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Home My WebLink About08-10-2020 Council PacketEXPANDED AGENDA CITY COUNCIL AGENDA Monday, August 10, 2020 *********** 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 CITY COUNCIL MEETING, 6:30 P.M.  Call to Order and Roll Call - Councilmembers Stoesz, Lyden, Ruhland, Cavegn and Mayor Rafferty were present  Pledge of Allegiance  Open Mike / Public Comment (in person or received in writing prior to meeting)  Setting the Agenda: Addition or Deletion of Agenda Items The agenda was approved as presented 1. CONSENT AGENDA A) Consideration of Expenditures: i. August 10, 2020 (Check No. 112641 through 112737) in the amount of $844,967.18 B) Consider Approval of July 27, 2020 Council Meeting Minutes C) Consider Approval of July 27, 2020 Council Work Session Minutes D) Consider Resolution No. 20-88 approving Amended and Restated Declaration for Maintenance of Stormwater Management Facilities Woods Edge Townhome Association, Inc., Michael Grochala E) Consider Approval of Pay Request No. 5, Water Tower No. 3, Michael Grochala Action Taken: Motion by Stoesz, seconded by Ruhland,, to approve Consent Agenda Items 1A and 1E as presented was adopted 2. FINANCE DEPARTMENT REPORT No report 3. ADMINISTRATION DEPARTMENT REPORT A) Consider Resolution 20-87 Amending the Personnel Policy, Karissa Bartholomew Action Taken: Motion by Stoesz, seconded by Lyden, to approve the amendment as recommended, was adopted Council Agenda -2- August 10, 2020 B) Consider Appointment of Accounts Payable/ Payroll Technician, Karissa Bartholomew Action Taken: Motion by Cavegn, seconded by Ruhland, to approve the appointment of Emily Ahern as recommended, was adopted C) Consider Appointment of Streets Maintenance Worker, Karissa Bartholomew Action Taken: Motion by Ruhland, seconded by Lyden, to approve the appointment of Erik Olson as recommended, was adopted 4. PUBLIC SAFETY DEPARTMENT REPORT A) City of Hugo Fire Aid Agreement, John Swenson Action Taken: Motion by Lyden, seconded by Stoesz, to authorize executionof the agreement as recommended, was adopted 5. PUBLIC SERVICES DEPARTMENT REPORT A) Consider Resolution No. 20-90 Approving HVAC/Plumbing Improvements Eligible for CARES Act Funding Reimbursement , Justin Williams Action Taken: Motion by Ruhland, seconded by Cavegn, to approve Resolution No. 20-90 as presented, was adopted 6. COMMUNITY DEVELOPMENT REPORT A) Nature’s Refuge, Katie Larsen i. Consider Resolution No. 20-81 approving PUD Final Plan/Final Plat ii. Consider Resolution No. 20-82 approving Development Agreement B) Nadeau Acres, Katie Larsen i. Consider Resolution No. 20-83, Approving Final Plat Action Taken: Motion by Ruhland, seconded by Stoesz, to approve Resolution No. 20-83 as presented, was adopted (Lyden – Nay) ii. Consider Resolution No. 20-84, Approving Development Agreement Action Taken: Motion by Ruhland, seconded by Stoesz, to approve Resolution No. 20-83 as presented, was adopted (Lyden – Nay) C) Consider Resolution No. 20-89, Approving Release of Security and Escrow, St. Clair Estates, Michael Grochala Action Taken: Motion by Lyden, seconded by Stoesz, to approve Resolution No. 20-83 as presented, was adopted 7. UNFINISHED BUSINESS None Council Agenda -3- August 10, 2020 8. NEW BUSINESS None Adjournment Following adjournment of the regular meeting, the Council will reconvene for a closed meeting to discuss labor negotiations Community Calendar – A Look Ahead August 10, 2020 through August 24, 2020 Wednesday, August 12 6:30 pm, Zoom Mtg. Planning & Zoning Board Wednesday, August 19 6:00 pm, Council Chambers Special Wk Session- Budget Monday, August 24 6:00 pm, Council Chambers Council Work Session Monday, August 24 6:30 pm, Council Chambers City Council Meeting CITY COUNCIL AGENDA Monday, August 10, 2020 *********** 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 CITY COUNCIL MEETING, 6:30 P.M.  Call to Order and Roll Call  Pledge of Allegiance  Open Mike / Public Comment  Setting the Agenda: Addition or Deletion of Agenda Items 1. CONSENT AGENDA A) Consideration of Expenditures: i. August 10, 2020 (Check No. 112641 through 112737) in the amount of $844,967.18 B) Consider Approval of July 27, 2020 Council Meeting Minutes C) Consider Approval of July 27, 2020 Council Work Session Minutes D) Consider Resolution No. 20-88 approving Amended and Restated Declaration for Maintenance of Stormwater Management Facilities Woods Edge Townhome Association, Inc., Michael Grochala E) Consider Approval of Pay Request No. 5, Water Tower No. 3, Michael Grochala 2. FINANCE DEPARTMENT REPORT No report 3. ADMINISTRATION DEPARTMENT REPORT A) Consider Resolution 20-87 Amending the Personnel Policy, Karissa Bartholomew B) Consider Appointment of Accounts Payable/ Payroll Technician, Karissa Bartholomew C) Consider Appointment of Streets Maintenance Worker, Karissa Bartholomew To Follow 4. PUBLIC SAFETY DEPARTMENT REPORT A) City of Hugo Fire Aid Agreement, John Swenson Council Agenda -2- August 10, 2020 5. PUBLIC SERVICES DEPARTMENT REPORT A) Consider Resolution No. 20-90 Approving HVAC/Plumbing Improvements Eligible for CARES Act Funding Reimbursement, Justin Williams 6. COMMUNITY DEVELOPMENT REPORT A) Nature’s Refuge, Katie Larsen i. Consider Resolution No. 20-81 approving PUD Final Plan/Final Plat ii. Consider Resolution No. 20-82 approving Development Agreement B) Nadeau Acres, Katie Larsen i. Consider Resolution No. 20-83, Approving Final Plat ii. Consider Resolution No. 20-84, Approving Development Agreement C) Consider Resolution No. 20-89, Approving Release of Security and Escrow, St. Clair Estates, Michael Grochala 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Following adjournment of the regular meeting, the Council will reconvene for a closed meeting to discuss labor negotiations Community Calendar – A Look Ahead August 10, 2020 through August 24, 2020 Wednesday, August 12 6:30 pm, Zoom Mtg. Planning & Zoning Board Wednesday, August 19 6:00 pm, Council Chambers Special Wk Session- Budget Monday, August 24 6:00 pm, Council Chambers Council Work Session Monday, August 24 6:30 pm, Council Chambers City Council Meeting Expenditures August 10, 2020 Check #112641 to #112737 $844,967.18 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 08/10/2020 City Council Meeting Vendor Fund/Dept Account Amount Check # Description Central Pension Fund 101-000 101-000-2040-000 3,600.00 112641 July Central Pension Fund Delta Dental of Minnesota 101-000 101-000-2040-000 1,021.00 112669 Dental Insurance Premiums Fidelity Security Life Insurance Co. 101-000 101-000-2040-000 62.11 112674 August Vision Insurance Lincoln National Life Ins Co 101-000 101-000-2040-000 -58.50 112695 Life Insurance Premiums Lincoln National Life Ins Co 101-000 101-000-2040-000 1,095.01 112695 Life Insurance Premiums Medica 101-000 101-000-2040-000 10,235.11 112699 Health Insurance Premiums NCPERS Group Life Insurance 101-000 101-000-2040-000 288.00 112643 Life Insurance Premiums Medica 101-000 101-000-2041-000 9,012.36 112699 Health Insurance Premiums Delta Dental of Minnesota 101-000 101-000-2044-000 1,201.00 112669 Dental Insurance Premiums Fidelity Security Life Insurance Co. 101-000 101-000-2048-000 105.56 112674 August Vision Insurance Anoka County Property Records & Taxation 101-000 101-000-2081-000 46.00 112653 Easement Encroachment - 6575 Enid Trl Anoka County Property Records & Taxation 101-000 101-000-2081-000 46.00 112653 Easement Encroachment - 7299 Heather Ct Anoka County Property Records & Taxation 101-000 101-000-2081-000 46.00 112653 Easement Encroachment - 6570 Enid Trl Anoka County Property Records & Taxation 101-000 101-000-2081-000 46.00 112653 Agreement - 970 Pheasant Run Anoka County Property Records & Taxation 101-000 101-000-2081-000 46.00 112653 Agreement - 110 Robinson Dr Anoka County Property Records & Taxation 101-000 101-000-2081-000 46.00 112653 Agreement - 2032 Red Oak Ln Anoka County Property Records & Taxation 101-000 101-000-2081-000 46.00 112653 Easement Encroachment - 576 Arlo Ln Anoka County Property Records & Taxation 101-000 101-000-2081-000 46.00 112653 Easement Encroachment - 7280 Meadow Ct Anoka County Property Records & Taxation 101-000 101-000-2081-000 46.00 112653 Easement Encroachment - 1150 Hudson Anoka County Property Records & Taxation 101-000 101-000-2081-000 46.00 112653 Easement Encroachment - 386 Linda Ln Anoka County Property Records & Taxation 101-000 101-000-2081-000 46.00 112653 Easement Encroachment - 2106 Cypress St St. Joseph of the Lakes Catholic Church 101-000 101-000-3219-000 85.00 112721 Reimbursement for Cabaret and 1-4 Day Temp Liquor License Lincoln National Life Ins Co 101-000 101-000-3416-000 0.14 112695 Life Insurance Premiums 101-000 Total 27,152.79 Erickson Marsha 101-401 101-401-4343-000 1,280.00 112673 Lino Lakes 2020 Fall Newsletter - 16 pages 101-401 Total 1,280.00 Medica 101-402 101-402-4131-000 538.42 112699 Health Insurance Premiums Lincoln National Life Ins Co 101-402 101-402-4133-000 152.30 112694 Disability Insurance Premiums Lincoln National Life Ins Co 101-402 101-402-4133-000 12.72 112695 Life Insurance Premiums Delta Dental of Minnesota 101-402 101-402-4134-000 176.40 112669 Dental Insurance Premiums Occupational Health Centers of MN P.C. 101-402 101-402-4300-000 68.50 112707 Random DOT Testing Kennedy & Graven Chartered 101-402 101-402-4310-000 94.00 112688 Lino Lakes Officer 299A Claim Rupp Anderson Squires & Waldspurger P.A. 101-402 101-402-4310-000 20,761.80 112717 May Arbitration Shred-it c/o Stericycle Inc. 101-402 101-402-4410-000 24.07 112719 Shredding services 101-402 Total 21,828.21 Medica 101-407 101-407-4131-000 1,662.57 112699 Health Insurance Premiums Lincoln National Life Ins Co 101-407 101-407-4133-000 -11.58 112694 Disability Insurance Premiums Lincoln National Life Ins Co 101-407 101-407-4133-000 -0.22 112695 Life Insurance Premiums Delta Dental of Minnesota 101-407 101-407-4134-000 66.14 112669 Dental Insurance Premiums City of Roseville 101-407 101-407-4310-000 600.00 112663 IT Software Support 101-407 Total 2,316.91 Rupp Anderson Squires & Waldspurger P.A. 101-414 101-414-4301-000 2,720.00 112717 May legal GDO Law 101-414 101-414-4303-000 105.00 112678 July Legal Forfeitures GDO Law 101-414 101-414-4303-000 8,500.00 112678 July Legal Prosecutor Contract 101-414 Total 11,325.00 MN Metro North Tourism Board 101-415 101-415-4900-000 2,340.00 112706 June Tourism Tax 101-415 Total 2,340.00 Medica 101-416 101-416-4131-000 538.43 112699 Health Insurance Premiums Lincoln National Life Ins Co 101-416 101-416-4133-000 25.19 112694 Disability Insurance Premiums Lincoln National Life Ins Co 101-416 101-416-4133-000 2.25 112695 Life Insurance Premiums Delta Dental of Minnesota 101-416 101-416-4134-000 44.10 112669 Dental Insurance Premiums 101-416 Total 609.97 WSB & Associates Inc. 101-417 101-417-4300-000 567.00 112733 June 2020 Private Utility Permits WSB & Associates Inc. 101-417 101-417-4300-000 400.50 112733 June Fire Station Mitigation Monitoring WSB & Associates Inc. 101-417 101-417-4300-000 1,782.00 112733 June Miscellaneous Escrow Account WSB & Associates Inc. 101-417 101-417-4300-000 283.50 112733 June 2020 MS4 Services WSB & Associates Inc. 101-417 101-417-4410-000 5,180.00 112733 June 2020 General Engineering Services 101-417 Total 8,213.00 Medica 101-418 101-418-4131-000 538.42 112699 Health Insurance Premiums Lincoln National Life Ins Co 101-418 101-418-4133-000 43.08 112694 Disability Insurance Premiums Lincoln National Life Ins Co 101-418 101-418-4133-000 4.50 112695 Life Insurance Premiums Delta Dental of Minnesota 101-418 101-418-4134-000 44.10 112669 Dental Insurance Premiums 101-418 Total 630.10 Medica 101-420 101-420-4131-000 18,399.29 112699 Health Insurance Premiums Page 1 AP Checks by Account Number 08/10/2020 City Council Meeting Vendor Fund/Dept Account Amount Check # Description Lincoln National Life Ins Co 101-420 101-420-4133-000 653.89 112694 Disability Insurance Premiums Lincoln National Life Ins Co 101-420 101-420-4133-000 66.48 112695 Life Insurance Premiums Delta Dental of Minnesota 101-420 101-420-4134-000 862.14 112669 Dental Insurance Premiums Aspen Mills Inc. 101-420 101-420-4370-000 96.85 112655 Equipment Replacement Aspen Mills Inc. 101-420 101-420-4370-000 328.95 112655 Uniform Allowance - Swenson Aspen Mills Inc. 101-420 101-420-4370-000 849.00 112655 Body Armor - Swenson Aspen Mills Inc. 101-420 101-420-4370-000 177.50 112655 New Hire Uniform - Monson Aspen Mills Inc. 101-420 101-420-4370-000 1,068.00 112655 New Hire Uniform - Monson Xcel Energy 101-420 101-420-4381-000 3.65 112734 Electric-Police Shred-it c/o Stericycle Inc. 101-420 101-420-4410-000 48.15 112719 Shredding services 101-420 Total 22,553.90 Medica 101-421 101-421-4131-000 1,313.91 112699 Health Insurance Premiums Lincoln National Life Ins Co 101-421 101-421-4133-000 50.52 112694 Disability Insurance Premiums Lincoln National Life Ins Co 101-421 101-421-4133-000 4.40 112695 Life Insurance Premiums Delta Dental of Minnesota 101-421 101-421-4134-000 63.96 112669 Dental Insurance Premiums Ultimate Safety Concepts 101-421 101-421-4240-000 37.80 112729 Akron Shutoff Bail American Test Center 101-421 101-421-4410-000 1,847.00 112649 Fire Truck Test and Inspection Bureau of Criminal Apprehension 101-421 101-421-4410-000 33.25 112657 Firefighter fingerprint crimincal history check - J. Eernisse 101-421 Total 3,350.84 Medica 101-422 101-422-4131-000 1,680.96 112699 Health Insurance Premiums Lincoln National Life Ins Co 101-422 101-422-4133-000 72.38 112694 Disability Insurance Premiums Lincoln National Life Ins Co 101-422 101-422-4133-000 7.87 112695 Life Insurance Premiums Delta Dental of Minnesota 101-422 101-422-4134-000 88.20 112669 Dental Insurance Premiums City of Hugo 101-422 101-422-4410-000 53.17 112662 Building Department Inspections - July 10 101-422 Total 1,902.58 Medica 101-430 101-430-4131-000 2,699.36 112699 Health Insurance Premiums Lincoln National Life Ins Co 101-430 101-430-4133-000 119.64 112694 Disability Insurance Premiums Lincoln National Life Ins Co 101-430 101-430-4133-000 10.13 112695 Life Insurance Premiums Delta Dental of Minnesota 101-430 101-430-4134-000 198.45 112669 Dental Insurance Premiums City of St. Paul 101-430 101-430-4224-000 4,774.02 112664 Asphalt Mix TrueNorth Steel 101-430 101-430-4229-000 1,165.95 112727 Replace pipe for storm structure Aid Electric Corporation 101-430 101-430-4385-000 5,388.45 112646 Repair underground wiring - 203 to 165 Woodridge Lane Xcel Energy 101-430 101-430-4385-000 528.23 112734 Electric-Street Lights Xcel Energy 101-430 101-430-4385-000 3,676.30 112734 Electric-Street Lights Olson's Sewer Service Inc. 101-430 101-430-4410-000 1,465.48 112708 Excavate to expose storm sewer pipe - 7868 Lois Lane Pavement Resources 101-430 101-430-4410-000 112.00 112711 Repair Irrigation System Roadkill Animal Control 101-430 101-430-4410-000 186.00 112716 June Deer pick-up/Disposal Upper Cut Tree Service 101-430 101-430-4410-000 725.00 112730 Tree Removal for canal project 101-430 Total 21,049.01 Medica 101-431 101-431-4131-000 1,084.08 112699 Health Insurance Premiums Lincoln National Life Ins Co 101-431 101-431-4133-000 27.28 112694 Disability Insurance Premiums Lincoln National Life Ins Co 101-431 101-431-4133-000 3.37 112695 Life Insurance Premiums Delta Dental of Minnesota 101-431 101-431-4134-000 66.15 112669 Dental Insurance Premiums Mansfield Oil Company 101-431 101-431-4212-000 3,941.96 112698 Conv 87 Oct-E-10 - 2 198 Mansfield Oil Company 101-431 101-431-4212-000 1,653.89 112698 Dyed B20 ULS2 Clean 365 - 1 004 Grainger 101-431 101-431-4221-000 91.20 112681 Gasoline hose assembly Hugo Equipment Company 101-431 101-431-4221-000 33.99 112686 Chainsaw clutch repair L.T.G. Power Equipment 101-431 101-431-4221-000 27.54 112691 Switch Low Prof #405 Macqueen Equipment Inc. 101-431 101-431-4221-000 603.56 112697 Y conneccctor Water manifold cover-main broom O'Reilly Automotive Stores 101-431 101-431-4221-000 31.84 112709 Hi-Power Belt - #409 - Progressive Mower Pomp's Tire Service Inc. 101-431 101-431-4221-000 1,811.74 112713 Police SUV Tires Ziegler Inc. 101-431 101-431-4221-000 65.98 112735 Coupling #117 Minneapolis Oxygen Company 101-431 101-431-4240-000 11.80 112703 .035 Contact Tip DVS Renewal 101-431 101-431-4300-000 37.50 112736 Replace Chk #112487 Renewal tabs for vehicles #398 #397 & #310 Minnesota Petroleum Service 101-431 101-431-4300-000 413.70 112704 1 inch Breakaway Swivel Combo Thomas Motors Inc. 101-431 101-431-4300-000 314.50 112725 Brake chamber repair Emergency Apparatus Maintenance 101-431 101-431-4410-000 468.56 112672 Ladder A-21 Bronto #622 101-431 Total 10,688.64 Wipers & Wipes Inc. 101-432 101-432-4211-500 116.14 112732 Low density can liner Paper towels Anoka County Treasury Office 101-432 101-432-4300-500 75.00 112654 Aug 2020 CAC Fiber Summit Fire Protection Inc. 101-432 101-432-4300-500 360.00 112723 12 Volt 7 Amp Battery Anoka County Treasury Office 101-432 101-432-4300-501 75.00 112654 Aug 2020 CAC Fiber Anoka County Treasury Office 101-432 101-432-4300-503 75.00 112654 Aug 2020 CAC Fiber Twin City Fab Inc. 101-432 101-432-4300-503 1,507.52 112728 2 COVID window frames Page 2 AP Checks by Account Number 08/10/2020 City Council Meeting Vendor Fund/Dept Account Amount Check # Description CenturyLink 101-432 101-432-4321-503 56.39 112659 Phone - Civic Complex Fire Protection Equipment Xcel Energy 101-432 101-432-4381-501 678.75 112734 Electric-Fire Station #1 Xcel Energy 101-432 101-432-4381-502 1,035.92 112734 Electric-Fire Station #2 Xcel Energy 101-432 101-432-4381-503 7,707.16 112734 Electric-Civic Complex AmeriPride Services Inc. 101-432 101-432-4410-502 198.36 112650 Mats CES Imaging 101-432 101-432-4410-503 81.74 112660 July Plotter/Scanner Maintenance Metro Sales Incorporated 101-432 101-432-4410-503 120.97 112701 Copier Maintenance Contract - Ricoh/MP C307 Color Copier 101-432 Total 12,087.95 Medica 101-450 101-450-4131-000 1,999.40 112699 Health Insurance Premiums Lincoln National Life Ins Co 101-450 101-450-4133-000 100.21 112694 Disability Insurance Premiums Lincoln National Life Ins Co 101-450 101-450-4133-000 11.69 112695 Life Insurance Premiums Delta Dental of Minnesota 101-450 101-450-4134-000 185.20 112669 Dental Insurance Premiums Frattallone's/Circle Pines Ace 