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HomeMy WebLinkAbout01-10-2022 Council Packet EXPANDED AGENDA CITY COUNCIL AGENDA Monday, January 10, 2022 *********** 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Rafferty, Councilmembers Cavegn, Lyden, Ruhland and Stoesz City Administrator: Sarah Cotton COUNCIL WORK SESSION, 5:30 P.M. Council Chambers (not televised) 1. The Rookery Activity Center (visit facility) 2. Review Regular Agenda CITY COUNCIL MEETING, 6:30 P.M.  Oath of Office – Mayor Rafferty; Council Members Stoesz and Cavegn  Call to Order and Roll Call - Ruhland, Stoesz, Cavegn, Rafferty present; Lyden absent  Pledge of Allegiance  Open Mike / Public Comment (in person or received in writing prior to meeting) There were no comments  Setting the Agenda: Addition or Deletion of Agenda Items The agenda was accepted as presented SPECIAL PRESENTATION Oath of Police Service – Police Officer, Samantha Bergeron 1. CONSENT AGENDA A) Consideration of Expenditures: i) January 10, 2022 (Check No. 115655 through 115717) in the Amount of $273,630.05 B) Consider Approval of December 27, 2021 Council Meeting Minutes C) Consider Approval of Rookery Activity Center Expenditures D) Consider Approval of Advisory Board Appointments E) Consider Approval of Resolution 22-09, Centerville Lions Ice Fishing Contest, Exempt Raffle and Temporary On -Sale Liquor License Permit F) Consider Approval of Resolution 22-12, Approving On-Sale Wine, 3.2 On-Sale and Sunday Sales Liquor License for Mama Mia Mexican Grill Action Taken: Motion by Ruhland, seconded by Cavegn, to approve Consent Agenda Items 1A through 1F, as presented, was adopted Council Agenda -2- 2. FINANCE DEPARTMENT REPORT A) Consider Approval of Resolution No. 22-10, Amending the 2021 General Fund Operating Budget, Hannah Lynch Action Taken: Motion by Cavegn, seconded by Ruhland, to approve Resolution No. 22-10 as presented, was adopted 3. ADMINISTRATION DEPARTMENT REPORT A) Consider Appointment of Paid On Call Firefighter, Meg Sawyer Action Taken: Motion by Cavegn, seconded by Ruhland, to approve the hiring of Brian Kisch as recommended, was adopted B) Consider Approval of Annual Appointments for 2022, Sarah Cotton Action Taken: Motion by Ruhland, seconded by Stoesz, to approve the list of annual appointments as presented, was adopted C) Consider Appointment of Activity Center Manager, Meg Sawyer Action Taken: Motion by Cavegn, seconded by Ruhland, to approve the hiring of Lisa Hanson Hamey, as recommended, was adopted 4. PUBLIC SAFETY DEPARTMENT REPORT A) Consider acceptance of Monetary Donation for Fire Division, John Swenson Action Taken: Motion by Ruhland, seconded by Cavegn, to approve the acceptance of a $100,000 donation to be used to purchase certain fire suppression equipment, was adopted 5. PUBLIC SERVICES DEPARTMENT REPORT A) Consider Approval of Resolution 22-11, Order Project, Approve the Plans and Specifications and Authorize the Ad for Bid, Water Tower No. 2 Reconditioning Project, Diane Hankee Action Taken: Motion by Cavegn, seconded by Stoesz, to approve Resolution No. 22-11, as presented, was adopted 6. COMMUNITY DEVELOPMENT REPORT A) Consider Approval of Belland Farms and Associate Eye Care Partners, Katie Larsen i. Consider Resolution No. 22-03 Approving Final Plat ii. Consider Resolution No. 22-04 Approving Development Agreement iii. Consider Resolution No. 22-05 Approving Site Performance Agreement Action Taken: Motion by Stoesz, seconded by Ruhland, to approve Resolution No. 22-03, Resolution No. 22-04 and Resolution No. 22-05 as presented, was adopted Council Agenda -3- B) Consider Approval of MTO Properties Addition, Katie Larsen i. Resolution No. 22-06 Approving Final Plat ii. Resolution No. 22-07 Approving Development Agreement Action Taken: Motion by Stoesz, seconded by Cavegn, to approve Resolution No. 22-07 and Resolution No. 22-07 as presented, was adopted C) Consider Approval of Resolution No. 22-08, Authorizing Northeast 35E Master Plan Study, Michael Grochala Action Taken: Motion by Ruhland, seconded by Stoesz, to approve Resolution No. 22-08 as presented, was adopted 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Action Taken: Motion by Cavegn, seconded by Stoesz, to adjourn at 7:15 p.m. was adopted Community Calendar – A Look Ahead January 10, 2022 through January 24, 2022 Wednesday, January 12 6:30 pm, Council Chambers Planning & Zoning Board Monday, January 17 CITY HALL CLOSED Martin Luther King Monday, January 24 6:00 pm, Community Room Council Work Session Monday, January 24 6:30 pm, Council Chambers City Council Meeting Updated 1/7/2022 CITY COUNCIL AGENDA Monday, January 10, 2022 *********** 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Rafferty, Councilmembers Cavegn, Lyden, Ruhland and Stoesz City Administrator: Sarah Cotton COUNCIL WORK SESSION, 5:30 P.M. Council Chambers (not televised) 1. The Rookery Activity Center (visit facility) 2. Review Regular Agenda CITY COUNCIL MEETING, 6:30 P.M.  Oath of Office – Mayor Rafferty; Council Members Stoesz and Cavegn  Call to Order and Roll Call  Pledge of Allegiance  Open Mike / Public Comment (in person or received in writing prior to meeting)  Setting the Agenda: Addition or Deletion of Agenda Items SPECIAL PRESENTATION Oath of Police Service – Police Officer, Samantha Bergeron 1. CONSENT AGENDA A) Consideration of Expenditures: i) January 10, 2022 (Check No. 115655 through 115717) in the Amount of $273,630.05 B) Consider Approval of December 27, 2021 Council Meeting Minutes C) Consider Approval of Rookery Activity Center Expenditures D) Consider Approval of Advisory Board Appointments E) Consider Approval of Resolution 22-09, Centerville Lions Ice Fishing Contest, Exempt Raffle and Temporary On-Sale Liquor License Permit F) Consider Approval of Resolution 22-12, Approving On-Sale Wine, 3.2 On-Sale and Sunday Sales Liquor License for Mama Mia Mexican Grill. 2. FINANCE DEPARTMENT REPORT A) Consider Approval of Resolution No. 22-10, Amending the 2021 General Fund Operating Budget, Hannah Lynch Council Agenda -2- 3. ADMINISTRATION DEPARTMENT REPORT A) Consider Appointment of Paid On Call Firefighter, Meg Sawyer B) Consider Approval of Annual Appointments for 2022, Sarah Cotton C) Consider Appointment of Activity Center Manager, Meg Sawyer 4. PUBLIC SAFETY DEPARTMENT REPORT A) Consider acceptance of Monetary Donation for Fire Division, John Swenson 5. PUBLIC SERVICES DEPARTMENT REPORT A) Consider Approval of Resolution 22-11, Order Project, Approve the Plans and Specifications and Authorize the Ad for Bid, Water Tower No. 2 Reconditioning Project, Diane Hankee 6. COMMUNITY DEVELOPMENT REPORT A) Consider Approval of Belland Farms and Associate Eye Care Partners, Katie Larsen i. Consider Resolution No. 22-03 Approving Final Plat ii. Consider Resolution No. 22-04 Approving Development Agreement iii. Consider Resolution No. 22-05 Approving Site Performance Agreement B) Consider Approval of MTO Properties Addition, Katie Larsen i. Resolution No. 22-06 Approving Final Plat ii. Resolution No. 22-07 Approving Development Agreement C) Consider Approval of Resolution No. 22-08, Authorizing Northeast 35E Master Plan Study, Michael Grochala 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Community Calendar – A Look Ahead January 10, 2022 through January 24, 2022 Wednesday, January 12 6:30 pm, Council Chambers Planning & Zoning Board Monday, January 17 CITY HALL CLOSED Martin Luther King Monday, January 24 6:00 pm, Community Room Council Work Session Monday, January 24 6:30 pm, Council Chambers City Council Meeting Expenditures January 10, 2022 Check #115655 to #115717 $273,630.05 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 1/10/2022 City Council Meeting Vendor Fund/Dept Account Amount Check # Description AFSCME Council #5 101-000 101-000-2040-000 537.60 115657 PR Batch 00002.01.2022 Union Dues AFSCME Central Pension Fund 101-000 101-000-2040-000 4,992.00 115655 December Central Pension Fund Delta Dental of Minnesota 101-000 101-000-2040-000 325.52 115658 Dental Insurance Premiums International Union 101-000 101-000-2040-000 560.00 115660 PR Batch 00002.01.2022 Union Dues 49ers Law Enforcement Labor Services 101-000 101-000-2040-000 1,430.00 115661 PR Batch 00002.01.2022 Union Dues LELS Medica 101-000 101-000-2040-000 129.16 115662 Health Insurance Premiums NCPERS Group Life Insurance 101-000 101-000-2040-000 272.00 115656 December Life Insurance Premiums Medica 101-000 101-000-2041-000 8,243.38 115662 Health Insurance Premiums Delta Dental of Minnesota 101-000 101-000-2044-000 1,083.56 115658 Dental Insurance Premiums Fidelity Security Life Insurance Co. 101-000 101-000-2048-000 100.69 115659 January Vision Insurance 101-000 Total 17,673.91 Medica 101-402 101-402-4131-000 570.73 115662 Health Insurance Premiums Delta Dental of Minnesota 101-402 101-402-4134-000 89.89 115658 Dental Insurance Premiums Shred-it c/o Stericycle Inc. 101-402 101-402-4410-000 27.70 115707 Document destruction TASC - Client Invoices 101-402 101-402-4410-000 107.20 115710 November Admin Fees 101-402 Total 795.52 Medica 101-407 101-407-4131-000 2,206.76 115662 Health Insurance Premiums Delta Dental of Minnesota 101-407 101-407-4134-000 101.11 115658 Dental Insurance Premiums 101-407 Total 2,307.87 Rupp Anderson Squires & Waldspurger P.A. 101-414 101-414-4301-000 500.17 115705 September Legal Fees 101-414 Total 500.17 MN Metro North Tourism Board 101-415 101-415-4900-000 3,767.00 115694 November 2021 Tourism Tax 101-415 Total 3,767.00 Medica 101-416 101-416-4131-000 570.72 115662 Health Insurance Premiums Delta Dental of Minnesota 101-416 101-416-4134-000 44.94 115658 Dental Insurance Premiums ESRI 101-416 101-416-4410-000 500.00 115677 ArcGIS Annual Maintenance Rupp Anderson Squires & Waldspurger P.A. 101-416 101-416-4410-000 912.00 115705 September Legal Fees 101-416 Total 2,027.66 ESRI 101-417 101-417-4410-000 500.00 115677 ArcGIS Annual Maintenance 101-417 Total 500.00 Medica 101-418 101-418-4131-000 570.73 115662 Health Insurance Premiums Delta Dental of Minnesota 101-418 101-418-4134-000 44.94 115658 Dental Insurance Premiums 101-418 Total 615.67 Medica 101-420 101-420-4131-000 19,157.01 115662 Health Insurance Premiums Delta Dental of Minnesota 101-420 101-420-4134-000 1,058.38 115658 Dental Insurance Premiums RDJ Specialties Inc. 101-420 101-420-4214-000 357.50 115701 Kid's tattoos UPS/United Parcel Service 101-420 101-420-4322-000 22.45 115712 Shipping charge Aspen Mills Inc. 101-420 101-420-4370-000 202.50 115666 Uniform Allowance - New Hire - S. Bergeron Aspen Mills Inc. 101-420 101-420-4370-000 36.50 115666 Uniform Allowance - A. Ng Aspen Mills Inc. 101-420 101-420-4370-000 849.00 115666 Body Armor Aspen Mills Inc. 101-420 101-420-4370-000 899.00 115666 Body Armor Aspen Mills Inc. 101-420 101-420-4370-000 67.70 115666 Uniform Allowance - B. Strub Aspen Mills Inc. 101-420 101-420-4370-000 385.40 115666 Uniform Allowance - A. Hallin Streicher's Inc. 101-420 101-420-4370-000 24.99 115709 Uniform Allowance - N. Hamann Xcel Energy 101-420 101-420-4381-000 4.21 115717 Electric Aspen Mills Inc. 101-420 101-420-4386-000 13.70 115666 Uniforms - Reserves Shred-it c/o Stericycle Inc. 101-420 101-420-4410-000 55.41 115707 Document destruction 101-420 Total 23,133.75 Medica 101-421 101-421-4131-000 1,366.03 115662 Health Insurance Premiums Delta Dental of Minnesota 101-421 101-421-4134-000 65.16 115658 Dental Insurance Premiums RDJ Specialties Inc. 101-421 101-421-4214-000 357.50 115701 Kid's tattoos Aspen Mills Inc. 101-421 101-421-4370-000 109.20 115666 Uniforms Macqueen Equipment Inc. 101-421 101-421-4370-000 20,817.21 115691 Turnout Gear 101-421 Total 22,715.10 Medica 101-422 101-422-4131-000 2,375.70 115662 Health Insurance Premiums Delta Dental of Minnesota 101-422 101-422-4134-000 89.88 115658 Dental Insurance Premiums T-Mobile USA Inc 101-422 101-422-4321-000 148.82 115711 Cell Phone/Wi-Fi Service 101-422 Total 2,614.40 Medica 101-430 101-430-4131-000 2,368.50 115662 Health Insurance Premiums Delta Dental of Minnesota 101-430 101-430-4134-000 188.75 115658 Dental Insurance Premiums Pomp's Tire Service Inc. 101-430 101-430-4211-000 75.00 115697 Disposal of tires Hardwood Creek Lumber Inc. 101-430 101-430-4224-000 144.80 115681 Snow stakes Cargill Inc. 101-430 101-430-4228-000 22,168.36 115669 396 820 pounds of deicer T-Mobile USA Inc 101-430 101-430-4321-000 92.39 115711 Cell Phone/Wi-Fi Service Xcel Energy 101-430 101-430-4385-000 4,275.40 115717 Electric Xcel Energy 101-430 101-430-4385-000 783.84 115717 Electric 101-430 Total 30,097.04 Medica 101-431 101-431-4131-000 1,841.13 115662 Health Insurance Premiums Delta Dental of Minnesota 101-431 101-431-4134-000 98.88 115658 Dental Insurance Premiums Mansfield Oil Company 101-431 101-431-4212-000 7,977.33 115692 Diesel fuel - 1 000 gallons Gasoline - 1 901 gallons Allied Oil & Supply Inc. 101-431 101-431-4221-000 173.55 115665 55 gallon drum def fluid Factory Motor Parts Company 101-431 101-431-4221-000 83.98 115679 Door handle #403 Hugo Equipment Company 101-431 101-431-4221-000 24.85 115684 Snow blower parts Hydraulics Plus & Consulting 101-431 101-431-4221-000 270.34 115685 Cylinder repair #224 Hydraulics Plus & Consulting 101-431 101-431-4221-000 107.02 115685 Hydraulic hose for the wing #215 Lano Equipment 101-431 101-431-4221-000 689.92 115689 Glass door mirror oil and fluids #414 O'Reilly Automotive Stores 101-431 101-431-4221-000 9.83 115696 Wheel weights Pomp's Tire Service Inc. 101-431 101-431-4221-000 428.04 115697 4 Tires #311 S&S Industrial Hardware Supply 101-431 101-431-4221-000 23.15 115706 Nuts & bolts #215 Walser Polar Chevrolet 101-431 101-431-4221-000 115.00 115714 Floor mats #318 Boyer Trucks Inc. 101-431 101-431-4300-000 2,332.07 115668 Replace rusted engine oil pan service oil and fuel filter #200 Emergency Apparatus Maintenance 101-431 101-431-4410-000 2,956.42 115675 Repair control box #622 101-431 Total 17,131.51 Menards - Forest Lake 101-432 101-432-4211-000 179.98 115693 Air hose and compressor Nardini Fire Equipment Co 101-432 101-432-4300-501 187.85 115695 Fire extinguisher inspections Nardini Fire Equipment Co 101-432 101-432-4300-502 462.90 115695 New fire extinguisher and inspections Nardini Fire Equipment Co 101-432 101-432-4300-503 232.70 115695 Fire extinguisher inspections Comcast 101-432 101-432-4321-502 355.61 115672 Phone & Internet services Quadient Finance USA Inc. 101-432 101-432-4322-000 500.00 115699 Postage machine postage Xcel Energy 101-432 101-432-4381-501 460.18 115717 Electric Xcel Energy 101-432 101-432-4381-502 1,060.71 115717 Electric Xcel Energy 101-432 101-432-4381-503 5,330.92 115717 Electric CenterPoint Energy 101-432 101-432-4383-500 1,478.25 115671 Natural Gas CenterPoint Energy 101-432 101-432-4383-501 675.10 115671 Natural Gas CenterPoint Energy 101-432 101-432-4383-502 629.37 115671 Natural Gas Premium Waters Inc. 101-432 101-432-4410-500 100.63 115698 Kandiyohi water 101-432 Total 11,654.20 Medica 101-450 101-450-4131-000 1,212.80 115662 Health Insurance Premiums Delta Dental of Minnesota 101-450 101-450-4134-000 147.19 115658 Dental Insurance Premiums Aid Electric Corporation 101-450 101-450-4300-000 273.33 115664 Old City Hall Park heater electrical hook-up T-Mobile USA Inc 101-450 101-450-4321-000 87.83 115711 Cell Phone/Wi-Fi Service Xcel Energy 101-450 101-450-4381-000 132.60 115717 Electric CenterPoint Energy 101-450 101-450-4383-000 123.92 115671 Natural Gas WSB & Associates Inc. 101-450 101-450-5000-000 5,980.25 115716 October 2021 Tower Park Site Improvements 101-450 Total 7,957.92 Medica 101-451 101-451-4131-000 71.34 115662 Health Insurance Premiums Delta Dental of Minnesota 101-451 101-451-4134-000 10.11 115658 Dental Insurance Premiums DSGW 101-451 101-451-4300-000 2,510.00 115673 RAC Renovation consulting services Isaac Sports Group LLC 101-451 101-451-4300-000 2,800.00 115687 Consulting services - 3rd Payment 80% complete 101-451 Total 5,391.45 Medica 101-461 101-461-4131-000 171.22 115662 Health Insurance Premiums Delta Dental of Minnesota 101-461 101-461-4134-000 13.47 115658 Dental Insurance Premiums T-Mobile USA Inc 101-461 101-461-4321-000 29.00 115711 Cell Phone/Wi-Fi Service ESRI 101-461 101-461-4410-000 919.00 115677 ArcGIS Annual Maintenance 101-461 Total 1,132.69 Medica 101-462 101-462-4131-000 114.15 115662 Health Insurance Premiums Delta Dental of Minnesota 101-462 101-462-4134-000 8.99 115658 Dental Insurance Premiums 1st Choice Document Destruction 101-462 101-462-4410-000 600.00 115663 2320 Pounds of recycled paper and cardboard 101-462 Total 723.14 Medica 101-463 101-463-4131-000 142.68 115662 Health Insurance Premiums Delta Dental of Minnesota 101-463 101-463-4134-000 11.24 115658 Dental Insurance Premiums 101-463 Total 153.92 Medica 202-451 202-451-4131-000 85.61 115662 Health Insurance Premiums Delta Dental of Minnesota 202-451 202-451-4134-000 29.21 115658 Dental Insurance Premiums Frattallone's/Circle Pines Ace 202-451 202-451-4211-000 38.97 115680 Moving plates Menards - Forest Lake 202-451 202-451-4211-000 200.83 115693 Aspen board Menards - Forest Lake 202-451 202-451-4211-301 55.67 115693 Paint primer roller spackling knife window scraper Recreation Supply Co. Inc 202-451 202-451-4240-301 1,223.25 115702 Life vests lap lane pennants pool rope life hook first aid Recreation Supply Co. Inc 202-451 202-451-4240-301 820.00 115702 Kickboards buoys hand bars Edina Painting Company 202-451 202-451-4300-301 3,900.00 115674 Prep and paint metal railings on mezzanine level Edina Painting Company 202-451 202-451-4300-301 3,750.00 115674 Painting upper level fitness area and yoga studio Hauglies Inc. 202-451 202-451-4300-301 2,000.00 115682 Consultation & Budgeting for floor coverings Xcel Energy 202-451 202-451-4381-000 2,840.85 115717 Electric 202-451 Total 14,944.39 Emergency Automotive Technologies 402-420 402-420-5000-000 4,032.86 115676 Build-out #320 Emergency Automotive Technologies 402-420 402-420-5000-000 8,593.56 115676 Build-out #320 402-420 Total 12,626.42 Cavegn Tony 403-401 403-401-4240-000 500.00 115670 2022 Council Technology Stipend Lyden Christopher 403-401 403-401-4240-000 500.00 115690 2022 Council Technology Stipend Rafferty Robin G. 403-401 403-401-4240-000 500.00 115700 2022 Council Technology Stipend Ruhland Michael S. 403-401 403-401-4240-000 500.00 115704 2022 Council Technology Stipend Stoesz Dale K. 403-401 403-401-4240-000 500.00 115708 2022 Council Technology Stipend 403-401 Total 2,500.00 WSB & Associates Inc. 421-499 421-499-4304-142 3,461.00 115716 October 2022 Road Project 421-499 Total 3,461.00 Rupp Anderson Squires & Waldspurger P.A. 422-499 422-499-4301-125 64.00 115705 September Legal Fees 422-499 Total 64.00 Medica 601-494 601-494-4131-000 1,310.01 115662 Health Insurance Premiums Delta Dental of Minnesota 601-494 601-494-4134-000 115.73 115658 Dental Insurance Premiums Image Printing & Graphics Inc 601-494 601-494-4200-000 710.50 115686 UB Statements - 24 000 Hawkins Inc. 601-494 601-494-4222-000 90.00 115683 Chemical cylinder change-out Hawkins Inc. 601-494 601-494-4222-000 9,278.84 115683 Hydrofluosilicic Acid Chlorine LPC-5 WSB & Associates Inc. 601-494 601-494-4300-000 2,789.25 115716 October Risk Assessment and Emergency Response Plan Rupp Anderson Squires & Waldspurger P.A. 601-494 601-494-4301-000 80.00 115705 September Legal Fees T-Mobile USA Inc 601-494 601-494-4321-000 83.06 115711 Cell Phone/Wi-Fi Service Xcel Energy 601-494 601-494-4381-000 6,326.24 115717 Electric CenterPoint Energy 601-494 601-494-4383-000 202.01 115671 Natural Gas 601-494 Total 20,985.64 Medica 602-495 602-495-4131-000 1,310.00 115662 Health Insurance Premiums Delta Dental of Minnesota 602-495 602-495-4134-000 115.73 115658 Dental Insurance Premiums Image Printing & Graphics Inc 602-495 602-495-4200-000 710.50 115686 UB Statements - 24 000 W.W. Goetsch Associates Inc. 602-495 602-495-4211-000 8,540.98 115713 New pump LS #2 Winnick Supply Inc. 602-495 602-495-4240-000 265.67 115715 Deming bits and aluminum pipe wrenches Ritter & Ritter Sewer Service Inc. 602-495 602-495-4300-000 25,778.20 115703 Clean and televise sanitary sewer Ritter & Ritter Sewer Service Inc. 602-495 602-495-4300-000 13,594.75 115703 Clean large diameter sanitary sewer T-Mobile USA Inc 602-495 602-495-4321-000 83.07 115711 Cell Phone/Wi-Fi Service Xcel Energy 602-495 602-495-4381-000 2,033.12 115717 Electric CenterPoint Energy 602-495 602-495-4383-000 115.49 115671 Natural Gas W.W. Goetsch Associates Inc. 602-495 602-495-5000-000 6,852.00 115713 New mixer pump for LS #8 602-495 Total 59,399.51 Medica 603-496 603-496-4131-000 142.68 115662 Health Insurance Premiums Delta Dental of Minnesota 603-496 603-496-4134-000 13.49 115658 Dental Insurance Premiums 603-496 Total 156.17 Boulder Contracting LLC 801-000 801-000-2318-000 900.00 115667 Escrow Release - 1939 Red Oak Ln Eternity Homes LLC 801-000 801-000-2318-000 4,300.00 115678 Escrow Release - 6759 Redwood Ave Ivy Ridge Home Builders Inc. 801-000 801-000-2318-000 3,400.00 115688 Escrow Release - 2166 Dogwood St 801-000 Total 8,600.00 Grand Total 273,630.05 Electronic Funds Transfer MN Statute 471.38 Subd. 3 Council Meeting January 10, 2022 Transfer In/(Out) 12/22/2021 Transfer from Money Market 800,000.00 12/24/2021 Payroll #26 (162,666.19) 12/24/2021 Payroll #26 Federal Deposit (49,724.13) 12/24/2021 Payroll #26 PERA (53,643.83) 12/24/2021 Payroll #26 State (11,926.25) 12/24/2021 Payroll #26 Child Support (284.77) 12/24/2021 Payroll #26 H.S.A. Bank Pretax (2,979.23) 12/24/2021 Payroll #26 TASC Pretax (670.00) 12/24/2021 Payroll #26 ICMA 457 Def. Comp #301596 (4,470.00) 12/24/2021 Payroll #26 ICMA Roth IRA #706155 (905.75) 12/24/2021 Payroll #26 MSRS HCSP #98946-01 (1,795.71) 12/24/2021 Payroll #26 MSRS Def. Comp #98945-01 (3,778.00) 12/24/2021 Payroll #26 MSRS Roth IRA #98945-01 (765.00) 12/20/2021 Transfer from Money Market 1,660,000.00 12/20/2021 Transfer to MCM (1,660,000.00) 1/7/2022 HSA Bank ER Contribution (5,793.28) 1/7/2022 Council #01 Payroll (3,486.69) 1/7/2022 Council #01 Federal Deposit (202.30) 1/7/2022 Council #01 PERA (387.16) 1/7/2022 Council #01 State (45.08) 1/7/2022 Payroll #01 (135,466.30) 1/7/2022 Payroll #01 Federal Deposit (41,047.38) 1/7/2022 Payroll #01 PERA (45,616.56) 1/7/2022 Payroll #01 State (9,620.21) 1/7/2022 Payroll #01 Child Support (284.77) 1/7/2022 Payroll #01 H.S.A. Bank Pretax (4,084.05) 1/7/2022 Payroll #01 TASC Pretax (744.17) 1/7/2022 Payroll #01 ICMA 457 Def. Comp #301596 (4,470.00) 1/7/2022 Payroll #01 ICMA Roth IRA #706155 (905.75) 1/7/2022 Payroll #01 MSRS HCSP #98946-01 (1,782.95) 1/7/2022 Payroll #01 MSRS Def. Comp #98945-01 (3,778.00) 1/7/2022 Payroll #01 MSRS Roth IRA #98945-01 (765.00) COUNCIL MINUTES DRAFT 1 1 LINO LAKES CITY COUNCIL 2 REGULAR MEETING 3 MINUTES 4 5 DATE : December 27, 2021 6 TIME STARTED : 6:30 p.m. 7 TIME ENDED : 6:45 p.m. 8 MEMBERS PRESENT : Councilmember Stoesz, Lyden, 9 Ruhland, and Mayor Rafferty 10 MEMBERS ABSENT : Councilmember Cavegn 11 12 Staff members present: Public Safety Director John Swenson; Public Services Director Rick 13 DeGardner; City Clerk Julie Bartell 14 15 ADVISORY BOARD INTERVIEWS 16 17 Prior to the regular meeting, the Council interviewed four applicants for City advisory boards. 18 19 PUBLIC COMMENT 20 There were no public comments. 21 SETTING THE AGENDA 22 The agenda was approved as presented. 