lake and Ponds to provide irrigation water to the Distribution System and Irrigation System, all in accordance with the terms and conditions of this Agreement. The Pump and electrical controls will be installed by the Neighborhood Association and Townhome Association and stored within the property owned by Neighborhood Association or the Townhome Association. Nothing herein shall be construed to restrict any other use of the property owned by Neighborhood Association or the Townhome Association in accordance with applicable laws. 2. Duration of Agreement. The term of this Agreement, a period of twenty-five (25) years from the date of execution, subject to extensions and termination as set forth herein. 3. Pumping Requirements. Notwithstanding anything herein to the contrary, the Neighborhood Association and the Townhome Association shall be required to use the Distribution System to irrigate the Common Elements with surfacewater from the Lake or Pond. The Re-use System and Pump for irrigation of the 1-35E berm shall not be connected to treated drinking water from the City’s municipal water supply. The Neighborhood Association and the Townhome Association may only use water from the City’s municipal water supply system for irrigation purposes (other than for irrigating the I-35E berm) when the following conditions apply: 1) There is a deficiency with the system RPZ or Pump that causes the Irrigation System to become inoperable. 2) The pond falls four feet (4’) in elevation from the normal water level (NWL) elevation of 900 feet to an elevation of 896 feet and remains so for at least twenty-four (24) hours. In either of these cases, the Neighborhood Association and the Townhome Association shall be required to contact the City, in writing, and request the Irrigation System supply be switched to treated drinking water from the City’s municipal water supply system. The City reserves the right to disable the Pump at any time in order to prevent exceedance of the four-foot (4’) pond reduction. Notwithstanding the foregoing paragraph 4(2), after a period of three (3) years from the execution of this Agreement, both parties will consider and evaluate and negotiate in good faith the matter of whether the four-foot (4’) pond reduction limitation may be increased or decreased. If the four- foot (4’) pond reduction limitation is decreased, it may not be decreased by more than two feet (2’). In the event that the Neighborhood Association and the Townhome Association uses treated drinking water from the City’s municipal water supply system for the Irrigation System rather than surfacewater from the Lake or Pond, the City shall bill the Neighborhood Association and the Townhome Association at the City’s established water rate during that time period. 5. Irrigation. The Neighborhood Association and the Townhome Association shall be exempt from any watering restrictions of the City relating to irrigation, provided that the Neighborhood Association and the Townhome Association is re-using surfacewater via the Irrigation System for irrigation purposes. Such exemption shall not apply if the Neighborhood Association and the Townhome Association are using the City's water supply for irrigation purposes. 6. Maintenance. The Neighborhood Association and the Townhome Association shall allow the City access over real property owned by the Neighborhood Association and the Townhome Association as is reasonably needed to inspect the Irrigation System , RPZ and Pump. The Neighborhood Association and the Townhome Association shall coordinate and perform full- system draining and blow-out for winterization purposes, up to and including the S ystem RPZ and Pump. Maintenance and winterization activities shall include by way of illustration, but not by way of limitation, those in Exhibit B. All maintenance, repair, and replacement of the S ystem RPZ and Pump shall be the responsibility of the Neighborhood Association and the Townhome Association. Notwithstanding the foregoing, in no event shall the City be responsible for turf degradation, consequential damages, or property damage as a result of water quality or supply issues or otherwise by reason of its provision of or failure to provide the services offered by it under this Agreement. The City’s entry and access to, and use of, real property owned by the Neighborhood Association or the Townhome Association for inspection purposes or any construction work shall always be subject to the following provisions: (i) the City shall promptly restore any areas disturbed in the course of the City's entry or use thereof, (ii) the City shall maintain, repair and replace any improvements installed by the City at the City’s sole cost and expense, and (iii) the City shall indemnify, defend and hold the Neighborhood Association, the Townhome Association and U.S. Home Corporation harmless from and against any costs, damages, liabilities, losses, expenses, liens or claims (including, without limitation, reasonable attorney’s fees) arising out of or relating to any such access, entry or use thereof, all such obligations shall survive termination or expiration of this Agreement. 