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09-14-2020 Council Packet
EXPANDED AGENDA CITY COUNCIL AGENDA Monday, September 14, 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) Mike Fisher, 867 Lois Lane, brought forward concerns about the City’s complaint process, safety of waving flags at intersections, and signs containing obscenity Setting the Agenda: Addition or Deletion of Agenda Items The agenda was approved as presented PROCLAMATION Proclaiming the week of September 17-23 as United States Constitution Week 1. CONSENT AGENDA A) Consideration of Expenditures: i) September 14, 2020 (Check No. 112817 through 112928) in the amount of $671,457.10. B) Consider Approval of August 10, 2020 Closed Council Minutes C) Consider Approval of August 10, 2020 Council Meeting Minutes D) Consider Approval of August 24, 2020 Council Meeting Minutes E) Consider Approval of SRO Contract 2020, Sarah Cotton F) Consider Resolution No. 20-106, Declaring Cost to Be Assessed and Calling Hearing on Proposed Assessment, 2020 Weed Abatement Charges, Michael Grochala Action Taken: Motion by Lyden, seconded by Stoesz, to approve Consent Agenda Items 1A through 1F as presented was adopted 2. FINANCE DEPARTMENT REPORT No report 3. ADMINISTRATION DEPARTMENT REPORT A) Consider Appointment of Finance Director, Sarah Cotton Council Agenda -2- September 14, 2020 Action Taken: Motion by Cavegn, seconded by Ruhland, to approve the appointment of Hannah Lynch as recommended, was adopted B) Consider Election Judge Salary Schedule, Julie Bartell Action Taken: Motion by Stoesz, seconded by Lyden, to approve the salary schedule as presented, was adopted C) Consider Temporary Wage Increase for Accountant, Sarah Cotton Action Taken: Motion by Stoez, seconded by Cavegn, to approve the temporary wage increase as recommended, was adopted 4. PUBLIC SAFETY DEPARTMENT REPORT A) Consider Appointment of Police Officers, John Swenson Action Taken: Motion by Lyden, seconded by Stoesz, to approve the appointment of Quillan Oak and Georgia Carlson as recommended, was adopted B) Consider Acceptance of K9 Donation, John Swenson Action Taken: Motion by Ruhland, seconded by Cavegn, to accept the donation as recommended, was adopted 5. PUBLIC SERVICES DEPARTMENT REPORT A) Consider Resolution No. 20-103, Awarding 2020 Lino Lakes Facilities Touchless Entry Upgrades Project, Rick DeGardner Action Taken: Motion by Cavegn, seconded by Lyden, to approve Resolution No. 20-103 as presented, was adopted B) Consider Resolution No. 20-104, Approving Improvements To Access Control System , Rick DeGardner Action Taken: Motion by Ruhland, seconded by Lyden, to approve Resolution No. 20-104 as presented, was adopted C. Consider Resolution No. 20-105, Approving Electrical Installation Agreement, Rick DeGardner Action Taken: Motion by Ruhland, seconded by Lyden, to approve Resolution No. 20-105 as presented, was adopted 6. COMMUNITY DEVELOPMENT REPORT A) Natures Refuge, Katie Larsen i. Consider Resolution No. 20-81 approving PUD Final Plan/Final Plat Action Taken: Motion by Lyden, seconded by Ruhland, to approve Resolution No. 20-81 as presented, was adopted ii. Consider Resolution No. 20-82 approving Development Agreement Council Agenda -3- September 14, 2020 Action Taken: Motion by Stoesz, seconded by Ruhland, to approve Resolution No. 20-82 as presented, was adopted B) Consider Resolution No. 20-98 Approving Preliminary Plat for Otter Crossing, Katie Larsen Action Taken: Motion by Ruhland, seconded by Stoesz, to approve Resolution No. 20-98 as presented, was adopted C) Consider Resolution No. 20-99 Approving a Variance for Roofing Materials for 7831 Lake Drive, Katie Larsen Action Taken: Motion by Cavegn, seconded by Ruhland, to approve a variance for the home but not the two garages. Motion carried on a voice vote; Councilmember Stoesz and Mayor Rafferty recorded as voting no. D) Stern Addition, Katie Larsen i. Consider Resolution No. 20-96 Approving Final Plat Action Taken: Motion by Cavegn, seconded by Ruhland, to approve Resolution No. 20-96 as presented, was adopted ii. Consider Resolution No. 20-97 Approving Development Agreement Action Taken: Motion by Cavegn, seconded by Ruhland, to approve Resolution No. 20-97 as presented, was adopted 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Proclamations and Special Recognition September 13-19 Direct Professionals Recognition Week (honoring professionals who provide care to disabled persons) Community Calendar – A Look Ahead September 14, 2020 through September 28, 2020 Monday, September 21 6:30 pm, Council Chambers Spec. Council Mtg/Wk Session Monday, September 28 6:00 pm, Council Chambers Council Work Session Monday, September 28 6:30 pm, Council Chambers City Council Meeting CITY COUNCIL AGENDA Monday, September 14, 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 PROCLAMATION Proclaiming the week of September 17-23 as United States Constitution Week 1. CONSENT AGENDA A) Consideration of Expenditures: i) September 14, 2020 (Check No. 112817 through 112928) in the amount of $671,457.10. B) Consider Approval of August 10, 2020 Closed Council Minutes C) Consider Approval of August 10, 2020 Council Meeting Minutes D) Consider Approval of August 24, 2020 Council Meeting Minutes E) Consider Approval of SRO Contract 2020, Sarah Cotton F) Consider Resolution No. 20-106, Declaring Cost to Be Assessed and Calling Hearing on Proposed Assessment, 2020 Weed Abatement Charges, Michael Grochala 2. FINANCE DEPARTMENT REPORT No report 3. ADMINISTRATION DEPARTMENT REPORT A) Consider Appointment of Finance Director, Sarah Cotton B) Consider Election Judge Salary Schedule, Julie Bartell C) Consider Temporary Wage Increase for Accountant, Sarah Cotton 4. PUBLIC SAFETY DEPARTMENT REPORT A) Consider Appointment of Police Officers, John Swenson B) Consider Acceptance of K9 Donation, John Swenson Council Agenda -2- September 14, 2020 5. PUBLIC SERVICES DEPARTMENT REPORT A) Consider Resolution No. 20-103, Awarding 2020 Lino Lakes Facilities Touchless Entry Upgrades Project, Rick DeGardner B) Consider Resolution No. 20-104, Approving Improvements To Access Control System, Rick DeGardner C. Consider Resolution No. 20-105, Approving Electrical Installation Agreement, Rick DeGardner 6. COMMUNITY DEVELOPMENT REPORT A) Natures 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) Consider Resolution No. 20-98 Approving Preliminary Plat for Otter Crossing, Katie Larsen C) Consider Resolution No. 20-99 Approving a Variance for Roofing Materials for 7831 Lake Drive, Katie Larsen D) Stern Addition, Katie Larsen i. Consider Resolution No. 20-96 Approving Final Plat ii. Consider Resolution No. 20-97 Approving Development Agreement 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Proclamations and Special Recognition September 13-19 Direct Professionals Recognition Week (honoring professionals who provide care to disabled persons) Community Calendar – A Look Ahead September 14, 2020 through September 28, 2020 Monday, September 21 6:30 pm, Council Chambers Spec. Council Mtg/Wk Session Monday, September 28 6:00 pm, Council Chambers Council Work Session Monday, September 28 6:30 pm, Council Chambers City Council Meeting PROCLAMATION CONSTITUTION WEEK SEPTEMBER 17-23, 2020 WHEREAS, September 17, 2020, marks the two hundred thirty-third anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and, WHEREAS, it is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary, and to the patriotic celebrations which will commemorate it; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week; NOW THEREFORE, BE IT RESOLVED that I, Rob Rafferty, Mayor of the City of Lino Lakes, do hereby proclaim the week of September 17 through 23, 2019 as CONSTITUTION WEEK and urge all citizens to study the Constitution, and reflect on the privilege of being an American with all the rights and responsibilities which that privilege involves. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Lino Lakes to be affixed. Adopted by the Lino Lakes City Council on September 14th, 2020. __________________________ Rob Rafferty, Mayor __________________________ Attest: Julie Bartell, City Clerk Expenditures September 14, 2020 Check #112817 to #112928 $671,457.10 City of Lino Lakes Activity Codes Code Description Code Description 401 Mayor/Council 817 Spring Fling 402 Administration 818 Winter Festival 403 Elections 819 Community Gardens 404 Cable TV 822 Family Corn Roast 405 Charter Administration 827 Gobbler Games 407 Finance 830 Adult Golf Lessons 414 Legal Consultants 835 Youth Skating Class 415 Economic Development 850 Golf Academy 416 Planning & Zoning 856 Youth Soccer 417 Engineering 857 Soccer Fundamentals 418 Community Development 860 Secret Shop 420 Police Protection 864 Preschool Playtime 421 Fire Protection 868 Little Goblins Party 422 Building Inspections 871 Flag Football 430 Streets 875 Snow Day 431 Fleet Management 876 Kite Day 432 Government Buildings 877 Rockin' in the Park 450 Parks 879 Movies in the Park 451 Recreation 890 Senior Programs 461 Environmental 462 Solid Waste Abatement 463 Forestry 494 Water 495 Sanitary Sewer 499 Other 802 Dodgeball Camp 806 Youth T-Ball 808 Youth Baseball Camp 810 Youth Playground 811 Youth Safety Camp 812 Youth Art Camps 814 Senior Programs/Book Club AP Checks by Account Number 09/14/2020 City Council Meeting Vendor Fund/Dept Account Amount Check # Description Springbrook Software LLC 101-000 101-000-1550-000 16,768.67 112910 Prepay 2021 Maintenance AFLAC 101-000 101-000-2040-000 76.34 112830 Insurance Premium AFSCME Council #5 101-000 101-000-2040-000 463.41 112825 PR Batch 00002.09.2020 Union Dues AFSCME Central Pension Fund 101-000 101-000-2040-000 3,600.00 112817 Central Pension Fund Delta Dental of Minnesota 101-000 101-000-2040-000 446.50 112857 Dental Insurance Premiums Fidelity Security Life Insurance Co. 101-000 101-000-2040-000 19.18 112869 September Vision Insurance International Union 101-000 101-000-2040-000 525.00 112826 PR Batch 00002.09.2020 Union Dues 49ers Law Enforcement Labor Services 101-000 101-000-2040-000 1,302.00 112827 PR Batch 00002.09.2020 Union Dues LELS Lincoln National Life Ins Co 101-000 101-000-2040-000 1,089.41 112885 Life Insurance Premiums Lincoln National Life Ins Co 101-000 101-000-2040-000 92.50 112885 Life Insurance Premiums Medica 101-000 101-000-2040-000 3,602.02 112887 Health Insurance Premiums NCPERS Group Life Insurance 101-000 101-000-2040-000 272.00 112819 Life Insurance Premiums Medica 101-000 101-000-2041-000 8,514.30 112887 Health Insurance Premiums Delta Dental of Minnesota 101-000 101-000-2044-000 1,112.50 112857 Dental Insurance Premiums Fidelity Security Life Insurance Co. 101-000 101-000-2048-000 86.08 112869 September Vision Insurance Lincoln National Life Ins Co 101-000 101-000-3416-000 0.14 112885 Life Insurance Premiums 101-000 Total 37,970.05 Medica 101-402 101-402-4131-000 538.42 112887 Health Insurance Premiums Lincoln National Life Ins Co 101-402 101-402-4133-000 66.80 112884 Disability Insurance Premiums Lincoln National Life Ins Co 101-402 101-402-4133-000 7.53 112885 Life Insurance Premiums Delta Dental of Minnesota 101-402 101-402-4134-000 88.20 112857 Dental Insurance Premiums Kennedy & Graven Chartered 101-402 101-402-4310-000 475.25 112882 Lino Lakes Officer 299A Claim Shred-it c/o Stericycle Inc. 101-402 101-402-4410-000 24.42 112909 Document Destruction 101-402 Total 1,200.62 Bartell Julianne 101-403 101-403-4200-000 30.00 112843 Trail mix for Election Judges Election Systems & Software LLC 101-403 101-403-4200-000 4,506.19 112860 Check-In Protective Shields & Check-In Protective Shield boxes Hogstad Osterhues Lisa 101-403 101-403-4330-000 53.48 112878 Mileage Press Publications Inc. 101-403 101-403-4340-000 64.03 112903 Public Notice of Special Election 2/11/2020 Centennial Community Education 101-403 101-403-4410-000 362.50 112848 Election Polling Site Supervisor 101-403 Total 5,016.20 Medica 101-407 101-407-4131-000 1,662.57 112887 Health Insurance Premiums Lincoln National Life Ins Co 101-407 101-407-4133-000 28.28 112884 Disability Insurance Premiums Lincoln National Life Ins Co 101-407 101-407-4133-000 3.38 112885 Life Insurance Premiums Delta Dental of Minnesota 101-407 101-407-4134-000 66.14 112857 Dental Insurance Premiums Springbrook Software LLC 101-407 101-407-4310-000 8,384.33 112910 2020 Annual Maintenance Press Publications Inc. 101-407 101-407-4340-000 98.50 112903 Annual Disclosure of Tax Increment Districts Anoka County Property Records & Taxation 101-407 101-407-4410-000 108,516.00 112839 2020 Assessment Contract 101-407 Total 118,759.20 GDO Law 101-414 101-414-4303-000 8,500.00 112873 August Legal Prosecutor Contract GDO Law 101-414 101-414-4303-000 31.50 112873 August Legal Forfeitures 101-414 Total 8,531.50 Techtron Engineering Inc. 101-415 101-415-4300-000 750.00 112918 Regulated Materials Survey - 7685 Lake Dr MN Metro North Tourism Board 101-415 101-415-4900-000 3,781.00 112893 July Tourism Tax 101-415 Total 4,531.00 Medica 101-416 101-416-4131-000 538.43 112887 Health Insurance Premiums Lincoln National Life Ins Co 101-416 101-416-4133-000 25.19 112884 Disability Insurance Premiums Lincoln National Life Ins Co 101-416 101-416-4133-000 2.25 112885 Life Insurance Premiums Delta Dental of Minnesota 101-416 101-416-4134-000 44.10 112857 Dental Insurance Premiums 101-416 Total 609.97 Medica 101-418 101-418-4131-000 538.42 112887 Health Insurance Premiums Lincoln National Life Ins Co 101-418 101-418-4133-000 43.08 112884 Disability Insurance Premiums Lincoln National Life Ins Co 101-418 101-418-4133-000 4.50 112885 Life Insurance Premiums Delta Dental of Minnesota 101-418 101-418-4134-000 44.10 112857 Dental Insurance Premiums Anoka County Government Center 101-418 101-418-4300-000 20.00 112838 Public Notary - Waterman 101-418 Total 650.10 Medica 101-420 101-420-4131-000 18,296.85 112887 Health Insurance Premiums Lincoln National Life Ins Co 101-420 101-420-4133-000 609.27 112884 Disability Insurance Premiums Lincoln National Life Ins Co 101-420 101-420-4133-000 61.98 112885 Life Insurance Premiums Delta Dental of Minnesota 101-420 101-420-4134-000 906.24 112857 Dental Insurance Premiums Innovative Office Solutions LLC 101-420 101-420-4200-000 103.29 112880 Toner Cartridge Innovative Office Solutions LLC 101-420 101-420-4200-000 41.91 112880 Tape Labels Envelopes Innovative Office Solutions LLC 101-420 101-420-4200-000 174.04 112880 Toner Pens Rubber bands Staples Business Credit 101-420 101-420-4200-000 64.80 112911 Post-It Notes Notepads Pens Page 1 AP Checks by Account Number 09/14/2020 City Council Meeting Vendor Fund/Dept Account Amount Check # Description Emergency Automotive Technologies 101-420 101-420-4240-000 135.00 112863 Pansonic Body Cam Cradle Installation Emergency Automotive Technologies 101-420 101-420-4240-000 135.00 112863 Pansonic Body Cam Charging Cradle Installation Emergency Automotive Technologies 101-420 101-420-4240-000 135.00 112863 Pansonic Body Cam Cradle Installation Personnel Evaluations Inc. 101-420 101-420-4300-000 236.00 112901 PEP Testing UPS/United Parcel Service 101-420 101-420-4322-000 23.98 112922 Shipping Aspen Mills Inc. 101-420 101-420-4370-000 849.00 112841 Body Armor - Paulson Aspen Mills Inc. 101-420 101-420-4370-000 120.00 112841 Uniform Allowance - Hallin Aspen Mills Inc. 101-420 101-420-4370-000 219.00 112841 Uniform Allowance - Leibel Aspen Mills Inc. 101-420 101-420-4370-000 431.43 112841 Reintegration of Officer Noll Aspen Mills Inc. 101-420 101-420-4370-000 269.00 112841 Uniform Allowance - Paulson Streicher's Inc. 101-420 101-420-4370-000 53.99 112915 Uniform Allowance - Paulson Connexus Energy 101-420 101-420-4381-000 30.35 112852 Electric Xcel Energy 101-420 101-420-4381-000 3.45 112927 Electric-Police Aspen Mills Inc. 101-420 101-420-4386-000 25.70 112841 Reserve Uniform - Rehnke Anoka County Treasury Office 101-420 101-420-4410-000 21.63 112840 July 2020 Language Line Usage Metro Sales Incorporated 101-420 101-420-4410-000 43.14 112890 Copier Maintenance Ricoh/MP 4055SP Copier Otter Lake Animal Care Center 101-420 101-420-4410-000 95.00 112900 3 Surrender Dogs - Owner Claimed Shred-it c/o Stericycle Inc. 101-420 101-420-4410-000 48.84 112909 Document Destruction Twin Cities Transport & Recovery 101-420 101-420-4410-000 85.00 112919 Tow Charge 101-420 Total 23,218.89 Medica 101-421 101-421-4131-000 1,313.91 112887 Health Insurance Premiums Lincoln National Life Ins Co 101-421 101-421-4133-000 50.52 112884 Disability Insurance Premiums Lincoln National Life Ins Co 101-421 101-421-4133-000 4.40 112885 Life Insurance Premiums Delta Dental of Minnesota 101-421 101-421-4134-000 63.96 112857 Dental Insurance Premiums Nardini Fire Equipment Co 101-421 101-421-4211-000 185.55 112895 Recharge Fire Extinguisher Ancom Communications 101-421 101-421-4240-000 125.00 112836 Remote Speaker Emergency Apparatus Maintenance 101-421 101-421-4240-000 108.21 112862 Recoil replacement Finke Brian 101-421 101-421-4330-000 323.94 112870 Undergraduate course completion - Finke 101-421 Total 2,175.49 Medica 101-422 101-422-4131-000 1,680.96 112887 Health Insurance Premiums Lincoln National Life Ins Co 101-422 101-422-4133-000 72.38 112884 Disability Insurance Premiums Lincoln National Life Ins Co 101-422 101-422-4133-000 7.87 112885 Life Insurance Premiums Delta Dental of Minnesota 101-422 101-422-4134-000 88.20 112857 Dental Insurance Premiums 101-422 Total 1,849.41 Medica 101-430 101-430-4131-000 2,699.36 112887 Health Insurance Premiums Lincoln National Life Ins Co 101-430 101-430-4133-000 119.64 112884 Disability Insurance Premiums Lincoln National Life Ins Co 101-430 101-430-4133-000 12.38 112885 Life Insurance Premiums Delta Dental of Minnesota 101-430 101-430-4134-000 198.45 112857 Dental Insurance Premiums CCP Industries 101-430 101-430-4211-000 456.00 112847 Safety shirts and vests Frattallone's/Circle Pines Ace 101-430 101-430-4211-000 4.49 112871 Concrete Mix Menards - Forest Lake 101-430 101-430-4211-000 95.70 112888 Concrete Mix Safe-Fast Inc. 101-430 101-430-4211-000 416.20 112906 Body harness hand sanitizer web retractable Menards - Forest Lake 101-430 101-430-4223-000 124.76 112888 Supplies City of St. Paul 101-430 101-430-4224-000 3,652.32 112850 Asphalt Mix Safe-Fast Inc. 101-430 101-430-4370-000 7.95 112906 Safety safari hat Anoka County Treasury Office 101-430 101-430-4385-000 831.55 112840 2nd Quarter 2020 Signal Maintenance Connexus Energy 101-430 101-430-4385-000 1,544.87 112852 Electric Xcel Energy 101-430 101-430-4385-000 532.57 112927 Electric-Street Lights Xcel Energy 101-430 101-430-4385-000 4,055.86 112927 Electric-Street Lights All Seasons Rental Inc. 101-430 101-430-4415-000 40.30 112833 Post hole auger for sign post installations 101-430 Total 14,792.40 Medica 101-431 101-431-4131-000 1,084.08 112887 Health Insurance Premiums Lincoln National Life Ins Co 101-431 101-431-4133-000 27.28 112884 Disability Insurance Premiums Lincoln National Life Ins Co 101-431 101-431-4133-000 3.37 112885 Life Insurance Premiums Delta Dental of Minnesota 101-431 101-431-4134-000 66.15 112857 Dental Insurance Premiums Safety-Kleen Systems Inc. 101-431 101-431-4211-000 50.42 112907 30G Parts Washer Service - Solvent Mansfield Oil Company 101-431 101-431-4212-000 3,789.88 112886 Conv 87 Oct E-10 Mansfield Oil Company 101-431 101-431-4212-000 973.75 112886 Dyed B20 ULS2 Clean365 Allied Oil & Supply Inc. 101-431 101-431-4221-000 1,033.70 112834 Bulk engine oil - 55 gallon drums Auto Nation Ford White Bear Lake 101-431 101-431-4221-000 55.25 112842 Keyless entry Auto Nation Ford White Bear Lake 101-431 101-431-4221-000 7.61 112842 Nuts and gasket Auto Nation Ford White Bear Lake 101-431 101-431-4221-000 -6.47 112842 Return nuts and gasket Auto Nation Ford White Bear Lake 101-431 101-431-4221-000 102.76 112842 Rotor #307 Page 2 AP Checks by Account Number 09/14/2020 City Council Meeting Vendor Fund/Dept Account Amount Check # Description Auto Nation Ford White Bear Lake 101-431 101-431-4221-000 -55.25 112842 Keyless entry returned Auto Nation Ford White Bear Lake 101-431 101-431-4221-000 -1.14 112842 Return - nuts Blaine Brothers 101-431 101-431-4221-000 31.57 112845 Drain plug assembly #215 Blaine Brothers 101-431 101-431-4221-000 43.08 112845 Filter cover bolt #215 Blaine Brothers 101-431 101-431-4221-000 26.32 112845 Plug #218 Factory Motor Parts Company 101-431 101-431-4221-000 70.45 112865 Rear brake rotor #804 Factory Motor Parts Company 101-431 101-431-4221-000 127.80 112865 Rotor and brake pads Factory Motor Parts Company 101-431 101-431-4221-000 15.87 112865 Valve cover set Factory Motor Parts Company 101-431 101-431-4221-000 681.77 112865 Police brake rotors Factory Motor Parts Company 101-431 101-431-4221-000 115.27 112865 Battery Factory Motor Parts Company 101-431 101-431-4221-000 38.15 112865 Accumulator Assembly #378 Factory Motor Parts Company 101-431 101-431-4221-000 -93.42 112865 Return rotors Fastenal Company 101-431 101-431-4221-000 72.02 112866 Hardware inventory - small nuts and bolts O'Reilly Automotive Stores 101-431 101-431-4221-000 4.62 112899 Tire pressure monitor sensor service kit O'Reilly Automotive Stores 101-431 101-431-4221-000 3.88 112899 Oil filter #308 O'Reilly Automotive Stores 101-431 101-431-4221-000 119.99 112899 30 lb Refrigerant O'Reilly Automotive Stores 101-431 101-431-4221-000 45.98 112899 5 qt motoroil O'Reilly Automotive Stores 101-431 101-431-4221-000 68.98 112899 Oil filers and air filter O'Reilly Automotive Stores 101-431 101-431-4221-000 20.96 112899 Temp sender #605 O'Reilly Automotive Stores 101-431 101-431-4221-000 12.83 112899 Band clamp #382 Stepp Manufacturing Co. Inc. 101-431 101-431-4221-000 38.00 112914 60 lb Gas Spring Ziegler Inc. 101-431 101-431-4221-000 46.82 112928 Relay #251 Custom Fire Apparatus Inc. 101-431 101-431-4410-000 267.78 112855 Engine II #620 Repair Emergency Apparatus Maintenance 101-431 101-431-4410-000 236.11 112862 Engine E-11 #620 Inspection Emergency Apparatus Maintenance 101-431 101-431-4410-000 1,518.92 112862 Ladder A-11 #641 Repair Emergency Apparatus Maintenance 101-431 101-431-4410-000 157.41 112862 Grass Rig G-11 #605 Inspection Emergency Apparatus Maintenance 101-431 101-431-4410-000 669.05 112862 Grass Rig G-21 #606 Repair Emergency Apparatus Maintenance 101-431 101-431-4410-000 157.41 112862 Grass Rig G-21 #606 Inspection Emergency Apparatus Maintenance 101-431 101-431-4410-000 2,288.93 112862 Ladder A-11 #611 Repair 101-431 Total 13,917.94 Innovative Office Solutions LLC 101-432 101-432-4200-000 356.12 112880 Folders post-it notes batteries paper mouse pads Frattallone's/Circle Pines Ace 101-432 101-432-4211-000 6.49 112871 Doorbell Wipers & Wipes Inc. 101-432 101-432-4211-000 150.72 112926 Low density can liner Aker Doors Inc. 101-432 101-432-4211-501 7.00 112832 #5 Hinge Dalco Inc. 101-432 101-432-4211-503 568.81 112856 Toilet tissue paper towels kleenex Dalco Inc. 101-432 101-432-4211-503 382.44 112856 Toilet tissue paper towels garbage can Dalco Inc. 101-432 101-432-4211-503 671.59 112856 Toilet tissue paper towels hand soap garbage can Dalco Inc. 101-432 101-432-4211-503 294.95 112856 Garbage bags compostable roll hand soap Winnick Supply Inc. 101-432 101-432-4211-503 41.58 112925 Plumbing Trap - City Hall Bathroom Anoka County Treasury Office 101-432 101-432-4300-500 75.00 112840 Site 115 Sept 2020 CAC Fiber Anoka County Treasury Office 101-432 101-432-4300-501 75.00 112840 Site 116 Sept 2020 CAC Fiber Aid Electric Corporation 101-432 101-432-4300-503 173.40 112831 Replace switch at CH & PD Aid Electric Corporation 101-432 101-432-4300-503 212.54 112831 Black receptacle and switches in PD Aid Electric Corporation 101-432 101-432-4300-503 196.30 112831 Troubleshoot hot water circulating pumps for CH Aid Electric Corporation 101-432 101-432-4300-503 300.74 112831 Add receptacle for projector in PD training room Aid Electric Corporation 101-432 101-432-4300-503 544.22 112831 Repair restroom at PD Aker Doors Inc. 101-432 101-432-4300-503 1,289.00 112832 Torsion spring replacement Anoka County Treasury Office 101-432 101-432-4300-503 75.00 112840 Site 117 Sept 2020 CAC Fiber Industrial Hygiene Services Corporation 101-432 101-432-4300-503 889.94 112879 Fungal Sampling Meridian Energy Products 101-432 101-432-4300-503 2,987.00 112889 Electrical work City Hall Lot 1 Northern Air Corporation 101-432 101-432-4300-503 82.42 112898 Boiler repair TDS Metrocom MN 101-432 101-432-4321-000 198.22 112820 Phone Service Comcast 101-432 101-432-4321-502 697.21 112851 September Phone & Internet - 1710 Birch St CenturyLink 101-432 101-432-4321-503 58.45 112818 Phone-Civic Complex Fire Protection Equipment Quadient Finance USA Inc. 101-432 101-432-4322-000 500.00 112904 Postage Machine Postage Connexus Energy 101-432 101-432-4381-500 980.10 112852 Electric Xcel Energy 101-432 101-432-4381-501 741.24 112927 Electric-Fire Station #1 Xcel Energy 101-432 101-432-4381-502 947.63 112927 Electric-Fire Station #2 Xcel Energy 101-432 101-432-4381-503 7,322.34 112927 Electric-Civic Complex Ace Solid Waste Inc. 101-432 101-432-4384-500 385.91 112822 Trash & Recycling - 1189 Main Street Ace Solid Waste Inc. 101-432 101-432-4384-500 62.71 112823 Commingle Recycling 1189 Main Street Ace Solid Waste Inc. 101-432 101-432-4384-501 76.35 112822 Trash & Recycling - 7741 Lake Drive Ace Solid Waste Inc. 101-432 101-432-4384-501 133.32 112823 Can Recycling Fire Station #1 Page 3 AP Checks by Account Number 09/14/2020 City Council Meeting Vendor Fund/Dept Account Amount Check # Description Ace Solid Waste Inc. 101-432 101-432-4384-502 141.40 112822 Trash & Recycling - 1710 Birch Street Ace Solid Waste Inc. 101-432 101-432-4384-503 418.20 112822 Trash & Recycling - 640 Town Center Pkwy Republic Services #899 101-432 101-432-4384-503 137.29 112828 September Organic Recycling City Hall Metro Sales Incorporated 101-432 101-432-4410-000 383.22 112890 Copier Maintenance Ricoh/MP C3504 Color Copier & Ricoh/MP 6002SP Coverall of the Twin Cities 101-432 101-432-4410-500 749.00 112854 Cleaning Metro Sales Incorporated 101-432 101-432-4410-500 92.88 112890 Copier Maintenance Ricoh/MP C306SPF Copier AmeriPride Services Inc. 101-432 101-432-4410-501 172.20 112835 Mats Coverall of the Twin Cities 101-432 101-432-4410-501 280.00 112854 Cleaning AmeriPride Services Inc. 101-432 101-432-4410-502 198.36 112835 Mats Coverall of the Twin Cities 101-432 101-432-4410-502 362.00 112854 Cleaning CES Imaging 101-432 101-432-4410-503 80.00 112849 August Plotter/Scanner Maintenance CES Imaging 101-432 101-432-4410-503 97.40 112849 Replace Inv #116301 July Plotter/Scanner CES Imaging 101-432 101-432-4410-503 -81.74 112849 Credit Inv #116301 July Plotter/Scanner Coverall of the Twin Cities 101-432 101-432-4410-503 2,292.00 112854 Cleaning Coverall of the Twin Cities 101-432 101-432-4410-503 1,094.00 112854 Cleaning Metro Sales Incorporated 101-432 101-432-4410-503 87.43 112890 Copier Maintenance Ricoh/MP C306SPF Color Copier Metro Sales Incorporated 101-432 101-432-4410-503 145.80 112890 Copier Maintenance Contract Ricoh/MP C307 Color Copier Star Tribune 101-432 101-432-4410-503 136.24 112912 13 week subscription MN Department of Labor & Industry 101-432 101-432-4452-000 30.00 112892 Boiler Pressure Valve 101-432 Total 28,299.42 Medica 101-450 101-450-4131-000 1,999.40 112887 Health Insurance Premiums Lincoln National Life Ins Co 101-450 101-450-4133-000 100.21 112884 Disability Insurance Premiums Lincoln National Life Ins Co 101-450 101-450-4133-000 11.69 112885 Life Insurance Premiums Delta Dental of Minnesota 101-450 101-450-4134-000 185.20 112857 Dental Insurance Premiums CCP Industries 101-450 101-450-4211-000 456.00 112847 Safety shirts and vests Connexus Energy 101-450 101-450-4381-000 67.42 112852 Electric Xcel Energy 101-450 101-450-4381-000 166.84 112927 Electric-Parks Ace Solid Waste Inc. 101-450 101-450-4384-000 207.91 112822 Trash & Recycling - Sunrise Park Jimmy's Johnnys 101-450 101-450-4410-000 110.00 112881 Toilet Rental - Highland Meadows Jimmy's Johnnys 101-450 101-450-4410-000 110.00 112881 Toilet Rental - Sunrise Park Jimmy's Johnnys 101-450 101-450-4410-000 110.00 112881 Toilet Rental - Marshan Park Jimmy's Johnnys 101-450 101-450-4410-000 110.00 112881 Toilet Rental - City Hall Park Jimmy's Johnnys 101-450 101-450-4410-000 110.00 112881 Toilet Rental - Behm's Park Jimmy's Johnnys 101-450 101-450-4410-000 213.00 112881 Toilet Rental Repair - Birch Park Jimmy's Johnnys 101-450 101-450-4410-000 110.00 112881 Toilet Rental - Clearwater Creek Jimmy's Johnnys 101-450 101-450-4410-000 110.00 112881 Toilet Rental - Birch Park Jimmy's Johnnys 101-450 101-450-4410-000 110.00 112881 Toilet Rental - Lino Park 101-450 Total 4,287.67 Medica 101-451 101-451-4131-000 218.26 112887 Health Insurance Premiums Lincoln National Life Ins Co 101-451 101-451-4133-000 5.70 112884 Disability Insurance Premiums Lincoln National Life Ins Co 101-451 101-451-4133-000 0.45 112885 Life Insurance Premiums Delta Dental of Minnesota 101-451 101-451-4134-000 8.82 112857 Dental Insurance Premiums 101-451 Total 233.23 Medica 101-461 101-461-4131-000 201.91 112887 Health Insurance Premiums Lincoln National Life Ins Co 101-461 101-461-4133-000 7.28 112884 Disability Insurance Premiums Lincoln National Life Ins Co 101-461 101-461-4133-000 0.85 112885 Life Insurance Premiums Delta Dental of Minnesota 101-461 101-461-4134-000 16.53 112857 Dental Insurance Premiums 101-461 Total 226.57 Medica 101-462 101-462-4131-000 134.61 112887 Health Insurance Premiums Lincoln National Life Ins Co 101-462 101-462-4133-000 4.85 112884 Disability Insurance Premiums Lincoln National Life Ins Co 101-462 101-462-4133-000 0.56 112885 Life Insurance Premiums Delta Dental of Minnesota 101-462 101-462-4134-000 11.03 112857 Dental Insurance Premiums 1st Choice Document Destruction 101-462 101-462-4410-000 600.00 112829 Shredding and recycling - 2240 pounds Ace Solid Waste Inc. 101-462 101-462-4410-000 89.98 112822 Organic Recycling - Clearwater Creek Ace Solid Waste Inc. 101-462 101-462-4410-000 185.41 112822 Organic Recycling - Birch Park Ace Solid Waste Inc. 101-462 101-462-4410-000 102.87 112822 Organic Recycling - Lino Park Ace Solid Waste Inc. 101-462 101-462-4410-000 230.46 112822 Organic Recycling - Marshan Park Press Publications Inc. 101-462 101-462-4410-000 35.00 112903 Ad 2019 Volunteers for BHD Parade 101-462 Total 1,394.77 Medica 101-463 101-463-4131-000 201.91 112887 Health Insurance Premiums Lincoln National Life Ins Co 101-463 101-463-4133-000 7.28 112884 Disability Insurance Premiums Lincoln National Life Ins Co 101-463 101-463-4133-000 0.84 112885 Life Insurance Premiums Delta Dental of Minnesota 101-463 101-463-4134-000 16.54 112857 Dental Insurance Premiums Page 4 AP Checks by Account Number 09/14/2020 City Council Meeting Vendor Fund/Dept Account Amount Check # Description Upper Cut Tree Service 101-463 101-463-4410-000 725.00 112921 Tree cleanup Whitetail/Buckthorn 101-463 Total 951.57 Anoka County Attorney's Office 207-420 207-420-4300-000 244.00 112837 Forfeiture Distribution Anoka County Attorney's Office 207-420 207-420-4300-000 136.40 112837 Forfeiture Distribution Anoka County Attorney's Office 207-420 207-420-4300-000 853.80 112837 Forfeiture Distribution State of MN - Department of Finance 207-420 207-420-4300-000 122.00 112913 Forfeiture Distribution State of MN - Department of Finance 207-420 207-420-4300-000 68.20 112913 Forfeiture Distribution State of MN - Department of Finance 207-420 207-420-4300-000 426.90 112913 Forfeiture Distribution 207-420 Total 1,851.30 Kimball Midwest 212-499 212-499-4200-000 200.50 112883 Elections floor signs Dalco Inc. 212-499 212-499-4211-000 157.00 112856 Purell Disinfectant Dalco Inc. 212-499 212-499-4211-000 60.48 112856 Purell hand sanitizer Dalco Inc. 212-499 212-499-4211-000 120.63 112856 Lysol disinfectant Taho Sportswear Inc. 212-499 212-499-4211-000 135.00 112917 Black mask - 30 ct Twin City Fab Inc. 212-499 212-499-4211-000 397.25 112920 Covid Frame Frontier Concrete & Masonry 212-499 212-499-4300-000 7,810.00 112872 Remove and replace concrete island - 7741 Lake Dr Ace Solid Waste Inc. 212-499 212-499-4384-000 659.01 112824 Construction Roll Off 7741 Lake Drive SHI International Corp 212-499 212-499-5000-000 4,714.84 112908 Laptop tablets hardware 212-499 Total 14,254.71 North Memorial Health 401-000 401-000-3740-421 2,400.00 112896 Refund June & July Ambulance Lease Payment 401-000 Total 2,400.00 Midway Ford Company 402-431 402-431-5000-000 37,279.89 112891 2020 Ford F-350 Chassis - Streets #268 402-431 Total 37,279.89 Dunaway Construction 405-499 405-499-4300-120 11,781.20 112858 Payment Application #2 405-499 Total 11,781.20 Earl F. Andersen 422-499 422-499-4300-000 161.55 112859 Wollan Park Signs 422-499 Total 161.55 Bituminous Roadways Inc. 425-499 425-499-4300-134 64,370.89 112844 2020 12th Ave S Trail Improvements 425-499 Total 64,370.89 Haugo Geo Technical Services LLC 486-499 486-499-4300-000 432.00 112876 Concrete testing North Valley Inc. 486-499 486-499-4400-000 182,699.15 112897 East Cedar Street/Elm Crest Ave N Improvement Project 486-499 Total 183,131.15 Springbrook Software LLC 601-000 601-000-1550-000 1,871.67 112910 Prepay 2021 Maintenance 601-000 Total 1,871.67 Medica 601-494 601-494-4131-000 1,606.94 112887 Health Insurance Premiums Lincoln National Life Ins Co 601-494 601-494-4133-000 6.84 112885 Life Insurance Premiums Lincoln National Life Ins Co 601-494 601-494-4133-000 46.64 112884 Disability Insurance Premiums Delta Dental of Minnesota 601-494 601-494-4134-000 