23 CONSENT AGENDA 24 Councilmember Lyden moved to approve the Consent Agenda, Items 1A through 1F as 25 presented. Councilmember Stoesz seconded the motion. Motion carried on a voice vote. 26 27 ITEM ACTION 28 Consideration of Expenditures: 29 A) December 27, 2021 (Check No. 115573 through 115654 in the 30 Amount of $1,102,557.34 Approved 31 B) Consider Approval of December 13, 2021 Council 32 Work Session Minutes Approved 33 C) Consider Approval of December 13, 2021 Council 34 Minutes 35 D) Consider Approval of December 13, 2021 Special Work 36 Session Minutes Approved 37 E) Consider Approval of December 20, 2021 Special Council 38 Minutes 39 F) Consider Approval of The Rookery Activity Center 40 Expenditures Approved 41 COUNCIL MINUTES DRAFT 2 FINANCE DEPARTMENT REPORT 42 There was no report from the Finance Department. 43 ADMINISTRATION DEPARTMENT REPORT 44 3A) Appointment of Accounting Clerk I – Public Safety Director Swenson reviewed the 45 staff report that included information on the current vacancy, a candidate who currently works in 46 the Community Development Department and the staff recommendation to hire that candidate, 47 Jessica Eller. Ms. Eller’s qualifications were reviewed. 48 Councilmember Ruhland moved to approve the appointment of Jessica Eller as recommended. 49 Councilmember Stoesz seconded the motion. Motion carried on a voice vote. 50 3B) Appointment of Public Safety CSO – Public Safety Director Swenson reviewed the 51 written staff report that included information on the hiring process and the recommended 52 candidate. The individual has served the department as a reserve officer and done a fine job. 53 Councilmember Stoesz asked how many years this individual is away from completing his 54 degree. Director Swenson noted that he envisions that period to be 18 months. 55 Councilmember Lyden moved to approve the appointment of Jacob Mullen as recommended. 56 Councilmember Ruhland seconded the motion. Motion carried on a voice vote. 57 PUBLIC SAFETY DEPARTMENT REPORT 58 There was no report from the Public Safety Department. 59 PUBLIC SERVICES DEPARTMENT REPORT 60 There was no report from the Public Services Department. 61 COMMUNITY DEVELOPMENT REPORT 62 There was no report from the Community Development Department. 63 UNFINISHED BUSINESS 64 There was no Unfinished Business. 65 66 NEW BUSINESS 67 Activity Center Update – Public Service Director DeGardner provided an update: 68 - Sale of Fitness Equipment is Underway – a few pieces of equipment remain but much has 69 been sold; Endurance Fitness will keep a couple pieces of equipment; 70 - State of Minnesota, Vacation of Activity Center Building – COVID testing operations 71 will be out of the activity center as of Thursday this week. Staff is actively advertising 72 that change to avoid confusion for people seeking testing; 73 - Center Manager Hiring Process – Seven candidates interviewed; finalists will be 74 interviewed and a recommendation forwarded to the council in early January; 75 - Other Positions for The Rookery – Staff is finalizing job descriptions and opening the 76 process for applicants soon. 77 78 COUNCIL MINUTES DRAFT 3 COMMUNITY EVENTS 79 There were no events announced. 80 COMMUNITY CALENDAR 81 Community Calendar – A Look Ahead 82 December 28, 2021 through January 10, 2022 83 84 Monday, January 3 6:00 pm, Community Room Council Work Session 85 Tuesday, January 4 6:30 pm, Council Chambers Environmental Board 86 Wednesday, January 5 6:30 pm, Council Chambers Park Board 87 Thursday, January 6 8:00 am, Community Room EDAC 88 Tuesday, January 10 6:00 pm, Community Room Council Work Session 89 Tuesday, January 10 6:30 pm, Council Chambers City Council Meeting 90 91 ADJOURN 92 93 There being no further business, Councilmember Ruhland moved to adjourn at 6:45 p.m. 94 Councilmember Stoesz seconded the motion. Motion carried on a voice vote. 95 96 These minutes were considered and approved at the regular Council Meeting on January 10, 97 2022. 98 99 100 101 102 Julianne Bartell, City Clerk Rob Rafferty, Mayor 103 104 CITY COUNCIL AGENDA ITEM 1C STAFF ORIGINATOR: Rick DeGardner, Public Services Director MEETING DATE: January 10, 2022 TOPIC: Consider Approval of Rookery Activity Center Expenditures VOTE REQUIRED: 3/5 BACKGROUND Staff is recommending approval of the following expenditures for the Rookery Activity Center: Paint remaining areas of the Rookery - Two bids were received to paint the walls and ceilings in the gymnasium, Activity Center, Kids Play Area, Offices, and Common Areas as follows: Edina Painting Company $46,950.00 Fresh Paint $48,420.00 Recommend approving a contract with Edina Painting Company in the amount of $46,950.00 Refurbish Waterslide - Staff recommends awarding a contract with Aqua Logic to refurbish the waterslide for $62,700. The work includes:  1.Temporarily remove majority of steel slide tower & spiral stair system for restoration.  2. Rebuild/repair badly corroded components.  3. Media blast components and recoat using either spray applied PPG industrial coating system or power coat.  4. Prepare and recoat columns and other components of the slide tower system remaining on site.  5. Prepare and recoat waterslide exterior surface.  6. Replace all waterslide flange bolts using 316 grade ss hardware.  7. Maintenance of interior surface of waterslide (gelcoat repairs, buffing, waxing, re- caulk all joints).  8. Reinstall all restored components of hardware system.  9. Install new decking and stair treads, (solid HDPE lumber decking) using ss hardware.  10. Reconnect slide supply plumbing.  11. Slide required signage. CITY COUNCIL AGENDA ITEM 1D STAFF ORIGINATOR: Lisa Hogstad-Osterhues, Deputy Clerk MEETING DATE: January 10, 2022 TOPIC: Advisory Board Appointment VOTE REQUIRED: 3/5 INTRODUCTION Each year, the City council appoints or reappoints citizens to serve on council advisory boards/committee. BACKGROUND Interviews were conducted with the following results: Planning & Zoning Board – 3 Seats - 1 Seat is a One Year Term Neil Evenson 3 Year Term Michael Root 3 Year Term Ken Kennedy 1 Year Term Park Board - 3 Seats - 1 Seat is a Two Year Term Pat Huelman 3 Year Term Julie Ann Cutts 3 Year Term David Termont 2 Year Term Economic Development Advisory Committee – 5 Seats Jim Schueller 3 Year Term Don Johnson 3 Year Term Keith Hembre 3 Year Term Steve Marachek 3 Year Term Environmental Board - 2 Re-appointments Lindsay Buchmeier 3 Year Term Jonathan Parsons 3 Year Term RECOMMENDATION Approve advisory board/committee appointments as listed above. CITY COUNCIL AGENDA ITEM 1E STAFF ORIGINATOR: Lisa Hogstad-Osterhues, Deputy Clerk MEETING DATE: January 10, 2022 TOPIC: Consider Resolution No. 22-09, Authorizing the Issuance of a Special Event Permit for the Centerville Lions Annual Ice Fishing Event to include an Exempt Raffle Permit and a Temporary On-Sale Liquor License. VOTE REQUIRED: 3/5 INTRODUCTION Gregory Kieselhorst, President and Chief Executive Officer of the Centerville Lions has scheduled a special event for Saturday, February 19, 2022 on Centerville Lake. The event plans include an ice fishing contest, same day raffle, food and liquor sales. This is an annual event. BACKGROUND Mr. Kieselhorst has submitted to the City an application for a Special Event Permit, LG220 Application for Exempt Gambling Permit and a 1-4 Day Temporary On-Sale Liquor License. He has also submitted general liability insurance for the event, approved Anoka County Sheriff Water/Ice Use Permit, Approved DNR Permit to Conduct a Fishing Tournament, approval to use the Anoka County Regional Park boat landing to access the lake for the event and a temporary food license from the Anoka County Environmental Services. The application has been reviewed and approved by staff and the Public Safety Department. The applicant has been provided with a list of safety conditions. The applicant has agreed to comply with the conditions and to address any other safety considerations that may arise. Background information on the applicant is on file in the Deputy City Clerk’s office. RECOMMENDATION Approve Resolution No. 22-09, Authorizing issuance of a special event permit, Gambling and 1-4 Day Liquor License to the Centerville Lions. CITY OF LINO LAKES RESOLUTION NO. 22-09 AUTHORIZING A SPECIAL EVENT FOR AN OUTDOOR ICE FISHING EVENT HOST BY THE CENTERVILLE LIONS WHEREAS, the President of the Centerville Lions has submitted an application for a Special Event Permit, Exempt Gambling Permit and a 1-4 Day Temporary Liquor License; and WHEREAS, the event is planned for February 19, 2022 from 11:00 a.m. to 2:00 p.m. and includes an ice fishing contest on Centerville Lake, raffle, food and alcohol on the lake; and WHEREAS, as part of the event, the applicant would like to allow consumption of alcoholic beverages to be served in an area designated on the lake; and WHEREAS, the applicant has indicated that they will be servings food and therefore required to obtain a Temporary Food License from the Anoka County Environmental Services; and WHEREAS, the applicant has indicated that all patrons or members attending the event will receive a proper identification check to ensure no underage alcohol service will occur; and WHEREAS, the permit has been approved by the Lino Lakes Public Safety Department with certain conditions and recommendations; and WHEREAS, the applicant has obtained a Water/Ice Use Permit from the Anoka County Sheriff’s office; and WHEREAS, the applicant has obtained a DNR Permit to Conduct a Fishing Tournament; and WHEREAS, proof of general liability and liquor liability insurance has been submitted by the applicant; NOW, THEREFORE, BE IT RESOLVED by The City Council of The City of Lino Lakes hereby approves the request of Gregory Kieselhorst, President of the Centerville Lions, for a special event permit on February 19th, 2022 with the conditions and recommendation by the Public Safety Department. Adopted by the Council of the City of Lino Lakes this 10th day of January, 2022. 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 AGENDA ITEM 1F STAFF ORIGINATOR: Lisa Hogstad-Osterhues, Deputy Clerk MEETING DATE: January 10, 2022 TOPIC Consider Resolution 22-12, Approving On-Sale Wine, Sunday Sales and 3.2 Beer Licenses for Mama Mia Mexican Grill VOTE REQUIRED: 3/5 INTRODUCTION Maureen Johnson of Mama Mia 01 LLC, d/b/a Mama Mia Mexican Grill located at 7997 Lake Drive, Suite 110 is applying for an On-Sale Wine, Sunday Sales and 3.2 Beer liquor licenses. This location has previously held the same licenses by Elwood’s Bar & Restaurant. BACKGROUND The application submitted to the City is complete, the related fees have been paid and insurance information has been provided to the City as required. The Lino Lakes Public Safety Department has conducted a background on the current owner and found no reason to deny. In accordance with the Lino Lakes Code of Ordinances, Section 701 relating to Liquor Licensing, this application requires approval by the City Council. The code also requires that opportunity shall be given to any person to be heard for or against the granting of the license. The council may then, in its discretion, grant or refuse the application. If local approval is granted, the application for an On-Sale Wine and Sunday Sales licenses will be forwarded to the Minnesota Alcohol & Gambling Enforcement Division for review. The State of Minnesota is the licensing authority for wine and Sunday sales licenses; the City is the licensing authority for the 3.2 beer license. The applicant is aware that approval is subject to all the provisions, approvals, conditions and waiting periods of the laws of the city, state and federal government. RECOMMENDATION Staff recommends the approval of the On-Sale Wine, Sunday Sales and 3.2 Beer License for Mama Mia Mexican Grill. ATTACHMENTS Resolution No. 22-12 CITY OF LINO LAKES RESOLUTION NO. 22-12 APPROVING ISSUANCE OF A NEW ON-SALE WINE, SUNDAY AND BEER LICENSES FOR MAMA MIA 01 LLC D/B/A MAMA MIA MEXICAN GRILL WHEREAS, the city has received an application for an on-sale wine, Sunday sales and 3.2 beer license from Maureen Johnson, owner of Mama Mia Mexican Grill, located at 7997 Lake Drive, Suite 110; and WHEREAS, the Public Safety Department has conducted an investigation of the applicants and found no reason to deny; and WHEREAS, the applicant has provided proof of insurance as required and paid the necessary fees; NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Lino Lakes hereby approves a new on-sale wine, Sunday sales and beer license for Mama Mia Mexican Grill. All the fees, provisions and conditions of the laws of the city, state and federal government and the applicant will comply with all said laws. Adopted by the Lino Lakes City Council this 10th day of January, 2022. 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 2A STAFF ORIGINATOR: Hannah Lynch MEETING DATE: January 10, 2022 TOPIC: Consider Resolution No. 22-10, Amending the 2021 General Fund Operating Budget VOTE REQUIRED: 3/5 BACKGROUND Adopted budgets are amended over the course of the year for a variety of reasons. Factors that lead to budget amendments include fiscal decisions made throughout the year, economic conditions, and changes in budget projections. Significant amendments are outlined below. On the revenue side, residential development, primarily Watermark, contributed to increased permit revenue. In addition, the use of committed fund balance for Tower Park contributed to increased use of General Fund reserves. On the expenditure side, vacancies in the police department and a decrease in cross-trained police officers contributed to a decrease in personnel costs. In addition, the use of committed fund balance for Tower Park contributed to increased capital outlay expenditures. Staff has prepared a listing of proposed budget adjustments for conditions that are known today for City Council consideration. The original adopted budget included a use of reserves in the amount of $21,832; the amended budget includes an addition to reserves of $860,695. RECOMMENDATION Staff recommends the approval of Resolution No. 22-10. ATTACHMENTS Resolution No. 22-10 CITY OF LINO LAKES RESOLUTION NO. 22-10 RESOLUTION AMENDING THE 2021 GENERAL OPERATING BUDGET WHEREAS, the City Council has adopted a general operating budget for 2021, and WHEREAS, the City Council has made certain fiscal decisions through the year which have an impact on the general operating budget, and WHEREAS, changes in economic conditions, and changes in budget forecasts have made it necessary for the City Council to reconsider portions of the adopted general operating budget, and WHEREAS, it is good management and accounting practice to amend the general operating budget to reflect such changes. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes, that the general operating budget for 2021 be amended as follows: REVENUES Adopted Amended Adjustment Account Number Description Budget Budget Amount 101-000-3020-000 Delinquent Taxes 35,000.00 95,000.00 60,000.00 101-000-3201-000 Liquor License - Bar 32,000.00 0.00 -32,000.00 101-000-3202-000 Liquor License - Beer 1,000.00 0.00 -1,000.00 101-000-3203-000 Off Sale Liquor License 2,000.00 1,600.00 -400.00 101-000-3204-000 Sunday Liquor License 1,900.00 0.00 -1,900.00 101-000-3205-000 Club Liquor License 300.00 0.00 -300.00 101-000-3213-000 Contractor's License 17,103.00 12,103.00 -5,000.00 101-000-3225-000 Lodging Tax 76,315.00 56,315.00 -20,000.00 101-000-3250-000 Building Permits 445,221.00 695,221.00 250,000.00 101-000-3251-000 Plan Inspection Fee 200,873.00 386,873.00 186,000.00 101-000-3252-000 Erosion Control Permit 24,800.00 42,800.00 18,000.00 101-000-3253-000 Plumbing Permit 27,227.00 51,227.00 24,000.00 101-000-3254-000 Heating & Air Conditioning 58,441.00 91,441.00 33,000.00 101-000-3314-000 TZD Safe Roads Grant 0.00 30,000.00 30,000.00 101-000-3345-000 Municipal State Aid (MSA) 270,000.00 247,000.00 -23,000.00 101-000-3346-000 Police State Aid 255,000.00 246,000.00 -9,000.00 101-000-3348-000 Other State Revenue 10,000.00 0.00 -10,000.00 101-000-3349-000 Fire State Aid 14,000.00 34,000.00 20,000.00 101-000-3360-000 Solid Waste (Anoka County) 78,523.00 61,523.00 -17,000.00 101-000-3265-000 Land Use Administration Fee 7,333.00 15,333.00 8,000.00 101-000-3405-000 Assessment Searches 3,500.00 11,500.00 8,000.00 101-000-3417-000 Aerial Map Fee 12,000.00 22,000.00 10,000.00 101-000-3422-000 Police Other Revenues 190,000.00 160,000.00 -30,000.00 101-000-3433-000 Public Works Fees 7,500.00 2,000.00 -5,500.00 101-000-3492-000 Engineering/Planning Fees 29,076.00 34,076.00 5,000.00 101-000-3510-000 Fines & Forfeits 105,500.00 73,500.00 -32,000.00 101-000-3620-000 Interest On Investments 30,000.00 0.00 -30,000.00 101-000-3730-000 Refunds & Reimbursements 35,000.00 60,000.00 25,000.00 101-000-3900-000 General Fund Reserves 21,832.00 375,000.00 353,168.00 813,068.00$ EXPENDITURES Adopted Amended Adjustment Account Number Description Budget Budget Amount 101-401-4300-000 Professional Services 4,000.00 0.00 -4,000.00 101-401-4330-000 Travel/Tuition-Mayor/Council 1,500.00 0.00 -1,500.00 101-401-4343-000 Newsletter - Mayor/Council 13,000.00 21,000.00 8,000.00 101-402-41xx-000 Personal Services-Admin 506,436.00 519,936.00 13,500.00 101-402-4300-000 Professional Services-Admin 15,000.00 9,000.00 -6,000.00 101-402-4310-000 Other Consultant-Admin 9,000.00 3,000.00 -6,000.00 101-402-4330-000 Travel/Tuition-Admin 8,500.00 4,500.00 -4,000.00 101-403-4410-000 Contracted Services-Elections 6,500.00 4,500.00 -2,000.00 101-404-4410-000 Contracted Services-Cable 2,658.00 0.00 -2,658.00 101-405-4300-999 Professional Services-Charter 6,462.00 0.00 -6,462.00 101-407-4310-000 Other Consultant-Finance 231,859.00 236,859.00 5,000.00 101-407-4330-000 Travel/Tuition-Finance 6,000.00 2,000.00 -4,000.00 101-407-4410-000 Contracted Services-Finance 109,000.00 91,000.00 -18,000.00 101-414-4301-000 Consultants Municipal Atto 30,000.00 20,000.00 -10,000.00 101-415-41xx-000 Personal Services-Econ Dev 21,219.00 27,419.00 6,200.00 101-415-4300-000 Professional Services-Econ Dev 13,440.00 35,440.00 22,000.00 101-415-4900-000 Marketing 72,500.00 53,500.00 -19,000.00 101-416-4410-000 Contracted Services-P&Z 37,300.00 12,300.00 -25,000.00 101-420-41xx-000 Personal Services-Police 4,099,945.00 3,819,945.00 -280,000.00 101-421-41xx-000 Personal Services-Fire 535,860.00 432,860.00 -103,000.00 101-421-4370-000 Uniforms-Fire 49,000.00 33,196.00 -15,804.00 101-421-4410-000 Contracted Services-Fire 43,485.00 33,485.00 -10,000.00 101-422-41xx-000 Personal Services-Bldg 359,765.00 350,605.00 -9,160.00 101-422-4410-000 Contracted Services-Bldg 3,000.00 41,550.00 38,550.00 101-430-41xx-000 Personal Services-Streets 626,152.00 613,152.00 -13,000.00 101-430-4211-000 Maintenance Supplies-Streets 23,000.00 11,000.00 -12,000.00 101-430-4228-000 Salt/Sand 55,000.00 67,000.00 12,000.00 101-430-4229-000 Gravel/Misc 7,000.00 500.00 -6,500.00 101-430-4385-000 Street Lights-Streets 93,000.00 78,000.00 -15,000.00 101-430-4410-000 Contracted Services-Streets 99,000.00 114,500.00 15,500.00 101-431-41xx-000 Personal Services-Fleet 218,294.00 215,294.00 -3,000.00 101-431-4211-000 Maintenance Supplies-Fleet 1,000.00 5,000.00 4,000.00 101-431-4221-000 Shop Parts 65,000.00 60,000.00 -5,000.00 101-431-4410-000 Contracted Services-Fleet 61,000.00 51,000.00 -10,000.00 101-431-4452-000 Subscriptions/Dues-Fleet 6,000.00 1,500.00 -4,500.00 101-432-4381-000 Electricity-Gov't Bldgs 96,500.00 111,500.00 15,000.00 101-432-4382-000 Utilities 21,000.00 15,000.00 -6,000.00 101-432-4410-000 Contracted Services-Govt Bldg 71,000.00 98,000.00 27,000.00 101-432-5000-000 Capital Outlay Gov't Bldgs 0.00 6,000.00 6,000.00 101-450-41xx-000 Personal Services-Parks 497,044.00 482,544.00 -14,500.00 101-450-4211-000 Maintenance Supplies-Parks 42,000.00 34,000.00 -8,000.00 101-450-4300-000 Professional Services-Parks 7,000.00 15,000.00 8,000.00 101-450-4382-000 Utilities 25,000.00 42,000.00 17,000.00 101-450-4410-000 Contracted Services-Parks 97,000.00 129,000.00 32,000.00 101-450-5000-000 Capital Outlay Parks 0.00 375,000.00 375,000.00 101-451-4300-000 Professional Services-Rec 0.00 34,745.00 34,745.00 101-461-41xx-000 Personal Services-Environmental 51,811.00 43,811.00 -8,000.00 101-462-41xx-000 Personal Services-So. Waste 47,503.00 41,003.00 -6,500.00 101-462-4340-000 Advertising-Solid Waste 7,000.00 2,500.00 -4,500.00 101-462-4410-000 Contracted Services-So. Waste 22,700.00 16,700.00 -6,000.00 101-463-4410-000 Contracted Services-Forestry 30,000.00 37,000.00 7,000.00 101-499-4905-000 Contingency 70,038.00 0.00 -70,038.00 101-499-4910-000 Operating Transfers 926,113.00 951,113.00 25,000.00 (47,627.00)$ Adopted by the Council of the City of Lino Lakes this 10th day of January, 2022. 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: Meg Sawyer, Human Resources and Communications Manager MEETING DATE: January 10, 2022 TOPIC: Consider Appointment of Paid On Call Firefighter VOTE REQUIRED: 3/5 INTRODUCTION The Council is being asked to approve the appointment of Brian Kisch for a Paid On-Call Firefighter position at Fire Station #1. BACKGROUND Currently, the City has 9 firefighters at Fire Station 1 and 11 firefighters at Fire Station 2. A total count of 20 firefighters per station is considered fully staffed. At this time, staff has gone through a recruitment process, provided a conditional offer, and is recommending the approval of Brian Kisch for a Paid On-Call Firefighter position. The hourly rate of pay would be at the starting rate of $15.00 an hour. Upon completion of 5 years of service Kisch will be eligible for a rate increase. With the Council’s approval, Kisch would start in the position of Paid On-Call Firefighter on January 16, 2022. RECOMMENDATION Approve the appointment of Brian Kisch for a Paid On-Call Firefighter position. CITY COUNCIL   AGENDA ITEM 3B     STAFF ORIGINATOR: Sarah Cotton, City Administrator MEETING DATE: January 10, 2022     TOPIC: Annual Appointments     VOTE REQUIRED: 3/5       INTRODUCTION     Below is the list of annual appointments the City Council considers each year. The appointments were reviewed at the council work session on January 3rd.     RECOMMENDATION   Approve 2022 appointments as listed below.   2021 2022 1. Acting Mayor Dale Stoesz Dale Stoesz 2. Legal Newspaper Quad Community Press Quad Community Press 3. Legal Services Barna, Guzy & Steffen Kennedy & Graven Rupp, Anderson, Squires, & Waldspurger Geck, Duea & Olson Barna, Guzy & Steffen Kennedy & Graven Rupp, Anderson, Squires, & Waldspurger Geck, Duea & Olson 4. Labor Services Barna, Guzy & Steffen Riley, Dettman & Kelsy BakerTilly Barna, Guzy & Steffen Riley, Dettman & Kelsy BakerTilly 5. Fiscal Agent BakerTilly BakerTilly 6. Assessor Anoka County Anoka County 7. North Metro Telecommunications Committee Dale Stoesz Tony Cavegn (Alternate) Dale Stoesz Tony Cavegn (Alternate) 8. Vadnais Lake Watershed District Rob Rafferty Rob Rafferty 9. County Corrections Program Chris Lyden John Swenson Chris Lyden John Swenson 10. Joint Law Enforcement Council Tony Cavegn John Swenson Tony Cavegn John Swenson 11. Anoka Co. Fire Protection Council Mike Ruhland Rob Rafferty (Alternate) Mike Ruhland Rob Rafferty (Alternate) 12. City Depositories First Resource Bank LMC 4M Fund Wells Fargo Securities Wells Fargo Advisors US Bank RBC Capital Markets Moreton Capital Markets F&M Bank Others as needed First Resource Bank LMC 4M Fund PMA Financial Network PMA Securities Moreton Capital Markets US Bank 13. City Treasurer1 Hannah Lynch Hannah Lynch 14. City Engineer WSB & Associates WSB & Associates 15. Data Practices Officer Julie Bartell Julie Bartell 16. City Auditor Redpath & Company Redpath & Company 17. Twin Cities Gateway Sarah Cotton Dale Stoesz (Alternate) Sarah Cotton Dale Stoesz (Alternate) 18. Anoka Co./Blaine Airport Advisory Council Dean Quimby Dean Quimby 19. Hearing Officer John Swenson Rick DeGardner (Alternate) John Swenson Rick DeGardner (Alternate) 20. Local Board of Appeal & Equalization Training Mike Ruhland Rob Rafferty Mike Ruhland Rob Rafferty 21. Secretarial Services TimeSaver, Inc. TimeSaver, Inc.     1The City Council delegates the authority to make electronic funds transfers to the City Treasurer. The City Treasurer may delegate certain duties to finance staff, but shall remain responsible for the transfer program.   