7. Startup and Testing. It shall be the Neighborhood Association and the Townhome Association’s responsibility to ensure water quality is adequate for irrigation prior to System startup each spring. The Neighborhood Association and the Townhome Association shall coordinate pond water quality sampling and analysis every year between the months of April and May and transmit the results to the City following the City’s request therefor. The water quality parameters shall include, at a minimum, the following: fecal coliforms (E. coli), total coliforms, turbidity, total dissolved solids (TDS), total suspended solids (TSS), pH, chloride, nitrate, total phosphorus, zinc, and copper. Notwithstanding the foregoing paragraph 7, after a period of three (3) years from the execution of this Agreement, both parties will consider and evaluate and negotiate in good faith the matter of whether the pond water quality results collected to date warrant increasing or decreasing the frequency of water quality sampling and analysis. 8. Equipment Failure. In the event there is a deficiency with the System RPZ or Pump which causes the Irrigation System to become inoperable, the Neighborhood Association and the Townhome Association shall correct the deficiency within thirty (30) days after the City gives written notice to the Neighborhood Association and Townhome Association specifying the deficiency, or as soon as reasonably possible otherwise. If the Neighborhood Association or Townhome Association fails to correct the deficiency within thirty (30) days after the City provides written notice to the Neighborhood Association and Townhome Association the City may, without further notice, access the Distribution system to make necessary repairs. The Neighborhood Association and the Townhome Association shall be billed for labor and material costs associated with the City preforming repairs on the Distribution system and the use of treated drinking water from the City’s municipal water supply system for irrigation during the inoperability. 9. Credits. The Neighborhood Association and the Townhome Association recognizes the City’s intent to use any excess volume and water quality credits created by the Irrigation System as a means of meeting volume and water quality requirements for City road and other projects under Rice Creek Watershed District stormwater management rules. Notwithstanding the foregoing, the Neighborhood Association and the Townhome Association have no obligation to create any such excess credits or to operate the Irrigation System in any manner other than in accordance with the requirements of this Agreement. 10. Default. In the event the Neighborhood Association and the Townhome Association fails or refuses to maintain, repair and/or operate the System as required herein, the Neighborhood Association and the Townhome Association shall correct the deficiency within thirty (30) days after the City gives written notice to the Neighborhood Association and the Townhome Association specifying the deficiency, or as soon as reasonably possible otherwise. If the Neighborhood Association and the Townhome Association fails to correct the deficiency in a timely manner, then the City may, with ten (10) days written notice and without regard to the formalities of Minnesota Statutes Chapter 429, perform such work to maintain, repair, and/or operate the Irrigation System and assess Neighborhood Association and the Townhome Association for the cost of such work. 11. Extension. Except to the extent otherwise provided in this Agreement following the initial twenty-five (25) year term, this Agreement will be automatically extended for successive one-year periods (subject to the “Termination” section below), on the same terms and conditions as in effect immediately prior to the then-current expiration date, unless either part gives the other notice of non-extension at least three (3) months before the then-current expiration date. 12. Termination. If either party breaches any provision of this agreement and if such breach is not cured within thirty (30) days after receiving written notice thereof, the non-breaching party shall have the non-exclusive right to terminate this agreement thereafter, upon written notice. 13. Miscellaneous. This Agreement contains the entire agreement between the City and the Neighborhood Association and the Townhome Association regarding the subject matter hereof. This Agreement may be signed in any number of counterparts, each of which shall be considered an original, but which together shall constitute one and the same instrument. This Agreement may be amended only by a written instrument signed by the parties hereto. This Agreement shall run with the land. 14. Authorization. The parties represent and warrant that the undersigned are duly authorized to execute this Agreement and to bind the respective parties to the terms of this Agreement. [Signature and Acknowledgement Page Follows.] IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. CITY OF LINO LAKES By: Rob Rafferty, Mayor By: Julie