134.52 112857 Dental Insurance Premiums Aker Doors Inc. 601-494 601-494-4211-000 90.00 112832 Aluminum bottle retainer and seal CCP Industries 601-494 601-494-4211-000 228.51 112847 Safety shirts and vests Ferguson Waterworks #2518 601-494 601-494-4211-000 19.06 112868 Floating flags for water Ferguson Waterworks #2518 601-494 601-494-4211-000 1,087.23 112868 Water parts Ferguson Waterworks #2518 601-494 601-494-4211-000 109.68 112868 Gate sign and manhole sign Harold's Trucking 601-494 601-494-4211-000 1,200.00 112875 6 Loads of Sandfill Core & Main LP 601-494 601-494-4215-000 3,323.39 112853 Meters Hawkins Inc. 601-494 601-494-4222-000 5.00 112877 150 LB Chlorine Cylinder Muellner Blacktop Inc. 601-494 601-494-4300-000 2,800.00 112894 Asphalt patching - Buckthorn Ln & Whitetail Tr Valley-Rich Co. Inc. 601-494 601-494-4300-000 5,337.30 112923 Excavator pump & generator tractor - Whitetail Tr/Buckthorn Ln Springbrook Software LLC 601-494 601-494-4310-000 935.83 112910 2020 Annual Maintenance TDS Metrocom MN 601-494 601-494-4321-000 39.41 112820 Phone Service Circle Pines Post Office 601-494 601-494-4322-000 380.88 112821 Utility Billing Postage Safe-Fast Inc. 601-494 601-494-4370-000 10.29 112906 Safety glasses Connexus Energy 601-494 601-494-4381-000 2,609.62 112852 Electric Xcel Energy 601-494 601-494-4381-000 6,242.49 112927 Electric-Water Gopher State One-Call 601-494 601-494-4410-000 356.40 112874 August Tickets T.A. Schifsky and Sons Inc. 601-494 601-494-4410-129 23,727.67 112916 Pheasant Hills Water Main Repair 601-494 Total 50,297.70 Springbrook Software LLC 602-000 602-000-1550-000 1,871.67 112910 Prepay 2021 Maintenance 602-000 Total 1,871.67 Medica 602-495 602-495-4131-000 1,606.96 112887 Health Insurance Premiums Lincoln National Life Ins Co 602-495 602-495-4133-000 46.65 112884 Disability Insurance Premiums Lincoln National Life Ins Co 602-495 602-495-4133-000 6.89 112885 Life Insurance Premiums Delta Dental of Minnesota 602-495 602-495-4134-000 134.52 112857 Dental Insurance Premiums Page 5 AP Checks by Account Number 09/14/2020 City Council Meeting Vendor Fund/Dept Account Amount Check # Description CCP Industries 602-495 602-495-4211-000 228.51 112847 Safety shirts and vests Ferguson Waterworks #2518 602-495 602-495-4211-000 68.55 112868 Gate sign and manhole sign Menards - Forest Lake 602-495 602-495-4211-000 9.97 112888 Supplies - Rotor W.W. Goetsch Associates Inc. 602-495 602-495-4211-000 41.76 112924 Hydromatic O-Ring Ferguson Enterprises LLC #3326 602-495 602-495-4240-000 695.24 112867 Manhole Cover Electric Pump Inc. 602-495 602-495-4300-000 649.35 112861 Removed loaner pump and installed pump at LS #5 Electric Pump Inc. 602-495 602-495-4300-000 5,399.16 112861 Repair pump at LS #5 Ritter & Ritter Sewer Service Inc. 602-495 602-495-4300-000 11,982.45 112905 Sewer cleaning Springbrook Software LLC 602-495 602-495-4310-000 935.83 112910 2020 Annual Maintenance Circle Pines Post Office 602-495 602-495-4322-000 380.88 112821 Utility Billing Postage Safe-Fast Inc. 602-495 602-495-4370-000 10.29 112906 Safety glasses Connexus Energy 602-495 602-495-4381-000 627.93 112852 Electric Xcel Energy 602-495 602-495-4381-000 1,878.03 112927 Electric-Sewer Gopher State One-Call 602-495 602-495-4410-000 356.40 112874 August Tickets 602-495 Total 25,059.37 Boulder Contracting LLC 801-000 801-000-2318-000 900.00 112846 Escrow Release - 2114 21st Ave S Eternity Homes LLC 801-000 801-000-2318-000 5,400.00 112864 Escrow Release - 6551 Enid Trail Prairie Restorations Inc. 801-000 801-000-2353-106 2,210.00 112902 St. Clair Estates Site Preparation and Burning 801-000 Total 8,510.00 Grand Total 671,457.10 Page 6 Electronic Funds Transfer MN Statute 471.38 Subd. 3 Council Meeting September 14, 2020 Transfer In/(Out) 8/17/2020 HSA Bank ER Contribution - Monson July & Aug (416.66) 8/21/2020 Payroll #17 (133,057.08) 8/21/2020 Payroll #17 Federal Deposit (39,385.74) 8/21/2020 Payroll #17 PERA (41,108.30) 8/21/2020 Payroll #17 State (9,229.46) 8/21/2020 Payroll #17 Child Support (276.29) 8/21/2020 Payroll #17 H.S.A. Bank Pretax (3,105.88) 8/21/2020 Payroll #17 TASC Pretax (993.83) 8/21/2020 Payroll #17 ICMA 457 Def. Comp #301596 (4,365.00) 8/21/2020 Payroll #17 ICMA Roth IRA #706155 (510.75) 8/21/2020 Payroll #17 MSRS HCSP #98946-01 (20,181.71) 8/21/2020 Payroll #17 MSRS Def. Comp #98945-01 (3,305.00) 8/21/2020 Payroll #17 MSRS Roth IRS #98945-01 (575.00) 8/20/2020 Sales & Use Tax (2,787.00) 8/21/2020 Wire from 4M (2020A Acct) 1,200,000.00 8/28/2020 Election Payroll (8,546.75) 8/28/2020 Election Federal Deposit (34.50) 8/31/2020 Wire to 4M (General Acct) (400,000.00) 9/1/2020 HSA Bank ER Contribution (5,958.19) 9/4/2020 Council Payroll (3,304.82) 9/4/2020 Council Federal Deposit (196.60) 9/4/2020 Council PERA (367.62) 9/4/2020 Council State (44.06) 9/4/2020 Payroll #18 (126,217.54) 9/4/2020 Payroll #18 Federal Deposit (37,637.25) 9/4/2020 Payroll #18 PERA (42,095.32) 9/4/2020 Payroll #18 State (8,631.98) 9/4/2020 Payroll #18 Child Support (276.29) 9/4/2020 Payroll #18 H.S.A. Bank Pretax (2,984.88) 9/4/2020 Payroll #18 TASC Pretax (993.83) 9/4/2020 Payroll #18 ICMA 457 Def. Comp #301596 (4,315.00) 9/4/2020 Payroll #18 ICMA Roth IRA #706155 (510.75) 9/4/2020 Payroll #18 MSRS HCSP #98946-01 (1,587.60) 9/4/2020 Payroll #18 MSRS Def. Comp #98945-01 (3,305.00) 9/4/2020 Payroll #18 MSRS Roth IRA #98945-01 (575.00) CLOSED COUNCIL SESSION DRAFT 1 1 CITY OF LINO LAKES 2 MINUTES 3 CLOSED COUNCIL SESSION 4 5 DATE : August 10, 2020 6 TIME STARTED : 7:31 p.m. 7 TIME ENDED : 8:56 p.m. 8 MEMBERS PRESENT : Council Members Cavegn, Lyden, 9 Ruhland, Stoesz, Mayor Rafferty 10 MEMBERS ABSENT : none 11 12 Staff present: Human Resources Manager Karissa Bartholomew; City Administrator Sarah 13 Cotton 14 15 Mayor Rafferty reconvened the meeting at 7:31 p.m. at Lino Lakes City Hall. Before the 16 meeting was closed, Mayor Rafferty read a statement on the purpose of the meeting. The 17 meeting was closed as a session of the city council pursuant to the Open Meeting Law for 18 the purpose of discussing labor negotiations. 19 20 The meeting was recorded and the recording will be maintained as required in the Office 21 of the City Clerk. 22 23 The meeting was adjourned at 8:56 p.m. 24 25 These minutes were considered, corrected and approved at the regular Council meeting held on 26 September 14, 2020. 27 28 29 30 31 Julianne Bartell, City Clerk Rob Rafferty, Mayor 32 33 COUNCIL MINUTES DRAFT 1 LINO LAKES CITY COUNCIL 1 REGULAR MEETING 2 MINUTES 3 4 DATE : August 10, 2020 5 TIME STARTED : 6:30 p.m. 6 TIME ENDED : 7:20 p.m. 7 MEMBERS PRESENT : Councilmember Stoesz, Lyden, 8 Ruhland, Cavegn and Mayor Rafferty 9 MEMBERS ABSENT : 10 11 Staff members present: City Administrator Sarah Cotton; Director of Public Safety John Swenson; 12 Community Development Director Michael Grochala; City Planner Katie Larsen; City Engineer 13 Diane Hankee; Utility Supervisor Justin Williams, Human Resour ces Manager Karissa Bartholomew; 14 Director of Public Services Rick DeGardner 15 16 PUBLIC COMMENT 17 There was no public comment. 18 SETTING THE AGENDA 19 The agenda was approved as presented. 20 CONSENT AGENDA 21 Councilmember Stoesz moved to approve the Consent Agenda, Items 1A through 1E as presented. 22 Councilmember Ruhland seconded the motion. Motion carried on a voice vote. 23 24 ITEM ACTION 25 Consideration of Expenditures: 26 A) Consideration of Expenditures: August 10, 2020, 27 (Check No. 112641 through 112737) in the amount of 28 $844,967.18 Approved 29 B) Consider approval of July 27, 2020 Council Work Session 30 Minutes Approved 31 C) Consider Approval of July 27, 2020 Council Minutes Approved 32 D) Consider Resolution No. 20-88 Approving Amended and 33 Restated Declaration for Maintenance of Stormwater 34 Management Facilities Woods Edge Townhome 35 Association, Inc., Approved 36 E) Consider Approval of Pay Request No. 5, Water Tower 37 No. 3 Approved 38 FINANCE DEPARTMENT REPORT 39 There was no report from the Finance Department. 40 COUNCIL MINUTES DRAFT 2 ADMINISTRATION DEPARTMENT REPORT 41 3A) Consider Resolution No. 20-87, Amending Personnel Policy – Human Resources 42 Manager Bartholomew explained that staff is recommending removal of the Computer Purchase 43 Program for reasons outlined in the written staff report. 44 Councilmember Stoesz asked that the council receive a copy of the Personnel Policy as amended by 45 this action. 46 Councilmember Stoesz moved to approve Resolution No. 20-87 as presented. Councilmember 47 Lyden seconded the motion. Motion carried on a voice vote. 48 3B) Consider Appointment of Accounts Payable/Payroll Technician – Human Resources 49 Manager Bartholomew reviewed the written staff report requesting that the council approve the 50 appointment of Emily Ahern to the vacant position. Ms. Bartholomew reviewed the hiring process 51 and Ms. Ahern’s qualifications. 52 Councilmember Cavehn moved to approve the appointment of Emily Ahern as recommended. 53 Councilmember Ruhland seconded the motion. Motion carried on a voice vote. 54 3C) Consider Appointment of Streets Maintenance Worker– Human Resources Manager 55 Bartholomew reviewed the written staff report requesting that the council approve the appointment 56 of Erik Olson to the vacant position. Ms. Bartholomew reviewed the hiring process and Mr. 57 Olson’s qualifications. 58 Councilmember Ruhland moved to approve the appointment of Erik Olson as recommended. 59 Councilmember Lyden seconded the motion. Motion carried on a voice vote. 60 PUBLIC SAFETY DEPARTMENT REPORT 61 4A) Consider City of Hugo Fire Aid Agreement – Public Safety Director Swenson reviewed 62 his written staff report. The City of Hugo is the last of the City’s neighbors to request Fire 63 Auto/Mutual Aid. He noted the other area fire departments that receive this assistance. The report 64 includes information on the number t imes the City has provided and received assistance under the 65 agreement. 66 67 Councilmember Cavegn asked if there are any financial implications and Director Swenson explained 68 how fire situations can be very labor intensive and how assistance can be very important. Cities pay 69 for the emergency resources that they make available. 70 71 Mayor Rafferty noted the City of White Bear Lake is close but not included in the cities noted. 72 Director Swenson said there is an agreement in place with that city. 73 Councilmember Ruhland asked if there is an agreement for police services. Director Swenson 74 explained that the Joint Law Enforcement Council handles the area of assistance between 75 departments. 76 Councilmember Lyden moved to approve the agreement as presented. Councilmember Stoesz 77 seconded the motion. Motion carried on a voice vote. 78 PUBLIC SERVICES DEPARTMENT REPORT 79 5A) Consider Resolution No. 20-90, Approving HVAC/Plumbing Improvements Eligible for 80 CARES Act Funding Reimbursement – Utility Supervisor Williams explained that staff is 81 COUNCIL MINUTES DRAFT 3 requesting approval of this resolution for five contracts related to improvements that will be funded 82 through CARES Act funds. Staff has determined that the projects meet the eligibility requirements. 83 He reviewed the projects that would be included. 84 Councilmember Stoesz noted the presence of the day care facility in the City Hall complex and asked 85 if that wing would be included in improvements. Mr. Williams confirmed that it would be included. 86 Mayor Rafferty asked, regarding Fire Station No. 2, it is a new building and he wonders if there is 87 anything such as residue from construction that could be taken from the duct system. Mr. Williams 88 explained that the opportunity to clean at the station was visited but it was not cost effective because 89 of the age of the building; it is a different situation for the recommended projects. 90 Councilmember Lyden wonders if there is any additional long term cost in running the new systems. 91 Mr. Williams replied that the systems are low consuming so no significant long term cost. 92 93 Mayor Rafferty said he is thankful for the recommendations and is confident that the projects are a 94 good use of the CARES Act funding coming to the City. 95 Councilmember Stoesz asked for confirmation that closure of buildings wouldn’t greatly impact the 96 public such as for the fall elections. 97 Councilmember Ruhland moved to approve Resolution No. 20-90 as presented. Councilmember 98 Cavegn seconded the motion. Motion carried on a voice vote. 99 COMMUNITY DEVELOPMENT REPORT 100 6A) Item 6A had been removed from the agenda by staff. 101 6B) Nadeau Acres: i. Consider Resolution No. 20-83, Approving Final Plat; ii. Consider 102 Resolution No. 20-84, Approving Development Agreement –City Planner Larsen reviewed a 103 PowerPoint presentation that included information on the following: 104 - Final Plat is presented and should substantially conform to the previously approved preliminary 105 plat; 106 - Site Location Map; 107 - Previous Council Actions (preliminary plat, rezoning); 108 - Preliminary compared to Final Plat (consist ent); 109 - Neighbor concerns are addressed; 110 - Public Land Dedication; 111 - Findings of Fact; 112 - Planning Zoning Board approval; 113 - Requested council action. 114 Mayor Rafferty remarked that the easement will provide for a future trail. 115 116 Councilmember Stoesz asked where the house on Lot 17 will be. Ms. Larsen said it will be located 117 north of the easement and it meets all City requirements. 118 COUNCIL MINUTES DRAFT 4 Property owner was present and thanked the council and staff for the work put into bringing this 119 forward. Mayor Rafferty discussed the schedule for building; there will be some work to prepare the 120 site for spring building activities. 121 Councilmember Ruhland moved to approve Resolution No. 20-83 and Resolution No. 20-84, as 122 presented. Councilmember Stoesz seconded the motion. Motion carried on a voice vote 123 (Councilmember Lyden voted nay) 124 6C) Consider Resolution No. 20-89, Approving Release of Security and Escrow, St. Clair 125 Estates –Community Development Director Grochala reviewed the written staff report requesting 126 authority to release certain security and escrow funds. He reviewed the history of the City receiving 127 security and escrow funds, terms under which the City received the funds, the City’s draw downs and 128 use of funds for required work at the development site, and the expectation of when work will be 129 finalized. Mr. Grochala requested that the council authorize release of the funds noted in the report. 130 At the council’s request, Mr. Grochala explained the original amounts available, amounts drawn 131 down and remaining balance. There could be some outstanding expenses. 132 Councilmember Stoesz asked if there is an HOA at the St. Clair Estates development; Mr. Grochala 133 said yes and they have elected board members. 134 Mayor Rafferty noted that this is a good development and he is appreciative of the work put in by 135 staff and other to get over some bumps along the way. 136 Councilmember Lyden moved to approve Resolution No. 20-89, as presented. Councilmember 137 Stoesz seconded the motion. Motion carried on a voice vote. 138 UNFINISHED BUSINESS 139 There was no Unfinished Business. 140 141 NEW BUSINESS 142 There was no New Business. 143 144 COMMUNITY EVENTS 145 There were no events announced. 146 COMMUNITY CALENDAR 147 148 Community Calendar – A Look Ahead 149 June 8, 2020 through June 22, 2020 150 Wednesday, June 10 6:30 pm, Zoom Mtg. Planning & Zoning Board 151 Monday, June 22 6:00 pm, Council Chambers Council Work Session 152 Monday, June 22 6:30 pm, Council Chambers City Council Meeting 153 154 LABOR NEGOTIATIONS 155 156 Prior to adjournment of the regular meeting, the Council closed the meeting to discuss labor 157 negotiations. (See separate minutes) 158 159 COUNCIL MINUTES DRAFT 5 ADJOURN 160 161 There being no further business, Councilmember Ruhland moved to adjourn at 7:20 p.m. 162 Councilmember Stoesz seconded the motion. Motion carried on a voice vote. 163 164 These minutes were considered and approved at the regular Council Meeting on September 14, 165 2020. 166 167 168 169 170 Julianne Bartell, City Clerk Rob Rafferty, Mayor 171 172 COUNCIL MINUTES DRAFT 1 1 LINO LAKES CITY COUNCIL 2 REGULAR MEETING 3 MINUTES 4 5 DATE 6 TIME STARTED 7 TIME ENDED 8 MEMBERS PRESENT 9 10 MEMBERS ABSENT : August 24, 2020 : 6:30 p.m. : 6:50 p.m. : Councilmember Stoesz, Lyden, Ruhland, Cavegn and Mayor Rafferty : 11 12 Staff members present: City Administrator Sarah Cotton; Human Resources Manager Karissa 13 Bartholomew; Public Safety Director John Swenson; Public Services Director Rick DeGardner; City 14 Planner Katie Larsen 15 16 PUBLIC COMMENT 17 There were no public comments. 18 SETTING THE AGENDA 19 The agenda was approved as presented. 20 CONSENT AGENDA 21 Councilmember Stoesz moved to approve the Consent Agenda, Items 1A through 1C as presented. 22 Councilmember Cavegn seconded the motion. Motion carried on a voice vote. 23 24 ITEM ACTION 25 Consideration of Expenditures: 26 A)Consideration of Expenditures: August 24, 2020 27 (Check No. 112738 through 112816) in the 28 amount of $1,864,975.44. Approved 29 B)Consider Resolution No. 20-93, Acknowledging Allocation 30 From Anoka County of Cares Act Election Grant Funds Approved 31 C)Consider Approval of July 7, 2020 Work Session Minutes Approved 32 FINANCE DEPARTMENT REPORT 33 There was no report from the Finance Department. 34 ADMINISTRATION DEPARTMENT REPORT 35 3A) Consider Appointment of Paid On-Call Firefighter – Human Resources Manager 36 Bartholomew reviewed her written report outlining the recruitment, hiring process and qualifications 37 of the applicant. Staff is recommending that Mr. Clauson be appointed. 38 Councilmember Lyden moved to approve the appointment of Nicholas Clauson as recommended. 39 Councilmember Ruhland seconded the motion. Motion carried on a voice vote. 40 COUNCIL MINUTES DRAFT 2 PUBLIC SAFETY DEPARTMENT REPORT 41 There was no report from the Public Safety Department. 42 PUBLIC SERVICES DEPARTMENT REPORT 43 5A) Consider Resolution 20-92, Authorize the Advertisement for Bids for the 2020 Lino 44 Lakes Facilities Touchless Entry Upgrades – Public Services Director DeGardner reviewed his 45 writt en report requesting authorization to adverstise for bids for the touchless entry upgrades 46 proposed for City facilities. The cost of these upgrades should be fully covered through the CARES 47 Act grant funds that have been received by the City. Mr. DeGardner reviewed the proposed work 48 that will provide for touchless entry at City buildings. 49 Councilmember Lyden thanked Mr. DeGardner for the quick work in getting this project together so 50 that it can be considered for grant funding. 51 Councilmember Stoesz asked that staff ensure that the work have as long a warranty as possible. 52 The council heard information from the City Administrator on use of the City’s portion of CARES 53 Act funds. Ms. Cotton explained the deadline and that staff is following the rules for grant funding 54 as they are currently being provided. 55 Director DeGardner added that staff is also looking at adding card access points where that is 56 appropriate. 57 Councilmember Stoesz moved to approve Resolution No. 20-92 as presented. Councilmember 58 Lyden seconded the motion. Motion carried on a voice vote. 59 COMMUNITY DEVELOPMENT REPORT 60 6A) Consider Resolution No. 20-91 Approving Variances for Building Setbacks and Fence 61 Height for 6508 West Shadow Lake Drive - City Planner Larsen reviewed a PowerPoint 62 presentation including information on the following 63 - Applicant (Anoka County Highway Department) on behalf of property owners;64 -Variances are required for Birch Street Improvement Project roundabout at intersection of65 West Shadow Lake Road;66 -Much work done with properties owners to find best approach;67 -The roundabout project will leave a lot that is not compliant to City requirements in size; the68 variances would make the existing house and structures conforming;69 -Variance locations shown on a map;70 - The property owners also requested a berm and fence that require a variance;71 -Findings of Fact;72 -Planning and Zoning Board has approved.73 COUNCIL MINUTES DRAFT 3 Councilmember Stoesz asked who is paying the cost of the variance and Ms. Larsen responded that 74 there were no land use planning charges imposed since the applicant is Anoka County. 75 Councilmember Stoesz moved to approve Resolution No. 20-91 as presented. Councilmember 76 Ruhland seconded the motion. Motion carried on a voice vote. 77 UNFINISHED BUSINESS 78 There was no Unfinished Business. 79 80 NEW BUSINESS 81 There was no New Business 82 83 COMMUNITY EVENTS 84 There were no events announced. 85 COMMUNITY CALENDAR 86 87 Community Calendar – A Look Ahead 88 August 24, 2020 through September 14, 2020 89 Wednesday, August 26 6:30 pm, Zoom Environmental Board 90 Wednesday, September 2 6:30 pm, Go To Meeting Park Board 91 T hursday, September 3 8:00 am, Zoom EDAC 92 T uesday, September 8 6:00 pm, Council Chambers Council Work Session 93 Wednesday, September 9 6:30 pm, Zoom Planning & Zoning Board 94 M onday, September 14 6:30 pm, Council Chambers City Council Meeting 95 96 97 ADJOURN 98 99 There being no further business, Councilmember Ruhland moved to adjourn at 6:50 p.m. 100 Councilmember Stoesz seconded the motion. Motion carried on a voice vote. 101 102 These minutes were considered and approved at the regular Council Meeting on September 14, 103 2020. 104 105 106 107 108 Julianne Bartell, City Clerk Rob Rafferty, Mayor 109 110 CITY COUNCIL AGENDA ITEM 1E STAFF ORIGINATOR: John Swenson, Public Safety Director MEETING DATE: September 14, 2020 TOPIC: School Resource Officer 2020/21 Contract VOTE REQUIRED: 3/5 INTRODUCTION The Lino Lakes Public Safety Department is requesting Council approval to continue the on-going contract with the Centennial School District for one Lino Lakes police officer to serve as School Resource Officer (SRO) at the Centennial Middle School. BACKGROUND The City of Lino Lakes and the Centennial School District has a long standing contract for SRO services; in which the City of Lino Lakes provides one police officer during the school year to serve as SRO at the Centennial Middle School. The Centennial School District reimburses the City of Lino Lakes for all hours worked as SRO. The reimbursement is based on hourly wages including all applicable benefit costs. This contract is renewed on an annual basis. RECOMMENDATION Staff recommends approval of the 2020/21 SRO Contract between the City of Lino Lakes and the Centennial School District. ATTACHMENTS 2020/21 SRO Contract This agreement is made this 26th day of August, 2020, pursuant to Minnesota Statute §471.59 by and between the City of Lino Lakes (City) and Independent School District #12 (School District). 1. PURPOSE The City of Lino Lakes and the Centennial School District wish to participate in a YouthSchool Resource Officer Program. Both the City and the School District agree that a more formalized approach to the YouthSchool Resource Officer Program is needed to improve understanding and promote mutual respect between police, school, staff, counselors, parents and students. The purpose of this Agreement is to set forth in writing the terms and conditions of the mutual duties and obligations and to create, fund and implement the position of YouthSchool Resource Officer. 2. FUNDING The School District will fund the following expenses in connection with the YouthSchool Resource Officer: Officer's salary and related benefits are estimated at $91,305.14 for the 2020-21 school year. This expenditure shall be determined by the number of hours assigned to the school district. The hourly rate for 2020-21 shall be $66.36. The School District officials and Lino Lakes Police Chief shall determine the specific days/hours of work. 3. SERVICES The City shall provide the services of one licensed police officer and related support services and supplies to assist the School District in establishing a YouthSchool Resource Officer Program. The Officer will have primary responsibility in serving as a resource person to faculty, classroom members and school administrators in the promoting of positive juvenile behavior. The School District agrees to provide adequate office space, telephone and other reasonable clerical support services. This officer will not act as an education or related service provider under the Individuals with Disabilities Education Act or related state law for any student. 4. PAYMENT The City shall provide billing to the School District for services provided in this Agreement on a quarterly basis. 5. TERM This Agreement shall commence on the 26th day of August, 2020, and shall end on/or about June 9, 2020. Thereafter, it shall be renewed on a yearly basis by mutual agreement. This Agreement may be canceled by either party by a 30 day written notice. 6. GENERAL PROVISIONS it is expressly agreed that the YouthSchool Resource Officer is a City employee and shall not be considered an employee of the School District for any purpose including but not limited to salaries, wages, other compensations or fringe benefits, Workers Compensation, Unemployment Compensation, P.E.R.A, Social Security, Liability Insurance, keeping of personnel records, termination of employment, individual contracts or other contractual rights. The City shall assume all liability for the actions taken by the Officer in the performance of his/her duty as a Peace Officer. The Officer will report to and be directed by the Chief of Police, but will consult regularly with School District l YOUTHSCHOOL RESOURCE OFFICER CITY OF LINO LAKES/CENTENNIAL SCHOOL DISTRICT NO. 12 SERVICE CONTRACT Officials. Resolution of unforeseen problems arising in this program shall be negotiated by representatives of the School District and the Chief of Police. 7. SCHEDULING The duty hours of the YouthSchool Resource Officer are flexible and will be primarily coordinated with the school day and activities. The Officer will make daily contact with the Police Department for the purpose of keeping abreast of incident reports and other City activity. During non-school periods, the Officer duties and schedule will be determined by the City. 8. DISCRIMINATION The City and the School District agree not to discriminate in providing services under this Agreement on the basis of race, sex, creed, national origin, age, or religion. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year last written below. CITY OF LINO LAKES CENTENNIAL SCHOOL DISTRICT #12 _______________________________ _____________________________________ Chief of Police Date Brian Dietz Date Superintendent of Schools _______________________________ ______________________________________ City Representative Date Suzy Guthmueller Date Board Chairperson _______________________________________ Kathryn Timm Date School Board Clerk 2 CITY COUNCIL AGENDA ITEM 1F STAFF ORIGINATOR: Michael Grochala, Community Development Director MEETING DATE: September 14, 2020 TOPIC: i. Consider Resolution No. 20-106, Declaring Cost to Be Assessed, Ordering Preparation of Assessment Role, and Calling for Hearing on Proposed Assessment, 2020 Weed Abatement Charges VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council consideration to declare the cost to be assessed for delinquent weed abatement charges and call for a hearing on proposed assessments. BACKGROUND City Code section 904 establishes weeds or grass growing in excess of eight inches in height to be a public nuisance. Property owners in violation of this requirement are notified and provided an opportunity to cure the nuisance. If the violation is not addressed within a specified period of time, City staff and/or private contractors are directed to abate the nuisance. The cost of abatement is charged to the property owner. In the event that the property owner fails to pay the costs incurred, the City may certify the charges against the property for collection with property taxes as a special assessment. Minnesota Statues § 429.101 provides for the special assessment of certain service including weed elimination from properties. Special Assessments levied under this statute are subject to the procedural requirements of M.S. § 429.061 which requires the determination of the costs to be assessed and a public hearing to adopt the assessments. There is one property proposed to be assessed. The total amount to be assessed is $168.75. The amount charged is based on staff time for completing the work. RECOMMENDATION Staff recommends approval of Resolution No. 20-106. ATTACHMENTS 1. Resolution No. 20-106 CITY OF LINO LAKES RESOLUTION NO. 20-106 RESOLUTION DECLARING COSTS TO BE ASSESSED AND CALLING HEARING ON PROPOSED ASSESSMENT 2020 WEED ABATEMENT CHARGES WHEREAS, pursuant to City Code Section 904, any weeds or grass growing upon any lot or parcel of land in the City of Lino Lakes to a greater height than eight (8”), or which have gone or about to go to seed are declared to be a nuisance, and WHEREAS, certain property owners in noncompliance with such code requirements were notified and provided the opportunity to comply with such provisions, and WHEREAS, upon failure of the property owner to comply with the provisions of said notice, the City Weed Inspector ordered the abatement of such nuisance, in accordance with the City Code Section 904, and charged the property owner thereof for expenses incurred by the City, and WHEREAS, the total cost incurred by the City is $168.75. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota that: 1. The portion of the cost of such improvement to be paid by the city is hereby declared to be $168.75. 2. Assessments shall be payable in equal annual installments extending over a period of one year, the first of the installments to be payable on or before the first Monday in January, 2021 and shall bear interest at the rate of 8% percent per annum from the date of the adoption of the assessment resolution. 3. The city clerk shall forthwith calculate the proper amount to be specially assessed for such work against every property where work was completed by the City, as provided by law, and he/she shall file a copy of such proposed assessment in her office for public inspection. 