CITY COUNCIL AGENDA ITEM 3C STAFF ORIGINATOR: Meg Sawyer, Human Resources and Communications Manager MEETING DATE: January 10, 2022 TOPIC: Consider Appointment of Activity Center Manager VOTE REQUIRED: 3/5 INTRODUCTION The Council is being asked to approve the appointment of Lisa Hanson Lamey to the newly created Activity Center Manager position for the Rookery Activity Center. BACKGROUND At this time staff has completed the recruitment process, provided a conditional offer contingent upon a complete background check, and is recommending the approval of Lisa Hanson Lamey for the position. Hanson Lamey holds a Master’s degree in Health, Leisure, Exercise Sport Science from the University of West Florida. Hanson Lamey has 20 years of experience in recreation facilities operations and programming, with her last two years working as the Director of Operations for Ramsey County Arenas and Golf Courses. The hourly rate of pay would be $42.42, which is step 5 of the current 9 step wage schedule. With the Council’s approval, Hanson Lamey would start in the position of Activity Center Manager on Monday, January 31, 2022. RECOMMENDATION Please approve the appointment of Lisa Hanson Lamey for the Activity Center Manager position. CITY COUNCIL 4A AGENDA ITEM STAFF ORIGINATOR: John Swenson, Public Safety Director MEETING DATE: January 10, 2022 TOPIC: Acceptance Monetary Donation for Fire Division VOTE REQUIRED: 3/5 INTRODUCTION The Lino Lakes Public Safety Department is requesting council approval to accept a monetary donation from a resident that wishes to remain anonymous. BACKGROUND A resident, who wishes to remain anonymous, of our community has come forward with a monetary donation of $100,000.00 for the Fire Division to purchase equipment. This resident received public safety services in 2021 and has communicated to staff they are extremely appreciative. If Council approves acceptance of this donation, the funds would be used to purchase a wildland fire suppression utility vehicle (UTV) with a trailer. The UTV will be a Polaris Ranger 1000 (4 door) outfitted with 75 gallon water tank, 5 gallon foam tank, fire suppression pump, and emergency equipment. With the purchase of this UTV wildland fire suppression asset, Grass 11 (Vehicle # 605; 1993 GMC S-10) would be sold and proceeds deposited into the Fleet Capital Replacement. The UTV wildland fire suppression unit would be positioned at Fire Station 1 and when deployed would be pulled by R11 (Vehicle # 607). Item Vendor Cost UTV Lakes Area Power Sports Polaris Ranger $27,000.00 Tracks Lakes Area Power Sports Dura Tracks/ Clutch $15,949.00 Pump/ Tank MacQueen $26,000.00 Emergency Lights MacQueen $6,500.00 Radio Anoka Co $5,700.00 Rear Winch Polaris $1,200.00 Head Sets MacQueen $5,000.00 Graphics Advanced Graphix $600.00 Chain Saw LTG Power $400.00 Trailer Lakes Area Power Sports Floe Versa MAX $6,200.00 Contingence $5,451.00 Total $100,000.00 The purchase of the proposed wildland fire suppress UTV would address an identified need for wildland fire suppression while addressing the need to replace G11. The proposed UTV would improve the Fire Division ability to address wildland fires by increasing the volume of water available, adding the ability to use fire suppressing foam, increase the number of firefighters that can be deployed from two to four, and enhances firefighter safety in the field. Staff is including contingency funds in the proposal to offset cost overages such as. Staff has been informed by two of vendors that supplied pricing for this proposal, that cost have been impacted by supply and demand issues leading to fluctuating pricing based on when orders are placed. If pricing comes in more favorably and there are funds remaining from this donation those funds will be utilized to purchase other fire equipment needs in a manner consistent with the donors’ wishes. RECOMMENDATION Staff recommends Council accept a monetary donation in the amount of $100,000 from an anonymous Lino Lakes resident for the purchase of fire suppression equipment. ATTACHMENTS Photos of Polaris UTV CITY COUNCIL AGENDA ITEM 5A STAFF ORIGINATOR: Diane Hankee, PE City Engineer C. C. MEETING DATE: January 10, 2022 TOPIC: Consider Resolution 22-11, Order Project, Approve the Plans and Specifications and Authorize the Ad for Bid, Water Tower No. 2 Reconditioning Project VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting Council approval to authorize the ad for bid for the Water Tower No. 2 Reconditioning Project. BACKGROUND On October 25, 2021, the City Council approved the preparation of the plans and specifications for the Water Tower No. 2 Reconditioning Project located at 7001 Otter Lake Road. This tower was constructed in 1996. The water tower inspection report identified several structural and coating issues that need to be addressed. In addition, the exterior and interior dry coatings are over 24 years old and have surpassed their life expectancy. Coatings on water towers are typically replaced every 20 years, or more frequently to protect the underlying steel surfaces from corrosion. This is a 14-16 week project commencing with the coordination of all wireless carrier antennae being removed from the water tower and relocated to a temporary structure. The tower is then curtained off, sand blasted, repairs made as needed, then re-coated inside and out. We are hoping that this project will be completed by early summer to avoid any disruption to our water supply. The estimated construction cost is $1,536,000. Funding for the project is through the Water Operating Fund. The schedule for this project is as follows: Authorize Preparation of Plans and Specifications October 25, 2021 Order Improvement, Approve Plans and Specs, Authorize Ad for Bids January 10, 2022 City Opens Bids February 8, 2022 City Council Awards Contract February 14, 2022 Construction Begins May, 2022 RECOMMENDATION Staff is recommending approval of Resolution No. 22-11, Order Project, Approve the Plans and Specifications and Authorize the Ad for Bid for the Water Tower No. 2 Reconditioning Project. ATTACHMENTS 1. Resolution No. 22-11 CITY OF LINO LAKES RESOLUTION NO. 22-11 RESOLUTION ORDER PROJECT, APPROVE PLANS AND SPECIFICATIONS, AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR WATER TOWER NO. 2 RECONDITIONING PROJECT WHEREAS, the City Engineer has prepared plans and specifications for the Water Tower No. 2 Reconditioning Project. Project plans and specifications have been presented to the City Council for approval; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in Finance and Commerce an advertisement for bids for the making of such improvement under such approved plans and specifications. The advertisement shall be published for two weeks, shall specify the work to be done, shall state that bids will be received by the Clerk, at which time they will be publicly opened at the City Hall by the City Clerk and Engineer, will then be tabulated, and will be considered by the Council at 6:30 p.m. on February 14th, 2022, in the Council chambers of the City Hall. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier’s check, bid bond or certified check payable to the Clerk for five (5) percent of the amount of such bid. Adopted by the Council of the City of Lino Lakes this 10th day of January 2022. 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: January 10, 2022 TOPIC: Belland Farms and Associate Eye Care Partners (AECP) i. Consider Resolution No. 22-03 Approving Final Plat ii. Consider Resolution No. 22-04 Approving Development Agreement iii. Consider Resolution No. 22-05 Approving Site Performance Agreement VOTE REQUIRED: 3/5 REVIEW DEADLINE: Complete Application Date: November 10, 2021 60-Day Review Deadline: January 11, 2022 Environmental Board Meeting: N/A Park Board Meeting: N/A Planning & Zoning Board Meeting: December 8, 2021 City Council Work Session: N/A City Council Meeting: January 10, 2022 BACKGROUND The applicant, Rehbein Properties, submitted a land use application for the final plat of Belland Farms. The plat creates 2 commercial lots. Lot 1 is 1.76 acres for the purpose of constructing a 12,230 sf medical eye clinic. Lot 2 will be a future commercial development and a formal site plan will be reviewed at a later date. The name of the final plat is Belland Farms. The name of the medical eye clinic is Associate Eye Care Partners (AECP). This staff report is based on the following information: • Belland Farm Civil Plan Set prepared by Carson McCain revision date November 8, 2021 • Associate Eye Care Partners Eye Clinic Building Site Improvement Plans prepared by Carlson McCain revision date November 8, 2021 • Belland Farms Civil and Street Construction Plans prepared by Carlson McCain dated November 8, 2021 2 • Architectural Plans and Perspectives prepared by SRa revision date November 15, 2021 • Storm Water Management Plan prepared by Carlson McCain revision date November 8, 2021 • Final Plat prepared by EG Rud & Sons dated November 8, 2021 Revised plans were submitted on December 17, 2021 and are currently under review. Previous Council approvals: • November 8, 2021: Resolution No. 21-115 Approving Preliminary Plat This staff report provides a comparison of the approved preliminary plat and the proposed final plat. Changes in the plans are either narratively described or shown as strikethrough (deletions) or underline (additions). Overall, the final plat is consistent with the preliminary plat. ANALYSIS Existing Site Conditions The 18 acre site is located in the northwest quadrant of CSAH 14 (Main Street) and 24th Avenue. 24th Avenue/Elmcrest Avenue is the municipal boundary between the City of Lino Lakes and the City of Hugo. The site is currently vacant commercial land with cropland, a small wooded area and wetlands. A 66 ft wide Minnesota Pipeline Easement bisects the site. Elevations range from 920EL in the south east portion of site down to 912EL at wetland in northwest corner of site. The soils are clayey sand and sandy lean clay. Hydrologic soil group is C. Groundwater elevations range from 908 to 912EL. Zoning and Land Use The parcel is zoned GB, General Business and allows for office business-clinical as a permitted use. The parcel is guided commercial per the City’s 2040 Comprehensive Plan. Current Zoning GB, General Business Existing Land Use Agricultural Future Land Use per 2040 Comp Plan Commercial Utility Staging Area 1A=2018-2025 Surrounding Zoning and Land Use Direction Zoning Existing Land Use Future Land Use North R-BR, Rural Business Reserve Agricultural Commercial South LI, Light Industrial Industrial Industrial 3 East PUD (City of Hugo) Commercial Commercial West GB, General Business Vacant Commercial Commercial Subdivision Ordinance Conformity with the Comprehensive Plan and Zoning Code The preliminary plat, final plat and commercial development are consistent with the Comprehensive Plan in regards to the resource management system, land use plan, housing plan, transportation plan and sanitary sewer and water supply plan. The commercial development is also in compliance with zoning code requirements for GB, General Business and performance standards as detailed below. Blocks and Lots The revised preliminary plat contains Lots 1-2 1-3, Block 1 and Outlots A-B, Belland Farms. Lot 3 was added as a condition of preliminary plat approval. Parcel Acres Purpose Lot 1, Block 1 1.76 acres Medical Eye Clinic Lot 2, Block 1 1.99 1.97 acres Potential Future Daycare Lot 3, Block 1 1.38 acres Future Development Outlot A 0.46 0.45 acres Stormwater Pond Outlot B 12.83 11.15 acres Future development TOTAL 17.04 16.71 acres Since there is no underlying preliminary plat and development plans for Outlot B, the outlot will need to be preliminary and final platted in the future. This will be similar to the development of Main Street Shoppes and Otter Crossing to the west. Outlot A contains a publicly maintained stormwater pond and it shall be deeded to the City after it has been installed, established and approved by the City. Streets and Alleys Rosemary Way is a public street aligning with Rosemary Way in the City of Hugo and extends from 24th Avenue west across the north lot lines of Lots 1-2, Block 1. The public street is proposed at 32 ft wide paved back to back with 60 66ft of street right-of-way. Additional street right-of-way may be needed has been added in order to accommodate a southbound right turn lane and thru and left turn lanes and sidewalk. 4 Street right-of-way 33.5 ft in width is being dedicated along 24th Avenue creating a full 66ft of right-of-way. No additional street right-of-way is required along 24th Avenue. Staff notes Rosemary Way will eventually extend west and connect to Otter Lake Road to serve future development in both Belland Farms and Main Street Shoppes. This connection will create an important “backage road” from the City of Hugo and parallel to CSAH 14/Main Street to support transportation in the area. CSAH 14/Main Street is an A-Minor Connector road and has limited access points throughout the corridor. Southbound 24th Avenue access onto CSAH 14/Main Street is right in/right out. This future street connection is also supported by Lino Lake Public Safety in order to provide faster and more direct emergency response from CSAH 14 and Otter Lake Road. This future street connection is further supported by the following City Code Sections: § 1001.096 LAND REQUIREMENTS. (2) Proposed subdivisions shall be coordinated with surrounding properties and/or neighborhoods so that the city as a whole may develop efficiently and harmoniously. § 1001.100 STREETS AND ALLEYS. (3) Streets, continuous. Except for cul-de-sacs, streets shall connect with streets already dedicated in adjoining or adjacent subdivisions or provide for future connections to adjoining unsubdivided tracts, or shall be a reasonable projection of streets in the nearest subdivided tracts. The arrangement of thoroughfares and collector streets shall be considered in their relation to the reasonable circulation of traffic, to topographic conditions, to runoff of storm water, to public convenience and safety, and in their appropriate relation to the proposed uses of the area to be served. Easements Standard drainage and utility easements at least 10 feet wide have been provided over the lots lines and over Outlot A. An oversized 30 ft wide drainage & utility easement is provided along the east lot line of Lot 1 for drainage to the stormwater pond. Several separate easement documents have been recorded along CSAH 14 (Main St). These easements are for trail, drainage & utility purposes. A separate trail easement with exhibit shall be recorded for the new trail along 24th Avenue. Staff Comment: 1. Standard drainage & utility easements a minimum of 10 ft wide shall be shown on the preliminary plat and provided on the final plat over Wetlands 1 and 2. 2. A drainage and utility easement shall be provided over the municipal sanitary sewer and watermain extending to the west lot line on the final plat. Public Land Dedication 5 The City will collect a cash fee of $9,450 $9,399.60 in lieu of land dedication for commercial development for final platted Lots 1 and 2, Block 1, Belland Farms. A trail shall be constructed along the west side of 24th Avenue between Rosemary Way and CSAH 14/Main Street. The City will reimburse the developer for the trail construction costs. The trail shall be installed by the developer and maintained by the City. Belland Farms 3.75 3.73acres x $2,520 per acre = $9,399.60a a Trail construction costs will be reimbursed to the developer. Site and Building Plan Review Site Plan This site and building plan review is only for Lot 1, Block 1, Belland Farms and the proposed 12,230 sf medical eye clinic. Lot 2 indicates a future daycare and site plan review will occur at a future date upon the submission of a separate land use application. Lot 3 will also require a separate land use application for future site and building plan review. The building is located in the southeast corner of the site with parking lot and stormwater pond in the rear yard. Sidewalk extends around the building south to CSAH 14/Main Street. Staff has completed a full site and building plan review of the project. Overall, the proposed site plan and building meets ordinance and performance standard requirements unless otherwise noted. Staff Comments: 1. A 5 ft wide concrete sidewalk shall be constructed along the south side of Rosemary Way. a. This has been provided. 2. Future development to the north of Rosemary Way will require sidewalk construction on the north side of the street. 3. An 8.5 ft wide bituminous trail shall be constructed along the west side of 24th Avenue from Rosemary Way to CSAH 14/Main Street. a. This has been provided. 4. The sidewalk north of the building on Lot 1 shall extend east and connect with the new trail. a. Unfortunately, the grade from the sidewalk to the trail will not accommodate an ADA compliant connection. Lot Size and Setbacks The front lot line is along CSAH 14 (Main Street). The rear lot line is along Rosemary Way. This is consistent with Main Street Shoppes and Otter Crossing developments to the west. 6 GB Requirements Lot 1 Lot 2a Lot 3a Min. Lot Size 20,000 sf 76,808 76,538sf 86,899 86,027sf 60,164sf Min Lot Width 100 ft 245 ft 229 ft 170 ft Setbacks-Street Required Proposed Proposed Proposed Principal Building-CSAH 14 (arterial) 40 ft 67 ft 95 ft Future Principal Building-24th Ave (local) 30 ft 30 ft NA Future Parking Lot 15 ft 28 and 31 ft NA Future Setbacks-Side Yard Required Proposed Proposed Proposed Principal Building 10 ft 95 ft 20 & 75 ft Future Accessory Building 10 ft NA 16 & 192 ft Future Parking Lot/Driveway 10 ft 20 ft 15 & 35ft Future Setbacks-Rear Yard (Rosemary Way) Required Proposed Proposed Future Principal Building 30 ft 88 ft 200 ft Future Accessory Building (trash enclosure) 5 ft 120 ft 175 ft Future Parking Lot/Driveway 10 ft 20 ft 74 ft Future aA Land Use Application for full Site Plan Review of Lot 2 and Lot 3 will be required upon development of that site. Architectural Plans and Exterior Building Materials The medical eye clinic building is single story with exterior materials consisting of brick, glass and fiber cement panel. The color palette consists of earth tone dark gray, brown, light tan brick, light gray fiber cement panel and dark bronze flashing. The materials and percentages are compliant with performance standards. The building height is 18’ 0” which is less than that maximum 45 ft allowed. A trash enclosure is proposed on the north side of the building. Construction details provided on Sheet A200 indicate dark ironspot brick and champagne brick to match the main building. 7 The gate is a dark composite wood swing gate that has 100% opacity. The enclosure is 8’ 0” in height. The trash enclosure meets performance standards. Per Sheet A300, the mechanical equipment is located on the rooftop and screened by a mechanical screen. The building will be sprinkled for fire suppression. 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 M, Site Photometric Plan indicates light sources exceeding these limits and shall be revised. Light fixtures on the 27 ft 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 Per City Code Section 1007.044(6), medical clinics require 3 spaces plus at least 1 space per 200 sf of floor area. The 12,480 sf medical eye clinic would require 62 parking stalls. The site plan provides 74 parking stalls so this requirement is met. The site plan shows 12 11 additional future parking stalls west of Outlot A. These stalls are not needed to meet City requirements. Grading Plan and Stormwater Management Per the Stormwater Management Plan prepared by Carlson McCain dated September 13, 2021, all stormwater from the site currently either drains to a culvert located in the southeast corner of the site or to the north to the wetland located in the northwest corner of the site. The wetland located in the southwest corner of the site overflows to the culvert located in the southeast corner of the site. The proposed drainage boundary will contain approximately 2.723 2.942 acres of impervious surface, which includes the public street, Lot 1 and Lot 2 for a net increase of 2.420 2.639 acres. One wet sedimentation basin will be constructed in Outlot A to provide water quality and rate control for the site. Due to onsite soils consisting primarily of clay type soils, infiltration is not feasible at this site. All stormwater that doesn’t flow to the basin will ultimately flow to the culvert located in the southeast corner of the site. The proposed stormwater management facility has been reviewed by the City Engineer and RCWD and is compliant for rate control, water quality and volume control. Public Utilities 8 The medical eye clinic and future commercial development will be municipally served by a 27” PVC sanitary sewer located along 24th Avenue and an 8 27” PVC sanitary sewer along Rosemary Way. The subject site is located in Utility Staging Area 1A (2018-2025) and Sanitary District 5 (Sub- District 5A). Sanitary flows from this district are conveyed to the southeast, discharging into the MCES Lino Lakes Relief Interceptor located at the intersection of CSAH 14 and 24th Avenue. It should be noted that current development east of I-35E and north of CSAH 14/Main Street in Otter Crossing and Main Street Shoppes is being served by Sanitary Sewer District 3 and the sanitary sewer main located in Otter Lake Road in order to help facilitate and expedite development. Future land development within Sanitary District 5 shall be evaluated for capacity and flow to either District 3 or District 5. The development will be municipally served by an 8 12” DIP watermain located along 24th Avenue and Rosemary Way. Tree Preservation and Mitigation Standards The Environmental Coordinator revised the tree preservation, mitigation and landscaping section of the September 29, 2021 Environmental Board staff report as follows: Sheet TP1, Tree Preservation Plan calls for removal of 46 trees, most of which are in the southern portion of lot 2. Twenty-six (26) removals are in Basic Use Areas, non- Environmentally Sensitive Areas (ESA). These will not require mitigation. There are 20 trees being removed that are not located in Basic Use Areas or Environmentally Sensitive Areas. These trees will require mitigation of 27 trees. However, undesirable species do not have to be mitigated for. Removals of a 22” and 8” ash will not require mitigation trees to be planted. The total number of replacement trees required is 24. 