Bartell, Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this _____ day of _________, 2021, by Rob Rafferty and Julie Bartell, the Mayor and Clerk of the City of Lino Lakes, a Minnesota municipal corporation, on behalf of the municipal corporation. ________________________________________ Notary Public WATERMARK MASTER HOMEOWNERS' ASSOCIATION By: Carole Toohey, President STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this _____ day of _________, 2021, by Carole Toohey, the President of Watermark Master Homeowners’ Association, a Minnesota non-profit corporation, on behalf of the non-profit corporation. ________________________________________ Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 EXHIBIT A IRRIGATION SYSTEM LOCATION 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 4.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.03.03.03.03.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.03.03.03.03.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.03.03.03.03.03.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 4.0 3.0 2.5 2.5 3.0 3.0 3.0 4.0 4.0 2.5 2.5 2.5 2.5 2.5 4.0 4.0 2.51.5 2.0 2.0 2.0 3.0 5.0 5.0 6.0 6.0 6.0 6.0 6.0 6.0 1.5 3.0 3.0 3.0 3.0 4.0 6.0 6.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 6.0 3.0 6.0 6.0 1.5 3.0 3.0 3.03.03.0 4.0 6.0 6.0 6.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.03.03.03.0 3.03.03.03.03.0 3.03.03.03.03.03.03.03.03.0 3.03.03.03.03.03.0 1.5 3.0 3.0 3.0 3.0 3.0 3.03.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.03.0 3.0 3.0 3.0 3.0 5.0 3.0 3.03.0 3.0 3.0 6.0 6.0 6.0 3.0 3.0 3.0 6.0 6.0 6.0 6.0 6.0 6.0 6.06.0 6.0 1.5 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 1.5 3.0 3.0 3.0 3.0 3.0 3.0 6.0 6.0 6.0 6.0 3.0 1.5 3.0 3.0 3.0 3.0 3.0 3.0 6.0 6.0 6.0 6.0 6.0 3.0 3.0 3.0 3.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 1.5 3.0 3.0 3.0 3.0 3.0 6.0 3.0 3.0 2.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 "1 411" "1 411" "1 411" 411" 411" "1 411" 411" 211" "1 411" 411" 2" "1 411" "1 411" "1 2" 2" 411"411" "1 "1 "1 411" 411" "1 211" "1 "1 "1 "1 411" "1 411" 411" 411" 211" 211" "1 411" 411" 211" "1 411" 411" "1 "1 "1 411" "1 "1 "1 "1 211" "1 "1 411" 211" "1 411" 211" 2" "1 211" "1 "1 211" "1 411" "1 411" "1 411" "1 411" "1 411" "1 2" "1 411" 211" "1 411" 2" "1 411" "1 211" "1 "1 "1 411" 411" 411" 411" "1 "1 411" 411" "1 411" "1 "1 411" "1 "1 411" "1 2" 211" 411" "1 "1 "1 "1 411" 411" "1 411" "1 411" 411" 211" 411" 211"2" 411" 211" 211" "1 411" 2" "1 "1 "1 411" "1 411""1"1"1 "1 "1"1 "1 "1411" "1 411" "1 "1 "1 "1 "1 "1 "1 "1 2" "1 411""1 "1 "1 "1 411" 411" "1411" "1 "1 411" 2" 411" "1 411" 411" "1 411" "1411" 411" "1 411" "1 411" "1 411" 411" 411"2""1 2""1 "1 211""1 211""1 411" 211" "1 2" 411" "1 211" 2" 411" "1 "1 211" 411" 221" "1 2" 411"211" "1 411"411""1 2" "1 "1 "1 411" 211""1 "1 "1 "1 "1 "1 411" "1 2" 2" "1 "1 "1 "1 "1 "1 411" "1 "1 411" "1 "1 "1 411" "1 2" 2" "1 411" "1 411" 2" 2" 211" 411" 411" 2" 411" "1 411""1 "1 "1 "1 "1 411" 411" 411" "1 "1 411" 411""1 "1 411" "1 411" 411" 211" "1 411" 411" "1 411" 411" 411" 211" 2" 411" 411" 211"2" 211" 221" "1 2"211" 211" "1 "1 411" 411" 411" "1 "1 411" "1 411""1 "1 411" "1 411" 411" 2" 2" 411" 411"411"2" 411"411" "1 "1 211""1 211" "1211" "1 Blow Out Points 411" "1 "1 411" 2" 3.0 3.0 1.5 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 1.5 3.0 3.0 3.0 1.5 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.03.03.0 3.0 3.0 "1 2" "1 411" "1 411"411" "1 "1 411" "1 411" "1 "1 "1 "1 411" "1 "1 411" "1 "1 "1 "1 "1 "1 "1 "1 "1 "1 "1 "1 "1 1.5 3.0 3.0 1.5 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 1.5 1.5 1.5 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 211" "1 411" "1 411" 211" "1 "1 211" "1 "1 411" "1 "1 411" 211" "1 411" "1 411" 411" "1 211" 411" 211" "1 "1 411" "1 "1 411" "1 411" "1 "1 211" "1 "1 411" 411" "1"1 "1 "1 411" 411" 2" 411" 411" "1 "1 "1 "1 "1 "1 "1 "1 "1 "1 411" "1 "1 "1 "1 "1 "1 411" "1 411" "1"1"1 411""1 411" "1 411" "1 "1 411" "1 "1"1 "1 411" "1 211" 2" 3.0 3.0 3.0 3.0 1.5 2.02.01.51.0 "1 "1"1 411" 411" "1 411" 411" "1 411" "1 211" "1 411" "1 "1 "1 "1 "1 411"211" 211" "1 2.0 2.0 2.0 2.0 2.0 "1 "1 411"2" 411" 411" "1 "1 "1 "1 411""1 "1 411" 411" 411" 211"211" "1 411" "1"1 "1 "1 2" "1 "1 "1 2.0 1.5 1.5 1.5 1.5 1.5 1.5 "1 1.5 1.0 1.5 "1 "1 "1"1 211" 411""1 "1 411" "1 "1 "1 411" 2" 411" "1 2" "1 411" "1 411" "1 "1 "1"1"1 411"411" "1 411" "1 "1 "1"1 411" 211" 2" 411""1 "1 "1 "1 411" "1 "1 2" 411" 411" 2" "1"1"1 411"411"411" "1 411""1"1 2.0 2.0 2.0 2.0 3.0 411"411""1 "1 211" 211" 411"411"2" 411"411""1 "1 "1 "1 411""1 3.0 3.0 3.0 3.0 2.0 2.0 2.5 3.0 3.0 3.0 "1 "1 2" "1 2" "1 411" 211" "1 "1 "1 411" 411" 411" "1 2" "1 "1 411"411" 411" "1 "1 "1 411" "1 2" 2" 211" 411" "1 "1 411" "1 "1 411" 2.0 "1 "1 411" "1 "1411" "1"1 2" "1 211"411" "1 "1 411" 211" 2.0 3.0 3.0 "1 "1 411" "1 2" 411""1 411" "1 411" "1 411" "1 "1 "1 411" 211" "1 411" 411" "1 "1 "1 411" "1 "1 411" 411" "1 "1 3.0 "1 411" "1 411" "1 "1 2"411" 411" "1 "1 "1 411" 411" 411" "1 "1 2"2" "1 "1 3.0 3.0 3.0 3.0 3.03.0 1.5 1.5 3.0 3.0 3.0 2.0 2.0 2.0 2.0 2.0 2.0 2.02.0 3.0 "1 411" 411" 211" "1 411" 2" 2" 411" 211" "1 "1 "1 "1 "1 211" 