4. The clerk shall upon the completion of such proposed assessment, notify the council thereof. BE IT FURTHER RESOLVED by the City Council of the City of Lino Lakes, Minnesota that: 1. A hearing shall be held at 6:30 p.m. on October 12, 2020 in the city hall located at 600 Town Center Parkway to pass upon such proposed assessment. All persons owning property affected by such Weed Abatement charges will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of the improvement. She shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. An owner may at any time thereafter, pay to the City the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. Adopted by the Council of the City of Lino Lakes this 14th day of September, 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 3A STAFF ORIGINATOR: Karissa Bartholomew, Human Resources Manager MEETING DATE: September 14, 2020 TOPIC: Consider Appointment of Finance Director VOTE REQUIRED: 3/5 INTRODUCTION The Council is being asked to approve the appointment of Hannah Lynch to the vacant Finance Director position. BACKGROUND At this time, staff has completed a recruitment process, provided a conditional offer, and is recommending the approval of Hannah Lynch for the position. Lynch holds a Bachelor’s Degree in Accounting and a Certified Public Accountant (CPA) license. Lynch has five years of experience in Finance and Accounting, with her last three years working as a contracted Finance Director for Minnesota cities. The hourly rate of pay would be $51.15, which is step 2 of the current wage schedule. With the Council’s approval, Lynch would start in the position of Finance Director on Monday, October 5, 2020. RECOMMENDATION Approve the appointment of Hannah Lynch for the Finance Director position. CITY COUNCIL AGENDA ITEM 3B STAFF ORIGINATOR: Julie Bartell, City Clerk MEETING DATE: September 14, 2020 TOPIC: Consideration of Election Judge Salary Increase VOTE REQUIRED: 3/5 INTRODUCTION Every year, the city administers at least one election and employs election judges to staff the seven election precincts. These judges also attend annual paid training sessions prior to their service. BACKGROUND The current salary is $10.00/hour to serve as an Election Judge and $11.00/hour to serve as a Head Election Judge. This salary rate has been in place since the year 2015. Staff is proposing that the council increase the salary for election judges and that a separate salary schedule be adopted for general state/national elections. Considerations for this increase are: - Current rates are on the lower end of what other Anoka County cities are paying; -The Minnesota state minimum wage is $10.00 per hour; -Election judge service is an important role and should be recognized with adequate salary; - These positions can be difficult to fill in the current pandemic situation; - Funding is available through Elections CARES Act grant for 2020 cost increase; -Workload varies depending on election turnout and General Election voter turnout is much higher than for primary or municipal elections. RECOMMENDATION Staff is recommending approval of the following salary plan for election judges. The salary plan would be effective upon adoption by the council. Position General Election (even years only) Rate of Pay (per hour) Primary and Municipal Election Rate of Pay (per hour) Election Judge $13.00 $12.00 Head Election Judge $16.00 $14.00 CITY COUNCIL AGENDA ITEM 3C STAFF ORIGINATOR: Sarah Cotton, City Administrator MEETING DATE: September 14, 2020 TOPIC: Consider Temporary Wage Increase for Accountant VOTE REQUIRED: 3/5 INTRODUCTION The Council is being asked to consider a fifteen percent wage increase for Accountant, Tracy Thoma. BACKGROUND With the departure of Human Resources Manager, Karissa Bartholomew, Tracy will be performing many additional duties and responsibilities to fill the gap. Tracy’s additional duties will include assisting with open enrollment, benefits administration, recruitment, onboarding, compensation plan administration, unemployment, worker’s compensation, drug & alcohol testing, DOT driver’s license checks, and administrative tasks related to labor negotiations, CARES reporting, and FFCRA. The AFSCME labor agreement provides that employees who work at a higher classification shall receive a ten percent wage increase. Since Tracy will be taking on greater responsibilities, I believe a fifteen percent wage increase is appropriate. Tracy’s temporary hourly rate would be $41.26 starting Monday, September 14, 2020 and ending two weeks after the Human Resources Manager assumes the position. This two week period will allow for Tracy to assist with onboarding/transitioning the Human Resources Manager. RECOMMENDATION Approve fifteen percent hourly wage increase for Accountant, Tracy Thoma, starting September 14, 2020 and ending two weeks after the Human Resources Manager assumes the position. CITY COUNCIL AGENDA ITEM 4A STAFF ORIGINATOR: John Swenson, Public Safety Director MEETING DATE: September 14, 2020 TOPIC: Consider Appointment of Police Officers VOTE REQUIRED: 3/5 INTRODUCTION The Council is being asked to approve the appointment of Quillan Oak and Georgia Carlson to two vacant Police Officer positions in the Public Safety Department. BACKGROUND There are currently three vacant Police Officer positions within the Public Safety Department. At this time, staff has completed a recruitment process, provided conditional offers, and is recommending the approval of Quillan Oak and Georgia Carlson for two of the positions. With the Council’s approval, Oak and Carlson would start in the position of Police Officer on October 5th. RECOMMENDATION Approve the appointment of Quillan Oak and Georgia Carlson for two of the Police Officer positions. CITY COUNCIL AGENDA ITEM 4B STAFF ORIGINATOR: John Swenson, Public Safety Director MEETING DATE: September 14, 2020 TOPIC: Acceptance of Monetary Donation to Lino Lakes Public Safety Canine Unit VOTE REQUIRED: 3/5 INTRODUCTION The Lino Lakes Public Safety Department is requesting Council approval to accept a donation of $250.00 from Dennis Stowers. BACKGROUND On September 9, 2020 staff received a check in the amount of $250.00 from a New Brighton resident to the Lino Lakes Public Safety Police Division Canine Unit. The donor stipulated that the donation be used for the police canine unit. If acceptance of this donation is approved the donated funds will be deposited in the Police Canine fund to support police canine functions. RECOMMENDATION Staff recommends approval of acceptance of the $250.00 donation from Dennis Stowers for the Lino Lakes Public Safety Department’s Canine Unit. ATTACHMENTS None CITY COUNCIL AGENDA ITEM 5A STAFF ORIGINATOR: Rick DeGardner, Public Services Director MEETING DATE: September 14, 2020 TOPIC: Consider Approval of Resolution No. 20-103, Awarding 2020 Lino Lakes Facilities Touchless Entry Upgrades Project VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council consideration to award the 2020 Lino Lakes Facilities Touchless Entry Upgrades Project at the Civic Complex and Public Works/Senior Center associated with facility improvements related to the COVID-19 pandemic. BACKGROUND The City Council approved Resolution No. 20-92, Authorize the Advertisement for Bids for the 2020 Lino Lakes Facilities Touchless Entry Upgrades at the August 24, 2020 City Council meeting. This project (including bid alternates) consists of installing six automatic bi-parting sliding entries at the Civic Complex (two at each entrance), and converting approximately 70 existing doors to touchless entry at several city owned-facilities. Bids were opened on Wednesday, September 9, 2020. Two bids were received as follows: Wheeler Hardware Cy-Con, Inc. City Hall and Police Dept $298,205.00 $376,118.00 Fire Station #1 (Bid Alternate) $44,055.00 $68,673.00 Fire Station #2 (Bid Alternate) $52,660.00 $76,309.00 Public Works (Bid Alternate) $33,725.00 $55,668.00 Senior Center (Bid Alternate) $41,500.00 $46,893.00 Staff is recommending moving forward with the base bid of the City Hall and Police Dept, and the Public Works bid alternate. This results in awarding the bid to Wheeler Hardware in the amount of $331,930. Final completion date is November 9, 2020. Staff has determined that this project meets 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. RECOMMENDATION Staff is recommending approval of Resolution No. 20-103. ATTACHMENTS Resolution No. 20-103 CITY OF LINO LAKES RESOLUTION NO. 20-103 A RESOLUTION AWARDING 2020 LINO LAKES FACILITIES TOUCHLESS ENTRY UPGRADES PROJECT WHEREAS, The City Council approved Resolution No. 20-92, Authorize the Advertisement for Bids for the 2020 Lino Lakes Facilities Touchless Entry Upgrades, at the August 24, 2020 City Council meeting; and WHEREAS, Bids were opened on Wednesday, September 9, 2020. Two bids were received as follows: Wheeler Hardware Cy-Con, Inc. City Hall and Police Dept $298,205.00 $376,118.00 Fire Station #1 (Bid Alternate) $44,055.00 $68,673.00 Fire Station #2 (Bid Alternate) $52,660.00 $76,309.00 Public Works (Bid Alternate) $33,725.00 $55,668.00 Senior Center (Bid Alternate) $41,500.00 $46,893.00 WHEREAS, Staff is recommending moving forward with the base bid of the City Hall and Police Dept, and the Public Works bid alternate. This results in awarding the bid to Wheeler Hardware in the amount of $331,930; and WHEREAS, Staff has reviewed this project and determined that it meets 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). NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby awards the 2020 Lino Lakes Facilities Touchless Entry Upgrades project to Wheeler Hardware by approving Resolution 20-103. Adopted by the Council of the City of Lino Lakes this14th day of September, 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 6A STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: September 14, 2020 TOPIC: Natures Refuge i. Consider Resolution No. 20-81 approving PUD Final Plan/Final Plat ii. Consider Resolution No. 20-82 approving Development Agreement VOTE REQUIRED: 3/5 INTRODUCTION This item was presented to the Council at the August 3, 2020 Work Session. The applicant requested the item be removed from the August 10, 2020 Council agenda to allow more time to review the Development Agreement. The applicant, Preferred Builders, Inc., submitted a land use application for PUD Final Plan/Final Plat for Natures Refuge. The proposed residential development is a 61 lot single family conservation subdivision located north of Main Street and west of Lino Lakes Elementary School. The development contains 3 parcels totaling approximately 95 gross acres. This plan review is based on the following revised plan sets: • Sanitary Sewer, Watermain, Storm Sewer and Street Construction Plans prepared by Carlson McCain dated January 16, 2020 • Grading, Development & Erosion Control Plans prepared by Carlson McCain dated March 6, 2020 • Preliminary Plat and Plan Set prepared by Carlson McCain dated June 12, 2019 • Stormwater Management Plan prepared by Carlson McCain dated June 7, 2019 • Net Area Exhibit prepared by Carlson McCain dated June 12, 2019 • Site Landscape Plan prepared by Carlson McCain dated June 27, 2019 • Final plat prepared by Carlson McCain received April 28, 2020 Previous Council Actions: • June 25, 2018: Ordinance No. 05-18 approving the rezoning of property from R-1, Single Family Residential to PUD, Planned Unit Development • June 25, 2018: Resolution No. 18-70 approving PUD Development Stage Plan/Preliminary Plat 2 BACKGROUND Zoning On June 25, 2018, Council adopted Ordinance No. 05-18 approving the rezoning of the property from R-1, Single Family Residential to PUD, Planned Unit Development to provide the following flexibilities: 1. Reduced minor collector road right-of-way width from 80 feet to 60 feet on Street A and Street C 2. Reduced front setback from 40 feet to 30 feet on Street A (Glenwood Drive) and Street C 3. Reduced paved road surface width from 32 feet to 30 feet (back to back) on cul de sac Street D and cul de sac Street E Street A is now Glenwood Drive. Street B is Basswood Drive. Street C is Haywood Drive. Street D is Hazelwood Court. Street E is Elmwood Court. Density The site is guided for low density residential development which requires a density of 1.6 to 3.9 units per net acre. The revised net density is 1.68 units per acre which is consistent with the Comprehensive Plan’s guided land use and density. Wetlands and wetland buffers make up 57 acres (60%) of protected open space. The following chart implements Met Council’s formula for calculating net density. Preliminary Plat (6-15-18) Revised Preliminary Plat (6-12-19) Gross Area (acres) 95.05 95.05 Wetlands & Water Bodies (42.33) (42.33) Public Parks & Open Space 0.00 0.00 Arterial ROW (1.33) (1.33) Other (Utility Transmission Easement) (0.40) (0.40) Other (Wetland Buffer Area) (15.10) (14.73) Net Area (acres) 35.89 36.26 # of Units 61 61 3 Gross Density (units/acre) 0.64 0.64 Net Density (units/acre) 1.70 1.68 Zoning Requirements The site was rezoned to PUD, Planned Unit Development with Ordinance No. 05-18 to allow flexibility in right-of-way width and setback from minor collector road. The regulations and performance standards of the R-1, Single Family Residential zoning district will be in effect unless otherwise stated in Council resolution or Development Agreement. Lot Comparison R-1 vs. Natures Refuge Standard R-1 Requirements Proposed Natures Refuge Min. Lot Size1 10,800 sf Min. = 10,800 sf Ave. = 13,164 sf Min. Lot Width 80 ft Min. = 80 ft Min. Lot Depth 135 ft Min. = 135 ft Building Setback (feet) -From Local Streets 30 ft 30 ft -From Collector or Arterial Streets 40 ft 30 ft (Street A-E)2 40 ft (Main Street) -Rear --Principal 30 ft 30 ft -Accessory 5 ft 5 ft -Side --Principal 10 ft 10 ft --Accessory 5 ft 5 ft Buffer Adjacent to Collector 15 foot Provided Impervious Surface 40% Verified with Building Permits 1Net area required is 10,800 sf of contiguous buildable land 2PUD flexibility approved by Council A 15 foot wide landscape buffer has been provided along CSAH 14 (Main Street) outside of the existing 100 foot wide private utility easement and is contained in an outlot that will be owned and maintained by a homeowner’s association (HOA). A 6 foot high privacy fence is proposed 4 along Lot 1, Block 6 that will provide screening along CSAH 14. Shrubs and plantings are provided along the exterior side of the fence. 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 the R-1, Single Family Residential requirements regarding floor area, garage and design, and construction standards. Subdivision Ordinance Conformity with the Comprehensive Plan and Zoning Code Resolution No. 18-70 approving the PUD Development Stage Plan/Preliminary Plat details in the findings conformity with the comprehensive plan and zoning code. The PUD Final Plan/Final Plat is consistent with the PUD Development Stage Plan/Preliminary Plat. Blocks and Lots The preliminary plat has 61 single family lots and 6 outlots. The final plat has 61 single family lots, but 7 outlots. Outlot G has been added. It contains an existing detached structure belonging to 801 Main Street. This outlot will be deeded to 801 Main Street and combined. The detached structure will then be legally located on their property. The remaining outlots are for stormwater management facilities, wetland areas, open space, and trail corridors. Ownership of each outlot (City, HOA, developer etc.) shall be as follows and detailed in the Homeowner’s Association (HOA) documents. Outlot Purpose Ownership A Wetlands HOA B Lake 300, wetland, open space and trail corridor HOA C Trail Corridor HOA D Lake 200, Pond 100, Pond 400, wetland, open space & trail HOA E Trail & Utility Corridor HOA F Landscape Buffer & fence HOA G 801 Main Street-Detached Shed Deed to 801 Main St and combine Streets and Alleys CSAH 14 (Main Street) is a Principal Arterial road. Streets A (Glenwood Drive) and Street C (Haywood Drive north of Glenwood Drive) are identified as minor collector roads in the 5 Transportation Plan and provide a north-south corridor. The 1999 Anoka County TH 242/CSAH 14 Access Management Plan identifies at-grade full access at Wood Duck Trail and CSAH 23 (Lake Drive) and restricted movements along the site’s corridor. The site plan has been reviewed by Anoka County Highway Department. They have identified the need for additional right-of-way (70-75 feet) and right and left turn lanes on CSAH 14 (Main Street). Twelve foot wide east bound and west bound turn lanes have been shown on the site plan. Detailed construction plans have been submitted with the PUD Final Plan/Final Plat and are being reviewed by Anoka County. The internal road system (Streets A thru C) has 60 foot wide right-of-ways and 32 foot wide (back to back) paved road surface. Street D (Hazelwood Court) and Street E (Elmwood Court) are cul de sacs with 60 foot wide right-of-way and 30 foot wide (back to back) paved road surface. The intersection of Street A and CSAH 14 (Main Street) has an 80 foot wide right-of- way and 42 foot wide (back to back) paved road surface. Sidewalks are proposed along the east side of both Glenwood Drive and Haywood Drive. Haywood Drive terminates in a temporary dead-end to the west, abutting 8024 Wood Duck Trail. This stub provides opportunity for future extension and residential development to Wood Duck Trail. This is consistent with the County Access Management Plan. Haywood Drive also terminates in a temporary cul de sac to the north and provides opportunity for future extension to the north. Street B (Basswood Drive) provides future access to Lino Lakes Elementary School to the east. In 2017, the school began a building remodeling and parking lot reconstruction project. An opportunity to eliminate the school’s west driveway and connect with Natures Refuge was identified as a safety benefit. The City and Anoka County are working with the school district to complete this connection. Ultimately, it is the school districts decision when to make this connection. Easements Standard drainage and utility easements at least 10 feet wide are provided along all lot lines. Easements at least 20 feet wide are provided over utility pipes. Drainage and utility easements are dedicated 10 feet above the high water level over stormwater drainage ponds and 10 feet outward from the delineated wetland boundary. This requirement is satisfied because easements have been dedicated over the entire outlots. Rear lot lines also have a minimum 10 foot wide easement. A 100 foot wide private utility easement in favor of Great River Energy exists along the southern boundary of the development. Landscaping shall be allowed in the drainage and utility easements covering the 15 foot wide landscape buffer area in Outlot E and Outlot F. 6 Storm Water Management and Erosion and Sediment Control Per the revised Stormwater Management Plan prepared by Carlson McCain dated June 7, 2019, all of the site’s stormwater eventually flows to ACD 32 and to the west. Stormwater leaves the project boundary at two locations: via ACD 32 and a small portion of the property discharges to a ditch along Main Street. The total proposed post-development impervious surface area is approximately 10.4 acres. Soils on the site are classified as Hydrologic Soil Group A/D. Groundwater elevations ranged from 898 feet to 904 feet. The revised Stormwater Management Plan and plan sheets identify four (4) stormwater ponds, two (2) infiltration basins and Wetland C on site. Wetland C will be enhanced and excavated to provide extended storage of treated stormwater. Pond 100 and Pond 400 are required for stormwater management. Pond 200 and Pond 300 are material excavation ponds. The storm water ponds and trails are located near the wetlands and upland buffers. This strategic design is the basis of the City’s greenway system by creating a multi-functional greenway corridor intended to provide areas for stormwater management, upland buffers for wetland protection and natural resource conservation, and open space and trails for people. A maintenance access trail is provided around Pond 200. This access trail will be graded, but will not require gravel or paved improvements. The site will be mass graded in one (1) phase. Residential home development will occur over several years. Utilities Public water, sanitary and storm sewer utilities will be installed within the development. Sanitary Sewer A 21” trunk sanitary sewer main located along CSAH 14 (Main Street) serves the site. An 8” and 10” sanitary sewer pipe serves the site internally. Future development to the north will potentially require a lift station. Sanitary sewer will also be stubbed to the west to accommodate future development. Watermain A 12” trunk watermain located along CSAH 14 (Main Street) serves the site. An 8” and 16” watermain serve the site internally and loops the system to CSAH 14 (Main Street). Watermain will be stubbed to the west and north property boundaries for future development. Public Land Dedication The City will require cash in lieu of land dedication. Per the City’s Park, Greenway & Trail System Plan, a neighborhood park is not programmed for this area. Lino Lakes Elementary School is immediately adjacent to the development. 7 Natures Refuge 61 lots x $3,150 = $192,150 Trail Construction Costs Credit = ($55,000) TOTAL = $137,150 The Park, Greenway & Trail System Plan identifies the need for a future city trail running north-south through the development along greenway corridor. Due to concerns regarding potential impacts to the rare plant species behind Lots 1-4, Block 5, an 8.5 foot wide paved trail will be constructed on the west side of the development along Pond 100 and 200 utilizing the maintenance access path. Outlot C of the revised plans accommodates a 25 foot wide trail corridor as required in the original review comments. Plans have been revised to show a future 10 foot wide trail along CSAH 14 (Main Street). The timing of this trail construction is based on availability of funds and acquisition of additional right-of-way along those parcels not part of the plat (e.g. 625 and 635 Main Street). The section of sidewalk extending along Street A from Main Street to Street B has been revised to an 8 foot wide concrete sidewalk. Credit has been given for trail construction costs. The Park Board reviewed the plans on February 5, 2018. The Board recommends collecting park fees to potentially fund enhancements at Lino Lakes Elementary School. Tree Preservation 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 revised Tree Inventory Report prepared by Carlson McCain dated June 15, 2018 identifies 1,151 significant trees on site and per Sheet L1, 415 existing trees will remain. The Tree Preservation Plan identifies the basic use area and environmentally sensitive areas. There are 201 trees within these areas proposed for removal. This requires 138 replacement trees for mitigation. The developer and Environmental Coordinator determined the best location for replacement trees along trail corridors and open space areas. The Environmental Coordinator also reviewed the Tree Preservation Plan and made suggestions for removal of hazardous or unhealthy trees. There are 14 non-significant trees proposed for removal. No mitigation is required for these trees. Landscaping Boulevard trees are required at the rate of one (1) tree per lot frontage for single family. There are 61 single family lots requiring 66 boulevard trees. There are 84 boulevard trees proposed which is compliant with the ordinance. 8 Open area landscaping standards required 1 large tree and 3 large shrubs per 2,000 sf. Per the Landscape Plan, there is 432, 506 sf of open area requiring 216 overstory trees and 661 large shrubs. Sheet L1 indicates 415 existing trees plus an additional 216 open area trees and 661 shrubs which is compliant with the ordinance. Special attention has been made to create a landscape buffer along the west side of the development abutting the residential properties along Wood Duck Trail. A 15 foot wide landscape buffer has been provided along CSAH 14 (Main Street) outside of the existing 100 foot wide private utility easement and is contained in an outlot that will be owned and maintained by a homeowner’s association (HOA). A 6 foot high privacy fence is proposed along Lot 1, Block 7 that will provide screening along CSAH 14. Shrubs and plantings are provided along the exterior side of the fence. Landscaping shall be allowed in the drainage and utility easements covering the 15 foot wide landscape buffer area in Outlot E and Outlot F. Environmental Assessment Worksheet (EAW) As previously noted, in 2006 a mandatory Environmental Assessment Worksheet (EAW) was prepared for the original Natures Refuge concept because the proposed 278 housing units exceeded the 250 housing unit threshold. The EAW thoroughly analyzed potential impacts to wetlands, rare plant and animal species, floodplain, water quality, noise, traffic and archeology. It was determined the project did not have the potential for significant environmental effects and the Council passed Resolution No. 07-06 making a Negative Declaration on the Need for an EIS. The scope and size of the current proposed Natures Refuge (61 housing units on 95 gross acres) is much smaller than the original 2006 proposal (278 housing units on 232 gross acres). An EAW is not required for the current proposed Natures Refuge because the 62 housing units do not exceed the 250 housing unit threshold. Traffic Study The Traffic Study prepared by Spack Consulting on June 4, 2018 based was reviewed during the PUD Development Stage Plan/Preliminary Plat process. The development is forecasted to generate approximately 565 new trips per day with 45 new trips in the a.m. peak hour and 60 trips in the p.m. peak hour. Per the traffic study, the existing LOS is C and the 2021 Build LOS is C. The proposed development meets the subdivision ordinance requirements. Wetlands A WCA Notice of Decision for the wetland boundary delineation was approved by RCWD on June 16, 2016. Seven (7) wetlands were delineated on site totaling 41.66 acres. ACD 32 is not classified as a wetland. A revised WCA Permit Application for wetland sequencing and mitigation was prepared by Kjolhaug Environmental Services on April 5, 2019. The project area is located within in the RCWD Lino Lakes Comprehensive Wetland Protection and Management Plan (CWPMP) area. 9 The intent of the CWPMP is to preserve/enhance high-priority wetlands/wetland corridors. Six (6) of the 7 wetlands are in the Wetland Management Corridor (WMC). The exception is Wetland 1. Wetland buffer easements covering 14.73 upland acres will protect the WMC. Wetland impacts will be mitigated through the purchase of wetland bank credits. In summary, post-development wetland hydrological regime is equal to predevelopment conditions, wetland water quality is higher overall than pre-development conditions, and wildlife habitat structure improves overall post-development likely due to removal/conversion of cropland to permanent upland buffer. Per Sheet W1, Wetland Buffer Exhibit prepared by Carlson McCain revision dated June 15, 2018 and the Kjolhaug Wetland Application revision dated April 5, 2019: Wetland Summary Total Delineated Wetlands 41.66 acres Permanent Wetland Impact 1.7041 acres Temporary Wetland Impact 1.3148 acres WMC Buffer Area 14.73 acres Wetland Bank Credit 2.8408 credit from Brad Moen bank The applicant has submitted draft conservation easements over the applicable wetlands. Rare & Endangered Species Minnesota endangered and threatened species must be considered when submitting a wetland replacement plan. A rare plant survey identified portions of three populations of state- threatened plant species that would be impacted by the development. A Takings Permit Application has been submitted to the MNDNR for their review and approval. Impacts to this habitat have been minimized by reducing the road right-of-way width and setback and relocating the trail to the west side of the development. Federal endangered species of concern in the region include the northern long-eared bat (NLEB). Based on the tree species present onsite and the fact that there are no known NLEB hibernacula or roosting colonies in the project vicinity, negative effects to the NLEB or its habitat are not expected. Floodplain The 2015 DFIRM indicates Zone A floodplain on site, mainly over the easterly wetland complex and along ACD 32. Per RCWD modeling data, the east floodplain base flood elevation is 904.5 and the west floodplain elevation is 904.2. Per March 14, 2019 revised Sheet FP, Floodplain Exhibit, 215 cy of floodplain fill is required related to the Street C/ACD 32 ditch crossing. Proposed floodplain mitigation is 47,700 cy. 10 A FEMA Conditional Letter of Map Revision (CLOMR) or Letter of Map Revision (LOMR) is not required because floodplain impacts do not encroach into any single family lots. Growth Management Policy Per the Comprehensive Plan (page 3-27), an annual average of 230 units per year over each 5 year phasing period not to exceed 345 units in any 1 year is allowed. At the end of the 5 year phasing period, unallocated units will be averaged out over the next 5 years. Natures Refuge is proposed to be graded and developed in one (1) phase. Homeowner’s Association (HOA) A homeowner’s association (HOA) shall be responsible for the ownership and long term maintenance of the items detailed in Resolution No. 20-81, HOA Declaration and/or Development Agreement. Development Agreement A Development Agreement shall be drafted by the City, executed by the City and the developer and recorded by the developer. Title Commitment The City Attorney reviewed the title commitment and final plat and has the following comments: 1. The signatory on the plat does not match up with the title work. The plat is drafted to be signed by Preferred Builders, Inc. The title work shows title in preferred Properties and Management, LLC, a Wyoming LLC. 2. There is a mortgage on the property reflected in paragraph 18 of Schedule B, Part II. As the mortgage company is not a signatory, you will need to do the consent you have done in the past. Stormwater Maintenance Agreement Under the City’s and RCWD Programmatic Stormwater Management Facility Maintenance Agreement, the City will be responsible for maintenance of the stormwater management facilities related to Pond 100, Pond 400, Infiltration Basin 10, Infiltration Basin 20, ACD 10- 22-32 ditch crossing culvert and outlet structure. RCWD is responsible for maintenance of ACD 10-22-32 per a recorded Easement for ditch maintenance. RCWD is requiring a declaration of stormwater maintenance for Lake 200 and Lake 300 in which the HOA is responsible for maintenance. Rice Creek Watershed District (RCWD) RCWD issued a CAPROC for Permit #17-122 on May 22, 2019. 11 Findings of Fact The Findings of Fact for the Rezoning and PUD Development Stage Plan/Preliminary Plat are detailed in Ordinance No. 05-18 and Resolution No. 18-70, respectively. The Findings of Fact for the PUD Final Plan/Final Plat are detailed in Resolution No. 20-81. RECOMMENDATION The Planning & Zoning Board reviewed the PUD Final Plan/Final Plat on July 10, 2019. The Board recommended approval of the development with a 6-0 vote. ATTACHMENTS 1. City Engineer Memo dated July 22, 2019 2. Environmental Coordinator Memo dated July 29, 2020 3. Resolution No. 20-81 4. Final Plat 5. Resolution No. 20-82 6. Development Agreement Building a legacy – your legacy. 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 Memorandum To: Katie Larsen, City Planner From: Diane Hankee PE, City Engineer Date: July 22, 2019 Re: Nature’s Refuge Final Plat Review Project No. 011406-000 We have reviewed the Final Plat documents received April 28, 2020 for the Nature’s Refuge development including: • Final Utility Plan Set prepared by Carlson McCain • Final Grading Plan prepared by Carlson McCain • SWMP rev 6 prepared by Carlson McCain The following are our review comments that should be responded to in writing b y the applicant. Carlson McCain Responses in Brown 12/20/19 City comments are in blue. Responses in purple. Responses in Light Blue 06/06/19 The applicant shall submit an updated Geotechnical Report, SWMP, and RCWD approval for ACD 10-22-32 realignment, per our comments below. Engineering • General The Nature’s Refuge development includes 95 acres north of CSAH 14 (Main Street), west of CSAH 23 (Lake Street) and east of Wood Duck Trail. The revised project proposes 62 single family houses and associated infrastructure. This propert y was originally part of a larger development of which an Environmental Assessment Worksheet (EAW) was prepared. The evaluation concluded that the project did not have the potential for significant environmental effects. The EAW included a comprehensive anal ysis of the area which we incorporated as part of our review for Nature’s Refuge. The site has relatively flat topograph y, with elevations ranging from 904 to 914. Much of the site is below 905, which is the approximate elevation of the delineated wetlands on the site. The geotechnical conditions of the site indicate that there is one foot of topsoil overlaying glacier outwash including silty sand and poorly graded sand. Sandy lean clay was found 29 and 40 feet below grade. The groundwater elevation at the south end of the site is 904 and 898 at the north end of the site. 1. Street C shall be extended to the north side of Anoka County Ditch (ACD) 10-22-32. This includes the extension of sanitary sewer and watermain and culvert crossing reconstruction/extension. The road bed shall be graded and restored for future extension and paving. Street C extended to the north extents of the property. 2. Sheet 13 (Preliminary Site and Utility Plan) shows an Outlot C in the same locations as previously identified Outlot B. Outlot lettering updated 3. Each plan sheet should include an accurate legend. Legend updated. 4. This project is assumed to be phased with Blocks 3, 4, & 5 being constructed as Phase 2. Noted. 2 phases proposed. Proposed all as one phase. Noted, Final plans are shown as one phase. 5. Standard Detail Plates from the City of Lino Lakes General Specifications and Standard Detail Plates dated February 2018 should be used in the “Details” section of the plans. Contact Ed Youngquist at the City of Lino Lakes for PDF versions. The city detail plates will be added in with final grading plans as well as final street and utility plans. City of Lino Lakes 2020 Standard Detail Plates shall be used. 6. Applicant to include pedestrian curb ramps in final plat. Pedestrian ramps shown in final Utility and Street Construction plans. • Grading, Erosion and Sediment Control The Nature’s Refuge development proposes the mass grading of 62 new single-famil y lots. It includes the extension of streets and utilities northerly from Main Street (CSAH 14). A project SWPPP was submitted and reviewed. Comments: 1.The applicant shall submit the earthwork volume data for excavation and embankment. Earthwork balance is attached. 2.The applicant shall ensure that the proposed grading is not in conflict with the existing elevation south of Street B at the edge of the site. FES added to catch runoff in the created low area. 3. Label pre-drainage and post-drainage directional flow arrows. This is shown on the drainage figures in the SWMP. Drainage arrow need to be shown. Drainage arrows added. 4. Show locations for stockpiles and BMP measures for stockpile management. Stockpile locations will be determined by the grading contractor. BMP measures are detailed in the SWPPP. 5.The applicant shall show a screening berm along Main Street (CSAH 14) and grades to accommodate a trail, see comments in the transportation section. A berm is not possible with the drainage swale in the Outlot D. A 15’ landscape easement has been added along B4 L15-17 and a screening fence along B7 L1. 6. The applicant shall add redundant perimeter control measures spaced 5’ apart where a 50’ buffer cannot be maintained from wetland or surface water areas. Areas include the eastern portions near Sta 3+00, Sta 6+50, Sta 7+50, Sta 12+00. Redundant perimeter silt fence added along entire length of wetland east of blocks 5 and 6 and east of Street C. 7. The applicant shall review drainage being directed onto adjacent private property: • Water from Street B and A is directed to east and may require an easement from the landowner to drain to the proposed FES. Grading has been revised. Sidewalk revised to 8 feet and placed against curb to allow for additional grading to the east. • West side of L2B8? Grading has been revised on the west side of L2B8. A FES has been added and swale elevations added. Better define/pull back, into the yard from both the north and south, the swale on the west side of L2B8. Slope steepened along the driveway to 3:1 to provide a better swale. Easements revised accordingly. 