30 mitigation trees have been provided. Tree preservation and mitigation standards have been met. 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 2,000 sf. 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 31,252 sf of open space calls for 16 large trees and 47 large shrubs. 9 30,544 sq. ft. of open space calls for 16 large trees and 46 large shrubs. 31 large tree or large tree equivalents and have been provided. 35 large shrub or large shrub equivalents have been provided. Note that 30 medium shrubs have been provided and that a change of species for these 30 shrubs to a larger species (>6ft. height) would meet requirements. The plan has 22 large tree or large tree equivalents near open space that would meet open space standards. The shrubs on site are associated with foundation and buffer and screen standards. The 13 large shrubs associated with the accent for the entrance sign should count towards open space standards. There will be 34 more shrubs required that should be planted in open space. Specifically, these shrubs should be placed around the stormwater basin, along the turf area on the building’s east perimeter, or the stormwater runoff area in the south of the building. 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. Buffers and screens around the parking lot meet the requirements. The south edge of the parking lot has a single row of Autumn Magic Black Chokeberry. This should be a triangulated double row as the rest of the south parking lot perimeter has. 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: 27,227 sq. ft. 33,514 sq. ft. Canopy cover requirement: 10,891 sq. ft. 13,406 sq. ft. Canopy cover provided: 9,350 sq. ft. 12,400 sq. ft. Canopy cover requirements have not been met. The 3 large trees near the future parking lot just west of the stormwater basin would add 1,800 sq. ft. of canopy cover if they were moved closer to the parking lot access road. Alternatively, if the future parking lot stalls were added, the vehicular hardscape and canopy cover totals must be recalculated. 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. 10 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 For 480 340 linear feet of applicable foundation, 10 7 large trees and 29 21 large shrubs (or acceptable substitutes) are required for the north, east, and south building faces. The plans indicate 4 large trees, 11 medium trees, 8 large shrubs and 116 medium shrubs. 3 large trees, 10 medium trees, 22 large shrubs, and 106 medium shrubs. These substitutions are equivalent to 11 9 large trees and 85 92 large shrubs. The foundation landscape requirements have been met. 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. The area around the stormwater basin will be seeded with MN DOT 34-271 wet meadow seed mix, with 35-241 mesic prairie seed mix at higher elevations extending south along the eastern perimeter. Sod is proposed for the rest of the site. A native seed mix should be used for the low runoff area in the southeast corner of the site in lieu of sod. Native seed mix has been added to this area. Boulevard Trees Boulevard trees are not required for commercial developments. Signage A monument sign pad is shown on the northwest corner of Lot 1. A separate Sign Permit Application with detailed sign information is required for any on site or building signage. Impervious Surface Coverage The allowed impervious surface coverage per lot in the GB, General Business District is 75%. Lot 1 has 59 62% impervious surface. Lot 2 has 52% impervious surface. The proposed post- development impervious surface coverages are compliant. Traffic Study A formal traffic study is not required for the 2 lot commercial subdivision. The updated 2020 I-35E Corridor AUAR analyzed traffic impacts for commercial development along this entire corridor. The proposed medical and commercial building are consistent with AUAR Land Use 11 Scenarios #1 and #2 for commercial development. CSAH 14 (Main Street) is an A Minor Collector road and has capacity to handle the commercial traffic. Future development of Outlot B may require a traffic study to evaluate impacts to 24th Avenue, Rosemary Way, CSAH 14/Main Street and Otter Lake Road. 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 Belland Farms project is consistent with commercial development. No further environmental assessment is required. Wetlands Per the Wetland Permit Application prepared by Kjolhaug Environmental Services prepared on September 13, 2021, a WCA Notice of Decision for wetland delineation was issued by RCWD on September 7, 2021. Five (5) wetlands were delineated on site. Wetland Acres 1 2.47 2 0.56 3 0.74 4 0.08 5 0.05 Total 3.9 Per the RCWD CAPROC dated 11/2/2021, the 2 lot commercial subdivision requires 0.7381 0.7928 acres of permanent wetland impacts to Wetland 3 and Wetland 5. Wetland impacts will be mitigated via the purchase of wetland bank credits from the City of Blaine Wetland Bank #1664. The wetlands are not within the Wetland Management Corridor (WMC) so WMC wetland buffers are not required. Staff Comments: 1. Standard drainage & utility easements a minimum of 10 ft wide shall be shown on the preliminary plat and provided on the final plat over Wetlands 1 and 2. 2. Wetlands 2, 4 and 5 are anticipated to be impacted and mitigated with future development and do not require easements at this time. 12 Shoreland District The development is not located in the Shoreland District. Floodplain There is no FEMA floodplain on site. Additional City and Government Agency Review Comments Anoka County Highway Department Anoka County Highway Department reviewed the final plat and has no concerns with the plat as proposed. City of Hugo Comments The City of Hugo provided a comment letter on October 4, 2021. They recommend a development and construction phasing plan, transportation corridor study, and Elmcrest Avenue/24th Avenue and Rosemary Avenue improvements. Future development of Outlot B, Belland Farms will require a thorough analysis of transportation corridors and necessary road improvements with input from Anoka and Ramsey Counties and the City of Hugo. Lino Lakes Public Safety Comments Deputy Director-Fire Division L’Allier notes concerns regarding access to the Belland Farms development for emergency responders if Rosemary Way is not connected to Otter Lake Road sometime in the future. Deputy Director-Police Division Leibel also notes concerns for emergency responders and large apparatus vehicles that need to do a U-turn at Victor Hugo Boulevard to access the development. Rosemary Way connection to Otter Lake Road is supported. Future development of Main Street Shoppes and Belland Farms will require Rosemary Way to connect to Otter Lake Road. Environmental Board The Environmental Board reviewed the development proposal at their September 29, 2021 meeting and noted some with minor revisions such as additional inlet protection, additional canopy cover and landscaping are needed. City Attorney The City Attorney reviewed the title commitment and final plat and notes the final plat and development agreement shall be recorded prior to any conveyances by Rehbein Properties to a third party. 13 Agreements 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. Development Agreement A Development Agreement will be drafted by the City as it relates to the Belland Farms final plat. Site Improvement Performance Agreement A Site Improvement Performance Agreement will be drafted by the City as is relates to the Associate Eye Care Partners facility. Comprehensive Plan The preliminary and final plat are consistent with the Comprehensive Plan is regards to resource management system, land use plan, housing plan, transportation plan and sanitary sewer and water supply plan. Findings of Fact The Findings of Fact for Belland Farms Final Plat are detailed in Resolution No. 22-03. RECOMMENDATION Staff recommends approval of the final plat. The Planning & Zoning Board reviewed the Belland Farms Final Plat on December 8, 2021 and recommended approval with a 6-0 vote. ATTACHMENTS 1. Resolution No. 22-03 2. Final Plat 3. Resolution No. 22-04 4. Development Agreement 5. Resolution No. 22-05 6. Site Performance Agreement 1 CITY OF LINO LAKES RESOLUTION NO. 22-03 RESOLUTION APPROVING THE BELLAND FARMS FINAL PLAT WHEREAS, the City received a land use application for the Belland Farms 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: • Belland Farm Civil Plan Set prepared by Carson McCain revision date November 8, 2021 • Associate Eye Care Partners Eye Clinic Building Site Improvement Plans prepared by Carlson McCain revision date November 8, 2021 • Belland Farms Civil and Street Construction Plans prepared by Carlson McCain dated November 8, 2021 • Architectural Plans and Perspectives prepared by SRa revision date November 15, 2021 • Storm Water Management Plan prepared by Carlson McCain revision date November 8, 2021 • Final Plat prepared by EG Rud & Sons dated November 8, 2021; and WHEREAS, the City Council the approved the Preliminary Plat with Resolution No. 21- 115 on November 8, 2021; and WHEREAS, the Planning & Zoning Board reviewed and recommended approval of the Development on December 13, 2021; and WHEREAS, the proposed Development is not considered premature and meets the performance standards of the subdivision and zoning ordinance; and NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby makes the following: FINDINGS OF FACT 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 provided 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 Belland Farms Final Plat subject to the following conditions: 1. Rosemary Way street right-of-way extends to the west lot line on the preliminary plat in order to provide future transportation and utility connection to the west. a. Any future phase final plat submittal that shows the Rosemary Way street right-of-way shifting north or south shall not be deemed inconsistent with the preliminary plat provided that such location is approved by the City. 2. Future platting of Outlot B, Belland Farms shall require construction of street and utilities to the west lot line. 3. Future development to the north of Rosemary Way will require sidewalk construction on the north side of the street. 4. Applicable Land Use Applications and submittals are required for future development or platting of Lot 2, Block 1 or Outlot B, Belland Farms. 5. Separate sign permit applications are required for all permanent monument/pylon and wall signage. 6. Separate sign permit applications are required for all temporary signage. 7. Outlot A, Belland Farms contains a publicly maintained stormwater pond. The outlot shall be deeded to the City after the stormwater pond improvements, vegetation, and landscaping have been installed, established and accepted by the City. 8. Future development of Outlot B, Belland Farms may require a traffic study to evaluate impacts to 24th Avenue, Rosemary Way, CSAH 14/Main Street and Otter Lake Road. 9. A Permanent Trail easement and exhibit shall be recorded over the trail on Lot 1, Block 1, Belland Farms. a. The developer is responsible for the installation of the trail. b. The City is responsible for long term maintenance of the trail. c. The City will reimburse the developer the costs of the trail construction. 10. The final plat and development agreement shall be recorded prior to any conveyances by Rehbein Properties to a third party. BE IT FURTHER RESOLVED by the City Council of the City of Lino Lakes hereby approves Belland Farms Final Plat subject to the following items being addressed prior to release of the mylars: 1. A Development Agreement shall be approved by the City Council, executed and recorded against the property. 2. All comments from the City Engineer Memo dated December 1, 2021 shall be addressed. 3. All comments from the Environmental Coordinator Memo dated November 9, 2021 shall be addressed. 4. All comments from the Anoka County Highway Department letter dated September 23, 2021 shall be addressed. 5. The applicant shall provide documentation from the owner of the pipeline easement allowing for construction and improvements in easement. 3 6. The applicant shall draft a deed for Outlot A. 7. The applicant shall draft the Permanent Trail Easement and Exhibit for staff review. 8. Belland Farms Plan Set: a. Sheet 3, Preliminary Plat: i. The drainage and utility easements shown on the preliminary plat shall be consistent with those shown on the final plat. 9. Belland Farms Final Plat: a. A drainage & utility easement a minimum 10ft wide shall be provided over Wetland 1. b. A drainage and utility easement shall be provided over the municipal sanitary sewer and watermain extending to the west lot line on the final plat. 10. Associate Eye Clinic Partners Plan Set: a. Sheet A300, Exterior Elevations i. A material and color detail for the rooftop mechanical screen shall be provided. b. Page M, Photometric Plan: i. All lot lines shall be clearly marked and foot candle measurements shall extend past the lot lines. 1. Foot candles shall not exceed 1.0 onto street right-of-way or 0.4 onto adjacent property. Adopted by the Council of the City of Lino Lakes this 10th day of January, 2022. 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. 22-04 RESOLUTION APPROVING DEVELOPMENT AGREEMENT FOR BELLAND FARMS WHEREAS, the City Council approved the final plat for Belland Farms with Resolution No. 22- 03 on January 10, 2022; 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 Rehbein Properties and the City of Lino Lakes for Belland Farms and authorizes the Mayor and City Clerk to execute such agreement on behalf of the City. Adopted by the Council of the City of Lino Lakes this 10th day of January, 2022. 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 Belland Farms THIS AGREEMENT is made this _____ day of ____________, 2022, by and between the City of Lino Lakes (“City”), a Minnesota municipal corporation, and Rehbein Properties, a Minnesota partnership. (“Developer”). 1. Subdivision. Developer received preliminary plat approval from the City by Resolution No. 21-115 for a plat known as Belland Farms (“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 Belland Farms is contingent upon execution and delivery of this agreement, all required petitions, bonds, security, and other documents required by the City, and satisfaction of all conditions of approval required by Resolution No. 22-XXX. The Final Plat is attached hereto as Exhibit A. 3. Phased Development. The City may refuse to approve final plats of subsequent additions of the plat if the Developer has breached this Agreement and the breach has not been remedied. Development of subsequent phases may not proceed until Development Agreements for such phases are approved by the City and are fully executed. 4. Developer Plans. a. The Subdivision shall be developed in accordance with the following Developer Plans, original copies of which are on file with the City Engineer. The Developer Plans may be prepared and revised after entering into this Agreement but must be approved by the City before commencement of any work. If the plans vary from the written terms of this Agreement, this Agreement shall control. b. The Developer Plans as of the date of this Agreement are: i. Belland Farms Final Plat containing 1 sheet, prepared by E.G. Rud & Sons, Inc., revised November 8, 2021, received November 8, 2021. ii. Belland Farms Public Sanitary Sewer, Water Main, Storm Sewer, and Street Construction plan set containing 7 sheets, dated November 8, 2021, prepared by Carlson McCain, received November 8, 2021. 5. Permits. The Developer shall be responsible for securing all development approvals and required permits from all appropriate Federal, State, Regional and Local jurisdictions prior to the commencement of construction. Belland Farms Development Agreement January 10, 2022 page 2 6. Developer Improvements. The Developer shall secure a contractor to install the improvements described in this paragraph, or otherwise required herein to be installed by Developer, hereinafter referred to as the “Developer Improvements,” which contractor shall be approved by the City in its absolute and sole discretion. The Developer Improvements shall be constructed per the City Standard Specifications for Construction dated January 2022 or current version. The cost of Developer Improvements is as shown on Exhibit B attached hereto. All Developer Improvements shall require City inspection and approval and, where appropriate, the approval of any other governmental agency having jurisdiction. The Developer shall construct and install at the Developer's expense the following improvements according to the following terms and conditions: a. Site Grading i. No site work shall commence until all requirements of the Rice Creek Watershed District (RCWD) have been satisfied. ii. All site work shall be conducted in accordance with the grading plan as approved by the City and in accordance with NPDES and RCWD requirements. The Developer shall perform the work in accordance with a Storm Water Pollution Prevention Plan (SWPPP) pursuant to Minnesota Pollution Control Agency (MPCA) requirements. b. Grading and Erosion Control i. The Developer shall grade the site to within 0.2 foot of the grades shown on the approved grading plan. No deviations will be allowed unless a revised plan is submitted and approved in writing by the City and all other regulatory agencies. ii. The street right-of-way, storm water storage ponds, and surface water drainage ways shall be graded prior to commencement of utility construction. Four inches of topsoil and a City approved seed mix shall be installed within disturbed areas, and seed mix information shall be provided to the City. iii. The Developer shall be responsible for ascertaining that site geotechnical and groundwater conditions are adequate and conforming with the grading and site improvement as proposed. The Developer shall provide testing from an approved testing company. Belland Farms Development Agreement January 10, 2022 page 3 iv. The Developer’s engineer shall certify in writing, with an as-built survey, that all grading complies with the approved grading plan prior to issuance of any building permits. v. The Developer shall promptly clear dirt and debris within public rights-of- way and drainage and utility easements resulting from construction by the Developer, its purchasers, builders and contractors within five (5) days after notification by the City. The Developer shall be responsible for all necessary street and storm sewer maintenance, including street sweeping, until all home construction is completed, unless otherwise 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, trails and street lighting shall be installed within 6 months of the bituminous base course. Extensions may be approved by the City Engineer, due to weather conditions, upon receipt of a written request in writing by the Developer to the City. In no case shall such extension extend beyond one year from the date of installation of bituminous base course. e. Storm sewers, when determined to be necessary by the City Engineer, including all necessary laterals, catch basins, inlets and other appurtenances, shall be furnished and installed. f. Sanitary sewer mains, laterals or extensions, including all necessary building services and other appurtenances, shall be furnished and installed. g. Water mains, laterals or extensions, including all necessary building services, hydrants, valves and other appurtenances, shall be furnished and installed. h. The Developer shall place iron monuments at all lot, block, and outlot corners and at all other angle points on boundary lines consistent with the final plat. Iron monuments shall be placed after all street and lawn grading has been completed in order to preserve the lot markers for future property owners. Lot corner irons on the back property line shall be installed so that the top of the iron corresponds to the finished ground elevation in accordance with the approved grading plan. Guard stakes shall be appropriately installed to mark these irons. Belland Farms Development Agreement January 10, 2022 page 4 i. Landscaping shall be furnished and installed in accordance with the approved plans. The landscaping shall be maintained by the Developer until accepted by the City’s Environmental Coordinator. Developer shall be responsible for vegetative restoration of ponding areas, outlots, wetland mitigation areas, and other native planting areas identified on the plans in accordance with City Standard Specifications for Construction. Developer shall provide a contract with a qualified firm for the establishment and maintenance of all open space / native plant areas. Said contract shall cover a minimum of the 3 year establishment period, from the date of planting. j. The Developer shall arrange for all gas, telecommunications, cable, internet, electric, and other necessary private utility services to the Subdivision in accordance with City Code and State law. The utilities are required to be located within a joint trench. Street light installations shall be initiated by the Developer with City Engineer approval. The Developer is solely responsible for the cost of private utility and internet installation. k. The Developer shall install mailboxes in accordance with Federal and Postal Service regulations. 7. Time of Performance. The Developer shall install all required improvements enumerated in Paragraph 6 by November 30,2022. The Developer may request a reasonable extension of time from the City. If the extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 8. City Improvements. No City installed 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 that certify that grading work meets pertinent compaction requirements for the project. Belland Farms Development Agreement January 10, 2022 page 5 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 as determined by the City Engineer. b. Irrevocable Letter of Credit. If an Irrevocable Letter of Credit is utilized, it shall be for the exclusive use and benefit of the City of Lino Lakes and shall state that it is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Agreement and construction of all required improvements referenced therein in accordance with the ordinances and specifications of the City. The letter shall be in a form, and from a bank, as approved by the City. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this agreement. The Irrevocable Letter of Credit shall be automatically extended for additional periods of one year from present or future expiration dates on an annual basis, unless at least sixty (60) days prior to the expiration date, the Community Development Director and City Engineer, are notified by certified mail or overnight courier, that the Letter of Credit will not be extended. 