101-450 101-450-4211-000 6.87 112676 1/4 Quick Link Gerten Greenhouses & Garden Center Inc. 101-450 101-450-4211-000 113.70 112679 Profile covergrow 40 pounds Gerten Greenhouses & Garden Center Inc. 101-450 101-450-4211-000 463.00 112679 Rapid dry 50 pounds Menards - Forest Lake 101-450 101-450-4211-000 112.64 112700 Batteries pinch clamp insert coupling mip elbow cut-off rise WSB & Associates Inc. 101-450 101-450-4300-000 1,741.25 112733 June 2020 Trail Project Xcel Energy 101-450 101-450-4381-000 136.90 112734 Electric-Parks Jimmy's Johnnys 101-450 101-450-4410-000 110.00 112687 Toilet Rental - Behm's Park Jimmy's Johnnys 101-450 101-450-4410-000 110.00 112687 Toilet Rental - Highland Meadows Jimmy's Johnnys 101-450 101-450-4410-000 110.00 112687 Toilet Rental - Marshan Park Jimmy's Johnnys 101-450 101-450-4410-000 110.00 112687 Toilet Rental - Sunrise Park Jimmy's Johnnys 101-450 101-450-4410-000 110.00 112687 Toilet Rental - Lino Park Jimmy's Johnnys 101-450 101-450-4410-000 110.00 112687 Toilet Rental - Birch Park Jimmy's Johnnys 101-450 101-450-4410-000 110.00 112687 Toilet Rental - Clearwater Creek Jimmy's Johnnys 101-450 101-450-4410-000 220.00 112687 Toilet Rental - City Hall Park - 2 months service Allied Blacktop Inc. 101-450 101-450-4410-135 26,898.55 112648 2020 Trail Management Project 101-450 Total 32,759.41 Medica 101-451 101-451-4131-000 218.26 112699 Health Insurance Premiums Lincoln National Life Ins Co 101-451 101-451-4133-000 5.70 112694 Disability Insurance Premiums Lincoln National Life Ins Co 101-451 101-451-4133-000 0.45 112695 Life Insurance Premiums Delta Dental of Minnesota 101-451 101-451-4134-000 8.82 112669 Dental Insurance Premiums 101-451 Total 233.23 Medica 101-461 101-461-4131-000 201.91 112699 Health Insurance Premiums Lincoln National Life Ins Co 101-461 101-461-4133-000 7.28 112694 Disability Insurance Premiums Lincoln National Life Ins Co 101-461 101-461-4133-000 0.85 112695 Life Insurance Premiums Delta Dental of Minnesota 101-461 101-461-4134-000 16.53 112669 Dental Insurance Premiums 101-461 Total 226.57 Medica 101-462 101-462-4131-000 134.61 112699 Health Insurance Premiums Lincoln National Life Ins Co 101-462 101-462-4133-000 0.56 112695 Life Insurance Premiums Lincoln National Life Ins Co 101-462 101-462-4133-000 4.85 112694 Disability Insurance Premiums Delta Dental of Minnesota 101-462 101-462-4134-000 11.03 112669 Dental Insurance Premiums 1st Choice Document Destruction 101-462 101-462-4410-000 600.00 112644 Paper media and cardboard recycled - 2830 pounds 101-462 Total 751.05 Medica 101-463 101-463-4131-000 201.91 112699 Health Insurance Premiums Lincoln National Life Ins Co 101-463 101-463-4133-000 7.28 112694 Disability Insurance Premiums Lincoln National Life Ins Co 101-463 101-463-4133-000 0.84 112695 Life Insurance Premiums Delta Dental of Minnesota 101-463 101-463-4134-000 16.54 112669 Dental Insurance Premiums 101-463 Total 226.57 Anderson Blair 201-000 201-000-3810-856 70.00 112651 Fall soccer enrollment refund Haworth Andrea 201-000 201-000-3810-856 70.00 112684 Fall soccer enrollment refund Lenartz Amber 201-000 201-000-3810-856 70.00 112693 Fall soccer enrollment refund Provenzano Laura 201-000 201-000-3810-856 80.00 112714 Fall soccer enrollment refund Simonson Katey 201-000 201-000-3810-856 140.00 112720 Fall soccer enrollment refund Daraitis Melissa 201-000 201-000-3810-871 45.00 112668 Flag football enrollment refund Lindstrom Sara 201-000 201-000-3810-871 45.00 112696 Flag football enrollment refund 201-000 Total 520.00 Anoka County Attorney's Office 207-420 207-420-4300-000 26.00 112652 Forfeiture Distribution Anoka County Attorney's Office 207-420 207-420-4300-000 145.40 112652 Forfeiture Distribution Anoka County Attorney's Office 207-420 207-420-4300-000 9.40 112652 Forfeiture Distribution Anoka County Attorney's Office 207-420 207-420-4300-000 40.40 112652 Forfeiture Distribution State of MN - Department of Finance 207-420 207-420-4300-000 4.70 112722 Forfeiture Distribution State of MN - Department of Finance 207-420 207-420-4300-000 72.70 112722 Forfeiture Distribution State of MN - Department of Finance 207-420 207-420-4300-000 20.20 112722 Forfeiture Distribution Page 3 AP Checks by Account Number 08/10/2020 City Council Meeting Vendor Fund/Dept Account Amount Check # Description State of MN - Department of Finance 207-420 207-420-4300-000 13.00 112722 Forfeiture Distribution 207-420 Total 331.80 MN Department of Public Safety 208-420 208-420-5000-000 25.00 112705 Transfer and title fees for forfeited DUI vehicle 208-420 Total 25.00 Rupp Anderson Squires & Waldspurger P.A. 212-499 212-499-4301-000 176.00 112717 Covid 19 212-499 Total 176.00 Internal Revenue Service Center 338-470 338-470-4300-000 266.59 112642 Yield Reduction Payment 2015A Series Bonds 338-470 Total 266.59 Baker Tilly Municipal Advisors LLC 339-470 339-470-4300-000 3,100.00 112656 Arbitrage Compliance Report 339-470 Total 3,100.00 Century Fence Company Inc. 405-499 405-499-4211-119 3,850.00 112658 NorthPointe Fence Complete Midwest Groundcover 405-499 405-499-4211-120 1,620.00 112702 Installation of engineered wood fiber in new playground WSB & Associates Inc. 405-499 405-499-4304-120 146.00 112733 June Woods Edge Park Final Design 405-499 Total 5,616.00 HIBBARD JACOB 406-000 406-000-2020-000 5.56 112685 Refund Check 017891-000 667 VILLAGE DR PERRIER SANDRA 406-000 406-000-2020-000 8.89 112712 Refund Check 005297-000 7951 JOSEPH CT REECK CHELSEA 406-000 406-000-2020-000 7.00 112715 Refund Check 008353-000 7022 SUNSET AVE 406-000 Total 21.45 WSB & Associates Inc. 406-499 406-499-4304-000 24,077.05 112733 June Water Treatment Plant Feasibility Study WSB & Associates Inc. 406-499 406-499-4304-123 17,089.00 112733 June 49 & J Lift Station Sewer and Water Extension WSB & Associates Inc. 406-499 406-499-4304-127 20,295.00 112733 June Northeast Lino Lakes Drainage Improvement Project WSB & Associates Inc. 406-499 406-499-4304-127 561.50 112733 June Sanitary Sewer Extension to Tower #3 Landmark Structures 406-499 406-499-4400-127 260,806.00 112692 Payment No. 6 Water Tower No. 3 406-499 Total 322,828.55 WSB & Associates Inc. 421-499 421-499-4304-133 11,708.50 112733 June 2020 Street Rehabilitation Project 421-499 Total 11,708.50 Rupp Anderson Squires & Waldspurger P.A. 422-499 422-499-4301-125 48.00 112717 Northeast Drainage Area Phase I Project 422-499 Total 48.00 WSB & Associates Inc. 424-499 424-499-4304-000 57.50 112733 June 2020 Surface Water Maintenance Project 424-499 Total 57.50 WSB & Associates Inc. 425-499 425-499-4304-134 429.00 112733 June 12th Street Trail Project Allied Blacktop Inc. 425-499 425-499-4410-135 30,000.00 112648 2020 Trail Management Project 425-499 Total 30,429.00 WSB & Associates Inc. 485-499 485-499-4304-000 7,860.00 112733 June West Shadow Lake Drive Construction Phase Forest Lake Contracting Inc. 485-499 485-499-4400-000 5,569.72 112675 Final Payment 485-499 Total 13,429.72 WSB & Associates Inc. 486-499 486-499-4304-000 15,599.00 112733 June 2019 Cedar St./24th Ave./Elmcrest Ave. Improvements 486-499 Total 15,599.00 HIBBARD JACOB 601-000 601-000-2020-000 1.35 112685 Refund Check 017891-000 667 VILLAGE DR HIBBARD JACOB 601-000 601-000-2020-000 5.61 112685 Refund Check 017891-000 667 VILLAGE DR PERRIER SANDRA 601-000 601-000-2020-000 5.61 112712 Refund Check 005297-000 7951 JOSEPH CT PERRIER SANDRA 601-000 601-000-2020-000 2.16 112712 Refund Check 005297-000 7951 JOSEPH CT REECK CHELSEA 601-000 601-000-2020-000 1.70 112715 Refund Check 008353-000 7022 SUNSET AVE REECK CHELSEA 601-000 601-000-2020-000 9.35 112715 Refund Check 008353-000 7022 SUNSET AVE City of Blaine 601-000 601-000-2140-000 70.47 112661 2nd Qtr 2020 - Blaine water usage in Lino Lakes 601-000 Total 96.25 Medica 601-494 601-494-4131-000 1,876.16 112699 Health Insurance Premiums Lincoln National Life Ins Co 601-494 601-494-4133-000 7.52 112695 Life Insurance Premiums Lincoln National Life Ins Co 601-494 601-494-4133-000 44.10 112694 Disability Insurance Premiums Delta Dental of Minnesota 601-494 601-494-4134-000 134.52 112669 Dental Insurance Premiums Curtis 1000 Inc. 601-494 601-494-4200-000 407.66 112667 UB Window Envelopes Curtis 1000 Inc. 601-494 601-494-4200-000 365.77 112667 UB Return Envelopes A&L Superior Quality Sod Inc. 601-494 601-494-4211-000 13.50 112645 5 Rolls Turfgrass sod Core & Main LP 601-494 601-494-4211-000 3,469.44 112665 Mxu Hach Company 601-494 601-494-4211-000 680.35 112682 Water testing supplies Core & Main LP 601-494 601-494-4215-000 3,323.04 112665 Meters Core & Main LP 601-494 601-494-4215-000 828.57 112665 Touchpad Core & Main LP 601-494 601-494-4215-000 183.00 112665 MXU Hawkins Inc. 601-494 601-494-4222-000 7,025.12 112683 150 Lb Chlorine Cylinder All Seasons Rental Inc. 601-494 601-494-4300-000 242.26 112647 Mixing Trailer Frontier Concrete & Masonry 601-494 601-494-4300-000 875.00 112677 Curb dug out work Water Conservation Service Inc 601-494 601-494-4300-000 220.98 112731 Leak at 189 Appaloosa Court WSB & Associates Inc. 601-494 601-494-4300-000 60.00 112733 June Miscellaneous Escrow Account WSB & Associates Inc. 601-494 601-494-4304-000 4,093.00 112733 June Well House No. 1 Rehabilitation Page 4 AP Checks by Account Number 08/10/2020 City Council Meeting Vendor Fund/Dept Account Amount Check # Description WSB & Associates Inc. 601-494 601-494-4304-000 1,110.00 112733 June 2020 General Engineering Services WSB & Associates Inc. 601-494 601-494-4304-000 2,310.00 112733 June Century Farm North Stormwater Reuse Feasibility Study Circle Pines Post Office 601-494 601-494-4322-000 439.99 112737 Utility Billing Postage Xcel Energy 601-494 601-494-4381-000 6,660.05 112734 Electric-Water City of Blaine 601-494 601-494-4382-000 569.09 112661 2nd Qtr 2020 - Blaine water usage in Lino Lakes 601-494 Total 34,939.12 HIBBARD JACOB 602-000 602-000-2020-000 30.94 112685 Refund Check 017891-000 667 VILLAGE DR PERRIER SANDRA 602-000 602-000-2020-000 49.51 112712 Refund Check 005297-000 7951 JOSEPH CT REECK CHELSEA 602-000 602-000-2020-000 38.99 112715 Refund Check 008353-000 7022 SUNSET AVE 602-000 Total 119.44 Medica 602-495 602-495-4131-000 1,876.17 112699 Health Insurance Premiums Lincoln National Life Ins Co 602-495 602-495-4133-000 44.11 112694 Disability Insurance Premiums Lincoln National Life Ins Co 602-495 602-495-4133-000 7.56 112695 Life Insurance Premiums Delta Dental of Minnesota 602-495 602-495-4134-000 134.52 112669 Dental Insurance Premiums Curtis 1000 Inc. 602-495 602-495-4200-000 365.77 112667 UB Return Envelopes Curtis 1000 Inc. 602-495 602-495-4200-000 407.66 112667 UB Window Envelopes O'Reilly Automotive Stores 602-495 602-495-4211-000 44.97 112709 Nitrile Glv Macqueen Equipment Inc. 602-495 602-495-4240-000 86.03 112697 Wire CR Fischer and Sons Inc. 602-495 602-495-4300-000 10,276.40 112666 Curb repair - Snow Goose Trail & Pheasant Hills Drive Dusty's Drain Cleaning 602-495 602-495-4300-000 285.00 112670 Video inspection of main from front clean out Electric Pump Inc. 602-495 602-495-4300-000 679.05 112671 Impeller Repair GM Contracting Inc. 602-495 602-495-4300-000 162,435.08 112680 Lift Station No. 5 Forcemain Replacement Tri-State Pump & Control 602-495 602-495-4300-000 480.00 112726 Blackduck Lift Station - Pull pump 2 repair WSB & Associates Inc. 602-495 602-495-4304-000 2,583.25 112733 June Lift Station No. 5 Forcemain Rehabilitation WSB & Associates Inc. 602-495 602-495-4304-000 1,110.00 112733 June 2020 General Engineering Services WSB & Associates Inc. 602-495 602-495-4304-000 598.50 112733 June 2021 I&I Project Circle Pines Post Office 602-495 602-495-4322-000 439.99 112737 Utility Billing Postage Xcel Energy 602-495 602-495-4381-000 2,366.62 112734 Electric-Sewer City of Blaine 602-495 602-495-4382-000 1,860.00 112661 2nd Qtr 2020 - Blaine water usage in Lino Lakes 602-495 Total 186,080.68 Anoka County Property Records & Taxation 801-000 801-000-2300-000 46.00 112653 Ordinance No. 0320 Kennedy & Graven Chartered 801-000 801-000-2300-000 542.10 112688 Lyngblomsten Senior Housing TIF KGI Wireless 801-000 801-000-2300-000 100.00 112689 Antenna Escrow Refund KLM Engineering Inc. 801-000 801-000-2300-000 1,500.00 112690 Verizon Antenna Modification Tower No. 1 - Antenna Drawing KLM Engineering Inc. 801-000 801-000-2300-000 4,000.00 112690 Verizon Antenna Modification Tower No. 1 - Antenna Inspection Fe SAC Wireless 801-000 801-000-2300-000 1,450.00 112718 Antenna Escrow Refund - AT&T Site 10102784-Highway 14 & 23 Terra Consulting 801-000 801-000-2300-000 500.00 112724 Antenna Escrow Refund - Verizon Wireless 7470 4th Ave Undergroud WSB & Associates Inc. 801-000 801-000-2300-000 1,121.00 112733 June Poehling Addition WSB & Associates Inc. 801-000 801-000-2300-000 2,168.75 112733 June Laborer's Training Center WSB & Associates Inc. 801-000 801-000-2300-000 4,427.75 112733 June Lyngblomsten Senior Housing Site Study WSB & Associates Inc. 801-000 801-000-2300-000 715.00 112733 June Natures Refuge WSB & Associates Inc. 801-000 801-000-2302-102 1,152.00 112733 June Eastside Villas WSB & Associates Inc. 801-000 801-000-2308-102 136.00 112733 June Century Farm North 7th Addition WSB & Associates Inc. 801-000 801-000-2316-102 243.00 112733 June Saddle Club 2nd Addition Paul Emmerich Construction Inc. 801-000 801-000-2318-000 4,400.00 112710 Escrow Release WSB & Associates Inc. 801-000 801-000-2328-102 136.00 112733 June Main Street Shoppes 2nd Addition WSB & Associates Inc. 801-000 801-000-2336-102 3,783.00 112733 June Watermark 1st Addition WSB & Associates Inc. 801-000 801-000-2338-102 3,096.50 112733 June Nadeau Acres Rupp Anderson Squires & Waldspurger P.A. 801-000 801-000-2338-103 135.00 112717 Nadeau Acres WSB & Associates Inc. 801-000 801-000-2339-102 143.00 112733 June Northpointe 5th Addition WSB & Associates Inc. 801-000 801-000-2344-103 547.00 112733 June Lino Lakes Storage WSB & Associates Inc. 801-000 801-000-2348-102 404.00 112733 June Northpointe 7th Addition WSB & Associates Inc. 801-000 801-000-2349-102 572.50 112733 June All Seasons Rental WSB & Associates Inc. 801-000 801-000-2352-102 68.00 112733 June Chavez Preserve Preliminary Plat WSB & Associates Inc. 801-000 801-000-2353-102 648.00 112733 June St. Clair Estates Rupp Anderson Squires & Waldspurger P.A. 801-000 801-000-2353-103 720.00 112717 St. Clair Estates Letter of Credit Call WSB & Associates Inc. 801-000 801-000-2355-102 3,257.25 112733 June Watermark 3rd Addition WSB & Associates Inc. 801-000 801-000-2359-102 819.00 112733 June Saddle Club 4th Addition WSB & Associates Inc. 801-000 801-000-2388-102 1,218.00 112733 June Watermark 2nd Addition 801-000 Total 38,048.85 Grand Total 844,967.18 Page 5 Electronic Funds Transfer MN Statute 471.38 Subd. 3 Council Meeting August 10, 2020 Transfer In/(Out) 7/22/2020 Wire from 4M (General Acct) 750,000.00 7/24/2020 Payroll #15 (128,498.39) 7/24/2020 Payroll #15 Federal Deposit (37,676.76) 7/24/2020 Payroll #15 PERA (41,476.97) 7/24/2020 Payroll #15 State (8,548.10) 7/24/2020 Payroll #15 Child Support (276.29) 7/24/2020 Payroll #15 H.S.A. Bank Pretax (3,105.88) 7/24/2020 Payroll #15 TASC Pretax (993.83) 7/24/2020 Payroll #15 ICMA 457 Def. Comp #301596 (4,365.00) 7/24/2020 Payroll #15 ICMA Roth IRA #706155 (510.75) 7/24/2020 Payroll #15 MSRS HCSP #98946-01 (1,764.43) 7/24/2020 Payroll #15 MSRS Def. Comp #98945-01 (3,110.00) 7/24/2020 Payroll #15 MSRS Roth IRS #98945-01 (575.00) 7/29/2020 Wire to Moreton (Coronavirus Relief Funds) (1,608,289.00) 7/30/2020 Wire from 4M (General Acct) 150,000.00 7/30/2020 Wire from 4M (2018A Acct) 150,000.00 7/31/2020 Wire to US Bank (Debt Service Pmt Due 8/1) (224,974.38) COUNCIL MINUTES DRAFT 1 1 LINO LAKES CITY COUNCIL 2 REGULAR MEETING 3 MINUTES 4 5 DATE : July 27, 2020 6 TIME STARTED : 6:30 p.m. 7 TIME ENDED : 7:40 p.m. 8 MEMBERS PRESENT : Councilmember Stoesz, Lyden, 9 Ruhland, Cavegn and Mayor Rafferty 10 MEMBERS ABSENT : 11 12 Staff members present: City Administrator Sarah Cotton; Community Development Director 13 Michael Grochala; City Planner Katie Larsen; Public Safety Director John Swenson; City Engineer 14 Diane Hankee 15 16 PUBLIC COMMENT 17 Kevin Murphy, 583 Lois Lane, requested assistance with traffic issues on Lois Lane, including 18 lowering the speed limit. Mayor Rafferty asked to be involved in continuing the discussion with 19 residents and staff (City Engineer and Public Safety Department) about how speed limits can be 20 amended and other possibilities to deal with issues of speeding and traffic. 21 SETTING THE AGENDA 22 The agenda was approved as presented. 23 SPECIAL PRESENTATIONS 24 Oath of Police Service – Police Officers – Mike Monson, Anissa Ng 25 Eagle Scout presentation for Aiden J. Sherer 26 CONSENT AGENDA 27 Councilmember Lyden moved to approve the Consent Agenda, Items 1A through 1F as presented. 28 Councilmember Cavegn seconded the motion. Motion carried on a voice vote. 29 Councilmember Cavegn noted Page 12 of the Expenditures Report and an item for Spanish 30 translation services. Administrator Cotton explained that the services are public safety related and 31 the City is required by law to provide them. Public Safety Director Swenson concurred that the law 32 requires the provision of translation services when requested. 33 34 ITEM ACTION 35 Consideration of Expenditures: 36 A) Consideration of Expenditures: July 27, 2020 37 (Check No. 112558 through 112640) in the 38 amount of $619,450.71 Approved 39 B) Consider Approval of July 13, 2020 Council Minutes Approved 40 COUNCIL MINUTES DRAFT 2 C) Consider Resolution No. 20-77 Approving Sale of 41 Wetland Bank Credit, Larry Head Approved 42 D) Consider Resolution No. 20-78 Approving Sale of 43 Wetland Bank Credit, Wetland Credit Agency Approved 44 E) Consider Resolution No. 20-80 Approving a Peddler 45 License for Joshua’s Pest Control Approved 46 F) Consider Resolution No. 20-85 Approving Additional 47 Election Judges for August 11th State Primary Election Approved 48 FINANCE DEPARTMENT REPORT 49 There was no report from the Finance Department. 50 ADMINISTRATION DEPARTMENT REPORT 51 There was no report from the Administration Department. 52 PUBLIC SAFETY DEPARTMENT REPORT 53 4A) Consider Donation of Seized Property – Public Safety Director Swenson explained that, 54 under the City Code, the department is authorized to dispose of seized property with consent of the 55 council. He is recommending that certain property (bikes) be donated at this time. 56 Councilmember Stoesz suggested that staff determine if it’s possible to preauthorize the regular 57 donation of bikes. 