8. Better define the grading for the future trail along Main St. and edit not to say “Grade 10’ trail for future construction”. Note sheet 4 of the sanitary profile does not show the trail cut in please edit. Future grading shaded back in the exception piece and a note added. Trail to slope into Main Street where there is curb and slope away where there is none. This may change when the county decides to expand the street in the future. Note that correspondence we have received from the county, the road will be expanded, but no date has been determined yet. Also per conversation with the county, see updated turn lane layout and slopes from edge of bit to infiltration basin. • Stormwater Management The existing site is undeveloped and has Anoka County Ditch (ACD) 10-22-32 flowing through the site from east to west. The site also contains several wetlands. The Nature’s Refuge development proposes a storm sewer and ponding s ystem. The s ystem shall meet the City’s and Rice Creek Watershed District’s (RCWD) Stormwater Management requirements. The total proposed impervious surface is 7.8 acres. They are proposing that the impervious areas be managed through storm water ponds, infiltration basins and wetlands and discharging to ACD 10-22-32. Basin NWL HWL Pond 100 902.5 905.2 Pond Lake 200 901.5 902.6 Pond Lake 300 902.0 Confirm 902.5 Pond 400 901.8 902.7 Basin 10 N/A 907.3 Wetland C 902.0 903.1 Per the submitted modeling the rate control for the site does not increase. The majority of the discharge leaving the site is through ACD 10-22-32. A CAPROC has been approved by RCWD for reference. Noted. Comments: 2. RCWD is the ditch authority for ACD 10-22-32 and is responsible for the maintenance, function and capacity of the ditch. The City of Lino Lakes would be responsible for Pond 200 maintenance and function. The ditch, and its associated rights, extend east and shall not be routed through the pond. The easement will extend around the north end of the pond to provide RCWD with the access needed. This has been discussed with the watershed. Applicant shall address water quality calculations, and confirm whether Pond 200 is necessary for water quality treatment for the impervious surface increase. If the pond is not necessary to meet water quality treatment, then similar to Pond 300, Pond 200 is recommended to be private and be maintained by the Home Owners Association. If Pond 200 is necessary for water quality treatment, the applicant shall work with the City as well as the RCWD Ditch Authority. Pond 200 should be 2 cells separating ACD 10-22-32 into one basin, and the City Pond into a second basin as needed for water quality. Pond 200 is not necessary to meet NURP requirements. Pond 200 and Pond 300 are not necessary to meet NURP requirements and should be identified as something other than a pond (lake, basin, etc.) and are also recommended to be maintained by the Homeowners Association. Designations for Pond 200 and 300 changed to Lake. 3. Pond 300 is not considered a stormwater pond. It doesn’t meet the requirements for water qualit y treatment due to the depth. It was not included as part of the water qualit y calculations. It is recommended that this borrow area should be private and maintained by the Home Owners Association.. Comment Noted This shall be called out in the agreement and provided by the developer. 4. The applicant needs to adjust the location of the outlet control structures such that City can access and maintain. Specific to Pond 200. Access is provided to outlet control structures. Access is shown on plans via maintenance bench around pond and bituminous trails where ponds/lakes are not accessible from the road. 3A. Applicant to confirm that RCWD Ditch Authority to maintain outlets and culverts within ACD 10-22-32 easement and submit information to the City. Waiting for verification from RCWD. RCWD has noted they will not maintain the culvert and outlet. 5.The applicant shall include the 10-day snowmelt event in modeling and update the proposed 10-day snowmelt HWLs on the plans. 10-day snow melt added to the models and report. Applicant shall include the modeled 10-day snowmelt HWLs on the plans. 10-day snow melt results are shown on the plans and will be included in the updated SWMP. 6.The applicant shall confirm the amount of new impervious. There are different numbers in Section 1.2 and Section 2.5 of the Stormwater Management Plan, Section 2.2 of the Stormwater Pollution Prevention Plan (SWPPP), and the HydroCAD modeling. New impervious area has been recalculated and confirmed. Addressed for Stormwater Management Plan and HydroCAD. Applicant shall update the SWPPP. SWPPP updated per SWMP updates. SWMP revision 5 dated 5/13/19 still contains three different net new impervious surface areas. Applicant has confirmed that the impervious surface reported in the RCWD CAPROC (8.7 acres) is the correct amount. This aligns with HydroCAD modeling, and water quality requirements for this amount are being met. The City recommends the applicant update their SWMP to reflect this number. SWMP updated to relate to 8.7 acres of proposed new impervious. 7.See Table C3 in RCWD Rule C: Stormwater Management Plans for maximum curve numbers for existing conditions and adjust modeling accordingl y. See section 4b for adjustments to curve numbers for proposed conditions. Curve numbers changed to match RCWD rules 8.The applicant shall confirm that the names of wetlands match between the existing conditions map and the existing conditions HydroCAD model. Node IDs are changed 9.The applicant shall provide the wetland susceptibility class, bounce, and inundation periods for impacted wetlands. See Table C4 and section 8 in RCWD Rule C. None of the wetlands provide retention or significant bounce in existing or proposed conditions because there is not a well-defined storage or outlet component. The submitted HydroCAD model indicates that wetlands on the site have storage and outlets. Please provide wetland susceptibility class, bounce, and inundation periods for impacted wetlands. Summary will be provided in the updated SWMP. The total bounce in the wetlands is less than 1 foot for the 100-year rainfall event. The outlets and storage are modeled as natural overflow weirs with typical undulating bottoms for storage. Wetland summary not provided in SWMP revision submitted; applicant must show with final SWMP revision wetland summary requirements noted above are being met. SWMP is updated with wetland summary bounce and inundation requirements. 10. The applicant shall refer to Table C5 in RCWD Rule C for soil infiltration rates. Comment Noted Applicant shall update infiltration rate in HydroCAD model for IB10 to be consistent with soil boring and Table C5. Soil boring SB-2 was placed in the infiltration area. The soil was described as silty sand overlying coarse-grained sand. This is consistent with an infiltration rate of 0.45. 11.The applicant shall update water quality standards to be consistent with the requirement to treat 1.1-inches of runoff for new or reconstructed impervious surface per section 6c of RCWD Rule C. See Table C1 in RCWD Rule C for the TP removal factor for stormwater ponds and apply as necessary. The applicant shall verify that the site is meeting water quality treatment standards. Meeting the standards is not feasible on this site due to the high water table. The applicant needs to meet water quality standards for the site. Please update Appendix C to account for the TP removal factor indicated for stormwater ponds (Table C1 in RCWD Rule C or Table 2 in Lino Lakes Code of Ordinances Chapter 1011). The applicant shall consider including a water quality discussion in Section 2 of the Stormwater Management Plan. Updated TP removals will be included in the updated SWMP Updated TP not included in the revised Appendix C. Per RCWD CAPROC, water quality requirements are being met. It is recommended that applicant include a water quality discussion in section 2. RCWD has approved this plan. Please verify that the city will require this. All ponds are designed to NURP standards. All ponds, basin expansions, the addition of infiltration, and enhancement of wetlands should cover TP requirements. Very little water is running directly offsite. The majority of the site is running through at least two of these (if not more) storm water practices. Total required water quality treatment removal for the 8.7 acres of impervious surface is being met by volume reduction and NURP ponds. Calculations are found in Appendix C of the SWMP. 12.The applicant shall verify HWLs for ponds. In some instances, they differ between the HydroCAD modeling and the plans. HWLs confirmed. The applicant shall revise the HWLs on the plans to match HydroCAD modeling. Plans are updated. Applicant shall clarify why two different 100-yr HWL and 10-day Snowmelt elevations are shown on the plans. Smaller text shows HydroCAD water levels. Larger text shows water levels provided by RCWD. Both are shown to compare the two. 13.The applicant shall clarify the intent of the low area on Outlot D. If intended to be a stormwater pond, please include it in modeling. Node added 14.The applicant shall revise the ACD number it varies throughout the Stormwater Management Plan and SWPPP narratives. Comment Noted and ditch ID consistent in report Addressed in Stormwater Management Plan. Applicant shall update the SWPPP. SWPPP updated per the SWMP. 15.The applicant shall verify the lot lines on Lot 12 Block 4, Lot 4 Block 1, and Lot 5 Block 1. It appears the structures may encroach on the drainage and utility easements. Plan updated. The applicant shall verify the lot lines on Lot 24 Block 7. It appears the structure may encroach on the drainage and utility easement. Lot lines revised in this area as well as pad locations. 16.The applicant shall include the bottom elevation of the infiltration basin on the grading plans. Elevations added. Applicant shall verify the bottom elevation, as it differs between HydroCAD model, plans, and Appendix C. Verify the culvert outlet elevation; outlet should be above the exfiltration elevation. As a note: planting medium is not necessary below the bottom of the infiltration basin. The infiltration is not intended to provide above-ground retention to prevent oversaturating the back yards of the adjacent lots. The area is a flat infiltration swale area. The plan and HydroCAD Model now show the outlet elevation equal to the infiltration basin bottom. Note that with this design, infiltration volume credit cannot be claimed for IB10 and the SWMP must be updated. Volume of infiltration is the ponded volume (volume from basin bottom to the outlet elevation). Outlet for infiltration basin 10 raised 0.5’ above bottom of basin. Per RCWD comments, infiltration volumes have been updated. 17.The applicant shall verify the retention volume calculation for Pond 400 in Appendix C as there appears to be an error. The volumes are correct. 18.If needed, the opportunity may exist to maximize infiltration at the infiltration basin by constructing the basin to minimize the separation between the bottom of the basin and the water table. The basin needs minimum 3 feet separation from the water table and cannot be lowered. 19.The applicant shall verify that the HWL of the Infiltration Basin is 2.0 feet below the low entry elevations of surrounding buildings. Separation requirement is met 20.The applicant shall display and label emergency overflows with spot elevations and drainage arrows at all ponds and sags, specifically at the intersection of Street A and Street C and at the cul-de-sac of Street C. EOF’s added. 21. The applicant shall confirm that there is a 10-ft. setback between the HWL of the infiltration basin and the drainage and utility easements. HWL is covered by easement. 22. The applicant shall verify that the top berm of stormwater ponds is 2 ft. above the HWL of the pond. Berm updated. 23.The applicant shall label the safety bench on the plans. It shall be at least 10-ft wide. The pond slope cannot be greater than a 3:1 slope. Comment noted. The applicant shall label the safety bench on the plans. Safety bench label added. 24. The storm sewer system and grading in the rear yards of Lot 1-3 Block 1 should be evaluated to eliminate the middle structure and provide one EOF. The CB between Lot1 & 2 should be moved north onto Lot 2 so that it is not on the property li ne. This is not possible to maintain minimum slopes. 25. The applicant shall update the drainage area characteristics for Pond 100 in Appendix C. While the calculations appear to be correct, the applicant shall update all ponds in Appendix C to indicate that 1.1” of runoff is the required water quality volume for new impervious area. Included in the updated SWMP 26. The applicant shall confirm the elevations of the broad crested rectangular weir outlets of Ponds P200. Weir elevation updated in the model 27. The applicant shall verify NWLs (Pond 300, Wetland C) and 100-year HWLs (Pond 400) in Table 1. Note that infiltration basins do not have NWLs. Normal water levels verified. 28. It is highly recommended (MPCA Stormwater Manual) that pond liners be installed at wet ponds in A or B soils. The MPCA stormwater manual recommends a liner for ponds in A or B soil to maintain permanent pool. The ponds on the development intersect the water table so a liner is not necessary. The applicant shall note that proposed water quality ponds are not within a Source Water Protection Area therefore they are not required to have a liner. However, it will be the responsibility of the Developer to show that the proposed dead pool volume can be maintained after construction. Based on the water levels of the wetlands on-site, the dead pool volumes of the proposed ponds are assumed to be maintained post construction. 29. The applicant shall confirm that the starting elevations for the HydroCAD modeled storm pond storage start at the bottom of the pond (and not below). Specific to Ponds P200. Pond 200 starts at 901.5 and the v-notch weir is set at 901.5. 30. On the Anoka County ditch system, there shall be consideration for beaver guards at all surface water structures Beaver guards will be discussed and confirmed with the ditch authority. 31. The applicant shall provide a design option, in coordination with RCWD, of culvert 3 that would reduce the susceptibility to being plugged by beavers. Please verify this is needed or can be something the City takes care of? This is not an engineering design standard. The ditch will be maintained by RCWD and Lake 200 will be the responsibility of the home owners association. If a Beaver prevention devise is used it would installed with the culvert and to be included in the plans. We will send the engineering information as we receive it. Plans updated with Clemson beaver pond leveler. The applicant shall send the Beaver device to the ditch authority for approval/acknowledgement. 32. The applicant shall include flumes at the west end of Street C or provide information as to how the runoff will be maintained on site. See updated plans. The end of Street C will be directed south to the FES added with this revision. • Water Supply There is an existing 12 inch diameter trunk watermain located along CSAH 14 (Main Street). The Nature’s Refuge development is proposed to be served by extending 8-inch diameter DIP watermain from an existing 8-inch diameter DIP watermain stub where Street A meets Main Street (CSAH 14), and installing 1-inch diameter Type K copper services. The City’s Comprehensive Plan requires that a 16 inch diameter trunk main be extended north/south in this area. The proposed watermain extends west and north for future connection / looping. Comments: 1.The applicant shall loop the system along the west side of Lot 25 Block 4 from Street C to Main Street. Watermain loop added. The watermain on L1B8 shall be located (moved east) under the trail in the outlot verses in an easement on the west side of the lot. Watermain relocated under the trail in Outlot E. 2.The applicant shall install 16 inch diameter trunk watermain from Main Street north through the development. Along west side of Lot 25 Block 4 and to the north extents of Street C. Trunk oversizing credits will apply. Watermain sizing updated. 3.Watermain shall be extended north along Street C under ACD 10-22-32. Watermain extended to the northern propert y line. 4.16 inch Gate Valves should be added east of Street D and just south of the ditch crossing. Valves added 5.The existing hydrant along Main St will need to be relocated for the trail. The existing hydrant should be moved when the trail along Main Street is installed. See comments on trail below. Also, by moving the hydrant, their will need to be a temporary easement provided in the exception piece and will have to be placed at the right of way line. The installation of the trail and hydrant relocation would be better constructed when the additional right of way is acquired by the county. 6.Trees should not be planted on top of the watermain (20’ clear above) on Outlot E and shall be 10-15’ back from the trail. Landscape plans revised. • Sanitary Sewer There is an existing 21 inch diameter trunk sanitary sewer located along CSAH 14 (Main Street). The Nature’s Refuge development is proposed to be served by extending 8-inch diameter PVC sanitary sewer throughout the development from an existing sanitary sewer manhole in Main Street (CSAH 14) just south of Outlot E, and installing 4-inch diameter Schedule 40 PVC services. The City’s Comprehensive Plan requires that the sanitary s ystem serves the future lift station and forcemain of Sanitary Sewer Sub-District 2K, discharging to the northernmost proposed manhole in Street C. Comments: 1.The applicant shall increase the mainline sanitary sewer in Street C and D to 10 inch diameter at minimum grade 0.28%. Trunk oversizing credits will apply. Sanitary sewer sizing updated. 2.The existing sanitary sewer stub at Main St and Street A shall be properl y abandoned and plugged at the Manhole. Note added to abandon. 3.The applicant shall add a note that sanitary services require the contractor to provide X, Y and Z GPS coordinates of wyes and service ends for future locating requirements. This will be noted on final construction plans. 4.The applicant shall add a note that sanitary sewer pipe be installed with a tracer wire. A tracer wire box shall be provided at the surface for the ends of the sanitary sewer service tracer wire to provide access to wire ends for future locating requirements. This will be noted on the final construction plans. 5.Sanitary Sewer shall be extended north along Street C under ACD 10-22-32. Sanitary sewer extended to the northern propert y line. 6.Sanitary Sewer shall be extended west along Street C from the most westerly manhole to the same extent as the watermain. Sanitary stub added. 7. L2B8 should call out a cleanout on the sanitary sewer service. The service has been extended into the lot (to be installed with development). Cleanouts are shown every 100’ • Transportation The Nature’s Refuge subdivision is proposed on the north side of Main Street (CSAH 14) between Lake Drive (CSAH 23) and 4th Avenue. Access will be from a new street connection (Street A) to Main Street (CSAH 14). The development will be set for future extensions to the west, north, and to Lino Lakes Elementar y. To improve access control on Main Street, the City is working with School to remove their west access and connect to Nature’s Refuge. A Traffic Study evaluating the Nature’s Refuge development was submitted by Spack Consulting. The development includes 60 single family homes that are anticipated to generate approximately 565 new trips per day, 45 new trips in the a.m. peak hour and 60 trips in the p.m. peak hour. Comments: 1. The Study needs to provide an analysis of the existing LOS with and without the proposed development as outlined in the Section 1001.013(2)(c). See revised memo from Spack. The revised Traffic Study addressed a portion of this comment. The Study should also consider what the impacts are for an interim analysis a year after the development is completed as well as the no-build conditions without development for comparison. The May 17, 2018 revised Traffic Study addressed a portion of this comment: on page 5 for the planning level screening anal ysis by including the 2015 no-build analysis. However, an interim year was not considered to address when improvements with a two lane facility may be need prior to the 4 lane facility being constructed. In addition, the Intersection Anal ysis on page 7 and 8 did not include the 2015 no-build or interim year anal ysis. Following discussions with the developers engineer an updated revised Traffic Study dated June 4, 2018 was prepared to address the remaining portion of the comment. The Study now includes the analysis of the interim 2021 conditions with the proposed development with existing geometric conditions. Noted per comment above. 2.Projected traffic from any future phases of development (extension of Street B, Street C, and Lino Lakes Elementary) that would use Street A to access Main Street (CSAH 14) should be included in the analysis. See revised memo from Spack. 3.It is anticipated that Street A would require designated turn lanes at Main Street. The Study should evaluate the intersection of the new Site Access Street (Street A) and Main Street (CSAH 14) for both safet y and operations. It is anticipated that Anoka County Highway Department will require right and left turn lanes on CSAH 14 (Main Street). The turn lane construction shall be add throughout the preliminary plat documents. Turn lanes denoted throughout the plans. Detailed turn lane construction plans will be part of the final construction plans. Turn lane construction plans shall be submitted. Turn lane plans attached. Plans submitted to Anoka County for review. The curb should extend from the east into the development? Looking at street plans and turn lane plans there would be a gap in the curb. Applicant to detail how the curb will drain and the ditch for the turn lanes. Generally, how is the drainage from the turn lanes being accommodated? Plans have been revised and submitted to the county – Per discussion with the county, drainage across the intersection is ok. A 20-scale blow-up of the intersection with regards to drainage can be found on sheet T2. Curb to wrap into the site on the east side of the entrance and be removed on the west to match existing drainage patterns. 4. Upgrading Main Street (CSAH 14) to a 4-lane roadway has been identified by both Anoka County and the City for some time in the future but has not been programed. Therefore, should the analysis show that existing conditions do not require improvements at Street A and Main Street (CSAH 14), documentation should be provided of when in the future with the existing lane configurations the improvements would be needed. See revised memo from Spack. 5.Assuming that the intersection of Main Street (CSAH 14) and Lake Drive (CSAH 23) will be addressed in the future, no further anal ysis over what is included in the current Traffic Study would be required. Comment noted. 6. Street A and Street C shall be 32 feet wide from face of curb to face of curb. The plans currentl y show back of curb. As discussed, 32’ back to back is acceptable. 7.The cul-du-sac widths can be reduced to 28 feet wide from face of curb to face of curb. Cul-de-sacs have been updated to 28’ back to back. As discussed, 28’ back to back is acceptable. Cul-de-sacs shall be 30’ back to back. Cul-de-sac widths updated to 30’ back to back. 8.The ACD 10-22-32 crossing shall be wide enough to accommodate the road, a 5 foot buffer and an 8.5 foot wide trail with 4:1 side slope tapers. Ditch crossing updated. Street C extended to the northern propert y line. 9.The future trail extension along 10-22-32 should be relocated to the same crossing as Street C. Thus there would only be one ditch crossing. Ditch crossing updated. 10.There is a future trail planned along the north side of Main Street. The plans shall include the grading for this trail. This will likely also require h ydrant relocation. Grading for a future trail has been incorporated. Hydrants will be relocated at the time of trail construction. The trail should be constructed from L2B8 to Street A. From a quick review at this area, the proposed trail is set 8 feet behind the proposed curb line. In order to construct the trail, there will need to be approximately a 10 to 15 foot grading easement in the exception piece. The trail would be better constructed when the county is able to acquire this portion of right of way. Staff agrees additional right of way or easement would be needed. Noted. 11.The applicant shall remove the trees identified in the Landscaping Plan from the sight line triangle of Street A and Main Street (CSAH) 14. Revised per cit y comments. 12.Trees at the intersection of Street A & C should be moved from the site lines. Landscape plans revised. 13.A bituminous trail is recommended through this site. As noted in the wetland section of this report the proposed location, along Lots 1-6 Block 3, is within the 25 foot buffer and should be relocated. The proposed trail location is allowed by RCWD rules and will therefore not be relocated. According to RCWD Rule F 6(e)(7)(iii) – Buffer may enclose a linear surface for non-motorized travel no more than 10 feet in width. The linear surface must be at least 25 feet from the wetland edge. The area of the linear surface will not be eligible for replacement credit. For projects proposing non- motorized travel no more than 10 feet in width, the linear surface may be reduced to less than 25 feet from the wetland edge based on compelling need and a TEP recommendation to the District in support that the wetland protection afforded is reasonable given the circumstances. Per Kjolhaug Environmental Services. 14.The proposed sidewalks were reviewed. Pedestrian curb ramps will be required, and reviewed with the final construction plans. Comment noted. 15.Street C temporary cul du sac should have continual curb and gutter and temporary paved eyebrows. The storm sewer will need to be adjusted. Temporary cul-de-sac and storm sewer has been updated. 16. The Revised Traffic Study provided a summary of the Level of Service for each intersection movement for CSAH 14 and Street A. It concludes that in the build 2030 and build 2030+ conditions the southbound left turn would operate at a LOS F. Are the recommended improvements discussed on page 9 of the Study included with the build analysis? If not, what is the change in Level of Service with these improvements? What is the Level of Service for the interim year (see comment #1)? What is the Level of Service in the no-build condition? This comment was not addressed in the May 17, 2018 revised Traffic Study. Following discussion with the developers engineer an updated revised Traffic Study, dated June 4, 2018 was prepared which did address the comment. The Study concluded that a southbound right turn lane would be needed at the CSAH 14 and Street A intersection. It appears the preliminary plat roadway width accommodates this and should be verified with the final plat (striping plan). Noted per comment above. 17. The applicant shall move the trail crossing to the intersection of Street C and Street E. Trail crossing updated. Ped crossing signs and striping should be added. Noted. Pedestrian signs and striping will be added in final plans. Striping added on site plans. 18. The applicant shall widen the sidewalk in front of Block 8, Lot 1 to 8.5 feet between the trail connections. Trail in front of Lot 1, Block 8 updated. L1B8 shall be 8.5’ wide concrete sidewalk vs trail. Revised to concrete. 19. The applicant shall show striped crosswalks for the trail crossings with the final plat. Crosswalk markings added. Please add to the intersection of Street C and Street E. Striping added to preliminary and final plans. 20. Applicant shall adjust slopes on the back side of the trail to be a 4:1 specifically at the ACD 10-22-32 ditch crossing. This may require extending the culvert length. Side slopes of trail checked, and are proposed at 4:1 slope. 21. The applicant should install a fence or guardrail on the east side of the trail near Sta. 8+25. Fence/Guardrail to be installed. 22. It is suggested that the applicant move the trail crossing near Sta. 8+25 to the south, away from the ditch crossing. Note: the low point location would be adjusted so that the catch basins do not interfere with the pedestrian ramps. Trail crossing unable to be moved. 23. Street lights shall be shown on the plans. Street lights have been added to final signing and striping plans. There should be a street light at the intersection of Street A and Main Street. The light at Street B could be moved and mid-block light location adjusted. Street lights adjusted. 24. The roadway typical sections shall include the city’s standard 2’ of subgrade replacement. The geotechnical report does not specifically identify that the in place material meets the subgrade specifications. Detail revised to show 2’ subgrade replacement. 8” of Class 5 and 2’ of Select Granular required. Please edit detail. Revised streets sections to newer details. Note that 6” of class 5 and an approved subgrade are shown. See response received below from Paul Gionfriddo with Haugo regarding the subgrade section. The soils encountered in the borings are predominantly poorly graded sand poorly, graded sand with silt or silty sand which correspond to the ASTM Classification SP, SP- SM and SM, respectively. Soils meeting the ASTM Classifications SP or SP-SM have P- 200 contents less than 12 % and soil meeting MN/DOT specifications for Select Granular Borrow must have P-200 content less than 12%. The on-site soils Classified as SP or SP-SM already meet the MN/DOT requirement for select granular. This is generally discussed in the Pavement Section (Section 4.11) in the geo report and we recommended using an R-Value of 50 for pavement design. Paul Gionfriddo HGTS 612-271-8185 Please update standard detail plates to be 2020. • Wetlands and Mitigation Plan The Nature’s Refuge development site includes 7 wetlands on 41.55 acres as outlined in the WCA Notice of Decision approved by RCWD. The plan proposes to fill 2 acres of wetlands, some of which are denoted as “high priorit y wetlands” in the city’s Comprehensive Plan. A wetland sequencing application was submitted by Kjolhaug Environmental Services to RCWD on J anuary 8, 2018 and is currentl y incomplete. Approval of a complete sequencing application and submittal and approval of a wetland replacement plan will be required prior to issuance of a grading permit. Wetlands are being reviewed by the Environmental Coordinator. Noted. Wetlands on the project are located within the Wetland Management Corridor and will require mitigation as noted in Rice Creek Watershed District’s Rule F (Wetland Alteration), Section 6(b). Wetland 1 is not located within the WMC. All other wetlands are located within the WMC. Per Kjolhaug Environmental Services. 1. An average 50-foot buffer (25-foot minimum) will be required around all wetland areas following construction. It does not appear that the proposed buffers meet the minimum buffer requirement in all locations. In an effort to minimize impacts to wetlands yet meet project purpose and need, proposed WMC buffer does not meet minimum requirements along some areas of proposed wetland fill. A variance application for these areas will be submitted to RCWD for review with the revised Wetland Permit. Per Kjolhaug Environmental Services. 2. A 10-foot bituminous trail is proposed within the upland buffer adjacent to the wetland in Outlot B. This trail must maintain 25-feet from the edge of the wetland. The City’s Environmental Coordinator is reviewing the wetland buffer areas. Noted. 