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 Belland Farms Development Agreement January 10, 2022 page 6 disease free for 12 months after planting. Prior to final acceptance of the Developer Improvements the City shall require a Surety Bond or Cash Escrow to cover the warranty provisions of this Agreement. The amount shall be 20 % of the original cost of construction identify in Schedule B. 12. Dedication. The Developer shall dedicate to the City, at no cost to the City, any permanent or temporary easements that may be necessary for the construction and installation of the Developer Improvements. All such easements required by the City shall be in writing, in recordable form, containing such terms and conditions as the City shall determine. 13. Ownership of Improvements. Upon completion and City acceptance of the work and construction required by this Agreement, the public improvements lying within public rights-of-way and easements shall become City property without further notice or action unless the improvements are to be deemed private infrastructure. 14. Recording and Release. The Developer agrees that the terms of this Development Agreement shall be a covenant on any and all property included in the Subdivision. The Developer agrees that the City shall have the right to record a copy of this Development Agreement with the Anoka County Recorder to give notice to future purchasers and owners. This shall be recorded against the Subdivision described on Page 1. 15. Escrow for City’s Costs. a. The Developer agrees to establish a non-interest bearing escrow account with the City in an amount determined by the City Administrator or their designee for the payment of all costs incurred by the City related to the development of the Subdivision including, but not limited to, the following (See Exhibit B for breakdown of costs): i. Planning/ Review ii. Administration - 3% of Developer Improvement Costs iii. City Engineering and Legal iv. Street lighting installation (by utility company, developer to initiate) v. Traffic signing improvements vi. Boulevard tree planting vii. Street, storm sewer and pond maintenance Belland Farms Development Agreement January 10, 2022 page 7 viii. Property Taxes. Should the recording of the Final Plat occur after July 1st, any and all property taxes on any public property dedicated as a part of this plat shall be the responsibility of the Developer. b. If the above escrow amounts are insufficient, the Developer shall make such additional deposits as required by the City. The City shall have a right to reimburse itself from the Escrow with suitable documentation supporting the charges. 16. Developer Fees. At the time of execution of this Agreement, the Developer shall pay the following fees related to the development of the Subdivision (See Exhibit B for breakdown of costs): a. Park Dedication The Park Dedication Fee for this site is calculated as follows: 3.73 acres x $2,520 per acre = $9,400.00 The Developer shall receive credit for construction of the bituminous trail. The estimated trail cost is $13,232.00. The park dedication fee will be credited in the amount of $9,400.00. Construction costs in excess of this amount shall be reimbursed by the City upon completion of the trail, City inspection and approval of the trail, and submittal of evidence by the Developer, acceptable to the City, that it has paid all contractors for construction costs related to the trail. b. The Developer shall pay 15 months of maintenance and energy costs for street lights installed within the Subject Property at the rate of $8/month/light. After that the City will assume the costs. c. GIS Mapping Fees d. Trunk Sewer Connection Fees The City established trunk utility connection fees to uniformly distribute the costs of public trunk sanitary sewer infrastructure. The Trunk Utility Connection Fee consists of two components; a Trunk Charge and an Availability Charge. Trunk Charge The trunk charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. Commercial/Industrial/Institutional (CII) trunk charges are based on a factor of 2.92 units per acre. Belland Farms Development Agreement January 10, 2022 page 8 Sanitary Sewer $1,630.00 Per Unit Availability Charge Commercial/Industrial/Institutional availability charges shall be paid at the time of building permit. Fees are based on the number of sanitary access charge (SAC) units assigned by Metropolitan Council Environmental Services (MCES). City Sewer (CSAC) $1,525.00 Per SAC Unit Trunk sewer unit charges addressed under this paragraph are in addition to any SAC charges imposed by Metropolitan Council Environmental Services. An estimate of the total charge and the trunk utility credit for developer installed trunk oversizing is specified in Exhibit B. e. Trunk Water Connection Fees The City established trunk utility connection fees to uniformly distribute the costs of public trunk water infrastructure. The Trunk Utility Connection Fee consists of two components; a Trunk Charge and an Availability Charge. Trunk Charge The trunk charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. Commercial/Industrial/Institutional (CII) trunk charges are based on a factor of 2.92 units per acre. Water $2,341.00 Per Unit Availability Charge Commercial/Industrial/Institutional availability charges shall be paid at the time of building permit. Fees are based on the number of sanitary access charge (SAC) units assigned by Metropolitan Council Environmental Services (MCES). City Water (CWAC) $1,473.00 Per SAC Unit An estimate of the total charge and the trunk utility credit for developer installed trunk oversizing is specified in Exhibit B. f. Surface Water Management Area Charges Belland Farms Development Agreement January 10, 2022 page 9 The City established a trunk area charge to uniformly distribute the costs of public trunk surface water infrastructure and water quality improvements. The Surface Water Management Charge shall be based on developable acreage, in the amount specified in Exhibit B. The charge shall be paid at the time of subdivision approval. 17. Assessment of Charges and Waiver of Rights. a. In consideration of the construction of City Improvements listed in Paragraph 8 and /or provision of sewer, water and storm water services, the Developer agrees that the costs of City Improvements together with Trunk Sewer Unit Charge, Trunk Water Unit Charge and the Surface Water Management Area Charge (collectively, “the Charges”) may be assessed against the Subdivision parcels. The Developer hereby waives any and all procedural and substantive objections to the special assessments, including notice and hearing requirements, any claim that the assessments exceed the benefit to the properties, and any right to appeal. b. Unless the Developer pays the entire balance owed for the Charges contemporaneously with the execution of this Agreement, the Developer shall provide to the City a cash escrow or irrevocable letter of credit in an amount equal to 35% of the total assessments for the Charges as estimated by the City Engineer (see Exhibit B). The letter of credit shall be in a form, and from a bank, as approved by the City. The letter of credit or cash escrow may be used by the City upon default by Developer in the payment of special assessments. The cash escrow or letter of credit shall remain in place throughout the term of the special assessments. The letter of credit may not be terminated without the City’s written consent. c. Developer, its heirs, successors or assigns, agrees that within 30 days after the date of sale of a lot, the Developer, its heirs, successors or assigns, at its own 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. Belland Farms Development Agreement January 10, 2022 page 10 e. Acceleration of Special Assessments upon Default. In the event the Developer violates any of the covenants, conditions or agreements herein, violates any ordinance, rule or regulation of the City, County of Anoka, State of Minnesota or other governmental entity having jurisdiction over the plat or development, or fails to pay when due any installment of any special assessment levied pursuant to this agreement, or any interest thereon, the City at its option, in addition to its rights and remedies hereunder, after 10 days written notice to the Developer, may declare all of the unpaid special assessments which are then estimated or levied pursuant to this agreement due and payable in full, with interest. The City may seek recovery of such special assessments due and payable from the security provided herein. In the event that such security is insufficient to pay the outstanding amount of such special assessments plus accrued interest the City may certify such outstanding special assessments in full to the County Auditor pursuant to Minnesota Statutes section 429.061, subdivision 3, for collection the following year. The City, at its option, may commence legal action against the Developer to collect the entire unpaid balance of the special assessments then estimated or levied pursuant hereto, with interest, including reasonable attorney's fees, and Developer shall be liable for such special assessments and, if more than one, such liability shall be joint and several. In addition to any other rights and remedies upon Developer’s default, the City may refuse to issue building permits and/or Certificates of Occupancy for any property within the Subdivision until such time as such default has been corrected to the satisfaction of the City. The Developer agrees to reimburse the City for all costs incurred by the City in the enforcement of this agreement, or any portion thereof, including court costs and reasonable engineering and attorneys' fees, if the City prevails in any enforcement action. 18. Building Permits. No building permits shall be issued until: a. Site grading, certified compaction testing and approved by the City. b. Execution of this agreement and receipt of all securities required herein, and review and approval of building permit application by the Building Official. 19. Special Provisions. a. The Developer shall be credited $366,569.00 for the sanity sewer trunk oversizing and $70,261.00 for the water trunk oversizing. The Developer will be reimbursed by the City upon completion of the trunk sewer and water lines, the City’s inspection and approval of the work, and submittal of evidence, acceptable to the City, that the Developer has paid contractors for the trunk line work. Belland Farms Development Agreement January 10, 2022 page 11 b. Rosemary Way street right-of-way extends to the west lot line on the preliminary plat in order to provide future transportation and utility connection to the west. c. Any future phase final plat submittal that shows the Rosemary Way street right- of-way shifting north or south shall not be deemed inconsistent with the preliminary plat provided that such location is approved by the City. d. Municipal utilities shall be extended to the west property line. Future platting of Outlot B, Belland Farms shall require street construction to the west lot line. e. Future development to the north of Rosemary Way will require sidewalk construction on the north side of the street. f. Outlot A contains a publicly maintained stormwater pond. The outlot shall be deeded to the City after the stormwater pond improvements, vegetation, and landscaping have been installed, established and accepted by the City. g. Future development of Outlot B may require a traffic study to evaluate impacts to 24th Avenue, Rosemary Way, CSAH 14/Main Street and Otter Lake Road. h. A Permanent Trail easement and exhibit shall be recorded over the trail on Lot 1, Block 1, Belland Farms. i. The developer is responsible for the installation of the trail. j. The City is responsible for long term maintenance of the trail. k. The City will reimburse the Developer the costs of the trail construction. l. The final plat and development agreement shall be recorded prior to any conveyances by Developer to a third party. 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 accepts the Developer Improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's or general contractor’s work, as the case may be, or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than Five Hundred Thousand and no/100 ($500,000.00) Dollars for one person and Two Million and no/100 ($2,000,000.00) Dollars for each occurrence; limits for property damage shall be not less than One Million and no/100 ($1,000,000.00) Dollars for each occurrence; or a combination single limit policy of Two Million and no/100 ($2,000,000.00) Dollars or more. The City, its employees, its agents and assigns shall be named as an additional insured on the policy, and the Developer or its general contractor shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall Belland Farms Development Agreement January 10, 2022 page 12 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, including but not limited to attorney and engineering fees, provided the Developer is first given notice of the work in default, not less than 48 hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, levy the cost in whole or in part as a special assessment against the Subject Property. Developer waives its rights to notice of hearing and hearing on such assessments and its right to appeal such assessments pursuant to Minnesota Statutes, chapter 429, provided Developer shall have the right to contest the reasonableness of the costs claimed by the City. 23. General. a. Binding Effect The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land, unless otherwise released pursuant to section 14 of this Agreement. b. Validity. If a portion, section, subsection, sentence, clause, paragraph or phrase in this agreement is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Development Agreement. c. Notices Whenever in this Agreement it shall be required or permitted that notice or demand be given or served by either party to this Agreement to or on the other party, such notice or demand shall be delivered personally, or mailed by United States mail to the addresses below, or sent by email to the email address below. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above or when emailed. Belland Farms Development Agreement January 10, 2022 page 13 The addresses of the parties are as set forth until changed by notice given as above. Gerald L. Rehbein Gordon W. Rehbein Rehbein Properties PO Box 368 Lino Lakes, MN 55038 matt@rehbeinag.com glrehbein@gmail.com Rick@rehbeinag.com Community Development Director City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 mgrochala@linolakes.us This instrument was drafted by: City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 Belland Farms Development Agreement January 10, 2022 page 14 IN WITNESS WHEREOF, the City and the Developer have caused this Development Agreement to be executed in their respective corporate names by their duly authorized officers, all as of the date and year first written above. CITY OF LINO LAKES By _________________________ Mayor ATTEST By _________________________ City Clerk STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) This instrument was acknowledged before me on ________ day of ____________, 2022, 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 ____________, 2022, by Julianne Bartell as City Clerk of the City of Lino Lakes on behalf of said City. _______________________________ Notary Public Belland Farms Development Agreement January 10, 2022 page 15 THIS PAGE INTENTIONALLY LEFT BLANK Belland Farms Development Agreement January 10, 2022 page 16 Execution page of the Developer to the Development Agreement, dated as of the date and year first written above. DEVELOPER By ______________________ Its ______________________ STATE OF MINNESOTA ) ) SS COUNTY OF __________ ) On this _______ day of _______________, 2022, before me, a Notary Public within and for said County, personally appeared Matt Rehbein, agent of Rehbein Properties, a Minnesota partnership (Developer), who executed the foregoing instrument on behalf of the partnership. ______________________________ Notary Public Belland Farms Development Agreement January 10, 2022 page 17 EXHIBIT A Final Plat Belland Farms Belland Farms Development Agreement January 10, 2022 page 18 EXHIBIT B Securities, Escrows & Fees 1/4/2022 EXHIBIT B Securities, Escrows & Fees PROJECT: Belland Farms NUMBER OF REU's:TBD APPLICANT: Rehbein Properties NO. OF LOT FRONTAGESNA AREA (ACRES):6.1 IMPROVEMENTS COST DEVELOPER IMPROVEMENT COSTS (Public) EROSION CONTROL $2,000 TRAIL $13,232 STREETS $226,081 STORM SEWER CONST.$36,100 SANITARY SEWER CONST.$599,445 WATERMAIN CONST.$186,790 ENGINEERING & SURVEYING $15,000 Total $1,078,648 Letter of Credit Amount X 150%$1,617,972 ESCROW for CITY'S COSTS PLANNING/ REVIEW $3,000 ADMINISTRATION $32,360 ENGINEER PLAN REVIEW $3,800 ENGINEER CONSTRUCTION SERVICES $30,210 PROJECT FINAL DOCUMENTS & CITY ENGINEER $4,200 STREET LIGHT INSTALLATION $2,500 STREET & STORMWATER MAINTENANCE $1,500 PROPERTY TAXES $0 TRAFFIC AND SIGNING IMPROVEMENTS $0 BOULEVARD TREE PLANTING $0 Total $77,570 DEVELOPMENT FEES PARK DEDICATION $9,400 PARK DEDICATION CREDIT TBD Subtotal Park Dedication Fee $0 AUAR $1,003 GIS MAPPING FEE $180 STREET LIGHTING OPERATION $120 Total $1,303 TRUNK SANITARY SEWER TRUNK CHARGE PER (ACRE OR UNIT)$29,034 AVAILABILITY CHARGE PER SAC UNIT Collect w/ Building Permit TRUNK SANITARY SEWER CREDIT ($366,569) TRUNK WATERMAIN TRUNK CHARGE PER (ACRE OR UNIT)$41,698 AVAILABILITY CHARGE PER SAC UNIT Collect w/ Building Permit TRUNK WATERMAIN CREDIT ($70,261) TOTAL TRUNK SEWER & WATER FEES ($366,098) SURFACE WATER MANAGEMENT $67,545 SURFACE WATER MANAGEMENT CREDIT $0 TOTAL SURFACE WATER MANAGEMENT FEES $67,545 SUMMARY OF SECURITIES, ESCROW & FEES SECURITY: DEVELOPER IMP'MENT COSTS $1,617,972 ESCROW FOR CITY COSTS $77,570 DEVELOPMENT FEES $1,303 SURFACE WATER MANAGEMENT FEES $67,545 CITY OF LINO LAKES RESOLUTION NO. 22-05 RESOLUTION APPROVING A SITE IMPROVEMENT PERFORMANCE AGREEMENT WITH DRF LINO EYE BUILDING, LLC (ASSOCIATE EYE CARE PARTNERS) WHEREAS, the City has completed review of the site and building plans for Associate Eye Care Partners; and WHEREAS, the parcel is legally described as: Lot 1, Block 1, Belland Farms; and WHEREAS, Section 1007.020(5)(d) of the Lino Lakes Zoning Ordinance requires the execution of a site performance agreement prior to issuance of a building permit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes that the Site Improvement Performance Agreement between the City of Lino Lakes and DRF Lino Eye Building, LLC is hereby approved and the Mayor and City Clerk are authorized to execute such agreements on behalf of the City. Adopted by the Council of the City of Lino Lakes this 10th day of January, 2022. 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 DRF Lino Eye Building LLC Site Performance Agreement page 1 of 10 CITY OF LINO LAKES, MINNESOTA SITE IMPROVEMENT PERFORMANCE AGREEMENT THIS AGREEMENT made this _______ day of _______________, 2022, is by and between the City of Lino Lakes, a municipal corporation organized under the laws of the State of Minnesota, and DRF Lino Eye Building LLC (“Developer”). WHEREAS, the Developer has received approval of Site Development Plans, hereinafter called the "Plans", by the City of Lino Lakes on the 10th day of January, 2022, and in accordance with the Plans all of which are made a part hereof by reference. In consideration of such approval, the Developer, its successors and assigns, does covenant and agree to perform the work as set forth in the Plans, in the aforesaid approval, and as hereinafter set forth upon the real estate (hereinafter referred to as "Property") described as follows: Lot 1 Block 1 Belland Farms NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: I. DESIGNATION OF IMPROVEMENTS. A. Improvements on the project site to be installed at the Developer’s expense by the Developer as hereinafter provided are hereinafter referred to as “On-site Work”. B. Improvements off the project site to be installed at the Developer’s expense, if any, by the Developer as hereinafter provided are hereinafter referred to as “Off-Site Work”. C. Developer shall enter into a Declaration for Maintenance of Stormwater Facilities. II. ON-SITE WORK. A. On-Site Work. The On-Site Work shall consist of the improvements described in the approved Plans, to include any approved subsequent amendments, and shall be in compliance with all applicable statutes, codes and ordinances of the City. The On-Site Work includes all on-site exterior amenities as shown on the approved Plans and as required by the plan approval, such as, but not limited to: landscaping, private driveways, parking areas, sanitary sewer extension, water system extension, storm drainage systems, curbing, lighting, fencing, fire lanes, sidewalks, exterior building architectural design and building elements, site grading and erosion control measures. DRF Lino Eye Building LLC Site Performance Agreement page 2 of 10 Such improvements shall be completed in accordance with Section IV herein. B. Cost Estimates. The Developer shall provide the City with a written estimate of all applicable costs of the On-Site Work, itemized by type; the estimates shall be based upon the actual estimates provided by the contractors who are to do the Work. Said cost estimates shall be reviewed by the City, and the City shall establish the actual amount of the financial guarantee. The description and estimated cost of Developer's On-Site Work are as follows: Description of Improvements Estimated Costs 1. Lighting $ 10,000.00 2. Fences / Screen Structures $ 14,400.00 3. Trash Disposal Structures $ 60,000.00 4. Curbing / Islands / Delineators $ 25,000.00 5. Storm Drainage Systems / Sewers / Catch Basins / Culverts / Swales $ 75,000.00 6. Public Trails and / or Sidewalk *$ 0.00 7. Private Trails and / or Sidewalk $35,000.00 8. Driveway / Curb cut / Parking Lot / Fire Lane $ 60,000.00 9. Water mains / Hydrants / Sanitary Sewers $ 20,000.00 10. Landscaping $ 50,000.00 11. Site Grading $ 125,000.00 12. Erosion Control $ 10,00.00 Total Estimated Cost of Developer Improvements $ 484,400.00 Security Requirement (Total * 35%) $ 169,540.00 *Previously collected through the Belland Farms Development Agreement III. DEVELOPER FEES. A. Trunk Sanitary Sewer Connection Fees The City established trunk utility connection fees to uniformly distribute the costs of public trunk sanitary sewer infrastructure. The Trunk Utility Connection Fee consists of two components; a Trunk Charge and an Availability Charge. DRF Lino Eye Building LLC Site Performance Agreement page 3 of 10 Trunk Charge The trunk charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. The Sanitary Sewer Trunk Charge is $1,630.00 per unit. Commercial/Industrial/Institutional (CII) trunk charges are based on a factor of 2.92 units per acre. Availability Charge For residential properties, the availability charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. Commercial/Industrial/Institutional availability charges shall be paid at the time of building permit. Fees are based on the number of sanitary access charge (SAC) units assigned by Metropolitan Council Environmental Services (MCES). City Sewer (CSAC) $1,525.00 Per SAC Unit Trunk sewer unit charges addressed under this paragraph are in addition to any SAC charges imposed by Metropolitan Council Environmental Services. B. Trunk Water Connection Fees The City established trunk utility connection fees to uniformly distribute the costs of public trunk water infrastructure. The Trunk Utility Connection Fee consists of two components; a Trunk Charge and an Availability Charge. Trunk Charge The trunk charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. The Water Trunk Charge is $2,341.00 per unit. Commercial/Industrial/Institutional (CII) trunk charges are based on a factor of 2.92 units per acre. Availability Charge For residential properties, the availability charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. Commercial/Industrial/Institutional availability charges shall be paid at the time of building permit. Fees are based on the number of sanitary access charge (SAC) units assigned by Metropolitan Council Environmental Services (MCES). City Water (CWAC) $1,473.00 Per SAC Unit. DRF Lino Eye Building LLC Site Performance Agreement page 4 of 10 C. Surface Water Management Area Charges The City established a trunk area charge to uniformly distribute the costs of public trunk surface water infrastructure and water quality improvements. Acres Fee 1. Sanitary Sewer Trunk Unit Fee ($1,630/unit; 2.92 units/Acre) $0* 2. City Sewer Availability Fee ($1,525/SAC Unit) TBD** 3. Water Trunk Unit Fee ($2,341/unit; 2.92 units/Acre) $0* 4. City Water Availability Fee ($1,473/SAC Unit) TBD** 5. City Surface Water Management Fee $0* Total Estimated (Budget) Developer Fees $0 *Paid with Belland Farms Development Agreement **Paid at the time of Building Permit based on MCES unit determination IV. RECORD DRAWINGS. a. Upon project completion, Developer shall submit record drawings, in electronic format, of all public and private infrastructure improvements, including grading, sanitary sewer, water main, storm sewer facilities, and roads, constructed by Developer. The as-built survey must include, but is not limited to, proposed and final contours with adequate elevation shots to show conformance, property irons (to be exposed in field), low floor and low opening elevations, and the 100-Year High Water Level (HWL) of all ponds, lakes, and wetland areas. The files shall be drawn in Anoka County NAD 83 Coordinate system and provided in both AutoCAD .dwg and Adobe .pdf file formats. The plans shall include accurate locations, dimensions, elevations, grades, slopes and all other pertinent information concerning the complete work. The Developer shall also submit certified compaction testing results for the site grading operations. b. A summary of the record plan attribute data for the storm sewer, water main, and sanitary sewer structures and pipes shall be submitted in the form of an Excel Spreadsheet as provided by the City Engineer. c. No securities will be fully released until all record drawings have been submitted and accepted by the City Engineer. V. COMPLETION DATE. If the activities authorized by site and building plan approval are not initiated within twelve (12) months from the final execution of this agreement, then DRF Lino Eye Building LLC Site Performance Agreement page 5 of 10 Developer will need to start the site and building plan approval process from the beginning. The Developer shall complete all On Site Work by June 30, 2023. 