411" "1 211"411" "1 411" 411" "1 "1 "1 "1 411" "1 2" 411"211"211"411" "1 "1 "1 411" "1 411" "1 "1 211"2"211" 211""1 411" "1 411" "1 3.0 3.0 3.0 "1"1 "1 "1 2" "1 411"411" 2" 211" "1 "1 411" "1 211" 3.0 3.0 3.0 3.03.03.0 2.02.0 3.0 3.03.03.0 3.0 3.0 3.0 3.0 3.0 "1 "1 "1 411" "1 411" "1 "1 411" "1 411" 211" 2" 411" "1 411" 411" "1 "1 211" "1 211" "1 411" 2" 2" "1 411" "1 "1 "1 "1"1 2" "1 "1 2" "1 411" 411" 211" 211" 2" 411" 411" 411" 211" "1 "1 "1 411" 411" 3.0 3.0 211" "1 411" 411""1 "1 "1 211" 411" 211" "1 211" 411" "1 411" 411" 2" 211" 411" 411" "1 "1 "1 211" "1 TH-1 16.7112" TH-2 38.7112" TH-3 41.5112" TH-4 19.8112" TH-5 27.8112" TH-6 31.9112" TH-7 32.2112" TH-8 29.6112" TH-9 26.5112" TH-10 41.6112" TH-11 40.9112" TH-12 31.2112" TH-13 32.1112" TH-14 48.4112" TH-15 44.3112" TH-16 35.6112" TH-17 38.7112" TH-18 26.2112" TH-19 42.4112" TH-20 30.2112" TH-21 40.1112" TH-22 35.5112" TH-23 21.4112" TH-24 63.9112" TH-25 64.8112" TH-26 16.1112" TH-27 30.9112"TH-28 20.0112" TH-29 40.0112" TH-30 49.4112" TH-31 51.4112" TH-32 31.7112" TH-33 22.1112" TH-34 38.0112"TH-35 30.4112" TH-36 31.7112"TH-37 27.3112" TH-38 43.2112" TH-39 35.8112" TH-40 46.4112" TH-41 43.1112" TH-42 11.51" TH-43 49.3112" TH-44 53.9112" TH-45 49.6112" TH-46 45.1112" TH-47 48.3112" TH-48 29.5112" TH-49 34.0112" TH-50 37.9112" TH-51 34.7112" TH-52 41.4112" TH-53 25.7112" TH-54 53.4112" TH-55 37.1112" TH-56 51.6112" TH-57 34.1112" TH-58 57.1112" 2" 211" 411" 411" "1 211" 411" 411" "1 "1 "1 411" TH-59 9.851" TH-60 43.6112" TH-61 25.41" NC-1 29.4112" NC-2 48.1112" NC-3 54.1112" NC-4 44.2112" NC-5 61.8112" NC-6 14.81" NC-7 21.1112" "1 2" "1 NC-8 24.6112"NC-9 46.4112" SC-1 46.3112" SC-2 39.8112" SC-3 51.8112" SC-4 51.8112" SC-5 50.9112" SC-6 55.5112" SC-7 54.6112" SC-9 25.91" SC-10 13.81" SC-11 27.7112" SC-12 24.6112" SC-13 18.4112" SC-14 26.1112" SC-15 33.8112" SC-16 24.7112" SC-17 61.4112" SC-18 22.6112" SC-19 18.5112" SC-20 41.0112" SC-21 37.2112" SC-22 40.2112" SC-23 32.3112" SC-24 27.9112" SC-25 33.8112" SC-26 47.9112" SC-27 31.2112" SC-28 44.8112" SC-29 37.1112" SC-30 39.0112" SC-31 41.0112" SC-32 57.2112" SC-33 24.3112" SC-34 25.4112" 211"PAGE 1PAGE 2PAGE 3PAGE 4PAGE 5PAGE 6PAGE 7PAGE 8PAGE 9PAGE 10PAGE 11PAGE 12MATCH-LINE AMATCH-LINE AMATCH-LINE BMATCH-LINE BMATCH-LINE DMATCH-LINE DMATCH-LINE CMATCH-LINE CMATCH-LINE EMATCH-LINE EMATCH-LINE FMATCH-LINE FMATCH-LINE HMATCH-LINE HMATCH-LINE GMATCH-LINE GMATCH-LINE IMATCH-LINE IMATCH-LINE JMATCH-LINE J3.0 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 7/32 5/32 5/32 5/32 7/32 7/32 7/32 7/327/327/327/327/327/327/327/327/32 5/32 5/32 5/32 5/325/325/325/325/325/325/325/325/325/325/325/325/325/3211/6411/647/327/32 7/32 11/64 11/6411/6411/6411/6411/6411/64 "1 411" 211" "1 411" 2" "1 411" "1 411" 2" "1 411" "1 411" 2" "1 411" "1 411" 2" "1 411" "1 411" 2" "1 411" "1 411" 2" "1 411" "1 411" 2" "1 411" "1 411" 2" "1 411" "1 411" 2" "1 411" 211" "1 411" 2" "1 411""1 411"2""1 411""12""1"1211""1"1211""1"1211""1411""1411"2""1 411""12" CB-1 48.9112" CB-2 48.9112" CB-3 48.9112" CB-4 48.9112" CB-5 48.9112" CB-6 48.9112" CB-7 48.9112" CB-8 48.9112" CB-9 45.5112" CB-10 48.9112" CB-1148.9112"CB-1235.7112"CB-1326.9112"CB-1426.9112"CB-1527.9112"CB-1642.2112"CB-1738.6112" "1 SC-8 11.71" "1 "1 IRRIGATION SCHEDULE (PS1-CB) Common Berms NC-10 23.6112" NC-11 15.11" NC-12 24.0112" NC-13 29.4112" NC-14 46.7112" NC-15 44.8112" NC-16 48.1112" NC-17 15.51" NC-18 30.1112" NC-19 40.9112" NC-20 22.0112" NC-21 31.3112" NC-22 38.7112" City Water Service Connection. Back up source only.PAGE:DATE: DRAWN BY: DESIGN BY: DESIGN #:SCALE:OFOutdoor Lighting Irrigation Doctor Inc Water Features Installation & Service Design & Consulting Well Construction Consulting www.irrigationdoctor.com Serving Architects, Engineers, Developers, Builders & Homeowners 763-571-7555 Fax 763-571-7008 rholt@irrigationdesigns.com irrigationdesigns com 4-18-19 RH IDI WM426201818NT scaleLino Lakes, MN Watermark Watermark by Lennar homesthis is a large site and is broken up into the following sheetsMaster Grid SheetSymbol Legend sheet12 Sheets labled with Grid and matchlines3 Detail Sheets* it is the responsibility of the contractor to double check the qty's givenin each take off.Generated:2019-02-25 15:59P.O.C. NUMBER: 01Water Source Information: PS-1-CBFLOW AVAILABLECustom Max Flow:150.00 gpmFlow Available:150.00 gpmPRESSURE AVAILABLEStatic Pressure at POC:90.00 psiPressure Available:90.00 psiDESIGN ANALYSISMaximum Multi-valve Flow: 100.00 gpmFlow Available at POC:150.00 gpmResidual Flow Available:50.00 gpmCritical Station:CB-17 Design Pressure:55.00 psi Friction Loss:4.22 psi Fittings Loss:0.42 psi Elevation Loss:0.00 psi Loss through Valve:2.41 psiPressure Req. at Critical Station: 62.06 psiLoss for Fittings:1.55 psiLoss for Main Line:15.49 psiLoss for POC to Valve Elevation: 0.00 psiLoss for Backflow:0.00 psiLoss for Master Valve:3.20 psiCritical Station Pressure at POC: 82.30 psiPressure Available:90.00 psiResidual Pressure Available: 7.70 psiCRITICAL ANALYSIS(PS1-CB)Generated:2019-02-25 16:01P.O.C. NUMBER: 02Water Source Information: Pump Station 2-TownhomesFLOW AVAILABLECustom Max Flow:300.00 