3. Two deep (30+ foot deep) ponds (Pond 200 and Pond 300) are proposed adjacent to wetlands within the project. The adjacent wetlands are denoted as “high priority wetlands” in the city’s Comprehensive Plan and are noted as having exceptional vegetative diversit y. The applicant shall take steps to ensure that the ponds will not drain the adjacent wetland areas. In the WCA Wetland Replacement Plan, the developer shall provide a plan to protect adjacent wetlands, the plan shall also include a mitigation plan if the wetlands are impacted post construction. With regards to pond construction and potential drainage effects on adjacent wetlands: • Pond 300 in the northeast portion of the development area will be a maximum of 22 feet deep, has a predicted NWL of 902-ft, and has no outlet (no outlet structure or emergency overflow). In reality, the open water portion of Pond 200 will be the elevation of the local water table and will vary throughout the year as the water table does because the pond does not have a controlled outlet to stabilize water levels. Because the pond does not have an outlet to drawn water down, it will not drain nearby wetlands (there is no where to drain the water if there is no outlet). For these reasons, drainage effects to Wetlands 3, 3a, or 3b from Pond 200 construction are not expected to occur. A similar pond with no outlet was constructed onsite sometime after 1991 near the proposed wetland banking wetland. That large, deep, open-water pond was excavated adjacent to wetland and has not resulted in wetland drainage. • Pond 200 will be excavated in around the west end of ACD 10-22-32 (west of the current ditch crossing). The ditch currently drains freely to the west (no controlled outlet). Water levels in the ditch were measured at 901.5-feet by the engineer. Therefore, newly constructed Pond 200 will have an OSC with V notch weir invert of 901.5-ft with the top of the weir at 902.5-ft. The adjacent wetland the southeast (Wetland 2) will have a NWL of 902.0-ft, and will have a raised outlet (EOF only) at 902.5-ft. Wetland 2 will need to be inundated with over 6 inches of water to outlet to Pond 200. That occurrence alone, usually occurring early in the growing season, will meet wetland hydrology requirements. For the remainder of the growing season, Pond 200 and adjacent Wetland 2 water levels will fluctuate with precipitation events and normal seasonal water table level variations. For these reasons, drainage effects to Wetland 2 from Pond 200 construction are not expected to occur. • Wetland 4 to the northwest of Pond 200 will not have an outlet, will not be connected to Pond 200, and will be physically separated by the pond maintenance bench/berm. For these reasons, drainage effects to Wetland 4 from Pond 200 construction are not expected to occur. • The current and proposed ditch crossing culvert invert elevations and size are equal pre and post development. Therefore, drainage effects to upstream wetlands are not expected to occur. Per Kjolhaug Environmental Services Applicant is submitting a geotechnical report addressing the existing wetland & soil conditions and present any proposals to protect the adjacent wetlands as needed. See attached Wetland permit application. Geotechnical report to be submitted when received. 4.A review of the DNR’s Natural Heritage Information System (NHIS) Database revealed that rare features have been recorded in or near the wetlands on the property. In 2002, toothcup (Rotala ramosior), a state threatened species, was located within one wetland that is proposed to be filled. Autumn fimbry (Fimbristylis autumnalis) and Blanding’s turtle (Emydoidea blandingii) have also been recorded near the project site. The developer will need to coordinate with the DNR to obtain a permit for the take (destro y, dig up, dispose of, possess, or transport) of threatened or endangered species. MnRAM guidance and the 2017 Native Plant Communities Assessment Final Report prepared by CCES have been reviewed. Based on this review and for WCA/RCWD purposes, vegetation quality for all wetlands onsite was determined to be low, with an associated RCWD wetland degradation status of marginally to severely degraded. Specifically: (1) rare plants found onsite are not persistent and therefore item i of the special features tab in MnRAM does not apply and vegetation quality is Low, and (2) although the Native Plant Communities Assessment Final Report identified rare species onsite, the report also states that (paraphrasing) “these rare species were located within areas dominated by crops or agricultural weeds. While state-listed species do occur within cropland and farmed wetland areas, their presence alone is not enough to classify these areas as native plant communities or rare native plant communities.” Rare plants were primarily found in disturbed, annually farmed wetland fringe areas. Per Kjolhaug Environmental Services. 5.The ghost plat shown in Outlot B on the north end of the project (Sheet 10) appears to propose future wetland impacts. These impacts should be taken into account during the sequencing efforts discussed by the Wetland Conservation Act Technical Evaluation Panel. Road alignments should be considered that would minimize future wetland impacts. The ghost plat is now shown to be proposed and has been modified to prevent wetland impacts. A permit to take has been submitted to DNR by CCES for all rare species located in the development footprint (areas that will be physically altered/graded/converted to another use). It is important to note that the presence of rare species onsite is largely a function annual soil disturbance/farming practices. Once farming practices on the site cease (with or without development), rare species occurrence on the site is predicted to drop. Per Kjolhaug Environmental Services. • Geotechnical A geotechnical evaluation was completed in response to the concerns over draining the adjacent Pin Oak wetland and impacts to adjacent wells. 1. The introductory paragraph and overall report shall provide recommendations for not only “dewatering” but also reference the” large borrow areas (Ponds 200 & 300) adjacent to existing wetlands”. To be provided with updated Geo report. 2. The applicant shall provide a map of identifying the location and quantit y of piezometers and another map of auger probes. To be provided with updated Geo report. 3. The applicant shall provide an evaluation of subsurface geologic feature mapping that can suspend water, or drain with the ground water flow in the absence of geologic “lens”. The Minnesota Geologic survey would be a good reference and soil augerings, mentioned above, to verify lens or no lens. To be provided with updated Geo report. 4. The applicant shall provide a document specifically outline the plan to address well impacts and a plan to address wetland impacts that may occur as a result of this development. The plan may include items suggested in geotechnical memo, clay berms and clay lining of the borrow areas. To be provided with updated Geo report. 5. We recommend that the City, through the Development Agreement, require securities for mitigation costs associated with protecting the adjacent Pin Oak wetland and adjacent wells. Noted. Wetlands are being reviewed by the Environmental Coordinator. Noted. • Floodplain The floodplain within the Nature’s Refuge development is a Zone A. The 2015 DFIRM base flood elevation (BFE) from RCWD modeling identifies the BEF elevations of 904.5 (easterl y floodplain) and 904.2 (westerl y floodplain). The applicant is proposing to fill 37 cubic yards of floodplain and mitigate onsite. There are 29,533 cubic yards of floodplain mitigation proposed on site. 1. Floodplain impacts are proposed on site due to stormwater ponding and structures, and Lots 4-5 Block 3. A LOMR will be required. The applicant shall provide a cop y of the CLOMR application to the City. The LOMR is to be in place prior to final plat. This is not required as the floodplain boundary does not encroach any of the lots. Noted. The applicant is not proposing FEMA floodplain changes at this time. • Drainage and Utility Easements The municipal infrastructure proposed with the Nature’s Refuge Preliminary Plat is generally within public right of way, easements and outlot. 1. Anoka County requires 75 foot right of way be dedicated along Main Street (CSAH 14). Right of way updated along Main Street. 75 feet of right of way provided. 2.The right of way shown in the Ghost Plat shall be dedicated with the Plat. Ghost plat is now shown to be proposed. 3.Street A, at Main Street (CSAH 14), will require turn lanes and thus additional right of way. Turn lanes added. No further Right of Way required. 4.Lot 25 Block 1 shall have a 20 foot drainage and utility easement for watermain looped connection. Easement added. 5.Lot 5 Block 1 shall be chamfered at the northeast corner to accommodate future access to Pond 100. Plan updated and access path added. 6.Bituminous trails shall be within 25 foot easements if not within right of way or outlot. Bituminous trail is only proposed in right of way or an outlot. Trail easements should be dedicated. Trail easements will be provided with separate document. Ownership of Outlots also to be determined. • Development Agreement A development agreement will be required with the final plat. Comment noted. • Grading Agreement Not applicable at this time. Comment noted. • Stormwater Maintenance Agreement A Stormwater Maintenance agreement will be required with the final plat. Comment noted. Per RCWD CAPROC (5-22-2019; Permit 17-122), the applicant will be responsible for submitting a maintenance agreement to the District, under which the applicant will be responsible for maintaining pond and crossings of the public drainage system (ACD 10-22-32) to ensure drainage function is maintained. The storm sewer system and treatment ponds may be covered under the City’s programmatic agreement. The maintenance agreement to be coordinated with the owner. In Process with owner. A draft Declaration for Stormwater Management should be submitted for review. Where RCWD is referenced the City should be added. A figure to identify City maintained verses HOA maintained should be submitted. • Permits Required The following permits shall be obtained prior to the issuance of a grading permit. Comment noted. Permits will be obtained. Permits #3 & #4 will be obtained prior to final utility construction. The applicant should identify the status of permits below. Comments: 1. NPDES Construction General Permit 2. City of Lino Lakes Zoning Permit for Grading 3. Minnesota Department of Health Watermain Extension Permit 4. MPCA Sanitary Sewer Extension Permit 5. Anoka County Permit for Work Within the ROW 6. Rice Creek Watershed Permit for Erosion and Sediment Control 7. Rice Creek Watershed Permit for Wetland Alteration 8. Rice Creek Watershed Permit for Stormwater Management (Rule C) 9. Rice Creek Watershed Permit for Floodplain Alteration (Rule E) 10. Rice Creek Watershed Permit for ACD 10-22-32 Alteration 11. FEMA Letter of Map Revision 12. DNR Permit for the Take or Endangered or Threatened Species Incidental to a Development Project. 13. DNR Water Appropriations Permit (for Construction Dewatering) • US Army Corps of Engineers Section 404 Permit If you or the applicant has any questions regarding these comments, please contact Diane Hankee at (651) 982-2430 or diane.hankee@ci.lino-lakes.mn.us. Page 1 Memo To: Katie Larsen From: Andy Nelson Date: July 29, 2020 Re: Environmental Coordinator Comments Environmental has the following comments about Nature’s Refuge: • Tree protection fence shall be installed then approved by the City Forester prior to any construction activities occurring on the site. Tree protection fence should appear on the Tree Preservation Plan; Grading, Development, and Erosion Control Plans at the correct dimensions (one foot radius from trunk per inch diameter at breast height) as called for in the Details Plate. • Update Planting Notes on Site Landscape Plan to match Details Plate on tree protection fence specifications. Tree protection fence should be installed at one foot radius from trunk per inch diameter at breast height (DBH) for all existing trees to be saved. • Trees in Open Space areas and around storm water ponds should be fire- resistant species, such as oaks, to allow for future maintenance with prescribed fire. Replace trees that are not fire-tolerant with oaks. Environmental 1 CITY OF LINO LAKES RESOLUTION NO. 20-81 RESOLUTION APPROVING THE PUD FINAL PLAN/FINAL PLAT FOR NATURES REFUGE WHEREAS, the City received an application for Natures Refuge PUD Final Plan/Final Plat approval hereafter referred to as Development; and WHEREAS, City staff has completed a review of the proposed Development based on the following plans and information: • Sanitary Sewer, Watermain, Storm Sewer and Street Construction Plans prepared by Carlson McCain dated January 16, 2020 • Grading, Development & Erosion Control Plans prepared by Carlson McCain dated March 6, 2020 • Preliminary Plan Set prepared by Carlson McCain dated June 12, 2019 • Stormwater Management Plan prepared by Carlson McCain dated June 7, 2019 • Net Area Exhibit prepared by Carlson McCain dated June 12, 2019 • Site Landscape Plan prepared by Carlson McCain dated June 27, 2019 • Final plat prepared by Carlson McCain received April 28, 2020; and WHEREAS, the City Council the approved the PUD Development Stage Plan/Preliminary Plat with Resolution No. 18-70 on June 25, 2018; and WHEREAS, the Planning & Zoning Board reviewed and recommended approval of the Development on July 10, 2019; and WHEREAS, the proposed Development is not considered premature and meets the performance standards of the subdivision and zoning ordinance; and NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby makes the following: FINDINGS OF FACT 1. The 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. 5. All fees, charges and escrow related to the preliminary or final plat have been paid in full. 2 BE IT FURTHER RESOLVED by the City Council of the City of Lino Lakes hereby approves Natures Refuge PUD Final Plan/Final Plat subject to the following conditions: 1. Outlots A thru F shall be owned and maintained by a Homeowner’s Association (HOA). a. The developer is responsible for the installation and establishment of landscaping and fences. b. The HOA is responsible for the long term maintenance of landscaping and fences except for boulevard trees. The City shall install and maintain boulevard trees. 2. Outlots A, B and D are protected by a recorded Easement (Conservation) and Declaration (Wetland Buffer). a. The developer is responsible for the installation and establishment of landscaping and vegetation per Attachment B of the Declaration. b. The City shall inspect and accept such landscaping and vegetation. c. The HOA is responsible for the long term maintenance of the landscaping, vegetation and wetland monument signs. 3. Outlot G shall be deeded to 801 Main Street and the two (2) parcels shall be combined. 4. Per the City’s Programmatic Stormwater Management Facility Maintenance Agreement with RCWD, the City will be responsible for maintenance of Pond 100, Pond 400, Infiltration Basin 10 and Infiltration Basin 20. ACD 10-22-32 ditch crossing/culvert will also be maintained by the City under a separate maintenance agreement. Lake 200 and Lake 300 are being excavated by the developer for material fill on site and shall be maintained by the HOA and covered by a declaration of stormwater maintenance. RCWD will continue to maintain ACD 10-22-32. 5. A Permanent Trail easement shall be recorded over the trail corridor. a. The developer is responsible for the installation of the trail. b. The City is responsible for long term maintenance of the trail. 6. The existing pole barn and garage near 635 Main Street shall be removed prior to issuance of a grading permit. i. A demolition permit is required. 7. The existing gravel driveway access onto CSAH 14 (Main Street) shall be removed with the issuance of a grading permit. 8. Resolution No. 18-70 approving the PUD Development Stage Plan/Preliminary Plat provided the following flexibilities: a. Reduced minor collector road right-of-way width from 80 feet to 60 feet on Glenwood Street and Haywood Drive. b. Reduced front setback from 40 feet to 30 feet on Glenwood Street and Haywood Drive. c. Reduced paved road surface width from 32 feet to 30 feet (back to back) on cul de sac Hazelwood Court and cul de sac Elwood Court. 9. The regulations and performance standards of the R-1, Single Family Residential zoning district will be in effect unless otherwise detailed in Council resolution or Development Agreement. 3 BE IT FURTHER RESOLVED by the City Council of the City of Lino Lakes hereby approves the Development subject to the following items being addressed prior to release of final plat mylars: 1. The Development Agreement shall be approved by the City Council, executed and recorded against the property. 2. Any staff comments requiring revisions to the final plat. 3. The final plat and title commitment shall be updated to address the following: a. The signatory on the plat does not match up with the title work. The plat is drafted to be signed by Preferred Builders, Inc. The title work shows title in preferred Properties and Management, LLC, a Wyoming LLC. b. There is a mortgage on the property reflected in paragraph 18 of Schedule B, Part II. As the mortgage company is not a signatory, consent is required. 4. The applicant shall prepare the deeds for Outlots A thru G for City review and approval. 5. Draft copies of the applicable Homeowner’s Association (HOA) documents shall be submitted to the City for review and approval prior to recording including but not limited to the following: a. Articles of Incorporation b. Bylaws c. Declaration of Covenants, Conditions and Restrictions 6. Draft copies of Easement and Declaration related to the wetlands and buffers shall be revised to include the City of Lino Lakes and shall be submitted to the City for review and approval. BE IT FURTHER RESOLVED by the City Council of the City of Lino Lakes hereby approves the Development subject to the following items being addressed prior to issuance of grading permit: 1. All comments from the City Engineer Memo dated July 22, 2020 shall be addressed. 2. All comments from Environmental Coordinator Memo dated July 29, 2020 shall be addressed. 3. A copy of the following recorded documents shall be submitted to the City: a. Homeowner’s Association (HOA) documents b. Deeds for Outlots A-G c. Permanent Trail Easement d. Easement and Declaration related to the wetlands and buffer e. Development Agreement 4. Proof that Outlot G and 801 Main Street have been combined shall be submitted to the City. 5. Sheet 2, Preliminary Plat: a. Net Density shall be revised to 1.68 lots per acre. b. Wetland Buffer shall be revised to14.73 acres. c. Street names shall be included. 4 Adopted by the Council of the City of Lino Lakes this 14th day of September, 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 OF LINO LAKES RESOLUTION NO. 20-82 RESOLUTION APPROVING DEVELOPMENT AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT FOR NATURES REFUGE WHEREAS, the City Council approved the Final Plat for Natures Refuge with Resolution No. 20-81 on September 14, 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 and Planned Unit Development Agreement between Preferred Builders, Inc. and the City of Lino Lakes for Natures Refuge 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 14th day of September, 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 and PLANNED UNIT DEVELOPMENT AGREEMENT Natures Refuge THIS AGREEMENT is made this _____ day of ____________, 2020, by and between the City of Lino Lakes, a Minnesota municipal corporation, and Preferred Builders, Inc. (“Developer”). 1. Subdivision. Developer received preliminary plat approval from the City by Resolution No. 18-70 for a plat known as Natures Refuge (“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 Natures Refuge, 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. 20-81. 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. Natures Refuge Grading, Development, & Erosion Control Plans plan set containing 6 sheets, prepared by Carlson McCain, revision date March 6, 2020 ii. Natures Refuge Sanitary Sewer, Watermain, Storm Sewer, Street Construction, and Turn Lane Plans containing 27 sheets prepared by Carlson McCain revision date August 14, 2020 Natures Refuge Development Agreement September 14, 2020 page 2 iii. Natures Refuge Tree Preservation Plan containing 7 sheets prepared by Carlson McCain dated June 15, 2018 iv. Natures Refuge Site Landscape Plan containing 3 sheets prepared by Carlson McCain revision dated June 27, 2019 5. Permits. The Developer shall be responsible for securing all site grading and development approvals and permits from all appropriate Federal, State, Regional and Local jurisdictions prior to the commencement of site grading or construction and prior to the City awarding construction contracts for public improvements. 6. Developer Improvements. The Developer shall secure a contractor to install these improvements, hereinafter referred to as the “Developer Improvements,” which contractor shall be approved by the City in its absolute discretion. The cost of Developer Improvements is as shown on Exhibit C attached hereto. All Developer Improvements shall require City inspection and approval and, where appropriate, the approval of any other governmental agency having jurisdiction. The Developer shall construct and install at the Developer's expense the following improvements according to the following terms and conditions: a. Site Grading i. No grading shall commence until all requirements of the Rice Creek Watershed District (RCWD) have been satisfied. ii. All site grading shall be conducted in accordance with the grading plan as approved by the City and in accordance with NPDES and RCWD requirements. The Developer shall perform the work in accordance with a Storm Water Pollution Prevention Plan (SWPPP) pursuant to Minnesota Pollution Control Agency (MPCA) requirements. b. Grading and Erosion Control i. The Developer shall grade the site to within 0.2 foot of the grades shown on the approved grading plan. No deviations will be allowed unless a revised plan is submitted and approved by the City and all other regulatory agencies. ii. The street right-of-way, storm water storage ponds, and surface water drainage ways shall be graded prior to commencement of utility construction. 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 Natures Refuge Development Agreement September 14, 2020 page 3 grading and site improvement as proposed. The developer shall provide testing from an approved testing company and include data on building 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 Natures Refuge Development Agreement September 14, 2020 page 4 approved grading plan. Guard stakes shall be appropriately installed to mark these irons. i. Landscaping shall be furnished and installed in accordance with the approved plans. 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, cable TV and electric utility services to the Subdivision in accordance with City Code and State law. The utilities are required to be located within a joint trench. Street light installations shall be initiated by the Developer with City Engineer approval. The Developer is solely responsible for the cost of utility installation. k. The Developer shall install mailboxes in accordance with Federal and Postal Service regulations. 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. Natures Refuge Development Agreement September 14, 2020 page 5 d. No securities will be fully released until all record drawings have been submitted and accepted by the City Engineer. 10. Faithful Performance of Construction Contracts and Security. a. The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Developer Improvements. Concurrent with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on one hundred fifty (150%) percent of the total estimated cost of Developer's Improvements. b. Irrevocable Letter of Credit. If an Irrevocable Letter of Credit is utilized, it shall be for the exclusive use and benefit of the City of Lino Lakes and shall state that it is 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. Natures Refuge Development Agreement September 14, 2020 page 6 12. Dedication. The Developer shall dedicate to the City, at no cost to the City, any permanent or temporary easements that may be necessary for the construction and installation of the Developer Improvements. All such easements required by the City shall be in writing, in recordable form, containing such terms and conditions as the City shall determine. 13. Ownership of Improvements. Upon completion and City acceptance of the work and construction required by this Agreement, the public improvements lying within public right-of-way and easements shall become City property without further notice or action unless the improvements are to be deemed private infrastructure. 14. Recording and Release. The Developer agrees that the terms of this Development Agreement shall be a covenant on any and all property included in the Subdivision. The Developer agrees that the City shall have the right to record a copy of this Development 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 Natures Refuge Development Agreement September 14, 2020 page 7 reimburse itself from the Escrow with suitable documentation supporting the charges. 16. Developer Fees. At the time of execution of this Agreement, the Developer shall pay the following fees related to the development of the Subdivision (See Exhibit C for breakdown of costs): a. Park Dedication The Park Dedication Fee for this site is calculated as follows: 61 units x $3,150 per unit = $192,150 Trail Construction Credit = ($55,000) TOTAL PARK DEDICATION FEE = $137,150 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. Not Applicable. 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. Natures Refuge Development Agreement September 14, 2020 page 8 Commercial/Industrial/Institutional availability charges shall be paid at the time of building permit. Fees are based on the number of sanitary access charge (SAC) units assigned by Metropolitan Council Environmental Services (MCES). Residential uses shall be assigned one unit per dwelling unit unless otherwise noted by MCES. City Sewer (CSAC) $1,502.00 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 Natures Refuge Development Agreement September 14, 2020 page 9 An estimate of the total charge and the trunk utility credit for developer installed trunk oversizing is specified in Exhibit C. g. Surface Water Management Area Charges The City established a trunk area charge to uniformly distribute the costs of public trunk surface water infrastructure and water quality improvements. The Surface Water Management Charge shall be based on developable acreage, in the amount specified in Exhibit C. The charge shall be paid at the time of subdivision approval. 17. Assessment of Charges and Waiver of Rights. a. In consideration of the construction of City Improvements listed in Paragraph 8 and /or provision of sewer, water and storm water services, the Developer agrees that the costs of City Improvements together with Trunk Sewer Unit Charge, Trunk Water Unit Charge and the Surface Water Management Area Charge (collectively, “the Charges”) may be assessed against the Subdivision 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. Natures Refuge Development Agreement September 14, 2020 page 10 Notwithstanding the issuance of said certificate, the Developer shall be liable to the City for any deficiency and the City shall pay the Developer any surplus arising from the payment based upon such estimate. e. Acceleration upon Default. In the event the Developer violates any of the covenants, conditions or agreements herein, violates any ordinance, rule or regulation of the City, County of Anoka, State of Minnesota or other governmental entity having jurisdiction over the plat or development, or fails to pay when due any installment of any special assessment levied pursuant to this agreement, or any interest thereon, the City at its option, in addition to its rights and remedies hereunder, after 10 days written notice to the Developer, may declare all of the unpaid special assessments which are then estimated or levied pursuant to this agreement due and payable in full, with interest. The City may seek recovery of such special assessments due and payable from the security provided herein. In the event that such security is insufficient to pay the outstanding amount of such special assessments plus accrued interest the City may certify such outstanding special assessments in full to the County Auditor pursuant to Minnesota Statutes section 429.061, subdivision 3, for 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. Natures Refuge Development Agreement September 14, 2020 page 11 ii. If any building permits for model homes are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, the Developer, its contractors, subcontractors, material men, employees, agents or third parties. Any such costs shall be reimbursed from Developer’s escrow. 19. Special Provisions. a. Homeowners’ Association Covenants and Restrictions i. The Developer shall establish a Homeowners’ Association (the “HOA”) for all phases of the Development and shall submit a Master Homeowners’ Association Covenants and Restrictions to the City Attorney for review. The Master Homeowners’ Association Covenants and Restrictions shall, among other matters, provide for the collection of annual dues for the HOA’s maintenance obligation for the Common Elements and Improvements as defined in the Covenants and Restrictions (e.g. fences, noise walls, and retaining walls) within each phase of the Development, together with reasonable reserves. The Covenants and Restrictions shall include a requirement that the HOA comply with the _____, 20__ Declaration in favor of the Rice Creek Watershed District and the City of Lino Lakes providing for wetland buffer and upland habitat vegetative maintenance. The Covenants and Restrictions shall provide that the City has the right to perform maintenance of the buffer and habitat areas as required by the Declaration if the HOA fails to do so in compliance with applicable rules and regulations, and allow for the City to assess a lien or a Minn. Stat. Ch. 429 special assessment against the homesites for work which was to be paid for by the HOA dues. Homeowners’ Association Covenants and Restrictions applicable to each phase will be submitted at the time of final plat approval of each phase, and the City shall have the right to review and to approve those portions of the Covenants and Restrictions for each Community within the Development that are required by the terms of this Agreement. Any amendments to the Homeowner’s Association Covenants impairing the rights of the City shall be approved by the City Attorney. The Developer and Owner hereby waive, on their own behalves and on behalf of future owners, any procedural or substantive challenge to assessments under this section. All Covenants for the Project shall include language consistent with this section. b. Restoration and Management Plan Requirements Natures Refuge Development Agreement September 14, 2020 page 12 i. The Developer shall establish the vegetative wetland buffer and upland habitat as required by the _______, 20__ Declaration in favor of the Rice Creek Watershed District and the City of Lino Lakes. The City shall have the right to inspect and approve the work at the time of completion ii. The Developer, upon final plat approval, shall convey Outlots A thru F to the HOA, reserving to itself the right to establish the vegetative wetland buffer and upland habitat as described above, and reserving to the City the right to inspect and approve the same. c. The City of Lino Lakes will maintain the storm sewer system draining the public roads, Pond 100, Pond 400, Basin 10, Basin20, and the culvert under Haywood Drive where ACD 10-22-32 crosses. Lake 200, Lake 300 and other site water features will be maintained by the HOA. 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 Natures Refuge Development Agreement September 14, 2020 page 13 hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, levy the cost in whole or in part as a special assessment against the Subject Property. Developer waives its rights to notice of hearing and hearing on such assessments and its right to appeal such assessments pursuant to Minnesota Statutes, chapter 429. 23. General. a. Binding Effect The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land, unless otherwise released pursuant to section 14 of this Agreement. b. Validity. If a portion, section, subsection, sentence, clause, paragraph or phrase in this agreement is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Development Agreement. c. Notices Whenever in this agreement it shall be required or permitted that notice or demand be given or served by either party to this agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses below 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. Preferred Builders, Inc. Attn: Andrew Peter Kociscak 6750 Stillwater Boulevard North #4 Stillwater, MN 55082 Community Development Director City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 Natures Refuge Development Agreement September 14, 2020 page 14 24. Land Use Controls - Planned Unit Development a. Natures Refuge is a Planned Unit Development (PUD) as approved by the City Council by Ordinance No. 05-18, Resolution No. 18-70 and Resolution No. 20-81. b. Per Resolution No. 20-81 approving the PUD Final Plan/Final Plat, the following conditions apply: i. Outlots A thru F shall be owned and maintained by a Homeowner’s Association (HOA). 1. The developer is responsible for the installation and establishment of landscaping and fences. 2. The HOA is responsible for the long term maintenance of landscaping and fences except for boulevard trees. The City shall install and maintain boulevard trees. ii. Outlots A, B and D are protected by a recorded Easement (Conservation) and Declaration (Wetland Buffer). 1. The developer is responsible for the installation and establishment of landscaping and vegetation per Attachment B of the Declaration. 2. The City shall inspect and accept such landscaping and vegetation. 