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. VI. GUARANTEE. A. The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on thirty- five (35%) percent of the total estimated cost of Developer's On-site Work. An Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Lino Lakes and shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Contract, construction of all required improvements in accordance with the ordinances and specifications of the City and guarantees the workmanship and materials for the landscape improvements for a period of one year following the City’s acceptance of the landscape improvements. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this contract, if Developer has been found to be in default of this agreement and only after providing Developer with written notice and opportunity to cure any default. The Irrevocable Letter of Credit shall be automatically extended for additional periods of one year from present or future expiration dates unless sixty (60) days prior to such the City Clerk or Administrator is notified in writing by certified mail or overnight mail that the Letter of Credit will not be renewed. B. Upon written request, The City will grant a reduction of the Letter of Credit, or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. The Developer may make such requests three times throughout the life of this agreement, with the third and/or final request being at the completion of the project. The City will respond to such request within 30 days time. Prior to the final acceptance of the Developer’s Improvements the City shall require a Letter of Credit or Cash Escrow to cover the warranty provisions of the agreement. The amount shall be agreed to by the City Engineer and Developer and Developer may use the Letter of Credit discussed in Section VI.A above. VII. REIMBURSEMENT OF COSTS. DRF Lino Eye Building LLC Site Performance Agreement page 6 of 10 A. The Developer agrees to establish a non-interest bearing escrow account with the City in an amount established by the City Engineer or his designee for the payment of all City fees and costs incurred by the City related to the On-site Work, including, but not limited to, the following: 1. Site Plan Review Fee $1,500.00 2. Administration (Legal, Engineering, Planning and Contract Administration) $14,532.00 3. Negative Short Term Escrow Balance $0 Total Estimated (Budget) Costs for Escrow Account $16,032.00 B. If it appears that the actual costs incurred will exceed the estimate or that the actual costs incurred will be less than the estimate, then Developer and City shall review the costs required to complete the project. In such case, if the actual costs exceed the estimate, then Developer shall promptly pay the additional sums to the City to pay for the agreed upon increase. However, in such case where the actual costs are less than the estimate, the City shall promptly reimburse to Developer any amounts overpaid by the Developer. The Developer may request a statement of the account each month for review. C. Intentionally Deleted. VIII. REMEDIES FOR BREACH. A. The City shall give prior written notice to the Developer of any default hereunder before proceeding to enforce such financial guarantee or before the City undertakes any work for which the City will be reimbursed through the financial guarantee. If within twenty (20) days after receipt of such written notice to it, the Developer has not notified the City by stating in writing the manner in which the default will be cured and the time within which such default will be cured, the City will proceed with the remedy it deems reasonably appropriate. B. At any time after the completion date and any extensions thereof, if any of the work is deemed incomplete, the City may proceed in any one or more of the following ways to enforce the undertakings herein set forth, and to collect any and all expenses reasonably incurred by the City in connection therewith, including, but not limited to, engineering, legal, planning and litigation costs and expense. The enumeration of the remedies hereunder shall be in addition to any other remedies available to the City. 1. Specific Performance. The City may in writing direct the surety or the Developer to cause the Work to be undertaken and completed DRF Lino Eye Building LLC Site Performance Agreement page 7 of 10 within a specified reasonable time. If the Developer fails to cause the Work to be done and completed in a manner and time reasonably acceptable to the City, the City may proceed to bring an action for specific performance to require work to be undertaken. 2. Completion by the City. The City, after written notice, may enter the premises and proceed to have the Work done either by contract, by day labor or by regular City forces. The Developer may not question the manner of doing such work or the letting of any such contracts for the doing of any such work; provided that all such work is performed in a reasonable manner, the costs are reasonable and the work is completed in a good and workman-like manner and in accordance with the approved plans and specifications. Upon completion of such work, the Developer shall promptly pay the City the full cost thereof as aforesaid. 3. Deposit of Financial Guarantee. In the event the financial guarantee has been submitted in the form of a Letter of Credit, the City may draw on the Letter of Credit the sum equal to the reasonably estimated cost of completing the Work, plus the City's reasonably estimated expenses as defined herein, including any other reasonable costs, expenses, and damages for which the surety may be liable hereunder, but not exceeding the amount set forth on the Letter of Credit. The money shall be deemed to be held by the City for the purpose of reimbursing the City for any reasonable costs incurred in completing the Work as hereinafter specified. Any funds remaining after completion of the project shall be promptly returned to the Developer. IX. OCCUPATION OF PREMISES. The Developer agrees that it will not cause to be occupied any portion of the building or improvements to be constructed upon the premises until completion of the building and site improvements as more fully described in the approved plans and following issuance of a Certificate of Occupancy. X. 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; DRF Lino Eye Building LLC Site Performance Agreement page 8 of 10 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. XI. REIMBURSEMENT FOR LITIGATION EXPENSES. The City and Developer agree that the prevailing party in any litigation pertaining to the enforcement of this Agreement shall be entitled to reimbursement from the non-prevailing party for all reasonable costs incurred by said prevailing party including court costs and reasonable engineering and attorneys' fees. XII. VALIDITY. If a portion, section, subsection, sentence, clause, paragraph or phrase in this Agreement is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Site Improvement Performance Agreement. XIII. GENERAL. A. Binding Effect. The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Property and shall be deemed covenants running with the land. B. Notices. Whenever in this Agreement it shall be required or permitted that notice or demand be given or served by either party to this Agreement to or on the other party, such notice or demand shall be delivered personally or (i) mailed by United States mail by certified mail (return receipt requested) or (ii) sent by nationally recognized overnight carrier to the addresses hereinbefore set forth on Page 1. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail or the overnight carrier in accordance with the above. The addresses of the parties hereto are as set forth on Page 1 until changed by notices given as above. C. Incorporation by Reference. All plans, special provisions, proposals, specifications and contracts for the improvements furnished and let DRF Lino Eye Building LLC Site Performance Agreement page 9 of 10 pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as fully as if set out herein in full. D. Hours of Construction Activity. Construction activity shall be limited to the hours set out as follows: Monday through Friday 7:00 a.m. to 7:00 p.m. Saturday 9:00 a.m. to 5:00 p.m. Sunday and Holidays No working hours allowed XIV. VIOLATIONS/BUILDING PERMITS. In the event that Developer violates any of the covenants and agreements contained in this Site Improvement Performance Agreement and to be performed by the Developer, the City, at its option, and after providing written notice and opportunity to cure to Developer in addition to the rights and remedies as set out hereunder may refuse to issue building permits to any property within the development and/or stop building construction within the development until such time as such default has been corrected to the satisfaction of the City. XV. CERTIFICATE OF COMPLETION. Upon the City’s acceptance of the Developer Improvements, the expiration of any applicable warranty periods, the payment of any amounts to be paid by Developer hereunder, the expiration of Developer’s obligation to maintain insurance under paragraph X, and the City is satisfied that the prevailing party provisions of paragraph XI are no longer needed, City and Developer will enter into a Certificate of Completion in recordable form, evidencing that all obligations to be performed by Developer hereunder have been performed and terminating this Site Development Agreement. DEVELOPER CITY OF LINO LAKES By _________________________ By _________________________ Dean M. Williamson Mayor DRF Lino Eye Building LLC ATTEST: By_________________________ City Clerk STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) DRF Lino Eye Building LLC Site Performance Agreement page 10 of 10 This instrument was acknowledged before me on ________ day of ____________, 2022, 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 ____________, 2022 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 HENNEPIN ) On this _______ day of _______________, 2022, before me, a Notary Public within and for said County, personally appeared, Dean Williamson, Manager of DRF Lino Eye Building LLC, a Minnesota limited liability company, who executed the foregoing instrument on behalf of said company. ______________________________ Notary Public This instrument was drafted by: City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 Belland Farms & Associate Eye Care Partners City Council Meeting January 10, 2022 Land Use Application•Belland Farms Final Plat •2 lots •2 outlots •Previous Site and Building Plan Review •Lot 1 •12,230 sf medical eye clinic •November 8, 2021: Council approved Preliminary Plat 2 3 4 Original Preliminary Plat Parcel Acres Purpose Lot 1, Block 1 1.76 acres Medical Eye Clinic Lot 2, Block 1 1.99 acres Potential Future Daycare Outlot A 0.46 acres Stormwater Pond Outlot B 12.83 acres Future development TOTAL 17.04 acres 5 Revised Preliminary Plat Parcel Acres Purpose Lot 1, Block 1 1.76 acres Medical Eye Clinic Lot 2, Block 1 1.99 1.97 acres Potential Future Daycare Lot 3, Block 1 1.38 acres Future Development Outlot A 0.46 0.45 acres Stormwater Pond Outlot B 12.83 11.15 acres Future development TOTAL 17.04 16.71 acres 6 Final Plat •Lots 1 and 2 •Outlots A and B •Add D&U easement over utilities extended to west lot line 7 Wetlands •Original Wetland Mitigation to just Wetland 3 •Revised Wetland Mitigation to Wetland 3 and Wetland 5 •0.79 acres total wetland impact •Mitigation via purchase of wetland bank credits from City of Blaine Wetland Bank #1664 •Not WMC; No Buffers Required •Wetland 1 & 2 •10ft D&U Findings of Fact-Res. No. 22-031.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 provided comments as noted. 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. 8 Recommendation•December 8, 2021: Planning & Zoning Board reviewed the Belland Farms Final Plat •Recommended approval with a 6-0 vote. 9 Council ConsiderationBelland Farms and Associate Eye Care Partners (AECP) •Consider Resolution No. 22-03 Approving Final Plat •Consider Resolution No. 22-04 Approving Development Agreement •Consider Resolution No. 22-05 Approving Site Performance Agreement 10 1 CITY COUNCIL AGENDA ITEM 6B STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: January 10, 2022 TOPIC: MTO Properties Addition Final Plat i. Consider Resolution No. 22-06 Approving Final Plat ii. Consider Resolution No. 22-07 Approving Development Agreement VOTE REQUIRED: 3/5 REVIEW DEADLINE: Complete Application Date: November 12, 2021 60-Day Review Deadline: January 11, 2022 120-Day Review Deadline: March 12, 2022 Environmental Board Meeting: November 30, 2021 Park Board Meeting: N/A Planning & Zoning Board Meeting: December 8, 2021 City Council Work Session: January 3, 2022 City Council Meeting: January 10, 2022 BACKGROUND The applicant, MTO Properties, is final platting a 1 acre parcel for the purpose of constructing a 2,873 sf commercial office building for Thrivent Financial. The name of the final plat is MTO Properties Addition. The Land Use Application is for the following: • Final Plat o Outlot A, Rice Lake Estates to Lot 1, Block 1, MTO Properties Addition • Site & Building Plan Review o Commercial office building This staff report is based on the following information: • MTO Properties-Thrivent Financial Narrative 2 • Certificate of Survey and Tree Inventory/Removals prepared by EG Rud & Sons dated November 11, 2021 • Civil Plan Set prepared by Plowe Engineering, Inc. dated November 19, 2021 • Architectural Plan Set prepared by Progressive Architecture dated November 12, 2021 • Landscape Plan Set prepared by Calyx Design Group received on November 11, 2021 • Site Drainage Narrative and Calculation prepared by Plowe Engineering dated November 5, 2021 • Soil Borings prepared by Haugo GeoTechnical Services dated November 5, 2021 • Wetland Delineation Report prepared by Jacobson Environmental, PLLC dated June 26, 2019 • Final Plat prepared by EG Rud & Sons received on November 11, 2021 ANALYSIS History The subject site is legally described as Outlot A, Rice Lake Estates. The outlot was platted in 1985 and zoned for commercial development. The original commercial concept was a convenience store. In 1996, Council approved a site plan and conditional use permit for a Lino Lakes Family Dentistry to build a dentist office on the site. That project never moved forward. Existing Site Conditions The one (1) acre site is located in the southwest corner of CSAH 49 (Hodgson Road) and Blue Heron Drive. The site is currently vacant commercial land with grass and light wooded area. The site consists of poorly graded sands and poorly graded sands with silt. The recorded water table is 881.90EL. Topography is general flat. Wetlands exist on the northwest end of the site. Zoning and Land Use The parcel is zoned NB, Neighborhood Business District and allows for office business-general as a permitted use. The City’s zoning map shows the parcel with a PDO, Planned Development Overlay; however, rezoning Ordinance No. 09-88 states “All of the subdivision of Rice Lake Estates except Outlot A” shall be rezoned to PUD, Planned Unit Development. The zoning map shall be corrected with the City’s upcoming zoning map and ordinance update currently being drafted. Current Zoning NB, Neighborhood Business Current Land Use Vacant Commercial Future Land Use per CP Commercial Utility Staging Area 1A=2018-2025 Surrounding Zoning and Land Use 3 Direction Zoning Existing Land Use Future 2040 Land Use North GB, General Business Vacant Commercial Commercial South R-1X, Single Family Executive Single Family Residential Low Density Residential East GB, General Business Commercial & Industrial Commercial West R-1X, Single Family Executive Open Space & Single Family Residential Open Space & Single Family Residential Subdivision Ordinance Conformity with the Comprehensive Plan and Zoning Code The final plat is consistent with the comprehensive plan for commercial development and zoning code requirements for NB, Neighborhood Business as detailed below. Blocks and Lots Outlot A was preliminary platted in 1985 for commercial development. The proposed final plat contains Lot 1, Block 1, MTO Properties Addition. Parcel Acres Purpose Lot 1, Block 1 1.02 Commercial Building Streets and Alleys No new streets are required for the commercial development. Driveway ingress/egress will be from Blue Heron Drive, a local road. CSAH 49 (Hodgson Rd) is an A-Minor Expander road. Both roads are capable of handling traffic from the commercial office building. An existing 10 ft wide Roadway and Utility Easement is recorded over the northeast portion of the lot. This area is now being dedicated on the final plat. No additional street right-of-way is required. Easements Standard drainage and utility easements at least 10 feet wide have been provided along the lot lines. A minimum 10 ft wide drainage and utility easement is required above the delineated wetland. It does not appear the northwest corner of the wetland is covered by a full 10 ft and this shall be revised. A drainage and utility easement is required over the stormwater pond facilities. 4 These easements shall be shown on the preliminary plat and final plat. Public Land Dedication The City will collect a cash fee of $2,570.40 in lieu of land dedication for commercial development for Lot 1, Block 1, MTO Properties Addition. MTO Properties 1.02 acres x $2,520 per acre = $2,570.40 Site and Building Plan Review Site Plan The applicant is proposing to construct a 2,873 sf commercial office building for Thrivent Financial. The site plan includes a paved parking lot, commercial building, landscaping and outdoor patio area adjacent to the stormwater pond and wetland. Overall, the proposed commercial building meets ordinance and performance standard requirements unless otherwise noted. Lot Size and Setbacks The parcel is an existing outlot platted in 1985. NB Requirements Lot 1, Block 1 MTO Properties Min. Lot Size 11,250 sf 44,431 sf Min Corner Lot Width 100 ft 118 ft Setbacks-Street Required Proposed Principal Building-Hodgson (arterial) 40 ft 41 ft Principal Building-Blue Heron (local) 30 ft 150 ft Parking Lot 15 ft 31 and 20 ft Setbacks-Side Yard (south) Required Proposed Principal Building 35a ft 38 ft 5 Accessory Building (trash enclosure) 10 ft 20 ft Parking Lot/Driveway 10 ft 26 ft Setbacks-Rear Yard Required Proposed Principal Building 30 ft 133 ft Accessory Building (trash enclosure) 10 ft 235 ft Parking Lot/Driveway 10 ft 235 ft aNB District requires a 35 setback from Residential District Architectural Plans and Exterior Building Materials The commercial building is single story with exterior materials consisting of hardi-plank lap board siding, shingles, glass, EFIS, standing seam metal roof, and wood timbers. The color palette consists of earth tone pearl gray, black oak, off white and ebony. Wood timbers also accent the building. The ordinance allows for stucco or EFIS 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 facing Hodgson Road has 19% EIFS that is 3 ft above the ground level. There is no other EFIS on the building. The materials and percentages are compliant with performance standards. The building height is 23 ft to the top of the highest roofline which is less than that maximum 35 ft allowed. A trash enclosure is proposed on the south side of the parking lot. Construction details provided on Sheet A1.1 indicate timber or trek decking material to match the timber accent trusses. The enclosure is 6 ft in height and 80% opaque. The trash enclosure meets performance standards. Per Sheet A1.0, Site Plan, two (2) condensers units are shown on the south side of the building and a transformer pad is shown on the south side of the parking lot. These mechanical equipment components shall be fully screened by coniferous plantings or solid fence. The building will be sprinkled for fire suppression. As stated in the applicant’s narrative, the intention of the entire development is to be a transitional element between the commercial buildings along Hodgson and the residential areas on the west side of the parcel. The aesthetic treatment of the building mass, transitional materials selected and attention to placement of filtering elements all have been designed with a “low key” transition from commercial to residential in mind. 6 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. Page M, the site photometric plan, shows 2 light poles in the parking lot that are 19 ft tall with downlit and cutoff light fixtures. The light poles and fixtures meet ordinance requirements. Off-Street Parking Requirements Per City Code Section 1007.044(6), office buildings require 3 spaces plus at least 1 space per 200 sf of floor area. The building is 2,873 sf which would require 17 stalls. Per Sheet A1.0, the site plan provides 20 parking stalls with one being accessible. Parking requirements are met. Grading Plan and Stormwater Management Per the Site Drainage Narrative and Calculation report dated November 5, 2021 prepared by Plowe Engineering, the existing drainage area is 1.02 acres in size that consists of an existing wetland in the northwest corner of the site. The majority of this runoff in the area (approx. 