gpmFlow Available:300.00 gpmPRESSURE AVAILABLEStatic Pressure at POC:90.00 psiPressure Available:90.00 psiDESIGN ANALYSISMaximum Multi-valve Flow: 200.00 gpmFlow Available at POC:300.00 gpmResidual Flow Available:100.00 gpmCritical Station:TH-46 Design Pressure:45.00 psi Friction Loss:8.12 psi Fittings Loss:0.81 psi Elevation Loss:0.00 psi Loss through Valve:2.20 psiPressure Req. at Critical Station: 56.13 psiLoss for Fittings:1.95 psiLoss for Main Line:19.55 psiLoss for POC to Valve Elevation: 0.00 psiLoss for Backflow:0.00 psiLoss for Master Valve:2.70 psiCritical Station Pressure at POC: 80.33 psiPressure Available:90.00 psiResidual Pressure Available: 9.67 psiCRITICAL ANALYSIS(PS2-TH)Generated:2019-02-25 15:58P.O.C. NUMBER: 03Water Source Information: PS3-North CommonsFLOW AVAILABLECustom Max Flow:150.00 gpmFlow Available:150.00 gpmPRESSURE AVAILABLEStatic Pressure at POC:80.00 psiPressure Available:80.00 psiDESIGN ANALYSISMaximum Multi-valve Flow: 100.00 gpmFlow Available at POC:150.00 gpmResidual Flow Available:50.00 gpmCritical Station:NC-15 Design Pressure:45.00 psi Friction Loss:7.94 psi Fittings Loss:0.79 psi Elevation Loss:0.00 psi Loss through Valve:2.20 psiPressure Req. at Critical Station: 55.94 psiLoss for Fittings:1.28 psiLoss for Main Line:12.85 psiLoss for POC to Valve Elevation: 0.00 psiLoss for Backflow:0.00 psiLoss for Master Valve:3.20 psiCritical Station Pressure at POC: 73.27 psiPressure Available:80.00 psiResidual Pressure Available: 6.73 psiCRITICAL ANALYSIS(PS3-NC)Generated:2019-02-25 16:02P.O.C. NUMBER: 04Water Source Information: PS4-South CommonsFLOW AVAILABLECustom Max Flow:150.00 gpmFlow Available:150.00 gpmPRESSURE AVAILABLEStatic Pressure at POC:90.00 psiPressure Available:90.00 psiDESIGN ANALYSISMaximum Multi-valve Flow: 100.00 gpmFlow Available at POC:150.00 gpmResidual Flow Available:50.00 gpmCritical Station:SC-26 Design Pressure:45.00 psi Friction Loss:6.75 psi Fittings Loss:0.68 psi Elevation Loss:0.00 psi Loss through Valve:2.14 psiPressure Req. at Critical Station: 54.57 psiLoss for Fittings:2.56 psiLoss for Main Line:25.62 psiLoss for POC to Valve Elevation: 0.00 psiLoss for Backflow:0.00 psiLoss for Master Valve:3.20 psiCritical Station Pressure at POC: 85.95 psiPressure Available:90.00 psiResidual Pressure Available: 4.05 psiCRITICAL ANALYSIS (PS4-SC) EXHIBIT B OPERATION AND MAINTENANCE REQUIREMENTS Start-Up • Prior to start-up, staff responsible shall become familiar with all operation and maintenance information provided by the pump manufacturer. • Test the RPZ backflow preventer assembly every year before start-up. • Inspect the pump cart assembly, piping, meters, valves, and fittings and repair defects as necessary. • Coordinate with City staff to open the appropriate valves to allow for stormwater supply to the irrigation system and to allow air that is entrained in the system to escape. • Address any issues with cavitation, excess vibration, leaks, water quality, or other concerns prior to further operating the system. Pump • Pump system shall automatically maintain the requisite pressure to the irrigation system. • Pump controller shall automatically disable the pump in the event of an alarm condition. • The City reserves the right to disable the pump in order to maintain the agreed-upon pond water level. Routine Maintenance Every two (2) Weeks: • Visually inspect pond water level and water quality. • Visually inspect pump station and vicinity for leaks and signs of vibration or cavitation. • Run each pump to ensure proper operation. Note any abnormal sounds, cavitation, vibration, leaks, or other concerns. • Check for operational codes or alarms on the controller. Annual: • Test the backflow preventers. • Coordinate water quality sampling and analysis. Winterization • Turn off controller and disconnect power. Lock main disconnect with a padlock to ensure power cannot be applied unintentionally. • Close all curb stops and isolation valves and completely drain and blow-out the entire system, including any supply lines. Leave all drain valves open through the winter. • Remove and store pump cart, meters, RPZ backflow preventer assembly, and other miscellaneous equipment in a location where they will not be subjected to freezing. • Perform pump winterization as recommended by the pump manufacturer. • Open any petcocks to allow draining. • Install new corrosion inhibitors in the electrical control panel. • Schedule and preform annual inspection of the RPZ backflow preventer assembly by a licensed mechanical company. Watermark 4th Addition City Council April 12, 2021 1 Land Use Application•Watermark 4th Addition •PUD Final Plan •Final Plat •91 SF lots •1 lot HOA clubhouse •5 outlots 2 3 4 Grading Plan •Phase I = 140 acres •Phase II = 20 acres •Phase III = 212 acres •balance of site Architectural Standards•Res No 17-133 detailed arch design standards for Watermark •Exterior materials & styles and House elevations •Garage and porch requirements •Watermark 4th Addition Home Plans booklet •Architectural Standards Matrix •20 different single family house plans •Combination of over 100 different elevations