3. The HOA is responsible for the long term maintenance of the landscaping, vegetation and wetland monument signs. iii. Outlot G shall be deeded to 801 Main Street and the two (2) parcels shall be combined. iv. Per the City’s Programmatic Stormwater Management Facility Maintenance Agreement with RCWD, the City will be responsible for maintenance of Pond 100, Pond 400, Infiltration Basin 10 and Infiltration Basin 20. ACD 10-22-32 ditch crossing/culvert will also be maintained by the City under a separate maintenance agreement. Lake 200 and Lake 300 are being excavated by the developer for material fill on site and shall be maintained by the HOA and covered by a declaration of stormwater maintenance. RCWD will continue to maintain ACD 10-22-32. v. A Permanent Trail easement shall be recorded over the trail corridor. 1. The developer is responsible for the installation of the trail. 2. The City is responsible for long term maintenance of the trail. vi. The existing pole barn and garage near 635 Main Street shall be removed prior to issuance of a grading permit. 1. A demolition permit is required. vii. The existing gravel driveway access onto CSAH 14 (Main Street) shall be removed with the issuance of a grading permit. viii. Resolution No. 18-70 approving the PUD Development Stage Plan/Preliminary Plat provided the following flexibilities: Natures Refuge Development Agreement September 14, 2020 page 15 1. Reduced minor collector road right-of-way width from 80 feet to 60 feet on Glenwood Street and Haywood Drive. 2. Reduced front setback from 40 feet to 30 feet on Glenwood Street and Haywood Drive. 3. Reduced paved road surface width from 32 feet to 30 feet (back to back) on cul de sac Hazelwood Court and cul de sac Elwood Court. ix. The regulations and performance standards of the R-1, Single Family Residential zoning district will be in effect unless otherwise detailed in Council resolution or Development Agreement. Natures Refuge Development Agreement September 14, 2020 page 16 DEVELOPER CITY OF LINO LAKES By ______________________ By _________________________ Mayor Its ______________________ ATTEST By _________________________ City Clerk STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) This instrument was acknowledged before me on ________ day of ____________, 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 COUNTY OF __________ ) Natures Refuge Development Agreement September 14, 2020 page 17 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 Natures Refuge Development Agreement September 14, 2020 page 18 EXHIBIT A Legal Description The Northeast Quarter of the Southeast Quarter (NE 1/4 of SE 1/4) of Section 5, Township 31, Range 22, except the South 208.74 feet of the East 208.74 feet thereof, Anoka County, Minnesota. And The Southwest Quarter of the Southeast Quarter of Section 5, Township 31, Range 22, Anoka County, Minnesota. Except the following described tracts: 1. Beginning at the Southeast corner of the said Section 5, thence North along East line thereof for 33 feet, thence on an assumed bearing of West, parallel with South line thereof for 2,219 feet to the actual point of beginning; thence continuing westerly on same course for 135 feet; thence North 3 degrees 26 minutes East for 242 feet; thence East parallel to described 1st course for 135 feet; thence South parallel to described 2nd course for 242 feet and to the actual point of beginning. 2. Beginning at the Southwest corner of said Southwest Quarter of Southeast Quarter; thence North along West line thereof a distance of 275 feet; thence East parallel with South line thereof a distance of 100 feet; thence South parallel with said West line a distance of 275 feet to said South line; thence West along said South line for a distance of 100 feet to the actual point of beginning. 3. Commencing at Southeast corner of said Southwest Quarter of Southeast Quarter; thence North along the East line thereof for a distance of 233 feet; thence West parallel to the South line thereof for a distance of 100 feet; thence South parallel to described 1st course 233 feet and to the South line of said Southwest Quarter of Southeast Quarter; thence East along said South line to the point of beginning. 4. That part of the Southeast Quarter of Section 5, Township 31, Range 22, Anoka County, Minnesota, described as commencing at the Southeast corner thereof; thence Northerly along the East line thereof for 33.00 feet; thence on an assumed bearing of North 89 degrees 19 minutes 35 seconds West and parallel with the South line of said Southeast Quarter for 2219.00 feet to the actual point of beginning; thence North 4 degrees 06 minutes 25 seconds East 242.00 feet; thence South 74 degrees 11 minutes 56 seconds East 204.14 feet; thence South 4 degrees 06 minutes 25 seconds West a distance of 221.68 feet to the South line of said Southeast Quarter; thence North 89 degrees 19 minutes 35 seconds West along said South line a distance of 200.27 feet to its intersection with a line that bears South 4 degrees 06 minutes 25 seconds West from the point of beginning; thence North 4 degrees 06 minutes 25 seconds East a distance of 33.05 feet to the point of beginning. Natures Refuge Development Agreement September 14, 2020 page 19 5. Parcel 13, Anoka County Highway Right of Way Plat No. 25 according to the map or plat thereof on file and of record in the office of the Anoka County Recorder. And The South half of the Northwest Quarter of the Southeast Quarter of Section 5, Township 31, Range 22, Anoka County, Minnesota. Natures Refuge Development Agreement September 14, 2020 page 20 EXHIBIT B Final Plat Natures Refuge Development Agreement September 14, 2020 page 21 EXHIBIT C Securities, Escrows & Fees 8/3/2020 EXHIBIT C Securities, Escrows & Fees PROJECT: NATURE'S REFUGE NUMBER OF REU's:61 APPLICANT: PREFERRED BUILDERS, INC.NO. OF LOT FRONTAGES 84 AREA IN ACRES:37 IMPROVEMENTS COST DEVELOPER IMPROVEMENT COSTS (Public) SITE GRADING $558,500 EROSION CONTROL $142,000 LANDSCAPING $177,010 TRAIL $55,000 STREETS $755,175 STORM SEWER CONST.$461,277 SANITARY SEWER CONST.$405,130 WATERMAIN CONST.$513,612 ENGINEERING & SURVEYING $61,354 Total $3,129,058 Letter of Credit Amount X 150%$4,693,587 ESCROW for CITY'S COSTS PLANNING/ REVIEW $1,500 ADMINISTRATION $93,880 ENGINEER PLAN REVIEW $2,200 ENGINEER CONSTRUCTION SERVICES $93,872 PROJECT FINAL DOCUMENTS & CITY ENGINEER $2,500 STREET LIGHT INSTALLATION $15,000 STREET & STORMWATER MAINTENANCE $2,500 PROPERTY TAXES $0 TRAFFIC AND SIGNING IMPROVEMENTS $5,400 BOULEVARD TREE PLANTING $40,740 Total $257,592 DEVELOPMENT FEES PARK DEDICATION $192,150 PARK DEDICATION CREDIT ($55,000) Subtotal Park Dedication Fee $137,150 AUAR $0 SEAL COATING FEE $0 GIS MAPPING FEE $7,560 STREET LIGHTING OPERATION $720 Total $145,430 TRUNK SANITARY SEWER TRUNK CHARGE PER UNIT $97,966 AVAILABILITY CHARGE PER SAC UNIT $91,622 TRUNK SANITARY SEWER CREDIT ($128,500) TRUNK WATERMAIN TRUNK CHARGE PER UNIT $140,666 AVAILABILITY CHARGE PER SAC UNIT $88,511 TRUNK WATERMAIN CREDIT ($147,000) TOTAL TRUNK SEWER & WATER FEES $143,265 SURFACE WATER MANAGEMENT $270,766 SURFACE WATER MANAGEMENT CREDIT $0 TOTAL SURFACE WATER MANAGEMENT FEES $270,766 Total $414,031 Letter of Credit Amount X 35% $144,911 SUMMARY OF SECURITIES, ESCROW & FEES SECURITY: DEVELOPER IMP'MENT COSTS $4,693,587 ESCROW FOR CITY COSTS $257,592 DEVELOPMENT FEES $145,430 SECURITY: TRUNK FEES $144,911 1 CITY COUNCIL AGENDA ITEM 6B STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: September 14, 2020 TOPIC: Consider Resolution No. 20-98 Approving Preliminary Plat for Otter Crossing VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council consideration of the preliminary plat for Otter Crossing. Complete Application Date: July 21, 2020 60-Day Review Deadline: September 19, 2020 120-Day Review Deadline: November 18, 2020 Environmental Board Meeting: July 29, 2020 Park Board Meeting: N/A Planning & Zoning Board Meeting: August 12, 2020 City Council Work Session: September 8, 2020 City Council Meeting: September 14, 2020 BACKGROUND The applicant, Tyme Properties, LLC, is creating a 1.43 acre parcel for the purpose of constructing a 7,800 sf commercial retail building. The name of the preliminary plat is Otter Crossing. The Land Use Application is for the following: • Preliminary Plat o Lot 1 and Outlots A-F, Otter Crossing • Site Plan Review o Commercial retail building This staff report is based on the following information: • Narrative prepared by applicant dated July 17, 2020 • Civil and Architectural Plan Set prepared by Edward Farr Architects and Pioneer Engineering dated July 13, 2020 2 • Preliminary Storm Water Management Plan prepared by Pioneer Engineering dated July 6, 2020 • Storm Water Pollution Prevention Plan prepared by Pioneer Engineering dated June 26, 2020 • Geotechnical Exploration Report prepared by Haugo GeoTechnical Services dated February 7, 2020 • Wetland Permit Application prepared by Midwest Natural Resources dated July 13, 2020 ANALYSIS Existing Site Conditions The 29 acre site is located in the northwest quadrant of Otter Lake Road and CSAH 14 (Main Street). The site is currently vacant commercial land that is being used for agricultural row crops. The soils range from lean clay to poorly graded sand clay. Hydrologic soil groups consist of a combination of B/D, B, C and B/D. Groundwater was encountered at 3 to 12.5 ft below ground surface. Topography is general flat. Wetlands exist on the site. Zoning and Land Use The parcel is zoned GB, General Business and allows for retail business as a permitted use. Current Zoning GB, General Business Current Land Use Vacant Commercial Future Land Use per CP Commercial Utility Staging Area 1A=2008-2015 Surrounding Zoning and Land Use Direction Zoning Existing Land Use Future Land Use North R-BR Rural Business Reserve Agricultural Commercial South GB General Business Vacant Commercial Commercial East GB General Business Commercial Commercial West GB General Business Vacant Commercial Commercial Subdivision Ordinance Conformity with the Comprehensive Plan and Zoning Code 3 The preliminary plat is consistent with the comprehensive plan for commercial development and zoning code requirements for GB, General Business as detailed below. Blocks and Lots The proposed preliminary plat contains Lot 1, Block 1 and Outlots A-F, Otter Crossing. The outlots are for future development and private road (Outlot D). Parcel Acres Purpose Lot 1, Block 1 1.4275 Retail building Outlot A 19.125 Future development & stormwater pond Outlot B 1.437 Future development Outlot C 2.2782 Future development Outlot D 0.6687 Private Road Outlot E 1.1566 Future development Outlot F 1.1946 Future development TOTAL 27.2876 Since there are no underlying preliminary plat and development plans for Outlots A, B, C, E and F, they shall be platted as one outlot until time of future development. The outlot will then be preliminary and final platted. This will be similar to the development of Main Street Shoppes to the east of Otter Lake Road. The preliminary plat shall show the delineated wetland and acreage. Streets and Alleys A private road from Otter Lake Road extends west across the north boundary of Lot 1, Block 1. The private road is proposed within Outlot D. Outlot D shall be incorporated into Outlot A and a private road easement agreement or Operating, Easements and Maintenance Agreement (OEM) recorded over it. This will avoid any issues with future ownership and maintenance responsibilities of the private road. The developer is proposing to record an OEM after ownership of the outlots is transferred; however, staff has concerns regarding future ownership of the outlot. No public street improvements are required except for a southbound right turn lane from Otter Lake Road onto CSAH 14 (Main Street). The private road is proposed at 28ft wide back to back. To be consistent with Main Street Shoppes, it shall be revised to 30ft. 4 An additional 60 ft of road right-of-way is being dedicated along Otter Lake Road except for a 35 ft wide strip that was acquired by the City in 2013 for the purpose of constructing Otter Lake Road. Similar to Main Street Shoppes, a Declaration of Access Control will be required. The Declaration shall state the private access road to the development will have full access to Otter Lake Road upon completion, but such full access must be reduced to right-in, right-out access upon further extension of the Otter Lake Road to the north. Staff notes the private road shall extend north to serve future development and eventually connect to the future full access at Otter Lake Road. The stormwater pond located at the west end of the private road would require the future road extension to impact a wider section of wetland. The developer may want to consider a redesign of the pond to allow for future private road extension with less wetland impacts. Easements Standard drainage and utility easements at least 10 feet wide have been provided on Lot 1, Block 1 except for the west lot line. An easement shall be provided there. A drainage and utility easement is required over the private road and the stormwater pond facilities. Previously recorded highway easements and utility easements along CSAH 14 (Main Street) exist on site. Public Land Dedication The City will collect a cash fee of $3,603 minus trail construction credits in lieu of land dedication for commercial development for Lot 1, Block 1, Otter Crossing. A trail shall be constructed along the west side of Otter Lake Drive and construction costs credited to the developer. Otter Crossing 1.43 acres x $2,520 per acre = $3,603 Trail Construction Costs = TBD TOTAL = TBD Site and Building Plan Review Site Plan The applicant is proposing to construct a 7,800 sf commercial retail building with 6 units on Lot 1, Block 1, Otter Crossing. The site plan indicates a drive-through service on the east side of the building which is allowed as an accessory use in the GB, General Business district. The site plan provides an area on the southwest and southeast corner of the building for accessory 5 outdoor dining or seating facility. This will require an Administrative Permit to be submitted by the future tenant. As discussed with the developer in previous meetings, staff is recommending the building be shifted towards CSAH 14 (Main Street) to mirror Main Street Shoppes. The intent is to create the private road as the “Main Street” to the development with commercial buildings and parking lots fronting the street. This will also be a similar to the commercial development on CSAH 14 (Main Street) as it extends into the City of Hugo. The developer’s reasons for locating the building on the north side are as follows: “The developer's reasoning for the building being located on the north side of the lot is multi- faceted. A building located on the south side of the lot as you are suggesting would mean the storefront entrances and the sidewalks would be on the north facing side of the building. The north facing side of the building does not receive direct sun. The lack of sun to help dry sidewalks after rains and aid in melting snow and ice buildup in the winter leads to increased maintenance costs, prolonged moisture resulting in building discoloration, and increased use of ice melt that deteriorates sidewalks and the building. There is also an increased risk of "slip and falls" for customers and businesses as a result of potential ice buildup. This increased risk leads to higher insurance costs and thus, higher operating costs for businesses and building owners. A north facing building does not benefit from increased natural solar gain through the storefront either. Again, that increases heating costs and operating costs in the winter months. Tyme Properties LLC manages other north facing buildings and has experienced these very issues and costs. One of the aforementioned buildings had to have the storefront and blockwork that supported it completely replaced far before its expected useful life due to salt and moisture deterioration that was mentioned earlier. Furthermore, a north facing building located on the southern portion of the lot would require tenant signage on the front and back of the building in order for customers to find our tenant's businesses. Visibility is a key component of a tenant's business being successful and plays a significant role in leasing space in a building. Tenants willing and able to pay new construction rents, (high rents), depend on visibility and need to face the busy roadways. Our submission promotes visibility, efficiency, and the optimal use of the site. We have already received feedback from one of our promising national anchor tenants that our site plan is "great" and they "love it." Our proposed site plan and building location is similar to the McDonald's site. It preserves intersection sight lines and visibility to the remaining outlots to the west. We have put a lot of thought and experience into our site plan and as far as we know, it fully complies with the city's requirements as submitted.” The Planning & Zoning Board discussed the idea of shifting the building south towards CSAH 14 (Main Street), but did not motion to revise the site plan. 6 A 5 ft wide concrete sidewalk is shown along the north lot line. A trail shall be constructed on the west side of Otter Lake Road with connection to the development and pedestrian crossing at the CSAH 14 intersection. Overall, the proposed commercial building meets ordinance and performance standard requirements unless otherwise noted. Lot Size and Setbacks The front lot line is along CSAH 14 (Main Street) because it is the public road right-of-way. The rear lot line is along the private road. GB Requirements Lot 1, Block 1 Otter Crossing Min. Lot Size 20,000 sf 62,181 sf Min Lot Width 100 ft 240 ft Setbacks-Street Required Proposed Principal Building-CSAH 14 (arterial) 40 ft 110 ft Principal Building-Otter Lake Road (collector) 40 ft 45 ft Parking Lot 15 ft 15 and 20 ft Setbacks-Side Yard (west) Required Proposed Principal Building 10 ft 50 ft Accessory Building 10 ft NA Parking Lot/Driveway 10 ft 5ft1 Setbacks-Rear Yard (Private Road) Required Proposed Principal Building 30 ft 50 ft Accessory Building (trash enclosure) 5 ft 18 ft Parking Lot/Driveway 10 ft 15 ft 1This shall be revised to 10 feet. 7 Architectural Plans and Exterior Building Materials The retail building is single story with exterior materials consisting of brick, glass and EIFS. The color palette consists of earth tone dark gray, brown, light tan brick and light gray, medium gray, dark bronze and teal EIFS. Metal canopy and fabric awnings also accent the building. The ordinance allows for stucco or EIFS on no more than 30% of the primary front building elevation and no more than 60% of any side or rear building elevation. The primary front elevation has 14% EIFS and rear elevation has 47% EIFS and the sides have 26% and 19%. The materials and percentages are compliant with performance standards. The building height is 23’ 8” which is less than that maximum 45 ft allowed. A trash enclosure is proposed on the north side of building. Construction details provided on Sheet A3 indicate light tan and brown utility brick over concrete block. The gate is painted metal deck swing gate that has 100% opacity. The enclosure is 7’ 6” in height. The trash enclosure meets performance standards. Per Sheet A3, the mechanical equipment is located on the rooftop and screened by parapets. The building will be sprinkled for fire suppression. Drive-through The east end cap suite is proposed to have a drive-through for a coffee shop or fast food restaurant. Drive-through service facilities are allowed accessory uses in the GB, General Business District. The drive-through meets the performance standards except for the following comments that shall be addressed: 1. Details of order board intercom shall be provided with the building permit. 2. Photometric plan shall include service lane lighting. 3. Additional 30 inch high coniferous landscape screening shall be provided along the Otter Lake Road right-of-way to screen the drive-through. Outdoor Lighting Per Section 1007.043(6)(d), no light source shall exceed 1.0 foot candle onto right of way or 0.4 foot candle onto adjacent property. Sheet Sl-1, Site Photometric Plan indicates light sources exceeding these limits and shall be revised. Light fixtures on the both the building and 28ft high poles are down lit and cutoff as required by city code. Architectural entry access lights are allowed on the front and side elevations. Off-Street Parking Requirements Sheet A1 indicates 6 potential tenant spaces (5 retail and 1 restaurant/drive-through). Per Section 1007.044(6), retail stores require 1 space per 200 sf of floor area and fast food requires 15 spaces per 1,000 sf gross floor area. 8 This would require 26 retail parking stalls and 27 restaurant parking stalls for a total of 53 stalls required. The site plan provides 71 parking stalls so this requirement is met. It should be noted that any retail space proposed for any use other than retail (i.e. restaurant) shall meet the parking requirement ordinance. Grading Plan and Stormwater Management Per the Preliminary Storm Water Management Plan prepared by Pioneer Engineering dated July 6, 2020, the existing topography can be divided into 3 portions. The northern section of the property is generally flat agricultural land used for row crops. This area drains to the northeast to an existing wetland area which then flows to the north. The southern portion of the property is made up of primarily flat agricultural land that is used for row crops. This area drains to a large wetland toward the center which outlets at the southwest corner through a culvert under CSAH 14. The last portion of the property is a small portion on the east side of the property that drains to the existing storm sewer on Otter Lake Road. The glacial till soils consisted of lean clay, sandy lean clay, clayey sand, silty sand, and poorly graded sand with silt. Groundwater was encountered in six of the soil borings ranging from 3 to 9 feet below the surface. The parking lot for this commercial development will be collected in a storm sewer system which will connect to the proposed private road to the north. This storm sewer will be routed to the west where a basin with connected filtration cell will be constructed to abut the existing wetland. This basin will outlet to the existing Wetland A. This wetland will outlet through the culvert located at the southwest, which drains under CSAH 14. The pond is sized for Lot 1 and the private road and may be expanded to accommodate future development. The proposed stormwater management facility shall be reviewed by the City Engineer and RCWD to determine compliance for rate control, water quality and volume control. Public Utilities The new retail building will be municipally served by an 8” PVC sanitary sewer and an 8” DIP watermain located along the private road that extend from Otter Lake Road. Tree Preservation and Mitigation Standards The Environmental Coordinator and Environment Board reviewed the tree preservation and landscaping requirements. The following comments are from the July 29, 2020 Environmental Board staff report. The purpose of these standards is to protect valuable trees and stands of vegetation while not interfering with landowners’ reasonable use and development of property. The goal is to minimize unnecessary loss of habitat, biodiversity, and forest resources and to replace removed trees in areas where tree cover is most critical. 9 A tree survey will not be required for this site, because there are no trees over 6 inch DBH to survey. Preservation and mitigation standards do not apply to this site. Open Areas Landscape Standards The purpose of these standards is to provide general site beautification and high aesthetic quality with a mix of plant materials in open areas. Open area landscape standards call for 1 large tree and 3 large shrubs per 2000 sq. ft. If the storm water pond area is going to be permanent, open space plantings will be required. Buffer and Screen Standards The purpose of this requirement is to separate and buffer different land use types, screen roads and parking, and screen utility and loading areas. Continuous, year-round planting screens require, at the minimum, a double row of plants with triangulated spacing. This project calls for a 30 inch high planting screen. Continuous screen is not present on the north perimeter. Planning staff also notes the 30 inch screen is required to provide year round screening and therefore, should be coniferous shrubs. Buffer and screen standards have not been met. Canopy Cover Canopy cover standards call for a minimum of 40% canopy coverage. Canopy coverage values are calculated per tree based on the anticipated size 15 years after planting, and the distance to hardscape edge from the planting location. Vehicular hardscape planned: 34,276 sq. ft Canopy cover requirement: 13,710 sq. ft Canopy cover provided: 8,675 sq. ft Canopy cover requirements have not been met. Foundation Landscaping The purpose of these standards is to soften and enhance building architecture, define access points, add color and seasonal interest, and to blend buildings in with the natural environment. These standards apply to building fronts and sides facing public or private streets. 2 large trees and 6 large shrubs are required per 100 linear feet of building. These plants should be within 30 feet of the building. The following substitutions are allowable: 1 large tree = 1.5 medium or 2 small trees 1 large shrub = 1.5 medium or 3 small shrubs 10 For 320 linear feet of applicable foundation, 7 large trees and 20 large shrubs (or acceptable substitutes) are required for the north, east, and south building faces. The plans indicate: 3 medium trees 14 medium shrubs 25 small shrubs These substitutions are equivalent to: 1 large tree 17 large shrubs The foundation landscape requirements have not been met in terms of numbers or with respect to placement. Sod and Ground Cover Standards All areas not otherwise improved in accordance with the approved site plans shall have a minimum depth of 4 inches of topsoil and be sodded including boulevard areas. Seed may be provided in lieu of sod in certain cases, including when the area is adjacent to natural areas or wetlands. Area around the storm water pond from normal water level to high water level will be seeded with MnDOT 33-261, Stormwater South and West, which is a native mix of grasses, forbs, sedges, and rushes for stormwater pond edges. Above high water level in the storm water pond area calls for 35-621 Dry Prairie Southeast. The area north of Lot 1 will also have MnDot 35-621 to create a buffer strip for Wetland A near the impacted portion of the wetland. The remainder of the site will be seeded with MnDot 25-141 Mesic Roadside General or sodded. The Seeding Plan indicates this mix covering areas of the site that call for sod on the Landscape Plan. These two plan sheets should match. Sheet L1, Landscape Plan notes irrigation designed by others. An irrigation plan shall be submitted. Boulevard Trees Boulevard trees are not required for commercial developments. Signage A comprehensive sign plan for the entire building is required for multi-occupancy business buildings. The comprehensive sign plan shall be submitted with the sign permit application for all wall and monument signs. Preliminary review of the ground monument signs indicates they meet size and height requirements. The northeast sign does not meet the 30ft clear vision triangle and shall be relocated. 11 Ground signs are only allowed along public road frontage i.e. CSAH 14 (Main Street) and Otter Lake Road. The ground sign in the northwest corner of the site shall be omitted. Impervious Surface Coverage The allowed impervious surface coverage in the GB, General Business District is 75%. The lot area of Lot 1 is 1.43 acres with 1.05 acres impervious which equals 75%. The proposed post- development impervious surface coverage is compliant. Traffic Study A formal traffic study is not required. The updated 2020 I-35E Corridor AUAR analyzed traffic impacts for commercial development along this entire corridor. The proposed retail building is consistent with AUAR Land Use Scenarios #1 and #2 for commercial development. Otter Lake Road and CSAH 14 (Main Street) are A Minor Reliever and A Minor Collector roads, respectively, and have structural capacity to handle the commercial traffic. Alternative Urban Areawide Review (AUAR) The site is within the 2005 I-35E Corridor AUAR environmental review boundary. The AUAR was updated in May 2020. The AUAR identifies this site as commercial in the land use scenarios. The Otter Crossing project is consistent with commercial development. No further environmental assessment is required. Wetlands A wetland delineation report was completed by Midwest Natural Resources on September 4, 2019. A WCA Notice of Decision was issued by RCWD on December 9, 2019. Two wetlands were delineated. Wetland A is 2.59 acres and Wetland B is 1.19 acres. This project as proposed will involve impacts to Wetland A, which include 3,600 sq. ft. (0.0826 acre) of fill to allow for grading and construction of Street A, and 1,670 sq. ft. (0.0383 acre) of excavation that will allow for construction of an outlet pipe to discharge water from the storm water pond to the southwestern portion of Wetland A. There are no proposed impacts to Wetland B. Wetland mitigation being proposed for permanently impacting Wetland A will involve the purchase of 7,200 sq. ft. of Type 2, CORP‐approved wetland banking credits from wetland bank #1522 which is located within the same Major Watershed (Mississippi Metro – 20) and Bank Service Area (7) as the subject property. The wetlands are not within the Wetland Management Corridor (WMC) so a WMC wetland buffer is not required. A drainage & utility easement is being dedicated over the stormwater pond and a portion of the wetland. Additional easements will be dedicated in conjunction with future development of the outlots. 12 Shoreland District The development is not located in the Shoreland District. Floodplain There is no FEMA floodplain on site. Stormwater Maintenance Agreement The stormwater maintenance for public facilities will be covered under the City’s Programmatic Stormwater Management Agreement. The applicant will be required to have their own declaration for stormwater maintenance for the private storm sewer. Final Plat and Development Agreement The applicant shall submit a Land Use Application for final plat after preliminary plat approval. A Development Agreement will then be prepared by the City as part of the final plat application. Comprehensive Plan Resource Management System The Resource Management System Plan goal of preserving surface water quality is supported by the construction of stormwater management BMP’s such as curb, gutter, and stormwater pond. Land Use Plan The Comprehensive Plan guides this property for commercial use. The proposed retail building is consistent with commercial land use. Housing Plan The goals and policies of Housing Plan are not negatively impacted by the commercial retail development. Transportation Plan Goals of the Transportation Plan are to ensure that street and roads are as safe as possible and to reduce unnecessary traffic. Otter Lake Road and CSAH 14 (Main Street) are A Minor Arterial Expander and A Minor Arterial Connector roads, respectively, and have structural capacity to handle the traffic volume of the commercial retail building. 13 Sanitary Sewer and Water Supply Plan The new retail building will be municipally served by an 8” PVC sanitary sewer and an 8” DIP watermain located along the private road that extends from Otter Lake Road. The existing sanitary sewer and water supply system have capacity for the new development. Anoka County Highway Department Anoka County Highway Department provided comments on August 7, 2020 and noted that no additional right-of-way is required and that plantings and signage shall be outside of the right- of-way. Public Safety Comments Deputy Director L’Allier notes a hydrant shall be located closer to the Fire Department Connector (FDC) on the north side of the building near the transformer. The Police Division reviewed the plans and had no issues that needed to be addressed. Environmental Board The Environmental Board reviewed the development proposal at their July 29, 2020 meeting. The Board recommended approval with minor revisions required. Planning and Zoning Board The Planning & Zoning Board held a public hearing on August 12, 2020. There were no public comments. The Board recommended approval of the preliminary plat with a 6-0 vote. Findings of Fact Council Resolution No. 20-98 details the preliminary plat findings of fact. RECOMMENDATION Staff and the Planning & Zoning Board recommend approval of the preliminary plat for Otter Crossing. ATTACHMENTS 1. Site Location and Aerial Map 2. Preliminary Plat, Site Plan and Color Rendering Exterior Elevations 3. Resolution No. 20-98 Otter Crossing July 22, 2020 Map P owered By DataLink 1 in = 400 ft ± DEVELOPER:TYME PROPERTIES LLC3435 LABORE ROAD SUITE 150VADNAIS HEIGHTS, MNARCHITECT:EDWARD FARR ARCHITECTS7710 GOLDEN TRIANGLE DRIVEEDEN PRAIRIE, MN 55344PHONE: 952-943-9660CONTACT: DON ANDERSENCIVIL ENGINEER:PIONEER ENGINEERING2422 ENTERPRISE DRIVEMENDOTA HEIGHTS, MN 55120PHONE: 651-681-1914CONTACT: PAUL J. CHERNELANDSCAPING:PIONEER ENGINEERING2422 ENTERPRISE DRIVEMENDOTA HEIGHTS, MN 55120PHONE: 651-681-1914CONTACT: JENNIFER THOMPSONSHEET INDEXA0TITLE SHEETCIVILLANDSCAPE0.1COVER SHEET0.2LEGEND1.1EXISTING CONDITIONS2.1RESOURCE INVENTORY3.1PRELIMINARY PLAT3.2PRELIMINARY SITE PLAN3.3PRELIMINARY PHASING PLAN4.1GRADING, DRAINAGE & EROSION CONTROL PLAN4.2SEEDING PLAN5.1GRADING DETAILS6.1SANITARY SEWER & WATERMAIN CONSTRUCTION7.1STORM SEWER CONSTRUCTION7.2STORM SEWER CONSTRUCTION8.1STREET CONSTRUCTION9.1WETLAND PLAN10.1CITY DETAILS10.2CITY DETAILS10.3CITY DETAILS10.4CITY DETAILSARCHITECTURALL1PRELIMINARY LANDSCAPE PLANA1ARCHITECTURAL SITE & SIGNAGE PLANA2FLOOR PLANA3ELEVATIONSSL-1SITE PHOTOMETRIC PLANSL-2SITE LIGHT FIXTURESSheet TitleProject NumberSheet NumberIssued ForDateProjectClientProject ManagerDateReg. No.I hereby certified that this plan,specification or report was prepared byme or under my direct supervision andthat I am a duly Licensed Architectunder the laws of the State ofMinnesotaEdward A. Farr©COPYRIGHT 2020Location7/20/2020 7:33:54 AMA020.001TITLE SHEETDate16362DLAOtter CrossingMain Street & Otter LakeRoadLino Lakes, MNMain Street & Otter Lake RoadLino Lakes, MN Otter CrossingSITE PLAN REVIEW 07/13/2020VICINITY MAPSOUTHWEST VIEWSOUTHEAST VIEWNORTHEAST VIEW LOCATION MAP 00-ENG-118283-SHEET-COVER 0.1 PRELIMINARY PLATRESOURCE INVENTORYEXISTING CONDITIONSLEGENDCOVER SHEETSHEET INDEX0.10.21.12.13.1 OTTER CROSSING PRELIMINARY PLAT & SITE PLANS LINO LAKES, MINNESOTA COVER SHEET R GRADING, DRAINAGE AND4.1 EROSION CONTROL PLAN SANITARY SEWER &6.1 WETLAND PLAN9.1 PRELIMINARY LANDSCAPE PLANL1. I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 19OFOTTER CROSSING LINO LAKES, MINNESOTA TYME PROPERTIES LLC 3435 LABORE ROAD SUITE 150 7-6-2020 PJC MSN Name Reg. No.Date Revisions 1. 