58 Councilmember Stoesz moved to accept the donation as recommended. Councilmember Ruhland 59 seconded the motion. Motion carried on a voice vote. 60 4B) Consider Donation of K9 Squad Organizer – Public Safety Director Swenson reported 61 that the department has an organizer that no longer fits into the newer model squad car. Therefore 62 he is recommending that the organizer be donated to the Anoka County Sherriff’s Office where they 63 have a use. 64 Councilmember Cavegn moved to approve the City’s donation as recommended. Councilmember 65 Ruhland seconded the motion. Motion carried on a voice vote. 66 PUBLIC SERVICES DEPARTMENT REPORT 67 There was no report from the Public Services Department. 68 COMMUNITY DEVELOPMENT REPORT 69 6A) Consider Resolution No. 20-75, Approving Payment No. 8 and Final, LaMotte Area 70 Street and Utility Improvement Project – City Engineer Hankee noted completion of the project 71 and a remaining balance to be released to the contractor. She noted the final project cost that 72 included grant funds from the Rice Creek Watershed District. She is recommending that the 73 council approve the final payment. 74 Mayor Rafferty remarked that the project was well done and the contractor well received by the 75 residents. 76 COUNCIL MINUTES DRAFT 3 Councilmember Stoesz moved to approve Resolution No. 20-75 as presented. Councilmember 77 Lyden seconded the motion. Motion carried on a voice vote 78 6B) Consider Resolution No. 20-76 Approving Conditional Use Permit Amendment #1-79 Outdoor Storage of Rental Equipment for All Seasons Rental (7932 Lake Drive) – City Planner 80 Larsen reviewed a PowerPoint presentation including information on the following: 81 - CUP Amendment is proposed (original CUPs approved in 2017 in relation to their new 82 building); 83 - Aerial view of area pre and post new construction; 84 - A certain amount of outdoor storage is allowed under code but there has been an amount in 85 excess of allowance; 86 - The owner is now proposing additional outdoor storage area (required amendment to CUP); 87 - Staff and the Planning and Zoning Board is proposing limitation and screening outlined in 88 staff report. 89 Mayor Rafferty asked about the additional landscape requirment. Ms. Larsen said there will be two 90 rows of coniferus trees with a size (age) requirement. 91 Scott Carlson, owner of All Seasons Rental (the applicant), noted that he has worked with staff and 92 the Planning and Zoning Board and is satisifed with the recommendation and prepared to comply. 93 He does wonder about the timetable; he’d prefer to plant trees on a schedule that will be best for 94 their growth and survival. Mayor Rafferty asked staff to work with Mr. Carlson to ensure a proper 95 timeframe; he commended Mr. Carlson for operating a good business in the community. 96 Councilmember Cavegn noted that he lives in the area of the business and he concurs that the 97 business is good neighbor. 98 City Planner Larsen recommended that a completion date for the landscaping and annual inspection 99 requirement could be added to the resolution. 100 Councilmember Cavegn moved to approve Resolution No. 20-76 as amended to include a 101 landscaping completion date and annual inspection requirement . Councilmember Stoesz seconded 102 the motion. Motion carried on a voice vote 103 6C) Street Easement Vacation: i. Consider 2nd Reading of Ordinance No. 04-20, Vacating 104 a Portion of Elmcrest Avenue Right-of-Way – City Engineer Hankee reviewed her written report 105 outlining staff’s request for 2nd reading and adoption of an ordinance vacating a portion of right of 106 way. The vacation relates to the Laborer’s Training Center expansion project. The council 107 approved the 1st reading of the ordinance at the last regular meeting. 108 Councilmember Stoesz moved to waive the full reading of Ordinance No. 04-20. Councilmember 109 Lyden seconded the motion. Motion carried on a voice vote 110 Councilmember Stoesz moved to approve the 2nd Reading and Adoption of Ordinance No. 04-20 as 111 presented. Councilmember Lyden seconded the motion. Motion carried: Yeas, 5; Nays none. 112 ii. Consider Resolution No. 20-79, Approving Summary Publication of Ordinance No. 04-20 113 COUNCIL MINUTES DRAFT 4 Councilmember Stoesz moved to approve Resolution No. 20-79 as presented. Councilmember 114 Cavegn seconded the motion. Motion carried on a voice vote 115 6D) Consider Resolution No. 20-86, Approving Change Order No. 1, Water Tower No. 3 – 116 City Engineer Hankee reported that staff is recommending that the council authorize a change order 117 for a flowmeter on the new water tower. She noted a small deduction to the project that makes the 118 net change smaller. She noted that the project is on schedule. 119 Councilmember Cavegn moved to approve Resolution No. 20-86 as presented. Councilmember 120 Ruhland seconded the motion. Motion carried on a voice vote 121 UNFINISHED BUSINESS 122 There was no Unfinished Business. 123 124 NEW BUSINESS 125 There was no New Business. 126 127 COMMUNITY EVENTS 128 There were no events announced. 129 COMMUNITY CALENDAR 130 131 Community Calendar – A Look Ahead 132 July 27, 2020 through August 10, 2020 133 Wednesday, July 29 6:30 pm, Zoom Environmental Board 134 Monday, August 3 6:00 pm, Council Chambers Council Work Session 135 Wednesday, August 5 6:30 pm, GoToMeeting Park Board 136 Thursday, August 6 8:00 am, Zoom EDAC 137 Monday, August 10 6:30 pm, Council Chambers City Council Meeting 138 139 ADJOURN 140 141 There being no further business, Councilmember Ruhland moved to adjourn at 7:40 p.m. 142 Councilmember Stoesz seconded the motion. Motion carried on a voice vote. 143 144 Following adjournment of the regular meeting, the Council reconvened for a special meeting to 145 discuss Coronavirus Relief Funds and the 2021 Budget. 146 147 These minutes were considered and approved at the regular Council Meeting on August 10, 2020. 148 149 150 151 152 Julianne Bartell, City Clerk Rob Rafferty, Mayor 153 154 CITY COUNCIL WORK SESSION DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 DATE : July 27, 2020 4 TIME STARTED : 6:00 p.m. 5 TIME ENDED : 6:20 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; City Planner Katie 11 Larsen; City Engineer Diane Hankee 12 1. Temporary Building Inspection Services – Community Development Director 13 Grochala reviewed his written staff report. There are funds budgeted for temporary 14 building inspector services however it’s been impossible to fill such a limited position. 15 Therefore staff is requesting authorization to obtain needed services from a provider. He 16 explained the set costs and that services that would be funded entirely from building 17 permit revenue. This arrangement provides needed flexibility and will move up the 18 schedule for inspections. 19 2. St. Clair Estates, Letter of Credit Release, Michael Grochala – Community 20 Development Director Grochala reviewed his written report. Staff is attempting to secure 21 all necessary work required under the terms of the development agreement for the project. 22 Based on completed work and the cost of future work, staff is proposing to inform the 23 bank that a Letter of Credit in the amount of $20,000 should be released. There is 24 additional credit funds that will be retained until final costs are realized. 25 26 Councilmember Lyden thanked staff for their work in bringing this matter to some 27 conclusion. 28 3. Review Regular City Council Agenda of July 27, 2020 – The items were 29 reviewed and there were no changes to the agenda. 30 31 The meeting was adjourned at 6:20 p.m. 32 33 These minutes were considered, corrected and approved at the regular Council meeting held on 34 August 10, 2020. 35 36 37 38 39 Julianne Bartell, City Clerk Rob Rafferty, Mayor 40 41 1 CITY COUNCIL AGENDA ITEM 1D STAFF ORIGINATOR: Michael Grochala, Community Development Director MEETING DATE: August 10, 2020 TOPIC: Consider Resolution No. 20-88 Approving Amended and Restated Declaration for Maintenance of Stormwater Management Facilities, Woods Edge Townhome Association, Inc. VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council consideration to approve the Amended and Restated Declaration for Maintenance of Stormwater Management Facilities for the Woods Edge Townhome Association, Inc. BACKGROUND On September 12, 2016, the City Council approved the final plat for the Woods Edge PUD. The original approvals required a Declaration for Maintenance of Stormwater Facilities addressing the Homeowner Association’s maintenance responsibilities. The project is nearing completion and the Declaration for Maintenance of Stormwater Management Facilities needs to be amended to accommodate construction changes to facilities. The agreement addresses the maintenance of stormwater facilities, i.e., catch basins, pipe, and ponds to convey street surface water and provide water treatment prior to entering public waters. The agreement requires the Association to perform inspections and maintenance on the private stormwater facilities. RECOMMENDATION Staff is recommending approval of the Amended and Restated Declaration for Maintenance of Stormwater Management Facilities, Woods Edge Townhome Association, Inc. ATTACHMENTS 1. Resolution No. 20-88 2. Amended and Restated Declaration for Maintenance of Stormwater Management Facilities CITY OF LINO LAKES RESOLUTION NO. 20-88 RESOLUTION APPROVING THE AMENDED AND RESTATED DECLARATION FOR MAINTENANCE OF STORMWATER FACILITIES WOODS EDGE WHEREAS, the Woods Edge project included the construction of stormwater facilities such as catch basins, pipe, and ponds to convey street surface water and provide water treatment prior to entering public waters; and WHEREAS, such stormwater facilities are subject to maintenance requirements of the City and Rice Creek Watershed District; and WHEREAS, the Woods Edge Townhome Association, Inc. is required to complete the maintenance per the agreement. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes approves the Amended and Restated Declaration for Maintenance of Stormwater Management Facilities, Woods Edge Townhome Association, Inc.. Adopted by the Council of the City of Lino Lakes this 10th day of August, 2020. 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 CORE/2008719.0399/160216689.1 ______________________________________________________________________________ [Space Above this Line for Recording Office Use Only] AMENDED AND RESTATED DECLARATION FOR MAINTENANCE OF STORMWATER FACILITIES (Superseding in its entirety Document No. 2149539.003) THIS AMENDED AND RESTATED DECLARATION FOR MAINTENANCE OF STORMWATER FACILITIES (this “Declaration”) is made this ______ day of __________, 2020, by Woods Edge Townhomes Association, Inc., a Minnesota nonprofit corporation (“Declarant”), in favor of the Rice Creek Watershed District, a body with powers pursuant to Minnesota Chapters 103B and 103D (“RCWD”) and the City of Lino Lakes, a political subdivision of the State of Minnesota (“City”) for purposes of amending and restating in its entirety the original declaration for maintenance of stormwater facilities, dated September 22, 2016, and recorded on September 23, 2016 as Document No. 2149539.003 with the County Recorder of Anoka County, Minnesota (the “Original Declaration”), which Original Declaration was made by D.R. Horton, Inc.- Minnesota, a Delaware Corporation (“Horton”) as the declarant under the Original Declaration. R E C I T A L S : WHEREAS, the Original Declaration references Attachment A containing the scaled site plan and Attachment B containing the legal descriptions describing the location of the Facilities (defined below); however, such Attachments were not included in the recorded copy of the Original Declaration; and WHEREAS, Horton conveyed its interest in the Property (defined below) to which the maintenance requirements in the Original Declaration apply to the Declarant via quit claim deed dated February 27, 2017, and recorded on March 3, 2017 as Document No. 2164804.002 with the County Recorder of Anoka County, Minnesota, such conveyance being subject to the terms and conditions of the Original Declaration; and 2 CORE/2008719.0399/160216689.1 WHEREAS, the site plan has evolved from what was originally contemplated by the parties to the Original Declaration, and the Declarant has agreed to amend and restate the Original Declaration, as set forth more fully below; and NOW, THEREFORE, Declarant hereby makes the following Declaration, and specifies that this Declaration supersedes the Original Declaration in its entirety, and shall constitute covenants that run with the Property and shall be binding upon the owners of the Property and their successors and assigns. D E C L A R A T I O N : 1. Recitals; Defined Terms. The foregoing recitals are hereby incorporated within this Declaration as an integral part hereof. 2. Property. The real property subject to the terms of this Declaration (the “Property”) shall be those portions of the parcels shaded in gray and labeled as “HOA Ownership” on Exhibit A that actually contain Facilities (defined in Paragraph 3 below) and that are located in the following described Lots and Outlots: Outlots A, B and C, Woods Edge 1st Addition; Lot 8, Block 2, Woods Edge 1st Addition; Lot 15, Block 3, Woods Edge 1st Addition; Lot 6, Block 5, Woods Edge 1st Addition; and Lot 20, Block 2, Woods Edge 2nd Addition, all in Hennepin County, Minnesota. Exhibit A is hereby incorporated herein by reference. Notwithstanding anything in this Declaration or the Original Declaration to the contrary, those shaded portions of the following-described parcels labeled as “HOA Ownership” that do not actually contain Facilities are expressly excluded from the definition of the “Property”. The terms and conditions of this Declaration shall also not apply to and Declarant shall not have any obligations (including without limitation maintenance obligations) with respect to any property labeled on Exhibit A as “City Ownership.” 3. Facilities. The facilities on or to be located on the Property (the “Facilities”) to which the maintenance requirements in Paragraph 4 below apply are depicted on Exhibit A and identified in Exhibit A as follows: Sump Catchbasin/Manhole Storm Sewer Inlet and Manhole Structures Storm Sewer Outlet Structure Infiltration Basin 4. Declaration. The Property shall be owned, used, occupied, and conveyed subject to the covenants and restrictions set forth below: a. Declarant will inspect the Facilities at least annually; b. Declarant will maintain and repair the Facilities: i. In the case of basins and other Facilities where sediment collects, to preserve live storage or capacity at or above the design volume or, where 3 CORE/2008719.0399/160216689.1 no design live storage volume or capacity is incorporated into the permit, the volume or capacity recommended by the manufacturer. ii. In the case of conveyances and other structures, to preserve design hydraulic capacity. iii. In the case of Facilities relying on soils and vegetation for stormwater management or treatment, to preserve healthy vegetation and design soil permeability. iv. In the case of all Facilities, as reasonably necessary to preserve the integrity and intended function of the facility. c. Declarant will submit to the RCWD and City annually, within thirty (30) days of the anniversary of permit issuance, a report listing inspection dates, Facilities inspected, Facility conditions and actions taken, and dates of actions taken. 5. Failure to Maintain; Right of Entry. If Declarant is not maintaining the Facilities in accordance with this declaration, then the RCWD and/or City may give written notice to Declarant detailing the deficiency. If the deficiency has not been corrected within twenty (20) days after receipt of this notice, or Declarant has not within that period made arrangements deemed adequate by the RCWD and/or City for the deficiency to be corrected, then either the RCWD or City, without further notice, may take steps that it deems reasonable to correct the deficiency, and may have access to the property during reasonable times for that purpose; provided, however, that the RCWD or City shall provide not less than twenty-four (24) hours’ notice before entry and exercise due care to avoid unnecessary disturbance or damage to the property. Within thirty (30) days of receipt of invoice Declarant will reimburse the RCWD and/or City for all costs incurred, including administrative overhead and attorneys’ fees, by the RCWD or City in correcting the deficiency. 