and floor plans •Color packages and anti-monotony are submitted with BP 5 6 Landscaping Plan •Consistent with PUD Development Stage Plan •Protected Open Space Area signage Plat Phases 7 Addition # SF Lots Remaining #SF Lots # TH Lots Remaining #TH Lots Total # Lots Remaining 692 172 864 1st 100 592 93 79 671 2nd 57 535 0 79 614 3rd 96 439 79 0 439 4th 91 348 0 0 348 8•91 SF lots •Lot 1, Block 3 = future HOA clubhouse •5 outlots 9 Outlot Purpose A Lake 10, Wetland and Open Space B Lake 10 and Open Space C Public Park D Lake 20 and Open Space E Future Development 10 Watermark Way •2nd access of 20th Avenue (CSAH 54) •Main gateway & entrance into development •Leads to Public Park •HOA Clubhouse 11 •Monument signs •Landscaped medians •Decorative crossing •Stone piers 12 Park Dedication •Trail construction-2,900 lf •Credit for Public Parkland •TH Tot Lot Construction in 2021 Watermark 4th Addition Total # Units =91 x Park Dedication Fee $3,160 = Cash in Lieu Value $287,560 -Land dedication value (Outlot C, Watermark 4th)($207,000) -Trail Construction Costs ($120,000) TOTAL CASH FEE DUE =($39,440) 13 Public Park Master Plan Concept •Outlot C •5.39 acre public park •Developed by City 14 HOA Clubhouse •Lot 1, Block 3 •Per MDA, developer will construct after 518 lots platted •516 lots currently platted •348 lots remaining to plat 15 Wetlands •2015: wetlands delineated •Small, low quality pockets of wetlands •Original mitigation plan to buy credits 16 Wetlands •Revised mitigation plan •Onsite restoration and creation •Consistent with Parks & Open Space •Establish greenway corridor Development Agreements•Master Development Agreement •Covers entire 372 acre site •Lennar, Mattamy Homes and City are parties •Details terms establishing overall Watermark development •Development Agreement and PUD Agreement •Standard DA specific to each addition 17 Water Re -Use Agreements•City Park Operations and Maintenance •City Park and Watermark Way boulevard will be irrigated with water from stormwater re-use system •Re-use system will be owned and maintained by Watermark HOA •This Agreement provides the City rights to use the re-use system and Lake 20 •Municipal water supply can be used if lake level drops below 4ft •Stormwater Re-Use Agreement and Stormwater Re-Use Agreement •3 other re-use systems will irrigate townhome area, I-35E berm and 21st Ave boulevard. •Re-Use system will be owned and maintained by Watermark HOA •Municipal water supply can be used if lake level drops below 4ft 18 HOA Documents•City Attorney reviewed and approved the HOA documents 19 PUD Final Plan/Final Plat •PUD Final Plan is consistent with the PUD Development Stage Plan in regards to: •land use plan •street •utilities •parks and open space •lot standards •Landscaping •Final Plat is consistent with Preliminary Plat 20 Recommendation •Planning & Zoning Board reviewed the Watermark 4th Addition PUD Final Plan/Final Plat on January 13, 2021 •Recommended approval with a 5-0 vote. •Staff recommends approval of the Watermark 4th Addition PUD Final Plan/Final Plat subject to conditions listed in the resolutions 21 Council Considerationi. Consider Resolution No. 21-20 Approving PUD Final Plan/Final Plat ii. Consider Resolution No. 21-21 Approving Development Agreement and Planned Unit Development Agreement iii. Consider Resolution No. 21-25 Approving City Park Operations and Maintenance and Stormwater Re-Use Agreement iv. Consider Resolution No. 21-26 Approving Stormwater Re-Use Agreement 22 1 CITY COUNCIL AGENDA ITEM 6B STAFF ORIGINATOR: Diane Hankee PE, City Engineer MEETING DATE: April 12, 2021 TOPIC: Consider Resolution No. 21-30 Approving Consent to Environmental Covenant and Easement, Lino Lakes Mini Storage VOTE REQUIRED: 4/5 INTRODUCTION Staff is requesting City Council consideration of Resolution No. 21-30 Approving Consent to Environmental Covenant and Easement document for the Lino Lakes Mini Storage project. BACKGROUND On September 10, 2018, the City Council approved the site improvements and Conditional Use Permit for the Lino Lakes Mini Storage project. The project site was identified to have buried debris possibly containing the hazardous materials asbestos and PCB. As a result, the site has been improved under the regulations of the Minnesota Pollution Control Agency (MPCA). A MPCA approved Response Action has been prepared for the site. In addition, the MPCA requires the owner to enter into an Environmental Covenant and Easement Agreement with their agency to maintain environmental restrictions. Restrictions include the land use and a mediation plan if hazardous material is uncovered during construction. The City of Lino Lakes holds a Drainage and Utility easement over the westerly portion of this site. The restricted area overlaps the City’s easement area and the City is asked to consent to Environment Covenant restriction in the overlapping area. Staff has reviewed the request and supports the Environmental Covenant as it restricts alterations that could lead to contamination and provides a means to address future development of this site. RECOMMENDATION Staff is recommending approval