4-15-2019 Benchmark Date Designed Drawn 2019 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 19860 7-6-2020 Paul J. Cherne VADNAIS HEIGHTS, MINNESOTA 55110 GRADING DETAILS5.1 CITY DETAILS10.1-10.4 WATERMAIN CONSTURCTIONSTORM SEWER CONSTRUCTION7.1-7.2 STREET CONSTRUCTION8.1 SEEDING PLAN4.2 PRELIMINARY SITE PLAN3.2 PRELIMINARY PHASING PLAN3.3 c19OFLINO BLINO LAKES, MINNESOTATYME PROPERTIES LLC3435 LABORE ROAD SUITE 1507-6-2020PJCMSNNameReg. No.DateRevisions1. 4-15-2019 BenchmarkDateDesignedDrawn2019 Pioneer Engineering, P.A.Mendota Heights, MN 551202422 Enterprise Drive(651) 681-1914Fax: 681-9488www.pioneereng.comLANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS7-6-2020VADNAIS HEIGHTS, MINNESOTA 55110I hereby certify that this plan was prepared byme or under my direct supervision and that Iam a duly Licensed Professional Surveyorunder the laws of the State of Minnesota42299Peter J. Hawkinson00-SURV- 118283 -BASE.DWGPRELIMINARY PLAT3.1 00-ENG-118283-SHEET-SITE 3.2PRELIMINARY SITE PLAN I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 19OFOTTER CROSSING LINO LAKES, MINNESOTA TYME PROPERTIES LLC 3435 LABORE ROAD SUITE 150 7-6-2020 PJC MSN Name Reg. No.Date Revisions 1. 4-15-2019 Benchmark Date Designed Drawn 2019 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 19860 7-6-2020 Paul J. Cherne VADNAIS HEIGHTS, MINNESOTA 55110 00-ENG-118283-SHEET-WETLAND 9.1WETLAND PLAN I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 19OFOTTER CROSSING LINO LAKES, MINNESOTA TYME PROPERTIES LLC 3435 LABORE ROAD SUITE 150 7-6-2020 PJC MSN Name Reg. No.Date Revisions 1. 4-15-2019 Benchmark Date Designed Drawn 2019 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 19860 7-6-2020 Paul J. Cherne VADNAIS HEIGHTS, MINNESOTA 55110 RETAIL CENTER7,800 sfOUTDOORSEATINGPARKING71 STALLSOTTER LAKE ROADMAIN STREET CR #14DRIVE-PASS LANETRASH40' BUILDING SETBACK15' PARKING SETBACK130'60'UTILITYROOMOUTDOORSEATINGPARKING CALCULATIONRETAIL 4,800 / 1 per 200 = 24FAST FOOD 1,000 (dining area - est.) / 15 per 1,000 = 151 per EMPLOYEE (est) = 6TOTAL PARKING STALLS REQUIRED = 45TOTAL PARKING STALLS PROVIDED = 71 DO NOT ENTER NO PARKINGTGAS METERSMENU BOARDGROUND SIGN S-1. 5' MIN. OFF P.L.DIRECTIONAL SIGNPREVIEW BOARDDIRECTIONAL SIGNAGEBY POSSIBLE DRIVE-THRUTENANTWAITSTALLWAITSTALLBIKE RACKVEHICLE STACKING120' - 0"1020LIGHT POLE2013GROUNDSIGN S-2.5' MIN. OFF P.L.GROUND SIGN S-35' MIN. OFF P.L.PROPERTY LINEPROPERTY LINEPROPERTY LINEPROPERTY LINE15' PARKING SETBACK40' BUILDING SETBACKTENANT NAMETENANT NAMETENANT NAMETENANT NAMETENANT NAMETENANT NAMETENANT NAMEOTTER CROSSING11' - 8"8' - 8"1010122' - 0"LIGHT TAN FACEBRICK.INTERNALLY ILLUMINATEDMETAL SIGN BOX. DOUBLESIDED.BUILDING ADDRESS (TBD)DEVELOPMENTNAME DARK GRAY FACE BRICKSIGNAGE AREA200 sf MAXIMUM9' - 4"9' - 0"OTTERCROSSINGTENANT10101TENANTTENANTDEVELOPMENT NAME ANCHOR TENANTSIGNAGE.BUILDING ADDRESS (TBD)GRAY FACE BRICKINTERNALLY ILLUMINATEDSIGN BOX. DOUBLE SIDED.SIGN AREA 200 sf MAXIMUMBRICK or EIFS. SEEBUILDING ELEVATIONSINTERNALLY ILLUMINATEDTENANT SIGNAGE. 100 sf MAXIMUMELECTRICAL RACEWAY TOMATCH BUILDING FINISHSheet TitleProject NumberSheet NumberIssued ForDateProjectClientProject ManagerDateReg. No.I hereby certified that this plan,specification or report was prepared byme or under my direct supervision andthat I am a duly Licensed Architectunder the laws of the State ofMinnesotaEdward A. Farr©COPYRIGHT 2020Location7/20/2020 7:35:51 AMA120.001ARCHITECTURAL SITEand SIGNAGE PLANDate16362DLAOtter CrossingMain Street & Otter LakeRoadLino Lakes, MNScale:1" = 20'-0"A11ARCHITECTURAL SITE and SIGNAGE PLANSITE PLAN REVIEW 07/13/20200'10'20' 40'NScale:1/4" = 1'-0"A12GROUND SIGN S-1 (S-2 SIM.)Scale:1/4" = 1'-0"A13GROUND SIGN S-3Scale:1/4" = 1'-0"A14BUILDING TENANT SIGNAGE T/WALL123' -8"FLOOR 1100' -0"123456710' - 4"4' - 4"9' - 0"ACBDCDBEFCT/WALL122' -4"T/WALL121' -0"8A3T/WALL123' -8"FLOOR 1100' -0"1234567T/WALL121' -0"IJGMKLHJABCPIJIDDRIVE-UPWINDOWABC21' - 0"22' - 4"23' - 8"CBDFPAINTED 8" TUBEPOST. GATE HINGEPAINTED METAL DECKSWING GATE.100% OPACITYBRICK OVERCONCRETE BLOCK7' - 6"P2' - 6"MATERIALS LEGENDDARK GRAY UTILITY BRICKBROWN UTILITY BRICK LIGHT TAN UTILITY BRICK LIGHT GRAY EIFS MEDIUM GRAY EIFSDARK BRONZE EIFSTEAL EIFSWALL AREATOTAL AREABRICKGLASSEIFS HM DOORSSOUTHNORTHEASTWEST55%53%60%66%31%-14%15%14%47%26%19%-.05%--2,889 sf2,730 sf1,318 sf1,342 sf23' - 8"21' - 0"5' - 0"6' - 5"BAR JOISTDECK/INSULROOFTOPMECHANICALSheet TitleProject NumberSheet NumberIssued ForDateProjectClientProject ManagerDateReg. No.I hereby certified that this plan,specification or report was prepared byme or under my direct supervision andthat I am a duly Licensed Architectunder the laws of the State ofMinnesotaEdward A. Farr©COPYRIGHT 2020Location7/20/2020 7:37:18 AMA320.001ELEVATIONSDate16362DLAOtter CrossingMain Street & Otter LakeRoadLino Lakes, MNScale:1/8" = 1'-0"A31ELEVATION SOUTHScale:1/8" = 1'-0"A33ELEVATION NORTHScale:1/8" = 1'-0"A34ELEVATION EASTScale:1/8" = 1'-0"A32ELEVATION WESTSITE PLAN REVIEW 07/13/2020Scale:1/4" = 1'-0"A35TRASH ENCLOSURE FRONTScale:1/4" = 1'-0"A36TRASH ENCLOSURE BACKScale:1/4" = 1'-0"A37TRASH ENCLOSURE SIDEELEVATION NOTESA TENANT SIGNB ENTRY ACCESS LIGHTINGC DARK BRONZE METAL CANOPYD FABRIC AWNINGE ANODIZED ALUMINUM STOREFRONT ENTRYDOORF 1" LOW E CLEAR GLASS IN ANODIZEDALUMINUM THERMAL BREAK FRAMEG INSULATED HOLLOW METAL DOCK DOORS,PAINTEDH PRE-FINISHED METAL THRU-WALL SCUPPERAND DOWNSPOUTI 6" PROTECTIVE PIPE BOLLARD, PAINTJ WALL PACK LIGHT FIXTUREK FIRE DEPARTMENT CONNECTIONL FIRE DEPARTMENT ALARM / STROBEM GAS METER/SERVICE, PAINT TO MATCHADJACENT SPACEN NOTUSEDP PRE-FINISHED METAL COPINGScale:3/16" = 1'-0"A38ROOFTOP SCREENING 1 CITY OF LINO LAKES RESOLUTION NO. 20-98 APPROVING PRELIMINARY PLAT FOR OTTER CROSSING WHEREAS, the City received a land use application for preliminary plat for Otter Crossing hereafter referred to as “Development”; and WHEREAS, City staff completed a review of the Development based on the following: • Narrative prepared by applicant dated July 17, 2020 • Civil and Architectural Plan Set prepared by Edward Farr Architects and Pioneer Engineering dated July 13, 2020 • Preliminary Storm Water Management Plan prepared by Pioneer Engineering dated July 6, 2020 • Storm Water Pollution Prevention Plan prepared by Pioneer Engineering dated June 26, 2020 • Geotechnical Exploration Report prepared by Haugo GeoTechnical Services dated February 7, 2020 • Wetland Permit Application prepared by Midwest Natural Resources dated July 13, 2020; and WHEREAS, a public hearing was held before the Planning & Zoning Board on August 12, 2020 and the Board recommended approval of the Development with a 6-0 vote. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby makes the following: FINDINGS OF FACT Per Subdivision Ordinance Section 1001.013, Premature Subdivision: (1) General. Any concept plan, preliminary plat or final plat deemed premature pursuant to the following criteria shall be denied by the City Council. (2) Conditions for establishing a premature subdivision. A subdivision may be deemed premature should any of the following conditions not be met. (a) Consistency with the Comprehensive Plan. Including any of the following: 1. Land use plan; 2. Transportation plan; 3. Utility (sewer and water) plans; 4. Local water management plan; 5. Capital improvement plan; and 6. Growth management policies, including MUSA allocation criteria. 2 Otter Crossing is consistent with the goals and policies of the comprehensive plan in regards to resource management, land use, housing, transportation and utilities. The development is also consistent with the local water management plan, capital improvement plans and growth management policies. (b) Consistency with infill policies. A proposed urban subdivision shall meet the city's infill policies: 1. The urban subdivision must be located within the Metropolitan Urban Service Area (MUSA) or the staged growth area as established by the city's Comprehensive Plan; 2. The cost of utilities and street extensions must be covered by one or more of the following: a. An immediate assessment to the proposed subdivision; b. One hundred percent of the street and utility costs are privately financed by the developer; c. The cost of regional and/or oversized trunk utility lines can be financed with available city trunk funds; and d. The cost and timing of the expenditure of city funds are consistent with the city's capital improvement plan. 3. The cost, operation and maintenance of the utility system are consistent with the normal costs as projected by the water and sewer rate study; and 4. The developer payments will offset additional costs of utility installation or future operation and maintenance. Otter Crossing is consistent with infill policies. The development is within the current Utility Staging Area 1A=2008-2015. The cost of utility and private road extensions is being privately financed by the developer. The cost, operation and maintenance of the utility system are consistent with the normal costs projected by the water and sanitary system plans. No future utility costs are proposed. (c) Roads or highways to serve the subdivision. A proposed subdivision shall meet the following requirements for level of service (LOS), as defined by the Highway Capacity Manual: 1. If the existing level of service (LOS) outside of the proposed subdivision is A or B, traffic generated by a proposed subdivision will not degrade the level of service more than one grade; 2. If the existing LOS outside of the proposed subdivision is C, traffic generated by a proposed subdivision will not degrade the level of service below C; 3. If the existing LOS outside of the proposed subdivision is D, traffic generated by a proposed subdivision will not degrade the level of service below D; 4. The existing LOS must be D or better for all streets and intersections providing access to the subdivision. If the existing level of service is E or F, the subdivision developer must provide, as part of the proposed project, improvements needed to ensure a level of service D or better; 5. Existing roads and intersections providing access to the subdivision must have the structural capacity to accommodate projected traffic from the proposed subdivision or the developer will pay to correct any structural deficiencies; 6. The traffic generated from a proposed subdivision shall not require city street improvements that are inconsistent with the Lino Lakes capital improvement plan. 3 However, the city may, at its discretion, consider developer-financed improvements to correct any street deficiencies; 7. The LOS requirements in divisions (2)(c)1. to 4. above do not apply to the I-35W/Lake Drive or I-35E/Main St. interchanges. At city discretion, interchange impacts must be evaluated in conjunction with Anoka County and the Minnesota Department of Transportation, and a plan must be prepared to determine improvements needed to resolve deficiencies. This plan must determine traffic generated by the subdivision project, how this traffic contributes to the total traffic, and the time frame of the improvements. The plan also must examine financing options, including project contribution and cost sharing among other jurisdictions and other properties that contribute to traffic at the interchange; and 8. The city does not relinquish any rights of local determination. Otter Crossing meets the requirements for level of service (LOS). The I-35E Corridor AUAR analyzed traffic impacts for commercial development of this entire corridor. The proposed retail building is consistent with the AUAR Land Use Scenarios for commercial development. Otter Lake Road and CSAH 14 (Main Street) are A Minor Arterial Expander and A Minor Arterial Connector roads, respectively and have structural capacity to handle the traffic volume of the commercial retail building. No street improvements are proposed that are inconsistent with the City’s capital improvement plan. The city does not relinquish any rights of local determination. (d) Water supply. A proposed subdivision shall be deemed to have an adequate water supply when: 1. The city water system has adequate wells, storage or pipe capacity to serve the subdivision; 2. The water utility extension is consistent with the Lino Lakes water plan and offers the opportunity for water main looping to serve the urban subdivision; 3. The extension of water mains will provide adequate water pressure for personal use and fire protection; and 4. The rural subdivision can demonstrate that each of the proposed lots can be provided with a potable water supply. Otter Crossing will have an adequate water supply. An 8” DIP watermain along the private road extending from Otter Lake Road will serve the development. The City’s water system has capacity to accommodate the commercial development. (e) Waste disposal systems. A proposed subdivision shall be served with adequate waste disposal systems when: 1. The urban sewered subdivision is located inside the city's MUSA or is consistent with the MUSA allocation criteria; 2. The city has sufficient MUSA and pipe capacity to serve the subdivision if developed to its maximum density; 3. The subdivision will result in a sewer extension consistent with Lino Lakes sewer plan and capital improvement plan; 4. A rural subdivision can demonstrate that each lot can be served by an adequate sanitary sewer disposal system; and 5. A rural subdivision with a proposed communal sanitary sewer or water system has an effective long range management and maintenance program with proper financing. 4 Otter Crossing will be served with an adequate waste disposal system. The development is within the current Utility Staging Area 1A=2008-2015 and will be served by an 8” PVC sewer main along the private road extending from Otter Lake Road. The sanitary sewer system has capacity to accommodate the commercial development. BE IT FURTHER RESOLVED by the City Council of The City of Lino Lakes hereby establishes that Otter Crossing is not a premature subdivision; and BE IT FURTHER RESOLVED by The City Council of The City of Lino Lakes hereby approves the preliminary plat for Otter Crossing subject to the following conditions: 1. A private road easement and maintenance agreement or Operating, Easements, and Maintenance Agreement (OEM) shall be recorded for the private road. 2. A Declaration of Access Control for the intersection of the Otter Lake Road and the private road shall be recorded. 3. A comprehensive sign plan for the entire building shall be provided at the time of building permit. 4. Details of the drive-through order board intercom shall be provided with the building permit for that unit. 5. An Administrative Permit is required for any outdoor dining. 6. The applicant shall submit a Land Use Application for final plat after preliminary plat approval. BE IT FURTHER RESOLVED by The City Council of The City of Lino Lakes hereby approves that the following comments shall be addressed at the time of final plat submittal: 1. All comments from the City Engineer letter dated August 6, 2020 shall be addressed. 2. All comments from the Environmental Coordinator letter dated August 4, 2020 shall be addressed. 3. All comments from the Anoka County Highway Department letter dated August 7, 2020 shall be addressed. 4. A hydrant shall be located closer to the Fire Department Connector (FDC) on the north side of the building near the transformer. 5. A draft private road easement and maintenance agreement or Operating, Easements, and Maintenance Agreement (OEM) shall be provided for City review and approval. 6. A draft Declaration of Access Control shall be provided for City review and approval. 7. All applicable plan sheets: a. A trail on the west side of Otter Lake Road and a pedestrian cross walk with signal improvements at the CSAH 14 and Otter Lake Road intersection shall be provided. Construction costs shall also be provided. 8. Sheet 1.1, Exiting Conditions: a. The acreage of the each wetland shall be included. 9. Sheet 3.1, Preliminary Plat: a. Outlots A thru D shall be one (1) outlot. b. Outlot D shall be incorporated into the outlot and a private road easement and maintenance agreement recorded over it. c. A drainage and utility easement shall be platted over the private road. d. The delineated wetland boundary and acreages shall be included. 5 e. The chart shall reflect data for the entire 29 acre parcel and include the wetland acreage. f. A standard drainage and utility easement is required along the west lot line of Lot 1. 10. Sheet 3.2 Preliminary Site Plan: a. This plan sheet shall be consistent with Sheet A1, Site Plan. Staff suggests creating only one (1) Site Plan Sheet with all pertinent information to avoid conflicting information and confusion. b. The parking lot setback along the west lot line shall be 10 feet. c. The drive-through lane at the south entrance shall be a minimum 12 feet wide. d. Actual building setback dimensions shall be shown on all four (4) sides. e. Locations of the two (2) ground signs shall be shown outside of the 30 ft vision triangle. f. The developer may want to consider a redesign of the stormwater pond to allow for future private road extension with less wetland impacts. 11. Sheet L.1, Landscape Plan: a. All comments from the Environmental Coordinator letter dated August 4, 2020 shall be addressed. b. Planning staff also notes the 30 inch screen around the parking lot and drive- through lane is required to provide year round screening and therefore, should be coniferous shrubs. c. The ground sign in the northwest corner of the site shall be removed. 12. Sheet A1, Architectural Site and Signage Plan: a. This plan sheet shall be consistent with 3.2 Preliminary Site Plan. Staff suggests creating only one (1) Site Plan Sheet with all pertinent information to avoid conflicting information and confusion. b. The northwest monument shall be omitted. c. The northeast monument shall be located outside the 30ft vision triangle. d. The parking calculation chart is incorrect and shall be revised. 13. Sheet SL-1,Site Photometric Plan: a. Light sources exceed 1.0 fc onto right-of-way and 0.4 fc onto adjacent property limits and shall be revised Adopted by the Council of the City of Lino Lakes this 14th day of September, 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 6C STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: September 14, 2020 TOPIC: Consider Resolution No. 20-99 Approving a Variance for Roofing Materials for 7831 Lake Drive VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council consideration of Resolution No. 20-99 approving a variance for roofing materials for 7831 Lake Drive. Complete Application Date: August 10, 2020 60-Day Review Deadline: October 9, 2020 Environmental Board Meeting: NA Park Board Meeting: NA Planning & Zoning Board Meeting: September 9, 2020 Tentative City Council Work Session: September 8, 2020 Tentative City Council Meeting: September 14, 2020 BACKGROUND The property owner of 7831 Lake Drive, Kathy Thayer, submitted a Land Use Application for a variance for roofing materials. She is requesting a metal roof with exposed fasteners be allowed. City ordinance allows for metal roofs with standing seam (i.e. hidden fasteners). ANALYSIS In the summer of 2020, the property owner prepared to submit a building permit application to replace the roof on the house. The application included a Menards specification sheet detailing the roofing materials as Emerald Green Premium Pro-Rib Steel Panel with an exposed fastener panel system. City ordinance does allow for metal roofs; however, they must be standing seam (i.e. hidden fasteners). Per Section 1007.043(2)(a): 3. Single family dwellings shall have at least a four/twelve (4/12) roof pitch and shall be covered with shingles or tiles or a standing seam metal roof. 2 Per Section 1007.043(4)(i)4.g., this criteria applies to both single family dwellings and accessory buildings. g. Roof and exterior color and material compatible with home (except manufactured tool shed). The property owner ordered the materials before applying for the building permit. These are custom cut metal sheets and per the property owner, cannot be returned to the store or manufacturer. The total cost is approximately $2,000. The issue is the aesthetic value of the exposed fasteners. The intent of requiring standing seam metal roofs is so the fasteners (i.e. screws) are not visible. The property owner is also requesting the same roofing materials be allowed on the two (2) detached accessory structures (garages). Staff is asking for Planning & Zoning Board input on this request. Findings of Fact Resolution No. 20-99 details the findings of fact. RECOMMENDATION Staff recommended denial of the variance. The Planning & Zoning Board reviewed the variance application on September 9, 2020 and recommended approval with a 4-3 vote. The Board also requested staff to present an ordinance amendment to allow for metal roofs with either standing seam (hidden fasteners) or exposed fasteners provided the exposed fasteners are the same color as the roofing material. Resolution No. 20-99 approves of a variance to allow for a metal roof with exposed fasteners on the single family dwelling and two (2) detached garages at 7831 Lake Drive. ATTACHMENTS 1. Site Location and Aerial Map 2. Property Owner Letter, Photos & Roofing Material Specifications 3. Metal Roof with Exposed Fasteners vs Metal Roof with Standing Seam (Hidden Fastener) 4. Resolution No. 20-99 0 100 20050 Feet 78117811 78317831 78307830 78557855 78077807 78507850OAK LNOAK LN OAK CTOAK CTSite Location & Aerial Map7831 Lake Drive µ House Garage Garage CSAH 23 (Lake Drive) 1 CITY OF LINO LAKES RESOLUTION NO. 20-99 RESOLUTION APPROVING A VARIANCE FOR ROOFING MATERIALS FOR 7831 LAKE DRIVE WHEREAS, the City received a land use application for a variance for roofing materials for 7831 Lake Drive; and WHEREAS, the legal description of the property is as follows: AUDITORS SUB NO 100 THAT PT OF LOT 15 AUD SUB 100 DES AS FOL, COMAT A PT ON THE W LINE OF SD LOT 15 SD PT BEING 531 1/2 FT N OF THE SW COR OF SD LOT 15 SD SW COR ALSO BEING THE SW COR OF SE 1/4 OF NE 1/4 OF SEC 8-31-22, TH N ON SD W LINE A DIST OF 100 FTTH E 585 1/2 FT MORE OR LESS TO A PT ON THE WLY LINE OF TR HY 8SD PT BEING LOCATED A DIST OF 714.2 FT ALONG SD WLY LINE OF SD HY FROM THE S LINE OF SD LOT 15, TH SWLY ALONG SD WLY LINE OF TRHY A DIST OF 250 FT, TH NWLY AT RT ANGLES TO SD WLY LINE OF TR HWY A DIST OF 262 FT-TH W 235 FT TO PL OF COM-SUBJ TO EASE TO RCPA 12/12/68. EX RD S UBJ TO EASE OF REC; and WHEREAS, the property is zoned R-1, Single Family Residential and allows for single family dwellings and accessory structures; and WHEREAS, Section 1007.043(2)(a)3 states that single family dwellings shall have at least a four/twelve (4/12) roof pitch and shall be covered with shingles or tiles or a standing seam metal roof; and WHEREAS, the property owner purchased the metal roof with exposed fasteners prior to submitting a building permit application; and WHEREAS, the Planning & Zoning Board reviewed the variance application on September 9, 2020 and recommended approval with a 4-3 vote. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby makes the following: FINDINGS OF FACT No variance shall be granted unless it meets all the criteria in paragraphs 1. through 7. below. The City shall make findings regarding compliance with these criteria. 1. The variance shall be in harmony with the general purposes and intent of the ordinance. 2 The general purpose and intent of the General Provisions section of the Zoning Ordinance is to establish general development performance standards. These standards are intended and designed to assure compatibility of uses; to prevent urban blight, deterioration and decay; and to enhance the health, safety and general welfare of the residents of the community. The variance to allow a metal roof with exposed fasteners is harmonious with the general purposes and intent of the ordinance. The metal roof with exposed fasteners is a compatible use, will not promote urban blight or decay and is not detrimental to the health, safety or general welfare of the residents of the community. 2. The variance shall be consistent with the comprehensive plan. The variance request is consistent with the comprehensive plan. Per the Comprehensive Plan, the property is guided for Low Density Residential land use. A single family dwelling and detached garages exist on the parcel which is consistent with the land use guidance. 3. There shall be practical difficulties in complying with the ordinance. “Practical difficulties,” as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by the ordinance. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. The property owner proposes to use the property in a reasonable manner. The construction of a metal roof with exposed fasteners on a single family dwelling and detached garage are reasonable uses. A practical difficulty and economic burden would exist if the property owner were required to purchase new roofing materials. 4. The plight of the landowner shall be due to circumstances unique to the property not created by the landowner. The plight of the landowner was created by the owner purchasing a metal roof with exposed fasteners prior to applying for a building permit. The property owner was not aware the metal roof with exposed fasteners was not permitted. 5. The variance shall not alter the essential character of the locality. The variance will not alter the essential character of the locality which is a single family residential neighborhood with houses and garages. 6. A variance shall not be granted for any use that is not allowed under the ordinance for property in the zoning district where the subject site is located. 3 The variance will not be granted for any use that is not allowed under the ordinance for property in the zoning district. The property is zoned R-1, Single Family Residential and single family detached homes and garages with metal roofs are permitted and accessory uses. 7. In accordance with MN Stat. 462.357, Subp. 6, variances shall be granted for earth sheltered construction as defined in MN Stat. 216C.06, Subd. 14, when in harmony with the zoning ordinance. Not applicable BE IT FURTHER RESOLVED by The City Council of the City of Lino Lakes hereby approves a variance to allow for a metal roof with exposed fasteners on the single family dwelling and two (2) detached garages at 7831 Lake Drive. Adopted by the Council of the City of Lino Lakes this 14th day of September, 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 6D STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: September 14, 2020 TOPIC: Stern Addition i. Consider Resolution No. 20-96 Approving Final Plat ii. Consider Resolution No. 20-97 Approving Development Agreement VOTE REQUIRED: 3/5 INTRODUCTION The applicants, James and Sheryl Stern, have submitted a land use application for the Stern Addition final plat. The applicants propose to subdivide their existing parcel into 2 single family lots for the purpose of constructing one (1) new single family home. The lot is located at 6820 West Shadow Lake Drive and is 0.96 gross acres (41,741 sf) as measured above the OHWL. The Land Use Applications are: • Final Plat o 2 lots This staff report is based on the following information: • Certificate of Survey and Resource Inventory Map prepared by EG Rud & Sons, Inc. revision date September 1, 2020 • Preliminary Plat prepared by EG Rud & Sons, Inc. revision date September 1, 2020 • Preliminary Grading, Drainage & Erosion Control Plan prepared by EG Rud & Sons, Inc. revision date September 1, 2020 • Tree Inventory/Removals prepared by EG Rud & Sons, Inc. revision date September 1, 2020 • Utility As-Built Plan prepared by EG Rud & Sons, Inc. revision date September 1, 2020 • Landscape Plan prepared by EG Rud & Sons, Inc. revision date September 1, 2020 • CLOMR-F Exhibit prepared by EG Rud & Sons, Inc. revision date September 1, 2020 • Final Plat prepared by EG Rud & Sons, Inc. dated March 9, 2020 Previous Council Actions: • November 12, 2019: Resolution No. 19-147 approving Preliminary Plat 2 ANALYSIS History The subject site was originally platted in 1978 as Lot, Block 1, Lakes Addition No. 5. The residential subdivision was not served by municipal water or sanitary sewer. In 2018, the City commenced the West Shadow Lake Drive Street and Utility Improvement Project to reconstruct the street and install municipal water main and sanitary sewer. With the extension of public utilities, larger lots may be able to subdivide. In anticipation of such subdivision requests, in 2018, the City also rezoned several parcels, including the subject site, from R, Rural to R-1X, Single Family Executive Residential. Subdivision Ordinance The legal description of the subject site is Lot 1, Block 1, Lakes Addition No.5. It was platted in 1978. Per Section 1001.076(2) of the Subdivision Regulations, any subdivision that results in the creation of one or more sewered residential lots shall be platted in full compliance with preliminary plat and final plat requirements and therefore, it is not a minor subdivision. Conformity with the Comprehensive Plan and Zoning Code The parcel is guided low density residential and zoned R-1X, Single Family Executive. The final plat is compliant with the comprehensive plan, zoning and subdivision ordinance. The preliminary plat was approved by the City Council on November 12, 2019 by Resolution No. 19-147. The final plat substantially conforms to the approved preliminary plat. Blocks and Lots The final plat contains Lot 1 and Lot 2, Block 1, Stern Addition. Lot 1 proposes a new single family home and Lot 2 contains the existing house. Shoreland or R-1X Requirements Lot 1 (Proposed House) Lot 2 (Existing House) Min. Lot Size1 20,000 sf 20,018 sf 21,723 sf Min. Lot Width2 90 ft 110 ft (front) 107 ft (OHWL) 150 ft (front) 115 ft (OHWL) Min. Lot Depth 135 ft 150 ft 185 ft Building Setback (feet) -From Local Streets 30 ft 49.1 ft 48.1 ft -From OHWL 3 --Principal 75 ft 87.6 ft 73.53 ft -Accessory4 75 ft Future Relocate Existing -Side Yard --Principal 10 ft 21.6 & 21.1 ft 44.2 & 10 ft --Accessory 5 ft Future Relocate Existing Impervious Surface5 30% 18.0% 19.8% 1Only land above the OHWL can be used to meet the lot size standards 2Lot width standards must be met at both the OHWL setback line and the front building setback line 3Legal non-conforming structure. House was built prior to 1995 adoption of Shoreland Management Ordinance 4One water-oriented accessory structure may be setback 10 feet from the OHWL 5Per Shoreland Management Overlay District The lots will have limited ability to construct accessory structures, decks or additions due to the required OHWL setback and floodplain requirements. This has been noted on the preliminary plat as required and shall be noted on the certificate of survey submitted with the building permit. Streets and Alleys Both lots are served by West Shadow Lake Road which has been reconstructed and municipal water and sanitary sewer has been installed. The existing road has 60 feet of right-of-way and the paved road surface is 26 feet wide with ribbon curb. Easements Standard drainage and utility easements at least 5 and 10 feet wide are provided along all lot lines. The wetland and stormwater basin has been covered by an easement that includes a 10 foot buffer. A drainage and utility easement varying in width also cover the shoreline buffer. Storm Water Management and Erosion and Sediment Control Per Section 1011.011, stormwater management is required for all proposed land development activity if the site is within the 100-year floodplain or within 1,000 feet of a public water. Stern Addition is within the floodplain and shoreland district. Per the Site Drainage Narrative prepared by Plow Engineering, Inc. dated September 13, 2019, there are 3 existing areas of discharge from the site (one to the West to W. Shadow Drive, one to the inland wetland area, and one to the East to Reshanau Lake). Per WSB Engineering letter dated September 24, 2019, new impervious area from the site is routed to the west towards West Shadow Lake Drive, the north into an existing wetland area, and the east to Reshanau Lake. The new impervious surface is less than 10,000 square feet, and all runoff from new impervious will run over a pervious surface prior to leaving the site, therefore no water quality treatment will be required as a result of the additional impervious surface from the single- 4 family residential development. A side yard drainage way has been between the existing and proposed home. A minimum 20 foot wide vegetated shoreline buffer has been provided as a stormwater management best management practice (BMP) to minimize runoff pollutants from entering the lake. Utilities Sanitary Sewer A 3” sanitary sewer force main is being installed along West Shadow Lake Drive. The existing house shall hook up upon availability. The new house shall hook-up upon construction. The existing septic drain field shall be removed. Watermain An 8” DIP watermain is being installed along West Shadow Lake Drive. The existing house shall hook up upon availability. The new house shall hook-up upon construction. The existing well may be used for irrigation only or shall be properly capped and abandoned. Public Land Dedication The City will require cash in lieu of land dedication for the new lot. The lot with the existing house will not be charged a park dedication fee. Park Dedication Fees Total # of Lots = 1 x 2020 Park Dedication Fee $3,150 = Total Due $3,150 Tree Preservation 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. Sheet 4, Tree Inventory/Removals identifies 46 significant trees on the entire site and 8 of these trees will be removed. Of those 8 trees, 7 of the trees are within the basic use area of the house pad and driveway and mitigation is not required. The other 1 tree is being removed in order to construct the FEMA floodplain mitigation basin. The remaining 38 trees provide open space mitigation requirements, prevent erosion control and provide shoreland aesthetics. No further tree mitigation is required. Landscaping Canopy cover, foundation landscaping, and buffer and screens are not required for the 2 lot residential subdivision. 