6. Notices. Any notice under this declaration shall be sent by certified mail, return receipt requested, or delivered to the following address: Woods Edge Townhomes Association c/o New Concepts Management Group, Inc. 5707 Excelsior Blvd. St. Louis Park, MN 55416 7. Filing. An executed copy of this Declaration shall be filed with the Anoka County Recorder’s Office, filing cost to be borne by the Declarant. This Declaration will be unlimited in duration without being re-recorded. Nothing herein constitutes a private covenant, condition or restriction within the meaning of Minnesota Statutes Section 500.20, subdivision 2a. [Remainder of page intentionally left blank; signature pages to follow] 4 CORE/2008719.0399/160216689.1 IN WITNESS WHEREOF, the Declarant has caused this instrument to be executed in its corporate name by its _____________________, on this ___ day of ______________, 2020. WOODS EDGE TOWNHOMES ASSOCIATION, a Minnesota nonprofit corporation By: _________________________________________ Its: _________________________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this __ day of _______________, 2020 by ___________________ the _______________________ of Woods Edge Townhomes Association, a nonprofit corporation under the laws of Minnesota, on behalf of Woods Edge Townhomes Association. ____________________________ Notary [Remainder of page intentionally left blank] 5 CORE/2008719.0399/160216689.1 By signing below, the City hereby ratifies, agrees to, and accepts all the terms and conditions contained herein and agrees that this Amended and Restated Declaration shall supersede the Original Declaration in its entirety. IN WITNESS WHEREOF, the City has caused this instrument to be executed by its _____________________, on this ___ day of ______________, 2020. CITY OF LINO LAKES, a political subdivision of the State of Minnesota By: _________________________________________ Its: _________________________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this __ day of _______________, 2020 by ___________________ the _________________ of the City of Lino Lakes, a political subdivision of the State of Minnesota, on behalf of the City of Lino Lakes. ____________________________ Notary [Remainder of page intentionally left blank] 6 CORE/2008719.0399/160216689.1 By signing below, the RCWD hereby ratifies, agrees to, and accepts all the terms and conditions contained herein and agrees that this Amended and Restated Declaration shall supersede the Original Declaration in its entirety. IN WITNESS WHEREOF, the RCWD has caused this instrument to be executed by its _________________________, on this ___ day of ______________, 2020. RICE CREEK WATERSHED DISTRICT, a body with powers pursuant to Minnesota Chapters 103B and 103D By: _________________________________________ Its: _________________________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this __ day of _______________, 2020 by ___________________ the _________________ of the Rice Creek Watershed District, a body with powers pursuant to Minnesota Chapters 103B and 103D, on behalf of the Rice Creek Watershed District. ____________________________ Notary This instrument was drafted by: Stinson LLP (JCK/ZMS) 50 South Sixth Street, Suite 2600 Minneapolis, MN 55402 [Remainder of page intentionally left blank] CORE/2008719.0399/160216689.1 EXHIBIT A TO AMENDED AND RESTATED DECLARATION FOR MAINTENANCE OF STORMWATER FACILITIES [See Attached] Exhibit A to Amended and Restated Declaration for Maintenance of Stormwater Facilities CORE/2008719.0399/160216689.1 CITY COUNCIL AGENDA ITEM 1E STAFF ORIGINATOR: Michael Grochala, Community Development Director MEETING DATE: August 10, 2020 TOPIC: Approve Pay Request No. 5, Water Tower No. 3 VOTE REQUIRED: 3/5 INTRODUCTION Staff is request City Council consideration to approve pay request No. 5 for the Water Tower No. 3 project. BACKGROUND Landmark Structure, contractor for the Water Tower No. 3 project, has submitted pay request No. 5 for the project. WSB and Associates, City Engineer, have reviewed the request and recommended payment. Typically, pay requests are reviewed administratively and processed with the Council’s consideration of monthly expenditures (Item 1A). However, the referenced request was not processed in time for inclusion in the monthly bills list. Therefore, the item has been added for separate consideration. RECOMMENDATION Staff is recommending approval of Pay Request No. 5. ATTACHMENTS 1 Pay Request No. 5 CITY COUNCIL AGENDA ITEM 3A STAFF ORIGINATOR: Karissa Bartholomew, Human Resources Manager MEETING DATE: August 10, 2020 TOPIC: Personnel Policy Amendment VOTE REQUIRED: 3/5 INTRODUCTION The Council is being asked to consider Resolution No. 20-87, which removes the Computer Purchase Plan from the Personnel Policy. BACKGROUND Staff is recommending the Computer Purchase Plan be removed from the Personnel Policy. The intent behind the policy was to help employees get access to and become familiar with computers. Knowing it would benefit the City by increasing an employee’s familiarity and comfort level with computer use. Throughout the years it has evolved to allow for more modern purchases such as tablets and has strayed from its original purpose due to the fact that technology is more common. Technology, access, and use has come a long way, and this provision no longer provides a benefit to the City. Staff is recommending the removal of the Computer Purchase Plan from the Personnel Policy. RECOMMENDATION Staff recommends approval of Resolution No. 20-87 ATTACHMENTS Resolution No. 20-87 CITY OF LINO LAKES RESOLUTION NO. 20-87 APPROVING AN AMENDMENT TO THE PERSONNEL POLICY WHEREAS, staff has identified that the Computer Purchase Plan within the Personnel Policy is no longer relevant and does not provide a benefit to the City anymore; and WHEREAS, the original intent behind the policy was to help employees get access to and become familiar, and more comfortable, with computers; and WHEREAS, technology, access, and use has come a long way and this provision has strayed from its original intent due to technology being common place. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Lino Lakes, that the Computer Purchase Plan is removed from the Personnel Policy. Adopted by the Council of the City of Lino Lakes this 10th day of August, 2020. The motion for the adoption of the foregoing resolution was introduced by Council Member _____________and was duly seconded by Council Member _____________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: _____________________ Rob Rafferty, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk CITY COUNCIL AGENDA ITEM 3B STAFF ORIGINATOR: Karissa Bartholomew, Human Resources Manager MEETING DATE: August 10, 2020 TOPIC: Consider Appointment of Accounts Payable/ Payroll Technician VOTE REQUIRED: 3/5 INTRODUCTION The Council is being asked to approve the appointment of Emily Ahern to the vacant Accounts Payable/ Payroll Technician position in the Finance Department. BACKGROUND At this time, staff has completed a recruitment process, provided a conditional offer, and is recommending the approval of Emily Ahern for the position. Ahern holds a Bachelor’s Degree in Business Administration and an Associate’s Degree in Accounting. Ahern brings with her over three years of accounting experience. The hourly rate of pay would be $24.41, which is step 2 of the union wage schedule. With the Council’s approval, Ahern would start in the position of Accounts Payable/ Payroll Technician before the end of August. RECOMMENDATION Approve the appointment of Emily Ahern for the Accounts Payable/ Payroll Technician position. CITY COUNCIL AGENDA ITEM 3C STAFF ORIGINATOR: Karissa Bartholomew, Human Resources Manager MEETING DATE: August 10, 2020 TOPIC: Consider Appointment of Streets Maintenance Worker VOTE REQUIRED: 3/5 INTRODUCTION The Council is being asked to approve the appointment of Erik Olson to the vacant Streets Maintenance Worker position in the Public Works Department. BACKGROUND At this time, staff has completed a recruitment process, provided a conditional offer, and is recommending the approval of Erik Olson for the position. Olson has over three years of experience in related public works roles and holds a Class A Commercial Driver’s license. The hourly rate of pay would be $26.52, which is step 2 of the union wage schedule. With the Council’s approval, Olson would start in the position of Streets Maintenance Worker in late August/ early September. RECOMMENDATION Approve the appointment of Erik Olson for the Streets Maintenance Worker position. CITY COUNCIL AGENDA ITEM 4A STAFF ORIGINATOR: John Swenson, Public Safety Director MEETING DATE: August 10, 2020 TOPIC: City of Hugo Automatic Aid/Mutual Aid Agreement VOTE REQUIRED: 3/5 INTRODUCTION The Lino Lakes Public Safety Department (LLPSD) is requesting council approval to enter into a Automatic Aid/Mutual Aid Agreement for fire suppression operations with the Hugo Fire Department. BACKGROUND The Public Safety Department receives and provides fire suppression assistance to the Centennial, Spring Lake Park, Blaine, Mounds View (SBM), and Forest Lake Fire Departments. This fire suppression assistance is for both auto and mutual aid responses. Auto aid response occurs on a structure fire only and results in neighboring jurisdictions being automatically dispatched at the same time as the primary responding fire agency is dispatched. Mutual aid is assistance that may be requested through the dispatch center by the primary fire agency when additional resources are needed to adequately address the response needs. The automatic fire aid enables jurisdictions to leverage partnerships to improve response times and resource deployment. The existence of fire auto aid agreements with neighboring jurisdictions is one of the criteria that the ISO evaluates as part of their review. We will now have agreements in place with all neighboring jurisdictions. The City of Hugo has requested that we enter into an Automatic Aid/Mutual Aid Agreement for the dispatch and use of fire personnel and equipment. This Agreement is attached to this staff report for your review. Lino Lakes fire staff has provided fire assistance 31 times in 2019 and 15 times through June of 2020. Our neighboring jurisdictions provided assistance to our staff 41 times in 2019 and 9 times through June of 2020. RECOMMENDATION Staff recommends approval of the Automatic Aid/Mutual Aid Agreement with the City of Hugo. ATTACHMENTS Automatic Aid/Mutual Aid Agreement between the Cities of Hugo and Lino Lakes for the Dispatch and Use of Fire Personnel and Equipment. CITY OF LINO LAKES By:________________________________ Its: Mayor Attest:_______________________________ Its: Approved by the City Council of the City of Lino Lakes ________ day of _______________ , 2020. 6 CITY COUNCIL AGENDA ITEM 5A STAFF ORIGINATOR: Rick DeGardner, Public Services Director MEETING DATE: August 10, 2020 TOPIC: Consider Approval of Resolution 20-90, Approving HVAC/Plumbing Improvements Eligible for CARES Act Funding Reimbursement VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council consideration to approve five contracts associated with facility improvements related to the COVID-19 pandemic. BACKGROUND Staff has reviewed the below projects and determined that they meet the eligibility requirements (necessary expenditures due to COVID-19, not accounted for in the most recently adopted budget, expenditures will be incurred during the covered period of March 1 to November 15, 2020) for 100% CARES Act funding reimbursement. ➢ Install Ionization Systems at Civic Complex, Public Works, Fire Station #1, and Fire Station #2 ➢ Clean Air Duct System at Civic Complex, Public Works, and Fire Station #1 ➢ Flex Duct Replacement at Civic Complex ➢ Install two APR Valves at Civic Complex ➢ Install Plumbing Fixtures Modifications at Civic Complex, Fire Station #1, and Fire Station #2 Listed below is a summary of work included for each project along with the quotes that were received. Install Ionization Systems at Civic Complex, Public Works, Fire Station #1, and Fire Station #2 – An independent lab study concluded that bipolar ionization is 99.4% effective in killing COVID-19. This project includes providing and installing a total of 11 ion exchangers, four power modules, four evaporator coils, and necessary electrical service at various City facilities. NAC-$31,000 Eagan-$33,000. Clean Air Duct System at Civic Complex, Public Works, and Fire Station #1– Cleaning the existing duct system throughout the Civic Complex will to create the best environment for the Ion Exchangers system to combat the spread of COVID-19 (Amending existing contract approved via Resolution 20-50 on May 26, 2020 to a total project cost of $43,700). Flex Duct Replacement at Civic Complex – Remove, dispose, and install 147 flex duct diffusers in City Hall, Police Department, and New Creations to create the best environment for the Ion Exchangers system to combat the spread of COVID-19. NAC-$15,200 Eagan - $16,050. Install Two APR Valves at Civic Complex – The reduced building load due to COVID-19 has resulted in the condensing units not able to run long enough for sufficient dehumidification. Installing two APR valves at the Civic Complex will resolve this issue. NAC-$5,140. Eagan- $5,800. Install Plumbing Fixtures Modifications at Civic Complex, Fire Station #1, and Fire Station #2 – Using touchless fixtures in restrooms helps to inhibit the spread of germs, including COVID- 19. Installing hands free plumbing fixtures (39 automatic flush valves, 33 automatic faucets, and 1 mixing valve) at the Civic Complex, Fire Station #1, and Fire Station #2 will reduce the potential of users touching potential contaminated surfaces. NAC-$43,000 Eagan-$44,250. RECOMMENDATION Award the contracts summarized above to NAC Mechanical and Electrical Services by approving Resolution 20-90. CITY OF LINO LAKES RESOLUTION NO. 20-90 A RESOLUTION APPROVING HVAC/PLUMBING IMPROVEMENTS ELIGIBLE FOR CARES ACT FUNDING REIMBURSEMENT WHEREAS, Staff has reviewed the below projects and determined that they meet the eligibility requirements (necessary expenditures due to COVID-19, not accounted for in the most recently adopted budget, expenditures will be incurred during the covered period of March 1 to November 15, 2020); and WHEREAS, The projects are as follows, along with the submitted quotes: ➢ Install Ionization Systems at Civic Complex, Public Works, Fire Station #1, and Fire Station #2 NAC-$31,000 Eagan-$33,000. ➢ Clean Air Duct System at Civic Complex, Public Works, and Fire Station #1 (Amending existing contract approved via Resolution 20-50 on May 26, 2020 to $43,700) ➢ Flex Duct Replacement at Civic Complex NAC-$15,200 Eagan - $16,050. ➢ Install Two APR Valves at Civic Complex NAC-$5,140. Eagan-$5,800. ➢ Install Plumbing Fixtures Modifications at Civic Complex, Fire Station #1, and Fire Station #2 NAC-$43,000 Eagan-$44,250. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby awards the above projects to NAC Mechanical and Electrical Services by a pproving Resolution 20-90. Adopted by the Council of the City of Lino Lakes this 10th day of August, 2020. 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 1 CITY COUNCIL AGENDA ITEM 6B STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: August 10, 2020 TOPIC: Nadeau Acres i. Consider Resolution No. 20-83 approving Final Plat ii. Consider Resolution No. 20-84 approving Development Agreement VOTE REQUIRED: 3/5 INTRODUCTION The applicant, BL Holdings, LLC, submitted a final plat land use application for Nadeau Acres. The R-1, Single Family residential development has a total of 68 lots. The final plat is for the first phase and contains 35 lots. This staff report is based on review the following plan sets and documents: • Nadeau Acres Civil Plan Set and Preliminary Plat prepared by Carlson McCain revision date June 3, 2020 • Nadeau Acres Grading, Development & Erosion Control Plan prepared by Carlson McCain dated July 22, 2020 • Nadeau Acres 1st Addition Sanitary Sewer, Watermain, Storm Sewer and Street Construction prepared by Carlson McCain dated July 22, 2020 • Nadeau Acres Phase I Landscape Plan prepared by Carlson McCain dated June 3, 2020 • Final Plat prepared by Carlson McCain received July 22, 2020 • Stormwater Management Plan prepared by Carlson McCain revision date June 3, 2020 • Stormwater Pollution Prevention Plan prepared by Carlson McCain revision date June 3, 2020 BACKGROUND Previous Council Actions: • May 11, 2020: Resolution No. 20-20 approving preliminary plat • May 26, 2020: Ordinance No. 02-20 approving rezoning from R, Rural to R-1, Single Family Residential • June 22, 2020: Resolution No. 20-66 approving Development Agreement for Grading 2 The following is a summary of major items that have been addressed since the May 11, 2020 Council meeting: • Vickers Property o The Vickers agreed to a storm sewer pipe with rip rap armor from Pond 100 to the private ditch. o A Permanent Drainage & Utility Easement has been signed by the Vickers and is recorded. o The City is responsible for maintenance within the easement. • Heritage Avenue and Josephine Lane o A row of coniferous trees will be planted at the north end of Heritage Avenue. o Barricades and “Future Road” signs will be installed at the end of the road stubs. • 6709 20th Avenue-Weber Driveway o An agreement has been signed by the developer and property owner to relocate the driveway to the west. • 6687 20th Avenue-McNeely Property o Five (5) watermain and sanitary sewer laterals will be stubbed from Red Oak Lane to the property for future development. ANALYSIS This staff report provides a comparison of the approved preliminary plat and the proposed final plat. Changes in the plans are either narratively described or shown as strikethrough (deletions) and/or underlines (additions). Overall, the final plat is consistent with the preliminary plat. Land Use and Zoning Current and Proposed Zoning The property is currently was zoned R, Rural and is guided for low density residential land use. Per the zoning ordinance, land that is guided low density residential can be zoned R-1, Single Family Residential, R-1X, Single Family Executive Residential or R-2, Two Family Residential. The property is proposed to be was rezoned to R-1, Single Family Residential with Ordinance No. 02-20. The R-1 zoning provides a natural transition from the current PUD, Planned Unit Development (R-2, Two-Family) zoning in the NorthPointe development to the east and the future medium density land use to the north in Lino Lakes and the northwest in the City of Centerville. At the time of final plat submittal, the 2040 Comprehensive Plan is still under review by Met Council and not formally adopted by the City Council. The 2030 Comprehensive Plan is still in effect. Current Previous Zoning R, Rural Proposed Current Zoning R-1, Single Family Residential 3 Current Land Use Rural Residential 2030 Future Land Use Low Density Residential (1.6 to 3.9 units per acre) 2040 Future Land Use Low Density Residential (1.6 to 3.0 units per acre) 2030 Utility Staging Area 2A (2020-2025) 2040 Utility Staging Area 1A (2018-2025) Density The following chart implements Met Council’s formula for calculating net density. Preliminary Plat (May 2020) Preliminary Plat (June 2020) Gross Area (acres) 33.03 33.03 Wetlands & Water Bodies (0.65) (0.64)1 Public Parks & Open Space 0.00 0.00 Arterial ROW (0.74) (0.74) Other (Utility Transmission Easement) (1.69) (1.69) Other (Wetland Buffer Area) 0.00 0.00 Net Area (acres) 29.95 29.96 # of Units 68 68 Gross Density (units/acre) 2.06 2.06 Net Density (units/acre) 2.27 2.27 1The wetlands on Lot 2 and Lot 3, Block 1 were adjusted to be completely contained with Outlot A and not encroach on the lots. Per