of Resolution No. 21-30 Approving Consent to Environmental Covenant and Easement document for the Lino Lakes Mini Storage project. ATTACHMENTS 1. Resolution 21-30 2. Consent to Environmental Covenant and Easement 3. Drainage and Utility Easement Exhibit 4. Environmental Covenant Area Exhibit CITY OF LINO LAKES RESOLUTION NO. 21-30 RESOLUTION APPROVING CONSENT TO ENVIRONMENTAL COVENANT AND EASEMENT, LINO LAKES MINI STORAGE (440 PARK COURT) WHEREAS, on September 10, 2018, the City approved the site improvements and Conditional Use Permit for the Lino Lakes Mini Storage project at 440 Park Ct; and WHEREAS, the project site was identified to have buried debris possibly containing the hazardous materials, and WHEREAS, the site has been improved under the regulations of the Minnesota Pollution Control Agency (MPCA). A MPCA approved Response Action has been prepared for the site, and WHEREAS, the MPCA requires the owner, Lariat Companies, Inc., to enter into an Environmental Covenant and Easement Agreement with their agency to maintain environmental restrictions; and WHEREAS, the City of Lino Lakes holds a Drainage and Utility easement over the westerly portion of this site. The restricted area overlaps the City’s easement area, and the City is asked to consent to the Environment Covenant restriction in the overlapping area. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes Consents to the Environmental Covenant and Easement. Adopted by the Council of the City of Lino Lakes this 12th day of April, 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 CONSENT TO ENVIRONMENTAL COVENANT AND EASEMENT The City of Lino Lakes, a municipal corporation under the laws of Minnesota, hereby consents to the foregoing Environmental Covenant and Easement and subordinates to such Environmental Covenant and Easement the rights of the City of Lino Lakes under that certain Permanent Drainage & Utility Easement dated January 15, 2019, that was executed by Lino Lakes Mini-Storage, LLC and was recorded on January 16, 2019, as Document No. 2218599.007 in the Anoka County Recorder’s Office. CITY OF LINO LAKES By: ________________________________ Mayor ATTEST: By: ________________________________ City Clerk STATE OF MINNESOTA) ) ss. COUNTY OF ANOKA) The foregoing instrument was executed and acknowledged before me this ____ day of __________________________, 2021, by ___________________________ as Mayor of the City of Lino Lakes on behalf of said City. __________________________________________ Notary Public STATE OF MINNESOTA) ) ss. COUNTY OF ANOKA) The foregoing instrument was executed and acknowledged before me this ____ day of __________________________, 2021, by ______________________________ as City Clerk of the City of Lino Lakes on behalf of said City. __________________________________________ Notary Public RESTRICTEDAREA PARK COURT LAKE DRIVEProject No: B2003253 Drawn By: Date Drawn: Checked By: Last Modified: 7/22/20 Drawing No: F:\2020\B2003253\CAD\B2003253.dwg,Att 2,7/22/2020 3:43:21 PM B2003253 JAG 7/21/20 JJK Mini Storage Facility 440 Park Court Lino Lakes, Minnesota Site Sketch Attachment 2 0 SCALE:1"= 120' 120'60' N Exhibit 2 1 CITY COUNCIL AGENDA ITEM 6C STAFF ORIGINATOR: Diane Hankee, City Engineer MEETING DATE: April 12, 2021 TOPIC: 7869 Meadow View Trail Right-of-Way and Drainage and Utility Easement Vacation i) Consider 2nd Reading of Ordinance No. 02-21, Vacating Right-of-Way and Drainage & Utility Easement, Lot 1, Block 4, Mar Don Acres *Council may vote to dispense with the full reading of the ordinance *Roll call vote is required for adoption of the ordinance ii) Consider Resolution No. 21-31, Approving Summary Publication of Ordinance No. 02-21 VOTE REQUIRED: 4/5 INTRODUCTION Staff is requesting City Council consideration of the 2nd Reading of Ordinance No. 02-21, vacating Right-of-Way and Drainage and Utility easement, Lot 1, Block 4, Mar Don Acres. BACKGROUND 7869 Meadow View Trail is a residential parcel located on the west side of Meadow View Trail and the south side of Lois Lane. The property owners, George and Jenelle Slater, have submitted a land use application requesting the vacation of a portion of the Lois Lane right-of- way and the vacation of a drainage easement on the property. The right-of-way and drainage and utility easement were dedicated to the City of Lino Lakes in 1978 with the Mar Don Acres plat. At the time of the plat, Lois Lane ended in a cul-de-sac on the north side of 7869 Meadow View Trail. The current owners, George and Jenelle Slater, would like the right-of-way originally platted to encompass the cul-de-sac to be vacated now that Lois Lane extends to the west. The applicant is requesting that the portion of the drainage easement adjacent to the right-of-way also be vacated. The proposed right-of-way and easement vacation does not impact City roadway, utilities or drainage. The Street Vacation Exhibit prepared by E.G. Rud & Sons, Inc. and received on February 10, 2021, details the proposed right-of-way and drainage and utility area to be vacated. Concurrent 2 to the vacation process, the applicant will be required to