5 Open Area Landscaping The proposed FEMA floodplain mitigation basin is approximately 600 sf. This would require 1 large tree and 3 large shrubs. The remaining 38 trees and existing shrubs on site satisfy the open area landscape requirements. No further landscaping is required. Boulevard Trees Boulevard trees are required at the rate of 1 tree per lot frontage for singly family lots. This would require 2 boulevard trees. Both Lot 1 and Lot 2 contain existing trees in the front yard that serve as boulevard trees. No additional boulevard trees are required. Sod and Ground Cover All disturbed areas shall have appropriate ground cover in accordance with Section 1007.043(17)(h). This includes the existing driveway turn around being removed. Shoreline Buffer Zone Reshanau Lake is an impaired, recreational development lake and efforts to protect and improve the natural resource should be implemented with any development. A native vegetated shoreline buffer will be required as a stormwater management best management practice (BMP) to minimize runoff pollutants from entering the lake. The buffer will also help stabilize the shoreline, reduce erosion and support aquatic plants and wildlife. An average 20 foot wide but no less than 10 foot minimum wide native vegetated buffer zone extending from the shoreline shall be installed and maintained on both Lot 1 and Lot 2. As recommended by the Planning & Zoning Board, a 20 foot wide access opening to the lake is allowed. A landscape plan with buffer plantings has been submitted. A maintenance plan shall be submitted. Wetlands A Wetland Delineation Report was completed by Jacobson Environmental, PLLC on August 2, 2019. A WCA Notice of Decision approving the wetland delineation was issued by RCWD on September 16, 2019. Three (3) basins were delineated. Basin 1 is 0.016 acres and Basin 2 is 0.024 acres. Both are located within the rear yard of Lot 1. Basin 3 is 0.008 acres and is adjacent to the Reshanau Lake shoreline on both Lot 1 and Lot 2. No wetland impacts are proposed. Per RCWD, Rule F is not triggered; therefore, no WMC wetland buffers are required. A drainage and utility easement 10 feet above the delineated wetland is provided. Floodplain The 2015 DFIRM indicates Zone AE floodplain on both Lot 1 and Lot 2. The FEMA base flood elevation (BFE) is 887. Per Sheet 6, CLOMR-F Exhibit, the applicant is proposing 38 cy of floodplain fill and 39 cy of compensatory storage. The applicant has submitted a CLOMR-F application to the City for review to revise the floodplain map. This application shall be submitted to FEMA for approval. A LOMR-F shall be approved by FEMA as well. It should 6 be noted that any future proposed structures such as accessory structures shall meet the floodplain ordinance requirements. Shoreland Management Overlay The general purpose and intent of the Shoreland Management Overlay ordinance is to protect public waters. Per the ordinance Policy statement, the uncontrolled use of shorelands of the city affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise subdivision, use and development of shorelands of public waters. As discussed, the site is located in a Shoreland Management Overlay district of Reshanau Lake. This lake is a classified as a Recreational Development Lake and has an 883.5 OHWL elevation. The required OHWL setback for both Lot 1 and Lot 2 is 75 feet for sewered lots. The proposed setback on Lot 1 is 87.6 feet and is compliant. The current setback from the existing house on Lot 2 is 73.5 feet. The house is considered legal non-conforming. Per Section 1102.87(1)(c)4, impervious surface coverage on each lot must not exceed 30%. Sheet 2, Preliminary Plat notes impervious surface coverage for Lot 1 = 18.0% and Lot 2 = 19.8%. Both meet the allowed 30% impervious surface coverage of the shoreland ordinance. A native vegetated shoreline buffer is provided as a stormwater management best management practice (BMP) to minimize runoff pollutants from entering the lake. An average 20 foot wide drainage and utility easement is dedicated on the plat along the shoreline to create and protect the buffer. Impervious Surface Coverage Per the Site Drainage Narrative prepared by Plow Engineering, Inc. dated September 13, 2019, the overall total site impervious surface coverage is as follows: Impervious Surface Coverage Total Parcel Size 0.98 acres Existing Impervious 0.16 acres (16%) Proposed Impervious 0.20 acres (21%) Comprehensive Plan Stern Addition is consistent with the goals and policies of the comprehensive plan in regards to resource management, land use, housing, transportation and utilities as detailed with approval of the preliminary plat. Density and Land Area Calculations The following chart implements Met Council’s formula for calculating net density. 7 Gross Area (acres) 0.96 Wetlands & Water Bodies (0.05) Public Parks & Open Space 0.00 Arterial ROW 0.00 Other (Utility Transmission Easement) 0.00 Other (Wetland Buffer Area) 0.00 Net Area (acres) 0.91 # of Units 2 Gross Density (units/acre) 2.09 Net Density (units/acre) 2.20 The subject site is guided low density residential development and allows for 1.6 to 3.9 units per net acre. The proposed net density of 2.20 units per acre is consistent with the Comprehensive Plan. Development Agreement A Development Agreement has been drafted by the City and shall be executed and recorded by the developer. Title Commitment The City Attorney is reviewing the title commitment and final plat. Stormwater Maintenance Agreement The stormwater maintenance of this subdivision will be covered under the City’s Programmatic Maintenance Agreement. Findings of Fact The Findings of Fact for Stern Addition Final Plat are detailed in Resolution No. 20-96. 8 RECOMMENDATION The Planning & Zoning Board reviewed the Stern Addition Final Plat on April 8, 2020 and recommended approval with a 5-0 vote. ATTACHMENTS 1. Resolution No. 20-96 2. Final Plat 3. Resolution No. 20-97 4. Development Agreement 1 CITY OF LINO LAKES RESOLUTION NO. 20-96 RESOLUTION APPROVING THE STERN ADDITION FINAL PLAT WHEREAS, the City received a land use application for the Stern Addition Final Plat hereafter referred to as Development; and WHEREAS, City staff has completed a review of the proposed Development based on the following plans and information: • Certificate of Survey and Resource Inventory Map prepared by EG Rud & Sons, Inc. revision date September 1, 2020 • Preliminary Plat prepared by EG Rud & Sons, Inc. revision date September 1, 2020 • Preliminary Grading, Drainage & Erosion Control Plan prepared by EG Rud & Sons, Inc. revision date September 1, 2020 • Tree Inventory/Removals prepared by EG Rud & Sons, Inc. revision date September 1, 2020 • Utility As-Built Plan prepared by EG Rud & Sons, Inc. revision date September 1, 2020 • Landscape Plan prepared by EG Rud & Sons, Inc. revision date September 1, 2020 • CLOMR-F Exhibit prepared by EG Rud & Sons, Inc. revision date September 1, 2020 • Final Plat prepared by EG Rud & Sons, Inc. dated March 9, 2020; and WHEREAS, the City Council the approved the Preliminary Plat with Resolution No. 19- 147 on November 12, 2019; and WHEREAS, the Planning & Zoning Board reviewed and recommended approval of the Development on April 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 shall review the status of title/property ownership related to the final plat prior to release of the final plat. 3. A Development Agreement has been drafted and shall be executed. 2 4. Conditions attached to approval of the preliminary plat have been fulfilled or secured by the Development Agreement. 5. All fees, charges and escrow related to the preliminary or final plat have been paid in full. BE IT FURTHER RESOLVED by the City Council of the City of Lino Lakes hereby approves Stern Addition Final Plat subject to the following conditions: 1. A basin and side yard drainage way are required to minimize stormwater and pollutants from entering the public water. 2. A vegetated buffer zone extending upland from the shoreline averaging at least 20 feet in width but no less than 10 feet in width shall be installed and maintained on both Lot 1 and Lot 2, Stern Addition. a. One access opening to the shoreline no greater than twenty (20) feet wide is allowed on both Lot 1 and Lot 2. b. The vegetated buffer zone shall be maintained in accordance with the recorded Shoreline Buffer Declaration and Maintenance Plan. c. The Shoreline Buffer Declaration shall be recorded against Lot 1 and Lot 2, Block 1, Stern Addition. 3. The existing house on Lot 2 and the new house on Lot 1 are required to connect to municipal water and sanitary service upon availability. 4. The existing septic system and private well on Lot 2 shall be properly removed, sealed and approved by the City prior to the issuance of a single family home building permit on Lot 1. 5. Lot 1 and Lot 2 will have limited ability to construct accessory structures, decks or additions due to the required OHWL setback and floodplain requirements. 6. The applicant shall obtain a FEMA LOMR-F to revise the floodplain map. 7. The applicant shall submit a completed CLOMR-F application prior to release of plat for recording. 8. An approved CLOMR – F will be required before issuing a building permit. 9. A LOMR-F will be required prior to Certificate of Occupancy. BE IT FURTHER RESOLVED by the City Council of the City of Lino Lakes hereby approves the Stern Addition Final Plat subject to the following items being addressed: 1. The Development Agreement shall be approved by the City Council, executed and recorded against the property. a. Securities and fees shall be paid. 2. A copy of the recorded Shoreline Buffer Declaration shall be provided to the City. 3. The City Attorney shall review the status of title/property ownership related to the final plat prior to release of the final plat. 4. The applicant shall submit a completed CLOMR-F application prior to release of plat for recording. 5. Any comments from the City Engineer letter dated March 31, 2020 shall be addressed. 6. Any comments from the Environmental Coordinator letter dated March 31, 2020 shall be addressed. 3 7. Sheet 4, Tree Inventory/Removal Plan: a. A boulevard tree is not required on either Lot 1 or Lot 2. Existing front yard trees satisfy landscape requirements. The plan shall be revised. 8. Sheet 6, Landscape Plan: a. A boulevard tree is not required on either Lot 1 or Lot 2. Existing front yard trees satisfy landscape requirements. The plan shall be revised. b. The lots and block shall be labeled. c. The drainage and utility easements shall be labeled. Adopted by the Council of the City of Lino Lakes this 14th day of September, 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 OF LINO LAKES RESOLUTION NO. 20-97 RESOLUTION APPROVING DEVELOPMENT AGREEMENT FOR STERN ADDITION WHEREAS, the City Council approved the final plat for Stern Addition with Resolution No. 20-96 on September 14, 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 James and Sheryl Stern and the City of Lino Lakes for Stern Addition and authorizes the Mayor and City Clerk to execute such agreement on behalf of the City. Adopted by the Council of the City of Lino Lakes this 14th day of September, 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 Stern Addition THIS AGREEMENT is made this _____ day of ____________, 2020, by and between the City of Lino Lakes, a Minnesota municipal corporation, and James M Stern and Sheryl L Stern “Developer”. 1. Subdivision. Developer received preliminary plat approval from the City by Resolution No. 19-147 for a plat known as Stern Addition “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 Stern Addition, 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. 20-96. 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. Stern Addition plan set containing 7 sheets, prepared by EG Rud and Sons, Inc. and Plowe Engineering Inc. dated September 1, 2020. ii. Stern Addition Final Plat, prepared by EG Rud and Sons, Inc., received March 9, 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. Stern Addition Development Agreement September 14, 2020 page 2 6. Developer Improvements. The Developer shall secure a contractor to install these improvements, hereinafter referred to as the “Developer Improvements,” which contractor shall be approved by the City in its absolute discretion. The cost of Developer Improvements is as shown on Exhibit C attached hereto. All Developer Improvements shall require City inspection and approval and, where appropriate, the approval of any other governmental agency having jurisdiction. The Developer shall construct and install at the Developer's expense the following improvements according to the following terms and conditions: a. Site Grading i. No grading shall commence until all requirements of the Rice Creek Watershed District (RCWD) have been satisfied. ii. All site grading shall be conducted in accordance with the grading plan as approved by the City and in accordance with NPDES and RCWD requirements. The Developer shall perform the work in accordance with a Storm Water Pollution Prevention Plan (SWPPP) pursuant to Minnesota Pollution Control Agency (MPCA) requirements. b. Grading and Erosion Control i. The Developer shall grade the site to within 0.2 foot of the grades shown on the approved grading plan. No deviations will be allowed unless a revised plan is submitted and approved by the City and all other regulatory agencies. ii. The street right-of-way, storm water storage ponds, and surface water drainage ways shall be graded prior to commencement of utility construction. iii. The Developer shall be responsible for ascertaining that site geotechnical and groundwater conditions are adequate and conforming with the grading and site improvement as proposed. iv. The Developer’s engineer shall certify in writing, with an as-built survey, that all grading complies with the approved grading plan prior to issuance of any building permits. v. The Developer shall promptly clear dirt and debris within public right -of- ways and drainage and utility easements resulting from construction by the Developer, its purchasers, builders and contractors within five (5) days after notification by the City. The Developer shall be responsible for all necessary street and storm sewer maintenance, including street Stern Addition Development Agreement September 14, 2020 page 3 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 to p of the iron corresponds to the finished ground elevation in accordance with the approved grading plan. Guard stakes shall be appropriately installed to mark these irons. i. Landscaping shall be furnished and installed in accordance with the approved plans. j. The Developer shall arrange for all gas, telephone, cable TV and electric utility services to the Subdivision in accordance with City Code and State law. The utilities are required to be located within a joint trench. Street light installations shall be initiated by the Developer with City Engineer approval. The Developer is solely responsible for the cost of utility installation. k. The Developer shall install mailboxes in accordance with Federal and Postal Service regulations. Stern Addition Development Agreement September 14, 2020 page 4 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 July 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 drawin gs, in electronic format, of all public and private infrastructure improvements, including grading, sanitary sewer, watermain, storm sewer facilities, and roads, constructed by Developer. The files shall be drawn in Anoka County NAD 83 Coordinate system and provided in both AutoCAD .dwg and Adobe .pdf file formats. The plans shall include accurate locations, dimensions, elevations, grades, slopes and all other pertinent information concerning the complete work. b. The Developer shall submit certified compaction testing results for the site grading operations. c. A summary of the record plan attribute data for the storm sewer, watermain, and sanitary sewer structures and pipes shall be submitted in the form of an Excel Spreadsheet as provided by the City Engineer. d. No securities will be fully released until all record drawings have been submitted and accepted by the City Engineer. 10. Faithful Performance of Construction Contracts and Security. a. The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Developer Improvements. Concurrent with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on one hundred fifty (150%) percent of the total estimated cost of Developer's Improvements. b. Irrevocable Letter of Credit. If an Irrevocable Letter of Credit is utilized, it shall be for the exclusive use and benefit of the City of Lino Lakes and shall state that it is issued to guarantee and assure performance by the Developer of all the terms and Stern Addition Development Agreement September 14, 2020 page 5 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. Not Applicable. d. Reduction of Security. The Developer may request reduction of the Letter of Credit or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. 11. Warranty. The Developer warrants all utility work required to be performed by it against poor material and faulty workmanship for a period of two years after its completion and acceptance by the City. All new streets shall be warranted by the developer for a period of one year from the time the final inspection of the street is completed and accepted by the City. All trees, grass and sod shall be warranted to be alive, of good quality and disease free for 12 months after planting. Prior to final acceptance of the Developer Improvements the City shall require a Performance Bond or Cash Escrow to cover the warranty provisions of this Agreement. The amount shall be determined by the City Engineer. 12. Dedication. The Developer shall dedicate to the City, at no cost to the City, any permanent or temporary easements that may be necessary for the construction and installation of the Developer Improvements. All such easements required by the City shall be in writing, in recordable form, containing such terms and conditions as the City shall determine. 13. Ownership of Improvements. Upon completion and City acceptance of the work and construction required by this Agreement, the public improvements lying within public right-of-way and easements shall become City property without further notice or action unless the improvements are to be deemed private infrastructure. 14. Recording and Release. The Developer agrees that the terms of this Development Agreement shall be a covenant on any and all property included in the Subdivision. The Developer agrees that the City shall have the right to record a copy of this Development Stern Addition Development Agreement September 14, 2020 page 6 Agreement with the Anoka County Recorder to give notice to future purchasers and owners. This shall be recorded against the Subdivision described on Page 1. 15. Escrow for City’s Costs. a. The Developer agrees to establish a non -interest bearing escrow account with the City in an amount determined by the City Administrator or his designee for the payment of all costs incurred by the City related to the development of the Subdivision including, but not limited to, the following (See Exhibit C for breakdown of costs): i. Planning/ Review ii. Administration - 3% of Developer Improvement Costs iii. City Engineering iv. Street lighting installation (by utility company, developer to initiate) v. Traffic signing improvements vi. Boulevard tree planting vii. Street, storm sewer and pond maintenance viii. Property Taxes. Should the recording of the Final Plat occur after July 1 st, 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, t he Developer shall make such additional deposits as required by the City. The City shall have a right to reimburse itself from the Escrow with suitable documentation supporting the charges. 16. Developer Fees. At the time of execution of this Agreement, the Developer shall pay the following fees related to the development of the Subdivision (See Exhibit C for breakdown of costs): a. Park Dedication The Park Dedication Fee for this site is calculated as follows: 1 unit x $3,150.00 per unit (Residential) = $3,150.00 Stern Addition Development Agreement September 14, 2020 page 7 b. The Developer shall pay 15 months of maintenance and energy costs for street lights installed within the Subject Property at the rate of $7/month/light. Not applicable. c. Sealcoating. Not applicable 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. 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 Stern Addition Development Agreement September 14, 2020 page 8 The City established trunk utility connection fees to uniformly distribute the costs of public trunk water infrastructure. The Trunk Utility Connection Fee consists of two components; a Trunk Charge and an Availability Charge. Trunk Charge The trunk charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. Residential trunk charges are based on one unit per dwelling unit. Commercial/Industrial/Institutional (CII) trunk charges are based on a factor of 2.92 units per acre. Water $2,306.00 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 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 Stern Addition Development Agreement September 14, 2020 page 9 parcels. The Developer hereby waives any and all procedural and substantive objections to the special assessments, including notice and hearing requirements, any claim that the assessments exceed the benefit to the properties, and any right to appeal. b. Unless the Developer pays the entire balance owed for the Charges contemporaneously with the execution of this Agreement , the Developer shall provide to the City a cash escrow or irrevocable letter of credit in an amount equal to 35% of the total assessments for the Charges as estimated by the City Engineer (see Exhibit C). The letter of credit shall be in a form, and from a bank, as approved by the City. The letter of credit or cash escrow may be used by the City upon default by Developer in the payment of special assessments. The cash escrow or letter of credit shall remain in place throughout the term of the special assessments. The letter of credit may not be terminated without the City’s written consent. c. Developer, its heirs, successors or assigns, agrees that within 30 days after the date of sale of a lot, the Developer, its heirs, successors or assigns, at its own cost and expense, shall pay the entire unpaid charges assessed or to be assessed under this agreement against such property. d. If a certificate of occupancy is issued before the special assessments have been levied, the Developer, its heirs, successors or assigns shall pay the City the sum of cash equal to 120% of the Engineer's estimate of the special assessments for such Charges that would be levied against the property. Upon such payment the City shall issue a certificate showing the assessments are paid in full. Notwithstanding the issuance of said certificate, the Developer shall be liable to the City for any deficiency and the City shall pay the Developer any surplus arising from the payment based upon such estimate. e. Acceleration upon Default. In the event the Developer violates any of the covenants, conditions or agreements herein, violates any ordinance, rule or regulation of the City, County of Anoka, State of Minnesota or other governmental entity having jurisdiction over the plat or development, or fails to pay when due any installment of any special assessment levied pursuant to this agreement, or any interest thereon, the City at its option, in addition to its rights and remedies hereunder, after 10 days written notice to the Developer, may declare all of the unpaid special assessments which are then estimated or levied pursuant to this agreement due and pa yable 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 Stern Addition Development Agreement September 14, 2020 page 10 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. The Developer shall submit an approved CLOMR – F before the City will issue a building permit. 19. Special Provisions. a. The Developer shall submit a completed CLOMR-F application prior to release of plat for recording. b. A LOMR-F will be required prior to Certificate of Occupancy. c. A vegetated buffer zone extending upland from the shoreline averaging at least 20 feet in width but no less than 10 feet in width shall be installed and maintained on both Lot 1 and Lot 2, Stern Addition. i. One access opening to the shoreline no greater than twenty (20) feet wide is allowed on both Lot 1 and Lot 2. ii. The vegetated buffer zone shall be maintained in accordance with the recorded Shoreline Buffer Declaration and Maintenance Plan. iii. The Shoreline Buffer Declaration shall be recorded against Lot 1 and Lot 2, Block 1, Stern Addition. d. The existing house on Lot 2 and the new house on Lot 1 are required to connect to municipal water and sanitary service upon availability. e. The existing septic system and private well on Lot 2 shall be properly removed, sealed and approved by the City prior to the issuance of a single family home building permit on Lot 1. 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 Stern Addition Development Agreement September 14, 2020 page 11 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, pe rform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than 48 hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, levy the cost in whole or in part as a special assessment against the Subject Property. Developer waives its rights to notice of hearing and hearing on such assessments and its right to appeal such assessments pursuant to Minnesota Statutes, chapter 429. 23. General. a. Binding Effect The terms and provisions hereof shall be bi nding 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 Stern Addition Development Agreement September 14, 2020 page 12 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 change d by notice given as above. James M Stern and Sheryl L Stern 6820 West Shadow Lake Drive Lino Lakes, MN 55014 Community Development Director City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 Stern Addition Development Agreement September 14, 2020 page 13 24. Land Use Controls - Planned Unit Development. Not Applicable. Stern Addition Development Agreement September 14, 2020 page 14 DEVELOPER CITY OF LINO LAKES By ______________________ By _________________________ Mayor By ______________________ 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 COUNTY OF __________ ) Stern Addition Development Agreement September 14, 2020 page 15 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 STATE OF MINNESOTA ) ) SS 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 Stern Addition Development Agreement September 14, 2020 page 16 EXHIBIT A Legal Description Lot 1, Block 1, LAKES ADDITION NO. 5, Anoka County, Minnesota Stern Addition Development Agreement September 14, 2020 page 17 EXHIBIT B Final Plat Stern Addition Development Agreement September 14, 2020 page 18 EXHIBIT C Securities, Escrows & Fees 8/11/2020 EXHIBIT C Securities, Escrows & Fees PROJECT: NUMBER OF REU's:2 APPLICANT: NO. OF LOT FRONTAGES 2 AREA (Acres):0.44 IMPROVEMENTS COST NOTES DEVELOPER IMPROVEMENT COSTS (Public) SITE GRADING $2,500 EROSION CONTROL $0 LANDSCAPING $1,000 TRAIL $0 STREETS $0 STORM SEWER CONST.$0 SANITARY SEWER CONST.$0 WATERMAIN CONST.$0 ENGINEERING & SURVEYING $0 Total $3,500 Letter of Credit Amount X 150%$5,250 Due at the time of building permit ESCROW for CITY'S COSTS PLANNING/ REVIEW $200 ADMINISTRATION $300 ENGINEER PLAN REVIEW $200 ENGINEER CONSTRUCTION SERVICES $1,000 PROJECT FINAL DOCUMENTS & CITY ENGINEER $1,200 STREET LIGHT INSTALLATION $0 (0 lights) $2,500/Light STREET & STORMWATER MAINTENANCE $0 PROPERTY TAXES $0 If final plat between July 1 and Dec. 31 TRAFFIC AND SIGNING IMPROVEMENTS $0 $300 per sign BOULEVARD TREE PLANTING $0 $485/ tree Total $2,900 DEVELOPMENT FEES PARK DEDICATION $3,150 $3,150/res unit: $2,520/CII per ac PARK DEDICATION CREDIT $0 Subtotal Park Dedication Fee $3,150 AUAR $0 $269/acre SEAL COATING FEE $0 $0.44/SF of road GIS MAPPING FEE $90 $90/Lot STREET LIGHTING OPERATION $0 (0 lights) $120/Light Total $3,240 TRUNK SANITARY SEWER TRUNK CHARGE PER (ACRE OR UNIT)$3,212 $1606/unit AVAILABILITY CHARGE PER SAC UNIT $3,004 $1502/unit TRUNK WATERMAIN TRUNK CHARGE PER (ACRE OR UNIT)$4,612 $2306/unit AVAILABILITY CHARGE PER SAC UNIT $2,902 $1451/unit NEW LOT ASSESSMENT $14,593 =$14,293*1.021 TOTAL TRUNK SEWER & WATER FEES $28,323 SURFACE WATER MANAGEMENT $3,220 $7,318/ac $9,845/ac $10,890/ac SURFACE WATER MANAGEMENT CREDIT $0 CREDIT FOR TRUNK IMPROVEMENTS TOTAL SURFACE WATER MANAGEMENT FEES $3,220 Total $31,543 TO BE ASSESSED NOV 2020 SUMMARY OF SECURITIES, ESCROW & FEES SECURITY: DEVELOPER IMP'MENT COSTS $5,250 Due at the time of building permit ESCROW FOR CITY COSTS $2,900 Due at the time of Final Plat DEVELOPMENT FEES $3,240 Due at the time of Final Plat SPECIAL ASSESSMENTS: TRUNK FEES $31,543 TO BE ASSESSED NOV 2020 PROCLAMATION DIRECT SUPPORT PROFESSIONAL RECOGNITION WEEK SEPTEMBER 13th – 19th, 2020 WHEREAS, Direct Support Professionals (DSPs) are the primary providers of community- based long-term support services for tens of thousands of individuals with disabilities in Minnesota; and WHEREAS, DSPs are valued for their work in building respectful and trusted relationships with individuals to assist them with their most intimate needs; and WHEREAS, DSPs provide essential support to individuals with disabilities to stay connected to family, friends, coworkers, and the community, helping them to define and live a quality life; and WHEREAS, DSPs provide a broad range of individualized supports, including meal preparation, medication assistance, personal care and life skills training, mobility, work and life enrichment opportunities, and other daily tasks; and WHEREAS, DSPs support informed choices and person-centered practices that honor and respect the individuals with disabilities they serve; and WHEREAS, During the COVID-19 outbreak, DSPs have played an instrumental role in ensuring safety and maintaining dedicated support and care for those they serve; and WHEREAS, An adequate workforce of high-quality DSPs is necessary for the people of Minnesota to respond to the needs of people with disabilities, and minimize more costly settings such as hospitals or institutions; and WHEREAS, DSPs are one of the fastest growing positions in Minnesota and demand for their skills is great; and yet low wages and demographic trends are creating a growing shortage of DSPs, leading to increased turnover; and WHEREAS, Public officials are key advocates in building awareness and addressing the issues facing this publicly funded workforce. NOW THEREFORE, BE IT RESOLVED that I, Rob Rafferty, Mayor of the City of Lino Lakes, do hereby proclaim the week of September 13th through 19th, 2020 as DIRECT SUPPORT PROFESSIONAL RECOGNITION WEEK IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Lino Lakes to be affixed on September 14th, 2020. __________________________ Rob Rafferty, Mayor __________________________ Attest: Julie Bartell, City Clerk