the 2030 and 2040 Comprehensive Plan, the site is guided for low density residential development which requires a density of 1.6 to 3.9 and 1.6 to 3.0 units per acres, respectively. The proposed net density is 2.27 units per acre which is consistent with the 2030 & 2040 Comprehensive Plan’s guided land use and density. Surrounding Zoning and Land Use 4 Direction Zoning Current Land Use Future Land Use North R, Rural Rural Residential Medium Density Sewered Residential South R, Rural Single Family Residential Low Density Sewered Residential East PUD Single Family Residential Medium Density Sewered Residential West R, Rural Agricultural Low Density Sewered Residential Zoning Requirements The property is proposed to be was rezoned from R, Rural to R-1, Single Family Residential with Ordinance No. 02-20. R-1 Requirements Nadeau Acres Min. Lot Size 10,800 sf Ave. 14,120 sf Min. Lot Width -Interior Lot 80 ft 80 ft -Corner Lot 100 ft 100 ft Min. Lot Depth 135 ft 135 ft Double Frontage Lots 145 ft 145 ft Building Setback -From Streets --Local Street 30 ft 30 ft --Collector or Arterial 40 ft 40 ft --Corner lot 30 ft 30 ft -Rear --Principal 30 ft 30 ft --Accessory 5 ft 5 ft -Side --Principal 10 ft 10 ft --Accessory 5 ft 5 ft --Corner lot 30 ft 30 ft Buffer 15’ if side or 15 ft buffer 5 rear lot abuts collector or arterial street provided along CSAH 54 Per the subdivision ordinance, minimum lot area for urban lots shall consist of buildable land exclusive of utility transmission easements or water course easements that encumber lot development. The applicant submitted a spreadsheet detailing that minimum lot areas are 10,800 sf. The average lot size is 14,120 sf. Building Type and Construction At the time of building permit, each individual single family dwelling unit will be reviewed for compliance with Section 1007.043(2)(a), General Building Provisions and Section 1007.090(4), Building Requirements regarding floor area, garage and design and construction standards. Per Section 1007.042(5)(b)1.e., air conditioning or heating equipment shall be five (5) feet from any rear lot line and ten (10) feet from any side lot line. No encroachment shall be permitted in existing or required drainage and utility easements. Subdivision Ordinance Conformity with the Comprehensive Plan and Zoning Code The preliminary plat is consistent with the comprehensive plan for low density residential development. The preliminary plat is also compliant with zoning ordinance performance standards for the R-1 zoning district with some minor revisions. The final plat is consistent with the preliminary plat; therefore, the final plat conforms with the comprehensive plan and zoning code. Blocks and Lots The preliminary plat contains 68 single family lots and 6 outlots. The 1st Addition final plat consists of 35 single family lots and 6 outlots. The final plat outlots are for the following purposes: Outlot Purpose Ownership A Stormwater Pond 100 City B Wetlands & Stormwater Pond 400 City C Lift Station City D Road Access for Future Development of 6687 20th Avenue City E Stormwater Pond 200 City F Future Development, Trail Corridor Developer 6 and Watermain Loop On the original preliminary plat, Outlot D contained NSP easement and storm sewer pipe. To minimize the City’s responsibility of mowing and maintaining manicured grass in this area, the outlot has been omitted and the lot lines extended through the NSP easement. Outlots A, B, C, D and E will be deeded to the City for ownership and maintenance. Streets and Alleys Internal road right-of-way widths are 60 feet and the paved roadway width is 32 feet back to back. This is consistent with the City’s engineering standards. Cul de sac paved widths have been revised to 32 feet back to back. CSAH 54 (20th Avenue) is classified as an A-Minor Arterial Reliever and requires a full 120 feet of dedicated road right-of-way. The plat dedicates 60 feet of road right-of-way from section line as required. Turn lane plans have been submitted to the City and Anoka County for review and comment and have been approved by the County. CSAH 34 (Birch Street) is classified as a Major Collector road along the section of the proposed development and requires a full 80 feet of road dedicated right-of-way. The section of the plat that abuts CSAH 34 (Birch Street) previously dedicated 60 feet of road right-of-way. No further road right-of-way is required. The length of Red Oak Lane cul de sac is 250ft and Norma Way is 350ft. No permanent cul de sac length exceeds 500 feet as required by ordinance. Length requirements do not apply to temporary cul de sacs such as William Lane. A temporary cul de sac and easement are shown on the west end of William Lane. A separate recordable easement document shall be recorded against the property and shall be terminated upon extension of William Lane. The future developer will be responsible for removal of the temporary cul de sac and restoration of the lot. A temporary cul de sac is also provided at the south end of Heritage Avenue at the end of Phase I. A separate easement is not required because the property is owned by the developer. Outlot D provides access from Red Oak Lane to 6687 20th Avenue for future development. During the preliminary plat review there was discussion regarding Josephine Lane and utility extension. Road right-of-way and utilities shall be extended to the westerly properly line consistent with standard subdivision and engineering design practice. Barricades and “Future Road Extension” signs are provided at the north and south end of Heritage Avenue and the west end of Josephine Lane. Private Driveway-6709 20th Avenue In September 2015, the Nadeau’s owned and subdivided off the1 acre house parcel located at 6709 20th Avenue. Through the minor subdivision process, staff recommended the north 7 driveway be removed and the south driveway access Red Oak Lane upon its extension. The Nadeau’s expressed concerns about removing the north driveway stating personal cars and trucks could not turn left into the garage from the south driveway without backing into the County road right-of-way. Staff agreed to leave the north driveway with the stipulation the south driveway be removed when the southbound turn lane into NorthPointe was constructed. Unfortunately, this south driveway onto CSAH 54 (20th Avenue) still remains. The driveway will need to be relocated to the west upon extension of Red Oak Lane due to its close proximity to the intersection. The applicant has a signed agreement with the property owners to relocate the driveway west and remove 2 trees. The grading plans include the location of the new driveway. Easements Standard drainage and utility easements at least 10 feet wide are provided along all lot lines. Drainage and utility easements are also dedicated over Outlots A and B as required. Standard drainage and utility easements shall be are dedicated over the north lot line (10ft) and west lot line (5ft) of Outlot D. A drainage and utility easement shall be is dedicated over all of Outlot E. A Permanent Drainage & Utility Easement agreement between the Vickers and the City over the storm pipe from Pond 100 to the private ditch has been agreed to. This document shall be has been recorded. Storm Water Management and Erosion and Sediment Control Per the revised March 20, 2020 June 3, 2020 Stormwater Management Plan prepared by Carlson McCain: “The stormwater on the site flows to three different locations from the site. The majority of the site drains to an existing private ditch/wetland area to the north of the site. A small portion at the south of the site drains through an existing culvert along Birch St (CSAH 34). The western portion of the site drains to the northwest to an existing private ditch. The surface water will flow through three new ponds. Pond 200 located in the middle of the site will pick up surface water from the south portion of the site and direct it towards Pond 100. Pond 100 will pick up surface water from the majority of the site and discharge to the west to an existing private ditch. Pond 400 will receive the remaining surface water and discharge to an existing ditch to the north. After the project is completed, the site will include approximately 8.8 acres of new impervious surfaces including the streets, sidewalks, paths, parking lots, and rooftops. Due to poor soils in the south portion of the site and a high groundwater table in the north portion of the site, infiltration is not feasible. The applicant used a HydroCAD model based on the Atlas 14, 24-hour storms to design the storm sewer conveyance system and ponds. The site is designed to reduce site runoff rates for the 2-, 10-, and 100-year rainfall events.” 8 Per the RCWD CAPROC dated April 8, 2020: Soil conditions vary over the sloping site, with HSG D sandy lean clays (CL) at the higher elevations, and HSG A/B poorly graded sands and sands with silt (SP/SP-SM) with sandy lean clays below. The HSG D soils in addition to the high water table below the HSG A/B soils make infiltration infeasible for the site. Thus, stormwater ponds are acceptable to meet the water quality requirement. The pond sizing, and outlets and overflows are consistent with design criteria. 100% of the project area either flows to the ponds or meets design criteria. Additional TSS removal is not required. The applicant has met all the Water Quality requirements and the design criteria of RCWD Rule C: Stormwater Management Plans. Discharge Rate Comparison 2-year (cfs) 10-year (cfs) 100-year (cfs) Existing Proposed Existing Proposed Existing Proposed North to Private Ditch 3.5 2.3 5.1 3.9 6.9 5.7 West to Private Ditch 11.6 9.2 6.8 34.1 28.7 25.7 82.8 74.7 73.9 South through Culvert under Birch Street 4.4 3.5 8.0 6.5 14.6 11.9 Totals* 19.2 12.5 9.8 46.7 35.6 32.2 103.3 87.8 87.0 *Difference due to time of concentration Post-development stormwater discharge rates are less than the pre-development rates. The City’s stormwater management requirements for rate control and infiltration have also been met. The City’s requirements for rate control and infiltration are the same as RCWD. The applicant has submitted the revised plans to RCWD for final review and approval. RCWD approved and issued Permit 20-002 on July 20, 2020. During the Public Hearing for the project, there were concerns raised by a few of the adjacent property owners. Staff, the developer, and developer’s engineer have worked to address these questions. As a result, the downstream ditch conditions were surveyed to obtain baseline data of the existing conditions. A culvert on the Rehbein parcel was reviewed by the property owner for blockage. The proposed outlet and associated drainage and utility easement to the Vickers’s parcel is being processed. The original design for Pond 100 outlet was a conventional outlet structure and discharge pipe. This design required a drainage and utility easement. Note there is an existing Great River Energy easement that already encumbers this same area. The Vickers were concerned about the proposed outlet discharge and thus granting an easement was declined originally. The developer then re-designed the outlet without an easement. This revision included a plunge pool dissipator and enlargement of the pond. However there were still concerns regarding erosion and overland flow. Staff met with the Vickers on Thursday, May 7, 2020 to review options for a stormwater outlet. The owners explained their concerns over possible ditch erosion and ongoing maintenance concerns. Staff explained that if an easement is obtained, the City will be responsible for ongoing maintenance of the improvements including the outlet area. The owner informed staff of their preference for a piped outlet with a dissipater still 9 incorporated with the understanding that it is city maintained. After further discussions with the Vickers, developer and City, the final design includes a conventional outlet structure with discharge from Pond 100 to the private ditch with rip rap armor and no plunge pool dissipator. The pond remained oversized further reducing the rate of runoff from the site which is well below the existing conditions. A Permanent Drainage & Utility Easement agreement between the Vickers and the City has been agreed to and was recorded on July 6, 2020-Document No. 2268373.003. The City will be responsible for stormwater maintenance within the easement area. Great River Energy (GRE) has also approved the drainage easement and storm pipe through their easement. Phasing The site will be mass graded in one (1) phase and developed in two (2) phases. Phase 1 has 35 lots and Phase 2 has 33 lots. Utilities Public water, sanitary and storm sewer utilities will be installed within the development. Five (5) watermain and sanitary laterals are stubbed from Red Oak Lane south to 6687 20th Avenue for future development of that parcel. Sanitary Sewer An 8”-10” sanitary sewer pipe, 4” forcemain and lift station will serve the site. The lift station and pipe system will be designed to service a larger area in accordance with our City’s Comprehensive Plan. Both existing houses located at 6651 and 6677 20th Avenue are served by private septic systems. The house located at 6677 20th Avenue is being relocated onto a new lot in the subdivision. Both houses are required to connect to the municipal sanitary sewer system. Watermain A 16” diameter trunk watermain will be installed along Red Oak and Josephine to provide for a future trunk loop to the west. This trunk line is part of the City’s Comprehensive Plan. The remainder of the site will be served by an 8” watermain and loop back into the City’s trunk watermain within Birch Street. The house located at 6651 20th Avenue is connected to municipal city water. The relocated house will also connect to municipal city water. Public Land Dedication The City will require cash in lieu of land dedication. Per the City’s Park, Greenway & Trail System Plan, a future neighborhood park is programmed to the west of this site. Sidewalks along the streets in the development will connect to future trail corridors along CSAH 34 10 (Birch Street) and CSAH 54 (20th Avenue). A 300 foot long trail will be constructed in Outlot F in Phase 2 and will terminate at the lot line. This trail segment will eventually connect to a future trail along the north side of Birch Street. Terminating the trail at the lot line now will prevent vehicles from confusing the trail with a road. Credit will be given for the construction cost of the trail extension to Birch Street in Phase 2. There are 35 lots in the 1st Addition; however, the existing house located at 6677 20th Avenue is being relocated to one of the new lots and will remain on site. Therefore, only 34 lots will be charged park dedication fees. Nadeau Acres 1st Addition 34 lots x $3,150 = $107,100 -Trail Construction Cost Future- Phase 2 TOTAL = $107,100 Tree Preservation The Environmental Coordinator and Environmental Board reviewed the tree preservation and landscape plans. The goal of tree preservation is to minimize unnecessary loss of habitat, biodiversity and forest resource and to replace removed trees in areas where tree cover is most critical. The Tree Inventory Report prepared by Carlson McCain revised January 10, 2020 identifies 750 significant trees on site. Eighty-eight (88) trees were identified as non-significant (e.g. ash trees, elm trees etc.) and will be removed without mitigation requirements. Of the remaining 662 trees, 252 trees will be saved and 410 will be removed. Sheet T4, Tree Preservation Plan identifies the basic use area and environmentally sensitive areas. Five (5) trees are being removed within the natural resource conservation area. Fourteen (14) trees are being removed from the non-ESA and non-basic use areas. This requires 29 replacement trees for mitigation which are provided throughout the development. Landscaping Open area landscaping standards require 1 large tree and 3 large shrubs per 2,000 sf. Existing trees on site may be used to satisfy open area landscaping requirements if applicable by placement. This would only apply to the existing trees on Outlot A. The landscaping plan has been revised to provide adequate open space mitigation for Outlots B, D and E. Outlots C does not require mitigation because it is for future right-of way. Buffer and screen standards apply along CSAH 54 (20th Avenue), specifically Block 4, Lots 12- 15 that have a rear frontage on 20th Avenue. Approximately 475 linear feet of frontage will be screened by shrubs, new trees, and existing trees to provide a continuous planting screen year- round. The Preliminary Landscape Plan shows trees and shrubs planted on two separate berms. It was suggested these berms be combined to provide a continuous berm; however, an opening between the 2 berms is needed to provide rear yard drainage. A triangulated row of coniferous trees will be planted in addition to the berms that will provide appropriate screening. 