0.81 acres) enters this wetland while the remaining runoff (approx. 0.21 acres) goes to Blue Heron Drive in the south. Per the preliminary boring logs from Haugo, the site consists of poorly graded sands (SP) and poorly graded sands with silt (SP-SM). Grading throughout the site is performed to direct the majority of the stormwater runoff to the northwest as it currently drains. To treat the runoff, infiltration was evaluated and with the recorded water table of 881.90 (the infiltration area), an infiltration basin with a bottom of 888.50 was designed. The bottom of the basin is chosen so it can achieve the sufficient 3-foot separation from the water table. The proposed stormwater management facility has been reviewed by the City Engineer and RCWD for compliance for water quality treatment and runoff control. These requirements are met with only a few minor revisions required to the civil plans. Public Utilities The new commercial office building will be municipally served by a 10” PVC sanitary sewer and a 16” DIP watermain located along Blue Heron Drive. Tree Preservation and Mitigation Standards Per the November 30, 2021 Environmental 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 7 minimize unnecessary loss of habitat, biodiversity, and forest resources and to replace removed trees in areas where tree cover is most critical. The plan calls for removals of 59 trees, 58 of which will not require mitigation because they are in the Basic Use Area and not in an Environmentally Sensitive Area. One tree is in a Natural Resource Conservation Area and will require 2 mitigation trees to be planted. Preservation and mitigation standards have not been met. 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. 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 27,250 sq.ft. of open space calls for: 14 large trees and 42 large shrubs Provided: 14 large tree equivalents and 0 large shrubs There are 5 existing trees (cottonwoods) that will be credited as 11 large trees. Existing trees are credited at the following rates: 3 large tree equivalents are included in open space landscaping. Siberian elms and trees that were not identified to species will not receive existing tree credit. Open areas landscape standards have not been met. 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. 8 Buffer and/or screen will be required between the parking lot and right-of-way along Hodgson Road and between 6681 Blue Heron Drive and the project site. Also, the buffering shrubs cannot be planted under tree canopy as shown in the landscape plan. The row of plants between the parking lot and right-of-way needs to be a double row of triangulated plants. The row of Techny arborvitae between 6681 Blue Heron Drive and the project site would meet requirements, but they cannot be planted under tree canopy. Buffers and screens as planned do not meet the requirements. Canopy Cover The purpose of this requirement is to mitigate the effects of vehicular hardscape by establishing tree canopy cover to intercept rainfall, protect pavement from sun deterioration, reduce the heat island effect, and improve aesthetics. Canopy cover standards call for a minimum of 40% canopy coverage. Vehicular hardscape planned: 5,800 sq. ft. Canopy cover requirement: 2,320 sq. ft. Canopy cover provided: 1,925 sq. ft. The 3 large trees near the future parking lot add 1,800 sq. ft. of canopy cover. The crabapple near the accessible parking space is worth 125 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 The applicable building faces are the northeast and southeast sides, which are approximately 90 ft. and 40 ft. respectively. The foundation plantings required: Northeast side: 2 large trees and 6 large shrubs Southeast side: 1 large tree and 3 large shrubs The plans indicate: Northeast side: 0 large trees and 3 large shrub equivalents 9 Southeast side: 1 large tree equivalent and 6 large shrubs equivalents The foundation landscape requirements have not been met for the northeast building face. 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. The area at the base of the infiltration basin will be seeded with MN DOT 33-261 stormwater mix. The rest of the site will be turf sod, aside from an area northwest of the infiltration basin that is scheduled for native seeding, though the mix is not specified. Boulevard Trees Boulevard trees are not required for commercial developments; however, several existing and new trees are located along both Hodgson Road and Blue Heron Drive. Signage Separate sign permit applications are required for all permanent monument and wall signs. Sign permit applications are required for all temporary signs as well. There is an existing monument structure in the northeast corner of the site near the intersection of Hodgson Road and Blue Heron Drive that appears to be part of the original 1985 Rice Lake Estates development. This structure was proposed to be removed with the 1996 dentist office proposal and shall be removed with this project. Impervious Surface Coverage This parcel is in the Shoreland District of Rice Lake and the allowed impervious surface coverage is 60%. Sheet A1.0 notes the proposed impervious at 24%. Impervious surface requirements are met. Traffic Study A formal traffic study is not required. Blue Heron Drive is a local road and CSAH 49 (Hodgson Rd) is an A-Minor Expander road. Per the applicant, the new Thrivent Financial building will support 5 advisors and 3 office staff. The number of clients visiting the site ranges from 10-30 per day with an average of 15 per day. Both roads have capacity for a 2,873 sf commercial office building, staff and clients. Alternative Urban Areawide Review (AUAR) The site is not within the 2005 I-35E Corridor AUAR environmental review boundary. No environmental assessment is required for a 2,873 sf commercial office building. 10 Wetlands A wetland delineation report was completed by Jacobson Environmental, PLLC on June 26, 2019. A WCA Notice of Decision was issued by RCWD on August 26, 2021. One 0.015 acre wetland area was delineated within the project area. This wetland meadow/shrub swamp was dominated by reed canary grass (Phalaris arundinacea) and tussock sedge (Carex stricta). No impacts to this wetland are proposed. This wetland is part of the Wetland Management Corridor, so a vegetated buffer with an average of 50 ft. and a minimum width of 25 ft. will be required per Rice Creek Watershed District rules. A minimum 10 ft wide drainage and utility easement is required above the delineated wetland. It does not appear the northwest corner of the wetland is covered by a full 10 ft and this shall be revised. Shoreland District The site is in the Shoreland Management District Overlay of Rice Lake. Rice Lake is categorized as a Natural Environment Lake. Impervious surface coverage for a commercial development cannot exceed 60%. The proposed commercial building is 24% impervious. Required setback from the OHWL is 150 ft. The proposed building is 200+ft from the OHWL. Shoreland district requirements are met. Floodplain There is no FEMA floodplain on site. Additional City and Government Agency Review Comments Anoka County Highway Department Anoka County Highway Department reviewed the final plat and had no concerns. Public Safety Comments Deputy Director L’Allier notes a hydrant shall be located near the Fire Department Connector (FDC). 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 November 30, 2021 meeting. The Board recommended approval with minor revisions required. 11 Planning & Zoning Board The Planning & Zoning Board reviewed the MTO Properties Final Plat on December 8, 2021. One neighborhood resident spoke regarding concerns with additional traffic. The Board recommended approval with a 6-0 vote. City Attorney The City Attorney notes the title commitment shall be updated and it should show MTO Properties LLC as the owner. Also, Item 7 in Schedule B-Part I discusses a potential interest of Lino Lakes Family Dentistry. This interest shall be explained and possibly delete this exception. Agreements Stormwater Maintenance Agreement A Declaration for Maintenance of Stormwater Facilities related to the private stormwater management facilities is required. Development Agreement A Development Agreement will be drafted by the City as it relates to the MTO Properties Addition final plat. Site Improvement Performance Agreement Financial securities as is relates to the Thrivent Financial office building will be collected with the Development Agreement. A separate Site Improvement Performance Agreement is not required. 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 commercial office building is consistent with commercial land use. Housing Plan The goals and policies of Housing Plan are not negatively impacted by the commercial office building. 12 Transportation Plan Goals of the Transportation Plan are to ensure that street and roads are as safe as possible and to reduce unnecessary traffic. CSAH 49 (Hodgson Rd) is an A-Minor Expander and Blue Heron Road is a local road and both have structural capacity to handle the traffic volume of the commercial office building. Sanitary Sewer and Water Supply Plan The new commercial office building will be municipally served by a 10” PVC sanitary sewer and a 16” DIP watermain located along Blue Heron Drive. The existing sanitary sewer and water supply system have capacity for the new development. Findings of Fact The Findings of Fact for MTO Properties Addition Final Plat are detailed in Resolution No. 22- 06 RECOMMENDATION Staff and Boards recommend approval of the final plat and Development Agreement. ATTACHMENTS 1. Resolution No. 22-06 2. Final Plat 3. Resolution No. 22-07 4. Development Agreement 1 CITY OF LINO LAKES RESOLUTION NO. 22-06 RESOLUTION APPROVING THE MTO PROPERTIES ADDITION FINAL PLAT WHEREAS, the City received a land use application for the MTO Properties Addition Final Plat hereafter referred to as Development; and WHEREAS, City st aff has completed a review of the proposed Development based on the following plans and information: • MTO Properties-Thrivent Financial Narrative • Certificate of Survey and Tree Inventory/Removals prepared by EG Rud & Sons dated November 11, 2021 • Civil Plan Set prepared by Plowe Engineering, Inc. dated November 19, 2021 • Architectural Plan Set prepared by Progressive Architecture dated November 12, 2021 • Landscape Plan Set prepared by Calyx Design Group received on November 11, 2021 • Site Drainage Narrative and Calculation prepared by Plowe Engineering dated November 5, 2021 • Soil Borings prepared by Haugo GeoTechnical Services dated November 5, 2021 • Wetland Delineation Report prepared by Jacobson Environmental, PLLC dated June 26, 2019 • Final Plat prepared by EG Rud & Sons received on November 11, 2021; and WHEREAS, the City Council approved the Rice Lake Estates final plat on March 26, 1985; and WHEREAS, the Planning & Zoning Board reviewed and recommended approval of the Development on December 13, 2021; and WHEREAS, the proposed Development is not considered premature and meets the performance standards of the subdivision and zoning ordinance; and NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby makes the following: FINDINGS OF FACT 1. The final plat substantially conforms to the approved preliminary plat subject to the conditions listed below. 2. The City Attorney has reviewed the status of title/property ownership related to the final plat and provided comments as noted below. 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 MTO Properties Addition Final Plat subject to the following conditions: 1. A conservation easement and wetland buffer declaration shall be recorded over the wetland and buffer. 2. A Development Agreement and securities related to the final plat and commercial building are required. 3. A Declaration for Maintenance of Stormwater Facilities related to the private stormwater management facilities is required. 4. Separate sign permit applications are required for all permanent monument/pylon and wall signage. 5. Separate sign permit applications are required for all temporary signage. BE IT FURTHER RESOLVED by the City Council of the City of Lino Lakes hereby approves MTO Properties Addition Final Plat subject to the following items being addressed prior to release of the mylars: 1. All comments from the City Engineer letter dated December 1, 2021 shall be addressed. 2. All comments from the Environmental Coordinator Memo dated November 30, 2021 shall be addressed. 3. All comments from the Anoka County Highway Department dated December 21, 2021 shall be addressed. 4. The applicant shall draft a Declaration for Maintenance of Stormwater Facilities for the private stormwater maintenance facility. 5. A conservation easement and wetland buffer declaration shall be drafted for City review and comment. a. The documents shall include both RCWD and the City of Lino Lakes as parties. 6. The Site Drainage Narrative and Calculations Report shall include the name of company and professional engineer that wrote it. 7. All applicable plan sheets: a. Plan sheets note a 10ft wide trail on the southeast corner of the site. Please confirm if this is actually a trail. If it is not, please remove the comment from all sheets. 8. Sheet T0, Title Page: a. The 10ft wide trail shall be shown as a removal if it actually exists. b. The monument structure at the northeast corner of the site near the intersection of Hodgson Road and Blue Heron Drive shall be removed. 9. Final Plat a. A drainage & utility easement is required 10ft beyond the stormwater management facility’s 100-year storm high water level elevation. 3 b. The drainage & utility easement shall be at least 10ft beyond the delineated wetland boundary. c. The drainage & utility easement over the wetland shall not cut through the side yard easements. 10. Sheet A1.0, Site Plan: a. The Site Plan notes 10,731sf of hardcover and the Drainage Plan notes 10,873 sf. These notes shall be consistent. b. The building setback shall be measured from the Roadway Easement line. 11. Sheet A2.1, Floor Plan: a. The Fire Department Connection (FDC) shall be shown on the floor plan. 12. Sheet C2, Utility Plan: a. The Fire Department Connection (FDC) shall be shown on the building. b. A fire hydrant near the FDC shall be provided. 13. Sheet L.1, Landscape Plan: a. Callout boxes with species and plant count shall be included for all plantings. b. All ground mounted mechanical equipment components (transformer and HVAC units) shall be fully screened by coniferous plantings or solid fence. c. A 6 ft high fence may be required along the south side of the parking lot if the required canopy cover trees and proposed buffer row conflict. d. The Landscape Plan shall be dated. 14. Title Commitment: a. The title commitment shall be updated to within 3 months of recording. b. MTO Properties LLC shall be listed as the owner or deed recording order shall be explained. c. The interest in Lino Lakes Family Dentistry as noted in Item 7 in Schedule B-Part I shall be explained and deleted if not needed. Adopted by the Council of the City of Lino Lakes this 10th day of January, 2022. 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. 22-07 RESOLUTION APPROVING DEVELOPMENT AGREEMENT FOR MTO PROPERTIES ADDITION WHEREAS, the City Council approved the final plat for MTO Properties Addition with Resolution No. 22-06 on January 10, 2022; 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 MTO Properties LLC and the City of Lino Lakes for MTO Properties 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 10th day of January, 2022. 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 MTO Properties Addition THIS AGREEMENT is made this _____ day of ____________, 2022, by and between the City of Lino Lakes (“City”), a Minnesota municipal corporation, and MTO Properties (“Developer”). 1. Final Plat Approval. The City’s approval of the final plat of MTO Properties Addition is contingent upon execution and delivery of this agreement, all required petitions, bonds, security, and other documents required by the City, and satisfaction of all conditions of approval required by Resolution No. 22-06. The Final Plat is attached hereto as Exhibit A. 2. 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. MTO Properties Addition Final Plat containing 1 sheet, prepared by E.G. Rud & Sons, Inc., revised November 11, 2021, received November 11, 2021. ii. MTO Properties Addition Civil Construction plan set containing 6 sheets, dated November 19, 2021, prepared by Plowe Engineering, Inc., received November 19, 2021. 3. Permits. The Developer shall be responsible for securing all site grading and development approvals and all other required permits from all appropriate Federal, State, Regional and Local jurisdictions prior to the commencement of site grading or construction and prior to the City awarding construction contracts for public improvements. 4. Developer Improvements. The Developer shall secure a contractor to install the improvements described in this paragraph, or otherwise required herein to be installed by Developer, hereinafter referred to as the “Developer Improvements,” which contractor shall be approved by the City in its absolute and sole discretion. The Developer Improvements shall be constructed per the City Standard Specifications for Construction dated February 2021 or current version. MTO Properties Addition Development Agreement January 10, 2022 page 2 The cost of Developer Improvements is as shown on Exhibit B attached hereto. All Developer Improvements shall require City inspection and approval and, where appropriate, the approval of any other governmental agency having jurisdiction. The Developer shall construct and install at the Developer's expense the following improvements according to the following terms and conditions: a. Site Grading i. No grading shall commence until all requirements of the Rice Creek Watershed District (RCWD) have been satisfied. ii. All site grading shall be conducted in accordance with the grading plan as approved by the City and in accordance with NPDES and RCWD requirements. The Developer shall perform the work in accordance with a Storm Water Pollution Prevention Plan (SWPPP) pursuant to Minnesota Pollution Control Agency (MPCA) requirements. b. Grading and Erosion Control i. The Developer shall grade the site to within 0.2 foot of the grades shown on the approved grading plan. No deviations will be allowed unless a revised plan is submitted and approved in writing by the City and all other regulatory agencies. ii. The street right-of-way, storm water storage ponds, and surface water drainage ways shall be graded prior to commencement of utility construction. Four inches of topsoil and a City approved seed mix shall be installed within disturbed areas, and seed mix information shall be provided to the City. iii. The Developer shall be responsible for ascertaining that site geotechnical and groundwater conditions are adequate and conforming with the grading and site improvement as proposed. The Developer shall provide testing from an approved testing company. iv. The Developer’s engineer shall certify in writing, with an as-built survey, that all grading complies with the approved grading plan prior to issuance of any building permits. v. The Developer shall promptly clear dirt and debris within public rights-of- way and drainage and utility easements resulting from construction by the Developer, its purchasers, builders and contractors within five (5) days after notification by the City. The Developer shall be responsible for all necessary street and storm sewer maintenance, including street MTO Properties Addition Development Agreement January 10, 2022 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. Street restoration and parking lot grading, subbase, gravel base, concrete curb and gutter, and bituminous base course and wear course shall be furnished and installed. d. Sidewalks and lighting shall be installed within 6 months of the bituminous base course. Extensions may be approved by the City Engineer, due to weather conditions, upon receipt of a written request in writing by the Developer to the City. In no case shall such extension extend beyond one year from the date of installation of bituminous base course. e. Storm sewers, when determined to be necessary by the City Engineer, including all necessary laterals, catch basins, inlets and other appurtenances, shall be furnished and installed. f. Sanitary sewer laterals and all necessary building services and other appurtenances, shall be furnished and installed. g. Water mains, laterals and all necessary building services, hydrants, valves and other appurtenances, shall be furnished and installed. h. The Developer shall place iron monuments at all lot, block, and outlot corners and at all other angle points on boundary lines consistent with the final plat. Iron monuments shall be placed after all street and lawn grading has been completed in order to preserve the lot markers for future property owners. Lot corner irons on the back property line shall be installed so that the top of the iron corresponds to the finished ground elevation in accordance with the approved grading plan. Guard stakes shall be appropriately installed to mark these irons. i. Landscaping shall be furnished and installed in accordance with the approved plans. The landscaping shall be maintained by the Developer until accepted by the City’s Environmental Coordinator. Developer shall be responsible for vegetative restoration of ponding areas, outlots, wetland mitigation areas, and other native planting areas identified on the plans in accordance with City Standard Specifications for Construction. MTO Properties Addition Development Agreement January 10, 2022 page 4 Developer shall provide a contract with a qualified firm for the establishment and maintenance of all open space / native plant areas. Said contract shall cover a minimum of the 3 year establishment period, from the date of planting. j. The Developer shall arrange for all gas, telecommunications, cable, internet, electric, and other necessary private utility services to the Subdivision in accordance with City Code and State law. The Developer is solely responsible for the cost of private utility and internet installation. k. The Developer shall install mailboxes in accordance with Federal and Postal Service regulations. l. The Developer shall install conservation easement signs per City standard detail plates prior to the issuance of building permits. 