record a city standard 10-ft drainage and utility easement. The first reading of the ordinance occurred on March 22, 2021. RECOMMENDATION Staff is recommending approval of the 2nd Reading of Ordinance No. 02-21 Vacating Right-of- Way and Drainage & Utility Easements, Lot 1, Block 4, Mar Don Acres, and approval of Resolution No. 21-31, Approving Summary Publication of Ordinance No. 02-21. ATTACHMENTS 1. Ordinance No. 02-21 2. Street Vacation Exhibit 3. Resolution 21-31 1 1st Reading: 3/22/2021 Publication: 2nd Reading: 4/12/2021 Effective: CITY OF LINO LAKES ORDINANCE NO. 02-21 ORDINANCE VACATING RIGHT-OF-WAY AND DRAINAGE AND UTILITY EASEMENT (Lot 1, Block 4, Mar Don Acres) The City Council of Lino Lakes ordains: Section 1: Findings of Fact 1. The City Council of Lino Lakes has determined to vacate a portion of the Lois Lane street right-of-way dedicated over, under, and across Lot 1, Block 4, MAR DON ACRES, as shown in Exhibit A and legally described as follows: That part of Lois Lane as dedicated on the plat of Mar Don Acres, Anoka County, Minnesota, which lies southerly of the westerly extension of the most northerly line of Lot 1, Block 4 said Mar Don Acres; and 2. The City Council of Lino Lakes has determined to vacate a portion of the drainage and utility easement dedicated over, under, and across Lot 1, Block 4, MAR DON ACRES, as shown in Exhibit A and legally described as follows: That portion of the drainage and utility easement as dedicated on Lot 1, Block 4, Mar Don Acres, Anoka County, Minnesota, which adjoins and lies southerly of the 60 foot radius right of way for Lois Lane, as dedicated on said plat of Mar Don Acres, except the westerly 10 feet thereof.; and 3. A public hearing was held on March 22, 2021 before the City Council in the City Hall Council Chambers after due published and posted notice had been given and reasonable attempts were made to give personal notice to all affected property owners, and all persons interested were given an opportunity to be heard; and 4. It appears to be in the best interest of the City to vacate such street right-of-way and drainage and utility easements; and 5. The Right-of-Way and Drainage and Utility Easement Vacation shall be recorded through Anoka County Recorder’s Office; and 6. Four-fifths of all members of the City Council concur with this ordinance. 2 Section 2: Easement Vacated The right-of-way and drainage and utility easement described herein is hereby vacated. Section 3: Effect This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter and upon filing of the Right-of-Way and Drainage and Utility Easement Vacation for Lot 1, Block 4, MAR DON ACRES. Adopted by the Lino Lakes City Council this 12th day of April, 2021. The motion for the adoption of the foregoing ordinance was introduced by Council Member_____________ and was duly seconded by Council Member ___________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: ____________________________ Rob Rafferty, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk CITY OF LINO LAKES RESOLUTION NO. 21-31 APPROVING A SUMMARY OF ORDINANCE NO. 02-21 FOR PUBLICATION WHEREAS, the City Council approved Ordinance No. 02-21, vacating a portion of the right-of- way and drainage & utility easement on Lot 1, Block 4, Mar Don Acres; and WHEREAS, the City Council approved the first reading on March 22, 2021, and the second reading and final passage on April 12, 2021; and WHEREAS, Ordinance No. 02-21 is lengthy and MN statute 412.191 allows the city to publish a summary of an ordinance, and WHEREAS, the City Council has determined that the summary clearly informs the public of the intent and effect of the ordinance, and WHEREAS, the publication in the official newspaper will include a notice that a full printed copy of the ordinance is available at City Hall. NOW, THEREFORE, BE IT FURTHER RESOLVED by The City Council of The City of Lino Lakes, Minnesota that the City Council approves the summary in Attachment A for publication according to state law and the City Charter. Adopted by the Council of the City of Lino Lakes this 12th day of April, 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 ATTACHMENT A CITY OF LINO LAKES SUMMARY OF ORDINANCE NO. 02-21 AN ORDINANCE VACATING RIGHT-OF-WAY AND DRAINAGE AND UTILITY EASEMENT Section 1: Findings The City Council of Lino Lakes has determined to vacate a portion of the drainage and utility easement dedicated over, under, and across Lot 1, Block 4, Mar Don Acres; and A public hearing was held on March 22, 2021 before the City Council in the City Hall Council Chambers after due published and posted notice had been given and a reasonable attempts were made to give personal notice to all affected property owners, and all persons interested were given an opportunity to be heard; and Section 3: Effect This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter and upon recording of the Right-of-Way and Drainage and Utility Easement Vacation. Passed by the Lino Lakes City Council on April 12, 2021. This is a summary of the adopted ordinance. A full printed copy of the ordinance is available at City Hall.