11 A triangulated row of coniferous trees will also be planted at the north end of Heritage Avenue to screen potential vehicle headlights shining onto the adjacent property. Coniferous trees and shrubs will be planted on Outlot F around the lift station. Boulevard trees are required at the rate of one (1) tree per lot frontage for single family. There are 68 single family lots that require 77 boulevard trees (interior and corner lots). Seventy-nine (79) trees are proposed which is compliant with the ordinance. Alternative Urban Areawide Review (AUAR) The site is not within the 2005 I-35E Corridor AUAR; therefore, no mitigation is required. Traffic Study A Traffic Study was prepared by Spack Solutions on December 6, 2019. The study was based on a concept plan with 74 single family homes. Based on ITE standards and local data collected by Spack Solutions, the development is forecasted to generate approximately 685 new trips per day with 50 new trips in the a.m. peak hours (7-8am) and 65 trips in the p.m. peak hours (4:30-5:30pm). Traffic impacts are analyzed in terms of volume and capacity. Volume quantifies how many vehicles are using the road and capacity quantifies the number of vehicles the road can accommodate. Traffic Volumes Roadway Location Existing Daily Volumes1 2040 Forecasted Daily Volumes2 CSAH 54 (20th Avenue) North of Red Oak Lane 5,300/6,100 14,000 CSAH 54 (20th Avenue) South of Red Oak Lane 5,600/6,100 14,000 CSAH 54 (20th Avenue) South of CSAH 34 (Birch St) 2,900/3,000 14,000 CSAH 34 (Birch Street) West of CSAH 54 (20th Avenue) 3,500/3,150 10,000 1Spack Video Data Collection/2018 AADT Volumes 2Anoka County’s 2040 Transportation Plan Existing traffic volumes near the site are between 5,300-5,600 AADT (annual average daily traffic). Nadeau Acres will generate approximately 685 new trips per day. These new trips added to the existing daily trips are significantly less than the 2040 forecasted daily volumes. Traffic Capacity A ratio of volume to capacity is used to analyze traffic congestion. A road with a volume to capacity ratio of 1.0 means the traffic volume is nearly equal to the traffic capacity and will feel 12 congested to motorists. Per the traffic study, three (3) sections of roadways (20th Ave north of Birch St, 20th Ave south of Birch St and Birch St) were analyzed under Existing, 2024 No- Build and 2024 Build scenarios. No volume to capacity ratio exceeded 0.45. None of study roadways are expected to exceed their daily capacities. Level of Service Level of Service (LOS) is used to describe the operating conditions of an intersection. Facilities are given letter designations from “A” (best operating conditions) to “F” (worst conditions). Section 1001.013(2)(c), Premature Subdivision of the City’s Subdivision Ordinance establishes minimum Level Of Service (LOS) requirements. The ordinance states that if the LOS is A or B, the proposed subdivision shall not the degrade the LOS more than one grade. If the LOS is C or D, it shall not degrade the LOS. Intersections with a LOS of E or F must be improved to ensure a LOS of D or better. Existing Peak Hour LOS Proposed Peak Hour LOS Intersection A.M. Peak P.M. Peak A.M. Peak P.M. Peak 20th Ave & Red Oak Lane B B C C 20th Ave & Birch Street B C B C The proposed Levels of Service do not degrade by more than one (1) LOS; therefore the subdivision is not considered premature. The project is also under review by Anoka County Highway Department. They have identified the need for right and left turn lanes on CSAH 54 (20th Avenue). Per the July 8, 2020 ACHD letter, the County will allow a shortened southbound right turn lane due to existing constraints. The turn lanes were approved by the County on July 30, 2020. CSAH 34 (Birch Street) Corridor Study In April 2011, Anoka County and the City of Lino Lakes hired SRF Consulting Group to develop a corridor study along CSAH 34 (Birch Street). Per the recommended corridor plan, future full-access intersections near Nadeau Acres are every ¼ mile. No access (full or partial) is proposed onto CSAH 34 (Birch Street) from Nadeau Acres. A pedestrian (trail or sidewalk) corridor will connect Nadeau Acres to Birch Street. I-35E/CR J/Centerville Road Staff is aware of current traffic concerns at I-35E/CR J/Centerville Road, but these are outside the scope of Nadeau Acres. These interchanges are currently under evaluation by other government agencies. Ramsey County is working on a federal transportation funding application to reconstruct bridge and ramp terminals and CR J/Centerville Road intersection. Local and County staffs are also working with state representatives on possible preliminary 13 design funding in the State’s bonding bill. Anoka County is also considering a transportation funding application for improvement of the Centerville Road/CR J intersection. Wetlands Kjolhaug Environmental Services Company, Inc. prepared a Wetland Delineation Report dated October 29, 2019. A Notice of Decision was issued by RCWD on December 11, 2019. Kjolhaug Environmental Services Company, Inc. prepared a Wetland Permit Application dated December 23, 2019. Per the report, two (2) wetlands were delineated on site totaling 1.37 acres. Wetland 1 is a Type 1 wet meadow wetland. Wetland 2 is a partially-drained, wet meadow and scrub-shrub wetland. A portion of Wetland 2 southwest of the septic mound discharge outlet was created in upland and is incidental. The proposed project will require 30,826 square feet (sf) (0.7076 acre) of permanent impact to four (4) wetland areas, one of which is incidental for WCA permitting. Replacement will be accomplished via the purchase of wetland banking credits. The site is inside of the boundaries of the Lino Lakes Comprehensive Wetland Protection and Management Plan (CWPMP) area; however, onsite wetlands do not fall within the landscape scale/preliminary Wetland Management Corridor (WMC). Therefore, no WMC buffer on wetlands is required with site development. Rare & Endangered Species Per the December 12, 2019 report prepared by Midwest Natural Resources, no habitats for state- listed plant species were observed during field review. No further surveys are recommended. Floodplain There is no FEMA floodplain on site. 2030 Comprehensive Plan At the time of this staff report, the draft 2040 Comprehensive Plan is under review by the Met Council and has not formally been adopted by the City of Lino Lakes. Therefore, the 2030 Comprehensive Plan is in effect. Nadeau Acres is consistent with the goals and policies of the comprehensive plan in regards to resource management, land use, housing, transportation and utilities. Resource Management System Plan Goals of the Resource Management System Plan include: • Natural Resources and Amenities o Goal #1: Identify, protect and preserve the desirable natural areas and ecological and aquatic resources of the community. • Land Use Policies 14 o Goal #1: Ensure that well-planned, quality residential, commercial, industrial and institutional development to accommodate the city’s projected growth needs occurs in a manner that also conserves and enhances the city’s natural resources and amenities. The Nadeau Acres protects the natural resource by providing storm water management and vegetative buffers. Land Use Plan Goal 1: Create a unified vision and future for the city, promote a well-planned community, prevent fragmented development, address the impacts of development and redevelopment on natural resources, aesthetics and view corridors, and provide balanced land use and connectivity that ensures the integration of both sides of the regional park. Goal 2: Ensure that zoning and subdivision ordinances and official maps are consistent with the intent and specific direction provided within the Comprehensive Plan. Policies: 1. Ensure developers meet the standards specified within the land-use plan and official controls, including zoning and subdivision ordinances and official maps. 2. Ensure compatibility of adjacent land uses. Nadeau Acres meets the land use goals by developing a single family residential subdivision that is consistent with low density residential development as guided by the Comprehensive Land Use Plan. Low density residential development allows for 1.6 to 3.9 units per net acre. The net density for the development is 2.27 units per net acre. This is consistent with density requirements. Housing Plan Goal 3: Ensure housing development is compatible with existing and adjacent land uses and provides accessibility to key community features and natural amenities. Policies include linking trails to parks, lakes and schools. Nadeau Acres meets the goal of the housing plan. The development is compatible with the existing adjacent residential homes. Sidewalk/trail will provide corridors to future trails along CSAH 54(20th Avenue) and CSAH 34 (Birch Street). Economic Development Nadeau Acres does not negatively impact the city’s economic development goals. Transportation Plan Goal 1: Plan for and achieve required street improvements and connectivity throughout the City of Lino Lakes. 15 Goal 2: Ensure that streets and roads are as safe as possible. Nadeau Acres meets the goals of the 2030 Transportation Plan by providing a safe road connection between future neighborhoods, constructing turn lanes along CSAH 54 (20th Avenue) and controlling access management along County roads. Sanitary Sewer Plan Goal 1: Ensure that well-planned, quality residential, commercial, industrial and institutional development to accommodate the City's projected growth needs occurs in a manner that also conserves and enhances the city's natural resources and amenities. Goal 5: Maintain the City's residents and businesses with an affordable and safe sanitary sewer system. Nadeau Acres meets the goals of the sanitary sewer plan. The site is located in Sanitary Sewer District 3 (Sub-district 3C and 3D) and is in 2030 Utility Staging Area 2A (2020-2025). The sanitary sewer system has capacity to serve the development. The sanitary sewer system will also be oversized to accommodate future development to the north and west. Per the 2030 Comprehensive Plan’s Growth Management Policy, the City Council will determine by resolution if the next 10 year, 2A (2020-2025) staging area shall be opened to development. Resolution No. 20-20 was approved and details the findings of fact. Water Supply Plan Goal 4: Provide the City's residents and businesses with affordable potable water that is safe and of high quality for daily consumption and fire demand. Nadeau Acres meets the goals of the water supply plan. The site is served by an 8” watermain extending from the east and loops south to Birch Street. The water system has capacity to serve this residential development. Environmental Board Comments The Environmental Board reviewed the proposed preliminary plat on January 29, 2020. They recommended approval of the project with conditions listed in the April 23, 2020 Memo from the Environmental Coordinator. Conditions include minor revisions to the open space landscaping, boulevard tree diversity and suggested tree species. These revisions have been addressed. Development Agreement A Development Agreement will be has been drafted by the City and shall be executed and recorded by the developer. 16 Homeowners’ Association There is no homeowners’ association required for this development. Title Commitment The City Attorney reviewed the title commitment and final plat. Comments are noted in the resolution. Stormwater Maintenance Agreement The stormwater maintenance of this subdivision and Vicker’s easement will be covered under the City’s Programmatic Maintenance Agreement. Rice Creek Watershed District (RCWD) RCWD issued a CAPROC for Permit #20-002 on July 20, 2020. Findings of Fact The Findings of Fact for the final plat are detailed in Resolution No. 20-83. RECOMMENDATION The Planning & Zoning Board reviewed the final plat on July 8, 2020 and recommended approval with a 6-0 vote. ATTACHMENTS 1. Resolution No. 20-83 2. Final Plat 3. Resolution No. 20-84 4. Development Agreement 1 CITY OF LINO LAKES RESOLUTION NO. 20-83 RESOLUTION APPROVING NADEAU ACRES FINAL PLAT WHEREAS, the City received an application for Nadeau Acres 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: • Nadeau Acres Civil Plan Set and Preliminary Plat prepared by Carlson McCain revision date June 3, 2020 • Nadeau Acres Grading, Development & Erosion Control Plan prepared by Carlson McCain dated July 22, 2020 • Nadeau Acres 1st Addition Sanitary Sewer, Watermain, Storm Sewer and Street Construction prepared by Carlson McCain dated July 22, 2020 • Nadeau Acres Phase I Landscape Plan prepared by Carlson McCain dated June 3, 2020 • Final Plat prepared by Carlson McCain received July 22, 2020 • Stormwater Management Plan prepared by Carlson McCain revision date June 3, 2020 • Stormwater Pollution Prevention Plan prepared by Carlson McCain revision date June 3, 2020; and WHEREAS, the City Council the approved the Preliminary Plat with Resolution No. 20- 20 on May 11, 2020; and WHEREAS, the Planning & Zoning Board reviewed and recommended approval of the Development on July 8, 2020; and WHEREAS, the proposed Development is not considered premature and meets the performance standards of the subdivision and zoning ordinance; and NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby makes the following: FINDINGS OF FACT 1. The final plat substantially conforms to the approved preliminary plat subject to the conditions listed below. 2. The City Attorney reviewed the status of title/property ownership related to the final plat and has comments as noted below. 3. A Development Agreement has been drafted and shall be executed. 4. Conditions attached to approval of the preliminary plat have been fulfilled or secured by the Development Agreement. 2 5. All fees, charges and escrow related to the preliminary or final plat have been paid in full. BE IT FURTHER RESOLVED by the City Council of the City o f Lino Lakes hereby approves Nadeau Acres Final Plat subject to the following conditions: 1. Outlots A, B, C, D and E shall be deeded to the City. 2. A temporary cul de sac easement shall be recorded over the west end of William Lane upon development of that phase. 3. The temporary cul de sac shall be removed, ground restored and the temporary easement released upon extension of William Lane. 4. The private septic system at 6677 20th Avenue shall be removed. 5. The private well at 6677 20th Avenue shall be capped. 6. The private septic system 6651 20th Avenue shall be removed upon development of that phase. 7. The existing house at 6651 20th Avenue shall hook up to municipal sanitary sewer upon development. 8. The existing south driveway of 6709 20th Avenue shall be relocated west onto Red Oak Lane. 9. The existing driveway at 6677 20th Avenue shall be removed in Phase 1 of development. 10. The existing driveway at 6651 20th Avenue shall be removed in Phase 2 of development. 11. A building permit is required for the house relocation at 6677 20th Avenue. 12. The stormwater maintenance for public facilities including the Vickers Permanent Drainage & Utility Easement will be covered under the City’s Programmatic Stormwater Management Agreement. 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 or as noted: 1. Comments from WSB City Engineer memo dated August 3, 2020 shall be addressed. 2. The Development Agreement shall be approved by the City Council, executed and recorded against the property. a. Securities and fees shall be paid. 3. The applicant shall prepare the deeds for Outlots A, B, C, D and E for City review and approval prior to recording. 4. The applicant shall prepare the temporary cul de sac easement for City review and approval prior to recording. 5. Title Commitment: a. Provide evidence of satisfaction of the mortgage shown in paragraph 7 of Schedule B, Part I as the mortgagee is not a signatory to the plat, and presumably the mortgage will be released when BL Holdings becomes the fee owner. 6. Proof that the private septic systems at 6677 20th Avenue and 6651 20th Avenue 3 have been properly removed shall be submitted to the City upon completion. 7. Proof that the private well located at 6677 20th Avenue has been properly capped shall be submitted to the City upon completion. Adopted by the Council of the City of Lino Lakes this 10th day of August, 2020. 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 ENVIRONMENTAL ◦ ENGINEERING ◦ SURVEYING NADEAU ACRES HERITAGE AVE.HERITAGEAVENUEJOSEPHINE LANE RED OAKRED O A K RED OAK LANE (C.S.A.H. NO. 54)20TH AVE. S.LANE LANEE X C E P T I O NWETLAND (SEE SHEET 2 OF 2 FOR DETAILS) INSET 'A'20TH AVE. S.(C.S.A.H. NO. 54) ENVIRONMENTAL ◦ ENGINEERING ◦ SURVEYINGNADEAU ACRESHERITAGE AVENUE HERITAGEJOSEPHINEOAKOAK LANELANELANEAVENUERED WETLANDREDOAKRED LANEINSET 'A'(C.S.A.H. NO. 54)20TH AVE. S. CITY OF LINO LAKES RESOLUTION NO. 20-84 RESOLUTION APPROVING DEVELOPMENT AGREEMENT FOR NADEAU ACRES WHEREAS, the City Council approved the Final Plat for Nadeau Acres with Resolution No. 20- 83 on August 10, 2020; and WHEREAS, the City’s subdivision ordinance and conditions of approval require the execution of a development agreement between the Developer and the City of Lino Lakes. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby approves the Development Agreement between BL Holdings, LLC and the City of Lino Lakes for Nadeau Acres 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 10th day of August, 2020. 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 Nadeau Acres THIS AGREEMENT is made this _____ day of ____________, 2020, by and between the City of Lino Lakes, a Minnesota municipal corporation, and BL Holdings, LLC. (“Developer”). 1. Subdivision. Developer received preliminary plat approval from the City by Resolution No. 20-20 for a plat known as Nadeau Acres (“Subdivision”). Unless otherwise stated, all terms and conditions of this Agreement relate to work within the Subdivision. 2. Final Plat Approval. The City’s approval of the final plat of Nadeau Acres, as legally described on Exhibit A attached hereto, is contingent upon execution and delivery of this agreement and all required petitions, bonds, security, and documents, and satisfaction of all conditions of approval required by Resolution No. 20-83. The Final Plat is attached hereto as Exhibit B. 3. Phased Development. The City may refuse to approve final plats of subsequent additions of the plat if the Developer has breached this Agreement and the breach has not been remedied. Development of subsequent phases may not proceed until Development Agreements for such phases are approved by the City. 4. Developer Plans. a. The Subdivision shall be developed in accordance with the following Developer Plans, original copies of which are on file with the City Engineer. The Developer Plans may be prepared and revised after entering into this Agreement but must be approved by the City before commencement of any work. If the plans vary from the written terms of this Agreement, this Agreement shall control. b. The Developer Plans as of the date of this Agreement are: i. Nadeau Acres Sanitary Sewer, Water Main, Storm Sewer and Street Construction plan set containing 17 sheets, dated June 3, 2020, prepared by Carlson McCain, received June 8, 2020. ii. Nadeau Acres Final Grading plans containing 6 sheets, dated June 3, 2020, prepared by Carlson McCain, received June 8, 2020 iii. Nadeau Acres Landscape plans containing 2 sheets, dated June 3, 2020, prepared by Carlson McCain, received June 8, 2020 iv. Nadeau Acres Tree Preservation Plan containing 4 sheets, dated June 3, 2020, prepared by Carlson McCain, received June 8, 2020 Nadeau Acres Development Agreement August 10, 2020 page 2 v. Nadeau Acres Final Plat containing 2 sheets, prepared by Carlson McCain, received June 8, 2020. 5. Permits. The Developer shall be responsible for securing all site grading and development approvals and 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 these improvements, hereinafter referred to as the “Developer Improvements,” which contractor shall be approved by the City in its absolute discretion. The cost of Developer Improvements is as shown on Exhibit C attached hereto. All Developer Improvements shall require City inspection and approval and, where appropriate, the approval of any other governmental agency having jurisdiction. The Developer shall construct and install at the Developer's expense the following improvements according to the following terms and conditions: a. Site Grading. The site grading was completed through a separate Grading Agreement. i. The site grades shall meet requirements of the Rice Creek Watershed District (RCWD) permit. ii. The site grading shall be in accordance with the grading plan as approved by the City and in accordance with NPDES and RCWD requirements. The Developer shall perform the work in accordance with a Storm Water Pollution Prevention Plan (SWPPP) pursuant to Minnesota Pollution Control Agency (MPCA) requirements. b. Grading and Erosion Control i. The Developer shall grade the site to within 0.2 foot of the grades shown on the approved grading plan. No deviations will be allowed unless a revised plan is submitted and approved by the City and all other regulatory agencies. ii. The street right-of-way, storm water storage ponds, and surface water drainage ways shall be graded prior to commencement of utility construction. Four inches of topsoil shall be installed within open space areas and seed mix information 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. The developer shall provide testing from an approved testing company and include data on building Nadeau Acres Development Agreement August 10, 2020 page 3 pads and roadways as outlined in the City standard specifications for construction. iv. The Developer’s engineer shall certify in writing, with an as-built survey, that all grading complies with the approved grading plan prior to issuance of any building permits. v. The Developer shall promptly clear dirt and debris within public right-of- ways and drainage and utility easements resulting from construction by the Developer, its purchasers, builders and contractors within five (5) days after notification by the City. The Developer shall be responsible for all necessary street and storm sewer maintenance, including street sweeping, until all home construction is completed, unless otherwise released by the City. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on them, including detour signs if necessary. If and when the streets become impassable, such streets shall be barricaded and closed. The Developer shall maintain a smooth, hard driving surface and adequate drainage on all temporary streets. c. Final street grading, subbase, gravel base, concrete curb and gutter, and bituminous base course and wear course shall be furnished and installed. d. Sidewalks, paths and street lighting as required by the City. e. Storm sewers, when determined to be necessary by the City Engineer, including all necessary laterals, catch basins, inlets and other appurtenances, shall be furnished and installed. f. Sanitary sewer mains, laterals or extensions, including all necessary building services and other appurtenances, shall be furnished and installed. g. Water mains, laterals or extensions, including all necessary building services, hydrants, valves and other appurtenances, shall be furnished and installed. h. The Developer shall place iron monuments at all lot, 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. Nadeau Acres Development Agreement August 10, 2020 page 4 i. Landscaping and open space seed establishment shall be furnished and installed in accordance with the approved plans. The open space shall be maintained by the developer until accepted by the City’s Environmental Coordinator. j. The Developer shall arrange for all gas, telephone, fiber optics and electric utility services to the Subdivision in accordance with City Code and State law. The utilities are required to be located within a joint trench. Street light installations shall be initiated by the Developer with City Engineer approval. The Developer is solely responsible for the cost of utility installation. k. The Developer shall install mailboxes in accordance with Federal and Postal Service regulations. 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 June 30, 2021. The Developer may request a reasonable extension of time from the City. If the extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 8. City Improvements. No City improvements are proposed to be constructed for this subdivision. 9. Record Drawings. a. Upon project completion, Developer shall submit record drawings, in electronic format, of all public and private infrastructure improvements, including grading, sanitary sewer, watermain, storm sewer facilities, and roads, constructed by Developer. The files shall be drawn in Anoka County NAD 83 Coordinate system and provided in both AutoCAD .dwg and Adobe .pdf file formats. The plans shall include accurate locations, dimensions, elevations, grades, slopes and all other pertinent information concerning the complete work. b. The Developer shall submit certified compaction testing results for the site grading operations. c. A summary of the record plan attribute data for the storm sewer, watermain, and sanitary sewer structures and pipes shall be submitted in the form of an Excel Spreadsheet as provided by the City Engineer. d. No securities will be fully released until all record drawings have been submitted and accepted by the City Engineer. Nadeau Acres Development Agreement August 10, 2020 page 5 10. Faithful Performance of Construction Contracts and Security. a. The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Developer Improvements. Concurrent with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on one hundred fifty (150%) percent of the total estimated cost of Developer's Improvements. b. Irrevocable Letter of Credit. If an Irrevocable Letter of Credit is utilized, it shall be for the exclusive use and benefit of the City of Lino Lakes and shall state that it is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Agreement and construction of all required improvements referenced therein in accordance with the ordinances and specifications of the City. The letter shall be in a form, and from a bank, as approved by the City. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this agreement. The Irrevocable Letter of Credit shall be automatically extended for additional periods of one year from present or future expiration dates on an annual basis, unless at least sixty (60) days prior to the expiration date, the Community Development Director and City Engineer, are notified by certified mail or overnight courier, that the Letter of Credit will not be extended. c. Alternatively, the Developer may enter into a Public Improvement Surety Agreement, subject to City approval. d. Reduction of Security. The Developer may request reduction of the Letter of Credit or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. 11. Warranty. The Developer warrants all utility work required to be performed by it against poor material and faulty workmanship for a period of two years after its completion and acceptance by the City. All new streets shall be warranted by the developer for a period of one year from the time the final inspection of the street is completed and accepted by the City. All trees, grass and sod shall be warranted to be alive, of good quality and disease free for 12 months after planting. Prior to final acceptance of the Developer Improvements the City shall require a Performance Bond or Cash Escrow to cover the warranty provisions of this Agreement. The amount shall be determined by the City Engineer. 12. Dedication. The Developer shall dedicate to the City, at no cost to the City, any permanent or temporary easements that may be necessary for the construction and Nadeau Acres Development Agreement August 10, 2020 page 6 installation of the Developer Improvements. All such easements required by the City shall be in writing, in recordable form, containing such terms and conditions as the City shall determine. 13. Ownership of Improvements. Upon completion and City acceptance of the work and construction required by this Agreement, the public improvements lying within public right-of-way and easements shall become City property without further notice or action unless the improvements are to be deemed private infrastructure. 14. Recording and Release. The Developer agrees that the terms of this Development Agreement shall be a covenant on any and all property included in the Subdivision. The Developer agrees that the City shall have the right to record a copy of this Development Agreement with the Anoka County Recorder to give notice to future purchasers and owners. This shall be recorded against the Subdivision described on Page 1. 15. Escrow for City’s Costs. a. The Developer agrees to establish a non-interest bearing escrow account with the City in an amount determined by the City Administrator or his designee for the payment of all costs incurred by the City related to the development of the Subdivision including, but not limited to, the following (See Exhibit C for breakdown of costs): i. Planning/ Review ii. Administration - 3% of Developer Improvement Costs iii. City Engineering iv. Street lighting installation (by utility company, developer to initiate) v. Traffic signing improvements vi. Boulevard tree planting vii. Street, storm sewer and pond maintenance viii. Property Taxes. Should the recording of the Final Plat occur after July 1st, any and all property taxes on any public property dedicated as a part of this plat shall be the responsibility of the Developer. b. If the above escrow amounts are insufficient, the Developer shall make such additional deposits as required by the City. The City shall have a right to reimburse itself from the Escrow with suitable documentation supporting the charges. Nadeau Acres Development Agreement August 10, 2020 page 7 16. Developer Fees. At the time of execution of this Agreement, the Developer shall pay the following fees related to the development of the Subdivision (See Exhibit C for breakdown of costs): a. Park Dedication 34 units x $3,150 per unit = $107,100 Trail construction costs will be credited in the future Phase 2 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. Sealcoating. The Developer will pay the cost of sealcoating the streets within the development at a cost of $32,314. The sealcoating will be completed within three to seven years following completion of the wear course placement. d. GIS Mapping Fees e. Trunk Sewer Connection Fees The City established trunk utility connection fees to uniformly distribute the costs of public trunk sanitary sewer infrastructure. The Trunk Utility Connection Fee consists of two components; a Trunk Charge and an Availability Charge. Trunk Charge The trunk charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. Residential trunk charges are based on one unit per dwelling unit. Commercial/Industrial/Institutional (CII) trunk charges are based on a factor of 2.92 units per acre. Sanitary Sewer $1,606.00 Per Unit Availability Charge For residential properties, the availability charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. Commercial/Industrial/Institutional availability charges shall be paid at the time of building permit. Fees are based on the number of sanitary access charge (SAC) units assigned by Metropolitan Council Environmental Services (MCES). Residential uses shall be assigned one unit per dwelling unit unless otherwise noted by MCES. Nadeau Acres Development Agreement August 10, 2020 page 8 City Sewer (CSAC) $1,502.00 Per SAC Unit Trunk sewer unit charges addressed under this paragraph are in addition to any SAC charges imposed by Metropolitan Council Environmental Services. An estimate of the total charge and the trunk utility credit for developer installed trunk oversizing is specified in Exhibit C. f. Trunk Water Connection Fees The City established trunk utility connection fees to uniformly distribute the costs of public trunk water infrastructure. The Trunk Utility Connection Fee consists of two components; a Trunk Charge and an Availability Charge. Trunk Charge The trunk charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. Residential trunk charges are based on one unit per dwelling unit. Commercial/Industrial/Institutional (CII) trunk charges are based on a factor of 2.92 units per acre. Water $2,306.00 Per Unit Availability Charge For residential properties, the availability charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. Commercial/Industrial/Institutional availability charges shall be paid at the time of building permit. Fees are based on the number of sanitary access charge (SAC) units assigned by Metropolitan Council Environmental Services (MCES). Residential uses shall be assigned one unit per dwelling unit unless otherwise noted by MCES. City Water (CWAC) $1,451.00 Per SAC Unit An estimate of the total charge and the trunk utility credit for developer installed trunk oversizing is specified in Exhibit C. g. Surface Water Management Area Charges The City established a trunk area charge to uniformly distribute the costs of public trunk surface water infrastructure and water quality improvements. The Nadeau Acres Development Agreement August 10, 2020 page 9 Surface Water Management Charge shall be based on developable acreage, in the amount specified in Exhibit C. The charge shall be paid at the time of subdivision approval. 17. Assessment of Charges and Waiver of Rights. a. In consideration of the construction of City Improvements listed in Paragraph 8 and /or provision of sewer, water and storm water services, the Developer agrees that the costs of City Improvements together with Trunk Sewer Unit Charge, Trunk Water Unit Charge and the Surface Water Management Area Charge (collectively, “the Charges”) may be assessed against the Subdivision parcels. The Developer hereby waives any and all procedural and substantive objections to the special assessments, including notice and hearing requirements, any claim that the assessments exceed the benefit to the properties, and any right to appeal. b. Unless the Developer pays the entire balance owed for the Charges contemporaneously with the execution of this Agreement, the Developer shall provide to the City a cash escrow or irrevocable letter of credit in an amount equal to 35% of the total assessments for the Charges as estimated by the City Engineer (see Exhibit C). The letter of credit shall be in a form, and from a bank, as approved by the City. The letter of credit or cash escrow may be used by the City upon default by Developer in the payment of special assessments. The cash escrow or letter of credit shall remain in place throughout the term of the special assessments. The letter of credit may not be terminated without the City’s written consent. c. Developer, its heirs, successors or assigns, agrees that within 30 days after the date of sale of a lot, the Developer, its heirs, successors or assigns, at its own cost and expense, shall pay the entire unpaid charges assessed or to be assessed under this agreement against such property. d. If a certificate of occupancy is issued before the special assessments have been levied, the Developer, its heirs, successors or assigns shall pay the City the sum of cash equal to 120% of the Engineer's estimate of the special assessments for such Charges that would be levied against the property. Upon such payment the City shall issue a certificate showing the assessments are paid in full. Notwithstanding the issuance of said certificate, the Developer shall be liable to the City for any deficiency and the City shall pay the Developer any surplus arising from the payment based upon such estimate. e. Acceleration upon Default. In the event the Developer violates any of the covenants, conditions or agreements herein, violates any ordinance, rule or regulation of the City, County of Anoka, State of Minnesota or other Nadeau Acres Development Agreement August 10, 2020 page 10 governmental entity having jurisdiction over the plat or development, or fails to pay when due any installment of any special assessment levied pursuant to this agreement, or any interest thereon, the City at its option, in addition to its rights and remedies hereunder, after 10 days written notice to the Developer, may declare all of the unpaid special assessments which are then estimated or levied pursuant to this agreement due and payable in full, with interest. The City may seek recovery of such special assessments due and payable from the security provided herein. In the event that such security is insufficient to pay the outstanding amount of such special assessments plus accrued interest the City may certify such outstanding special assessments in full to the County Auditor pursuant to Minnesota Statutes section 429.061, subdivision 3, for collection the following year. The City, at its option, may commence legal action against the Developer to collect the entire unpaid balance of the special assessments then estimated or levied pursuant hereto, with interest, including reasonable attorney's fees, and Developer shall be liable for such special assessments and, if more than one, such liability shall be joint and several. In addition to any other rights and remedies upon Developer’s default, the City may refuse to issue building permits and/or Certificates of Occupancy for any property within the Subdivision until such time as such default has been corrected to the satisfaction of the City. The Developer agrees to reimburse the City for all costs incurred by the City in the enforcement of this agreement, or any portion thereof, including court costs and reasonable engineering and attorneys' fees, if the City prevails in any enforcement action. 18. Building Permits. No building permits shall be issued until: a. Site grading, certified compaction testing, City sewer, water, storm sewer, and bituminous base construction of the streets, temporary street signs, gas, electric, and telephone are completed and approved by the City, except as provided below. i. Model Homes: Structures may be installed as model homes consistent with City ordinance upon approval of the final plat. A record drawing of the site grading for the model home lots shall be submitted prior to issuance of building permits for the model homes. ii. If any building permits for model homes are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, the Developer, its contractors, subcontractors, material men, employees, agents or third parties. Any such costs shall be reimbursed from Developer’s escrow. Nadeau Acres Development Agreement August 10, 2020 page 11 19. Special Provisions. a. Homeowners’ Association Covenants and Restrictions-Not applicable, there is no Homeowner’s Association for Nadeau Acres. 20. Hours of Construction Activity. All construction activity shall be limited to the hours as follows: Monday through Friday 7:00 a.m. to 7:00 p.m. Saturday 9:00 a.m. to 5:00 p.m. Sunday and Holidays No working hours allowed 21. Insurance. Developer or its general contractor shall take out and maintain until one year after the City accepted the Developer Improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's or general contractor’s work, as the case may be, or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than Five Hundred Thousand and no/100 ($500,000.00) Dollars for one person and One Million and no/100 ($1,000,000.00) Dollars for each occurrence; limits for property damage shall be not less than One Million and no/100 ($1,000,000.00) Dollars for each occurrence; or a combination single limit policy of Two Million and no/100 ($2,000,000.00) Dollars or more. The City, its employees, its agents and assigns shall be named as an additional insured on the policy, and the Developer or its general contractor shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. 22. Developer’s Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than 48 hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, levy the cost in whole or in part as a special assessment against the Subject Property. Developer waives its rights to notice of hearing and hearing on such assessments and its right to appeal such assessments pursuant to Minnesota Statutes, chapter 429. 23. General. a. Binding Effect Nadeau Acres Development Agreement August 10, 2020 page 12 The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land, unless otherwise released pursuant to section 14 of this Agreement. b. Validity. If a portion, section, subsection, sentence, clause, paragraph or phrase in this agreement is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Development Agreement. c. Notices Whenever in this agreement it shall be required or permitted that notice or demand be given or served by either party to this agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses below by certified mail (return receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties are as set forth until changed by notice given as above. BL Holdings, LLC Attn: Larry Olson 7567 162nd Avenue NE Columbus, MN 55025 Community Development Director City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 Nadeau Acres Development Agreement August 10, 2020 page 13 24. Land Use Controls a. Nadeau Acres is approved by the City Council by Ordinance No. 02-20, Resolution No. 20-20 and Resolution No. 20-83. b. Per Resolution No. 20-83 approving the final plat, the following conditions apply: i. Outlots A, B, C, D and E shall be deeded to the City. ii. A temporary cul de sac easement shall be recorded over the west end of William Lane upon development of that phase. iii. The temporary cul de sac shall be removed, ground restored and the temporary easement released upon extension of William Lane. iv. The private septic system at 6677 20th Avenue shall be removed. v. The private well at 6677 20th Avenue shall be capped. vi. The private septic system 6651 20th Avenue shall be removed upon development of that phase. vii. The existing house at 6651 20th Avenue shall hook up to municipal sanitary sewer upon development. viii. The existing south driveway of 6709 20th Avenue shall be relocated west onto Red Oak Lane. ix. The existing driveway at 6677 20th Avenue shall be removed in Phase 1 of development. x. The existing driveway at 6651 20th Avenue shall be removed in Phase 2 of development. xi. A building permit is required for the house relocation at 6677 20th Avenue. xii. The stormwater maintenance for public facilities including the Vickers Permanent Drainage & Utility Easement will be covered under the City’s Programmatic Stormwater Management Agreement. Nadeau Acres Development Agreement August 10, 2020 page 14 DEVELOPER CITY OF LINO LAKES By ______________________ By _________________________ Mayor Its ______________________ ATTEST By _________________________ City Clerk STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) This instrument was acknowledged before me on ________ day of ____________, 2020, 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 ____________, 2020 by Julianne Bartell as City Clerk of the City of Lino Lakes on behalf of said City. _______________________________ Notary Public STATE OF MINNESOTA ) ) SS Nadeau Acres Development Agreement August 10, 2020 page 15 COUNTY OF __________ ) On this _______ day of _______________, 2020, 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 Nadeau Acres Development Agreement August 10, 2020 page 16 EXHIBIT A Legal Description That part of the East Half of the Northeast Quarter of Section 26, Township 31, Range 22, Anoka County, Minnesota, described as follows: Commencing at the Southeast corner of said East Half of the Northeast Quarter; thence North along the East line of said East Half of the Northeast Quarter, a distance of 941.14 feet to the North line of the South 941.00 feet thereof, also being the point of beginning; thence westerly, along said North line of the South 941.00 feet thereof, a distance of 865.13 feet to the West line of the East 865.00 feet of said East Half of the Northeast Quarter; thence southerly, along said westerly line, a distance of 196.03 feet to the North line of the South 745.00 feet of said East Half of the Northeast Quarter; thence westerly, along said North line, a distance of 135.02 feet to the West line of the East 1000.00 feet of said East Half of the Northeast Quarter; thence southerly, along said West line, a distance of 495.07 feet to the North line of EAST BIRCH ADDITION, according to the recorded plat thereof, Anoka County, Minnesota; thence easterly, along said North line of EAST BIRCH ADDITION, a distance of 611.39 feet to the Northwest corner of Outlot A, said EAST BIRCH ADDITION; thence southerly, along the West line of said Outlot A, a distance of 190.00 feet to the southerly line of said Outlot A; thence easterly, along said southerly line said Outlot A, a distance of 60.00 feet to the East line of said Outlot A; thence northerly, along said East line of said Outlot A, a distance of 148.74 feet to the North line of the South 208.71 feet of said East Half of the Northeast Quarter; thence easterly, along said North line, a distance of 120.02 feet to the West line of the East 208.71 feet of said East Half of the Northeast Quarter; thence northerly, along said West line, a distance of 417.46 feet to the North line of the South 626.11 feet of said East Half of the Northeast Quarter; thence easterly, along said North line, a distance of 208.74 feet to said East line of the East Half of the Northeast Quarter; thence northerly, along said East line, a distance of 314.94 to said point of beginning. AND That part of the East Half of the Northeast Quarter of Section 26, Township 31, Range 22, Anoka County, Minnesota, described as follows: Commencing at the Southeast corner of said East Half of the Northeast Quarter; thence Northerly, along the East line of said Northeast Quarter, a distance of 1100.00 feet to the actual point of beginning; thence westerly along a line parallel with the South line of said East Half of the Northeast Quarter, a distance of 610.00 feet; thence northerly, along a line parallel with the East line of said East Half of the Northeast Quarter, a distance of 220.00 feet; thence westerly along a line parallel with the South line of said East Half of the Northeast Quarter, a distance of 48.00 feet; thence northerly, along a line parallel with the East line of said East Half of the Northeast Quarter, a distance of 345.00 feet; thence westerly, along a line parallel with the South line of said East Half of the Northeast Quarter, a distance of 659.7 feet, more or less, to the West line of said East Half of the Northeast Quarter; thence southerly, along said westerly line, a distance of 919.95 feet, more or less, to the North line of the South 745.00 feet of said East Half of the Northeast Quarter; thence easterly, along said northerly line, a distance of 449.55 feet, to the West line of the East 865.00 feet of Nadeau Acres Development Agreement August 10, 2020 page 17 said East Half of the Northeast Quarter; thence northerly, along said West line a distance of 196.03 feet, to the North line of the South 941.00 feet of said East Half of the Northeast Quarter; thence easterly along said North line, a distance of 865.13 feet, to the East line of said East Half of the Northeast Quarter; thence northerly, along said East line, a distance of 158.86 feet to said point of beginning. AND That part of the Northeast Quarter of Section 26, Township 31, Range 22, Anoka County, Minnesota, described as follows: Beginning at a point on the East line of and 1320.00 feet North of the Southeast corner of said Northeast Quarter; thence North along said East line, 345.00 feet; thence West on a line parallel with the South line of said Northeast Quarter 658.00 feet; thence South, parallel with said East line of the Northeast Quarter, 345.00 feet; thence East, parallel with said South line of the Northeast Quarter, 658.00 feet to the point of beginning, EXCEPT that part described as follows: Commencing at the Southeast corner of said Northeast Quarter; thence North 00 degrees 23 minutes 08 seconds West, assumed bearing along the East line of said Northeast Quarter, 1380.00 feet to the point of beginning; thence continuing North 00 degrees 23 minutes 08 seconds West, along said East line, 285.00 feet; thence North 89 degrees 24 minutes 11 seconds West, parallel with the South line of said Northeast Quarter, 262.00 feet; thence South 00 degrees 23 minutes 08 seconds East, 170.00 feet; thence South 31 degrees 05 minutes 22 seconds East, 135.12 feet to the North line of the South 1380.00 feet as measured along said East line of the Northeast Quarter, thence South 89 degrees 24 minutes 11 seconds East, along said North line 193.00 feet to said point of beginning. Nadeau Acres Development Agreement August 10, 2020 page 18 EXHIBIT B Final Plat ENVIRONMENTAL ◦ ENGINEERING ◦ SURVEYING NADEAU ACRES HERITAGE AVE.HERITAGEAVENUEJOSEPHINE LANE RED OAKRED O A K RED OAK LANE (C.S.A.H. NO. 54)20TH AVE. S.LANE LANEE X C E P T I O NWETLAND (SEE SHEET 2 OF 2 FOR DETAILS) INSET 'A'20TH AVE. S.(C.S.A.H. NO. 54) ENVIRONMENTAL ◦ ENGINEERING ◦ SURVEYINGNADEAU ACRESHERITAGE AVENUE HERITAGEJOSEPHINEOAKOAK LANELANELANEAVENUERED WETLANDREDOAKRED LANEINSET 'A'(C.S.A.H. NO. 54)20TH AVE. S. Nadeau Acres Development Agreement August 10, 2020 page 19 EXHIBIT C Securities, Escrows & Fees 7/31/2020 EXHIBIT C Securities, Escrows & Fees PROJECT: Nadeau Acres NUMBER OF REU's:35 APPLICANT: BL Holdings, Inc.NO. OF LOT FRONTAGES 41 AREA (ACRE):12.7 IMPROVEMENTS COST DEVELOPER IMPROVEMENT COSTS (Public) SITE GRADING $0 EROSION CONTROL $0 LANDSCAPING $13,600 TRAIL $0 STREETS & SIDEWALK $432,000 STORM SEWER CONST.$257,500 SANITARY SEWER CONST.$434,000 WATERMAIN CONST.$338,500 ENGINEERING & SURVEYING $8,700 Total $1,484,300 Surety Agreement X 125%$1,855,375 ESCROW for CITY'S COSTS PLANNING/ REVIEW $1,500 ADMINISTRATION $44,530 ENGINEER PLAN REVIEW $4,300 ENGINEER CONSTRUCTION SERVICES $74,215 PROJECT FINAL DOCUMENTS & CITY ENGINEER $5,200 STREET LIGHT INSTALLATION $12,500 STREET & STORMWATER MAINTENANCE $3,000 PROPERTY TAXES $0 TRAFFIC AND SIGNING IMPROVEMENTS $1,800 BOULEVARD TREE PLANTING $19,885 Total $166,930 DEVELOPMENT FEES PARK DEDICATION $107,100 PARK DEDICATION CREDIT $0 Subtotal Park Dedication Fee $107,100 AUAR $0 SEAL COATING FEE $32,314 GIS MAPPING FEE $3,690 STREET LIGHTING OPERATION $600 Total $143,704 TRUNK SANITARY SEWER TRUNK CHARGE PER (UNIT)$56,210 AVAILABILITY CHARGE PER SAC UNIT $52,570 TRUNK SANITARY SEWER CREDIT $0 TRUNK WATERMAIN TRUNK CHARGE PER (UNIT)$80,710 AVAILABILITY CHARGE PER SAC UNIT $50,785 TRUNK WATERMAIN CREDIT $0 TOTAL TRUNK SEWER & WATER FEES $240,275 SURFACE WATER MANAGEMENT $92,939 SURFACE WATER MANAGEMENT CREDIT $0 TOTAL SURFACE WATER MANAGEMENT FEES $92,939 Total $333,214 Letter of Credit Amount X 35% $116,625 SUMMARY OF SECURITIES, ESCROW & FEES SECURITY: DEVELOPER IMP'MENT COSTS $1,855,375 ESCROW FOR CITY COSTS $166,930 DEVELOPMENT FEES $143,704 SECURITY: TRUNK FEES $116,625 1 CITY COUNCIL AGENDA ITEM 6C STAFF ORIGINATOR: Michael Grochala, Community Development Director MEETING DATE: August 10, 2020 TOPIC: Resolution No. 20-89, Approving St. Clair Estates Security and Escrow Release VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council consideration to release remaining security and escrow funds for the St. Clair Estates Development. BACKGROUND The City Council approved the Development Agreement for St. Clair Estates on February 27, 2017. The agreement, between the City and St. Clair Land Company was filed for record with Anoka County on August 2, 2017. Under the terms of the agreement St. Clair Land Company posted a cash escrow for payment of all costs incurred by the City related to the development of the subdivision and a letter of credit to secure completion of all developer improvements. In October of 2019, following prior notice, the City drew down on the letter of credit in the amount of $71,000 to cover costs related to outstanding and incomplete work. On October 14, 2019, the City Council awarded contracts to four contractors to complete work on the St. Clair Project (Resolution’s No. 19-132, 133, 134 and 135). These included: 1. $22,594.00 to Midwest Landscapes to complete open space tree and shrub plantings in accordance with the approved landscaping plan. 2. $2,645.00 to ARC Asphalt Restoration Co., Inc., for driveway repair damaged by sidewalk replacement. 3. $12,058.10 to Olson’s Sewer Service/Excavating Service for surface water manage system corrections and cleanup. 4. $31,680.00 to Prairie Restorations, Inc., for vegetative restoration of open space areas and landscaping of the Enid Island infiltration basin in accordance with the approved landscaping plan. ANALYSIS As of this date all of the work has been completed with the exception of the vegetative restoration of open space areas (outlots A and B). Site preparation including spraying, burning and/or mowing will continue through fall, with seeding and erosion control installed during the 2 September/October seeding window. Approximately $16,060 remains to be paid out on this contract with Prairie Restorations. On July 27, 2020 staff informed the City Council of the pending Letter of Credit release. With no objection from the City Council the remaining $20,000 Letter of Credit was returned to Lake Elmo State Bank on July 28, 2020. Staff is proposing the following actions: 1. $45,105.90 of the original $71,000 draw down has been paid out on the existing contracts. The City has $16,060 remaining in outstanding obligations to Prairie Restoration Inc. The remaining balance in the amount of $9,834.10 can be released. 2. The City originally received $104,900 to cover city incurred costs including, but not limited to, administration, engineering, street light and boulevard tree installation. The City has incurred $93,284.26 in reimbursable expenses related to the subdivision. The City will retain an additional $9,567.50 of cash escrow for payment of pending consultant invoices and release the balance of the cash escrow in the amount of $2,048.24. Documentation supporting the charges will be submitted to the Developer. Staff anticipates some additional expenditures related to the project will be incurred over the course of contract completion. Upon release of the escrow these will not be reimbursable. Staff is estimating this at approximately $1,500. RECOMMENDATION Staff is recommending approval of Resolution No. 20-89. ATTACHMENTS 1. Resolution No. 20-89 1 CITY OF LINO LAKES RESOLUTION NO. 20-89 RELEASING DEVELOPMENT SECURITIES ST. CLAIR ESTATES WHEREAS, the City Council approved the Development Agreement for St. Clair Estates on February 27, 2017, recorded for record with Anoka County on August 2, 2017 as document no. 2177331.005; and WHEREAS, City collected escrows, fees, and security to cover City incurred costs related to the development and to secure the completion of improvements as required; and WHEREAS, on October 1, 2019 the City drew upon the Letter of Credit to complete the improvements on St. Clair Estates; and WHEREAS, the City is nearing completion of improvements; and WHEREAS, the City released the $20,000 Letter of Credit on July 28, 2020, NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby makes the following: 1. The balance of the LOC draw, less outstanding obligations of $16,060, may be released in the amount of $9,834.10. 2. The balance of the City escrow, less outstanding and pending obligations of $9,567.50, in the amount of $2,048.24 be released and documentation supporting the charges be provided to the developer. BE IT FURTHER RESOLVED that the City Council acknowledges that following release of the above securities, any additional expenditures related to the St. Clair development will be the responsibility of the City. Adopted by the Council of the City of Lino Lakes this 10th day of August, 2020. 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