5. Time of Performance. The Developer shall install all required improvements enumerated in Paragraph 6 by November 30, 2022. The Developer may request a reasonable extension of time from the City. If the extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 6. City Improvements. No City installed improvements are proposed to be constructed for this subdivision. 7. Record Drawings. a. Upon project completion, Developer shall submit record drawings, in electronic format, of all public and private infrastructure improvements, including grading, sanitary sewer, watermain, and storm sewer facilities, constructed by Developer. The files shall be drawn in Anoka County NAD 83 Coordinate system and provided in both AutoCAD .dwg and Adobe .pdf file formats. The plans shall include accurate locations, dimensions, elevations, grades, slopes and all other pertinent information concerning the complete work. b. The Developer shall submit certified compaction testing results for the site grading operations that certify that grading work meets pertinent compaction requirements for the project. c. A summary of the record plan attribute data for the storm sewer, watermain, and sanitary sewer structures and pipes shall be submitted in the form of an Excel Spreadsheet as provided by the City Engineer. d. No securities will be fully released until all record drawings have been submitted and accepted by the City Engineer. MTO Properties Addition Development Agreement January 10, 2022 page 5 8. 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 thirty-five (35%) percent of the total estimated cost of Developer's Improvements as determined by the City Engineer. b. Irrevocable Letter of Credit. If an Irrevocable Letter of Credit is utilized, it shall be for the exclusive use and benefit of the City of Lino Lakes and shall state that it is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Agreement and construction of all required improvements referenced therein in accordance with the ordinances and specifications of the City. The letter shall be in a form, and from a bank, as approved by the City. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this agreement. The Irrevocable Letter of Credit shall be automatically extended for additional periods of one year from present or future expiration dates on an annual basis, unless at least sixty (60) days prior to the expiration date, the Community Development Director and City Engineer, are notified by certified mail or overnight courier, that the Letter of Credit will not be extended. c. 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. 9. Warranty. The Developer warrants all utility work required to be performed by it against poor material and faulty workmanship for a period of two years after its completion and acceptance by the City. All new streets shall be warranted by the developer for a period of one year from the time the final inspection of the street is completed and accepted by the City Council. All trees, grass and sod shall be warranted to be alive, of good quality and disease free for 12 months after planting. Prior to final acceptance of the Developer Improvements the City shall require a Surety Bond or Cash Escrow to cover the warranty provisions of this Agreement. The amount shall be 20 % of the original cost of construction identify in Schedule B. 10. 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. MTO Properties Addition Development Agreement January 10, 2022 page 6 11. Ownership of Improvements. Not Applicable. 12. 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. 13. Escrow for City’s Costs. a. The Developer agrees to establish a non-interest bearing escrow account with the City in an amount determined by the City Administrator or their designee for the payment of all costs incurred by the City related to the development of the Subdivision including, but not limited to, the following (See Exhibit B for breakdown of costs): i. Planning/ Review ii. Administration - 3% of Developer Improvement Costs iii. City Engineering and Legal iv. Street lighting installation (Not Applicable) v. Traffic signing improvements (Not Applicable) vi. Boulevard tree planting vii. Street, storm sewer and pond maintenance viii. Property Taxes. Should the recording of the Final Plat occur after July 1st, any and all property taxes on any public property dedicated as a part of this plat shall be the responsibility of the Developer. b. If the above escrow amounts are insufficient, the Developer shall make such additional deposits as required by the City. The City shall have a right to reimburse itself from the Escrow with suitable documentation supporting the charges. 14. Developer Fees. At the time of execution of this Agreement, the Developer shall pay the following fees related to the development of the Subdivision (See Exhibit B for breakdown of costs): a. Park Dedication MTO Properties Addition Development Agreement January 10, 2022 page 7 The Park Dedication Fee for this site is calculated as follows: 1.02 acres x $2,520 per acre = $2570.00 b. GIS Mapping Fees c. 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. Commercial/Industrial/Institutional (CII) trunk charges are based on a factor of 2.92 units per acre. Sanitary Sewer $1,630.00 Per Unit Availability Charge Commercial/Industrial/Institutional availability charges shall be paid at the time of building permit. Fees are based on the number of sanitary access charge (SAC) units assigned by Metropolitan Council Environmental Services (MCES). City Sewer (CSAC) $1,525.00 Per SAC Unit Trunk sewer unit charges addressed under this paragraph are in addition to any SAC charges imposed by Metropolitan Council Environmental Services. An estimate of the total charge and the trunk utility credit for developer installed trunk oversizing is specified in Exhibit B. d. 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. Commercial/Industrial/Institutional (CII) trunk charges MTO Properties Addition Development Agreement January 10, 2022 page 8 are based on a factor of 2.92 units per acre. Water $2,341.00 Per Unit Availability Charge Commercial/Industrial/Institutional availability charges shall be paid at the time of building permit. Fees are based on the number of sanitary access charge (SAC) units assigned by Metropolitan Council Environmental Services (MCES). City Water (CWAC) $1,473.00 Per SAC Unit An estimate of the total charge and the trunk utility credit for developer installed trunk oversizing is specified in Exhibit B. e. Surface Water Management Area Charges The City established a trunk area charge to uniformly distribute the costs of public trunk surface water infrastructure and water quality improvements. The Surface Water Management Charge shall be based on developable acreage, in the amount specified in Exhibit B. The charge shall be paid at the time of subdivision approval. 15. Assessment of Charges and Waiver of Rights. a. In consideration of the construction of City Improvements listed in Paragraph 8 and /or provision of sewer, water and storm water services, the Developer agrees that the costs of City Improvements together with Trunk Sewer Unit Charge, Trunk Water Unit Charge and the Surface Water Management Area Charge (collectively, “the Charges”) may be assessed against the Subdivision parcels. The Developer hereby waives any and all procedural and substantive objections to the special assessments, including notice and hearing requirements, any claim that the assessments exceed the benefit to the properties, and any right to appeal. b. Unless the Developer pays the entire balance owed for the Charges contemporaneously with the execution of this Agreement, the Developer shall provide to the City a cash escrow or irrevocable letter of credit in an amount equal to 35% of the total assessments for the Charges as estimated by the City Engineer (see Exhibit B). The letter of credit shall be in a form, and from a bank, as approved by the City. The letter of credit or cash escrow may be used by the City upon default by Developer in the payment of special assessments. The cash escrow or letter of credit shall remain in place throughout the term of the special MTO Properties Addition Development Agreement January 10, 2022 page 9 assessments. The letter of credit may not be terminated without the City’s written consent. c. Developer, its heirs, successors or assigns, agrees that within 30 days after the date of sale of a lot, the Developer, its heirs, successors or assigns, at its own cost and expense, shall pay the entire unpaid charges assessed or to be assessed under this Agreement against such property. d. If a certificate of occupancy is issued before the special assessments have been levied, the Developer, its heirs, successors or assigns shall pay the City the sum of cash equal to 120% of the Engineer's estimate of the special assessments for such Charges that would be levied against the property. Upon such payment the City shall issue a certificate showing the assessments are paid in full. Notwithstanding the issuance of said certificate, the Developer shall be liable to the City for any deficiency and the City shall pay the Developer any surplus arising from the payment based upon such estimate. e. Acceleration of Special Assessments upon Default. In the event the Developer violates any of the covenants, conditions or agreements herein, violates any ordinance, rule or regulation of the City, County of Anoka, State of Minnesota or 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. MTO Properties Addition Development Agreement January 10, 2022 page 10 16. Building Permits. A building permit shall not be issued until after execution of this agreement and receipt of all securities required herein, and review and approval of building permit application by the Building Official. 17. Special Provisions. a. A conservation easement and wetland buffer declaration shall be recorded over the wetland and buffer. b. A Declaration for Maintenance of Stormwater Facilities related to the private stormwater management facilities is required. c. Separate sign permit applications are required for all permanent monument/pylon and wall signage. d. Separate sign permit applications are required for all temporary signage. 18. 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 19. Insurance. Developer or its general contractor shall take out and maintain until one year after the City accepted the Developer Improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's or general contractor’s work, as the case may be, or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than Five Hundred Thousand and no/100 ($500,000.00) Dollars for one person and Two Million and no/100 ($2,000,000.00) Dollars for each occurrence; limits for property damage shall be not less than One Million and no/100 ($1,000,000.00) Dollars for each occurrence; or a combination single limit policy of Two Million and no/100 ($2,000,000.00) Dollars or more. The City, its employees, its agents and assigns shall be named as an additional insured on the policy, and the Developer or its general contractor shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. 20. Developer’s Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, including but not limited to attorney and engineering fees, provided the Developer is first given notice of the work in default, not less than 48 hours in advance. This MTO Properties Addition Development Agreement January 10, 2022 page 11 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. 21. General. a. Binding Effect The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land, unless otherwise released pursuant to section 14 of this Agreement. b. Validity. If a portion, section, subsection, sentence, clause, paragraph or phrase in this agreement is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Development Agreement. c. Notices Whenever in this Agreement it shall be required or permitted that notice or demand be given or served by either party to this Agreement to or on the other party, such notice or demand shall be delivered personally, or mailed by United States mail to the addresses below, or sent by email to the email address below. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above or when emailed. The addresses of the parties are as set forth until changed by notice given as above. MTO Properties Attn: Ben Ollila 3747 White Bear Avenue North White Bear Lake, MN 55110 EMAIL Community Development Director City of Lino Lakes MTO Properties Addition Development Agreement January 10, 2022 page 12 600 Town Center Parkway Lino Lakes, MN 55014 mgrochala@linolakes.us MTO Properties Addition Development Agreement January 10, 2022 page 13 IN WITNESS WHEREOF, the City and the Developer have caused this Development Agreement to be executed in their respective corporate names by their duly authorized officers, all as of the date and year first written above. CITY OF LINO LAKES By _________________________ Mayor ATTEST By _________________________ City Clerk STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) This instrument was acknowledged before me on ________ day of ____________, 2022, 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 ____________, 2022, by Julianne Bartell as City Clerk of the City of Lino Lakes on behalf of said City. _______________________________ Notary Public MTO Properties Addition Development Agreement January 10, 2022 page 14 THIS PAGE INTENTIONALLY LEFT BLANK MTO Properties Addition Development Agreement January 10, 2022 page 15 Execution page of the Developer to the Development Agreement, dated as of the date and year first written above. DEVELOPER By ______________________ Its ______________________ STATE OF MINNESOTA ) ) SS COUNTY OF __________ ) On this _______ day of _______________, 2022, before me, a Notary Public within and for said County, personally appeared ____________, partner_ of Rehbein Properties, a Minnesota partnership (Developer), who executed the foregoing instrument on behalf of the partnership. ______________________________ Notary Public This instrument was drafted by: City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 MTO Properties Addition Development Agreement January 10, 2022 page 16 CONSENT AND SUBORDINATION _____________________________, the holder of a mortgage dated ___________________, filed for record with the County Recorder, Anoka County, Minnesota, on _________________, as Document No. _____________________, hereby consents to the recording of this Development Agreement and agrees that its rights in the property affected by the Development Agreement shall be subordinated thereto. IN WITNESS WHEREOF, __________________, has caused this Consent and Subordination to be executed this _____ day of ______________, 2022. ______________________________________ By: Its: STATE OF MINNESOTA ) ) SS COUNTY OF __________ ) On this _______ day of _______________, 2022, before me, a Notary Public within and for said County, personally appeared _______________________, who executed the foregoing instrument. ______________________________ Notary Public MTO Properties Addition Development Agreement January 10, 2022 page 17 EXHIBIT A Final Plat MTO Properties Addition Development Agreement January 10, 2022 page 18 EXHIBIT B Securities, Escrows & Fees 1/5/2022 EXHIBIT B Securities, Escrows & Fees PROJECT: Thrivent Financial NUMBER OF REU's:TBD APPLICANT: MTO Properties NO. OF LOT FRONTAGES 1 AREA (ACRES):1.02 IMPROVEMENTS COST DEVELOPER IMPROVEMENT COSTS (Private) SITE GRADING $8,272 EROSION CONTROL $3,923 LANDSCAPING $45,000 LIGHTING $6,000 PARKING LOT $50,157 STORM SEWER CONST.$3,516 SANITARY SEWER CONST.$5,252 WATERMAIN CONST.$5,460 ENGINEERING AND SURVEY $5,000 Total $132,580 Letter of Credit Amount X 35%$46,403 ESCROW for CITY'S COSTS PLANNING/ REVIEW $2,000 ADMINISTRATION $3,980 ENGINEER PLAN REVIEW $2,200 ENGINEER CONSTRUCTION SERVICES $3,720 PROJECT FINAL DOCUMENTS & CITY ENGINEER $2,600 STREET LIGHT INSTALLATION $0 STREET & STORMWATER MAINTENANCE $1,500 PROPERTY TAXES $0 TRAFFIC AND SIGNING IMPROVEMENTS $0 BOULEVARD TREE PLANTING $0 Total $16,000 DEVELOPMENT FEES PARK DEDICATION $2,570 PARK DEDICATION CREDIT $0 Subtotal Park Dedication Fee $2,570 AUAR $0 GIS MAPPING FEE $90 STREET LIGHTING OPERATION $0 Total $2,660 TRUNK SANITARY SEWER TRUNK CHARGE PER (ACRE OR UNIT)$4,855 AVAILABILITY CHARGE PER SAC UNIT Collect w/ Building Permit TRUNK SANITARY SEWER CREDIT $0 TRUNK WATERMAIN TRUNK CHARGE PER (ACRE OR UNIT)$6,972 AVAILABILITY CHARGE PER SAC UNIT Collect w/ Building Permit TRUNK WATERMAIN CREDIT $0 TOTAL TRUNK SEWER & WATER FEES $11,827 SURFACE WATER MANAGEMENT $11,294 SURFACE WATER MANAGEMENT CREDIT $0 TOTAL SURFACE WATER MANAGEMENT FEES $11,294 Total $23,121 SUMMARY OF SECURITIES, ESCROW & FEES SECURITY: DEVELOPER IMP'MENT COSTS $46,403 ESCROW FOR CITY COSTS $16,000 DEVELOPMENT FEES $2,660 SECURITY: TRUNK FEES $23,121 MTO Properties-Thrivent Financial City Council January 10, 2022 Land Use Application•Final Plat •Lot 1, Block 1, MTO Properties Addition •1 acre lot •Site and Building Plan Review •2,873 sf commercial office building •Thrivent Financial 2 •1 acre site •CSAH 49 (Hodgson Rd) •Blue Heron Drive 3•Vacant commercial land •1 wetland •Relatively flat •Residential development •Park/Open Space to west Site Location Map Park/Open Space History•Site is legally described as Outlot A, Rice Lake Estates •Platted in 1985 and zoned for commercial development •Original commercial concept was a convenience store •1996: Council approved a site plan and CUP for Lino Lakes Family Dentistry to build a dentist office •Project never moved forward 4 Zoning and Land Use•Parcel is zoned NB, Neighborhood Business District. •Allows for office business-general as a permitted use. 5 6 •1985 Rice Lake Estates Final Plat •Outlot A 7 Final Plat Parcel Acres Purpose Lot 1, Block 1 1.02 Commercial Building 8 •2,873 sf commercial building for Thrivent Financial •Setbacks are met •35ft from residential to the south is required and met •Screen condensers and transformer pad •Trash enclosure requirements are met •Parking stalls required = 17 stalls. 20 parking stall proposed. •Existing monument structure shall be removed. Site Plan 9 •Exterior materials = hardi-plank lap board siding, shingles, glass, EFIS, standing seam metal roof, and wood timbers •Color palette consists of earth tone pearl gray, black oak, off white and ebony. •Building height = 23’ < 35’ max allowed •Exterior materials meet ordinance requirements for material types, color and % 10 Stormwater Management •Side yard drainage •Infiltration basin in rear Wetlands •0.015 acres •50ft WMC buffer •No wetland impacts 11 Landscape Plan •Env Coor. and Env Board reviewed •Open Area •Buffer & Screen •6ft fence or landscape screen btn residential •Canopy Cover •Foundation Plantings •Few revisions required Additional Comments •Impervious Surface = 24% •Max. allowed is 60% for Shoreland District •Public Land Dedication 12 MTO Properties Addition 1.02 acres x $2,520 per acre =$2,570.40 Findings of Fact-Res. No. 22-061.The final plat substantially conforms to the approved preliminary plat subject to the conditions listed below. 2.The City Attorney has reviewed the status of title/property ownership related to the final plat and provided comments as noted. 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. 13 Planning & Zoning Board•December 8, 2021: P&Z reviewed the MTO Properties Final Plat and Site Plan •One neighborhood resident spoke regarding concerns with additional traffic. •Board recommended approval with a 6-0 vote. 14 Council ConsiderationMTO Properties Addition Final Plat •Consider Resolution No. 22-06 Approving Final Plat •Consider Resolution No. 22-07 Approving Development Agreement 15 CITY COUNCIL AGENDA ITEM 6C STAFF ORIGINATOR: Michael Grochala, Community Development Director MEETING DATE: January 10, 2022 TOPIC: Consider Resolution No. 22-08, Authorizing NE 35E Master Plan VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting authorization to enter into a professional services agreement with WSB and Associates to prepare a Master Plan for the NE 35E Development Area. BACKGROUND The NE quadrant of 35E and Main Street has been the focus of a number of planning and infrastructure projects over the past 10 years. These projects included: § 2012 The Northeast Drainage Area study to develop a drainage route for future storm water management. § 2018 Comprehensive Plan amendment establishing a business park land use district and extending utility staging. § 2019 The City evaluated trunk utility needs and conceptual layouts for the Otter Lake Road extension. § 2020 I-35E Corridor AUAR was updated in 2015 and 2020. § 2021 The City completed the drainage outlet to Peltier Lake, completing the new drainage system from 35E to Peltier Lake. § 2021 Winter Wetland bank evaluation was started. § 2022 The drainage extension under 35E is planned to be constructed. In addition, staff is currently working on subwatershed trunk drainage improvements to service the land east of 35E and completing wetland delineations as part of the planning for Otter Lake Road. Because much of the infrastructure planning is interrelated, staff is proposing to complete a master plan covering approximately 400 acres lying north of Main Street and east of 35E. The purpose of the plan would be to determine a preferred alignment of Otter Lake Road, create a regional stormwater plan and routing for the area, determine sanitary sewer and water routing, and obtain land and engineering information necessary to apply for various federal funding grant opportunities made available by the American Rescue Plan Act (ARPA). WSB and Associates provided a proposal to complete the study in the amount of $39,500. Funding will be provided from several sources including: MSA fund $15,000 Planning & Zoning contracted services $ 7,000 Area and Unit fund $10,000 Surface Water Management fund $ 7,500 Total $39,500 RECOMMENDATION Staff is recommending approval of Resolution No. 22-08. ATTACHMENTS 1. Resolution No. 22-08 2. WSB Proposal CITY OF LINO LAKES RESOLUTION NO. 22-08 RESOLUTION AUTHORIZING THE PREPARATION OF THE NE 35E AREA MASTER PLAN WHEREAS, the has guided property in the NE quadrant of 35E and Main Street for commercial and industrial land uses; and WHEREAS, transportation, storm water, sanitary sewer and municipal water infrastructure is necessary to facilitate development; and WHEREAS, the City finds that is necessary to evaluate roadway alignment alternatives, establish a regional drainage system, and efficiently serve the area with municipal utilities; and WHEREAS, WSB and Associates has submitted a proposal to prepare a master plan for the area, NOW, THEREFORE BE IT RESOLVED by the City Council of The City of Lino Lakes: That the NE 35E Master Plan Study is hereby ordered and WSB and Associates is directed to prepare the study in an amount of $39,500. Adopted by the Council of the City of Lino Lakes this 10th day of January, 2022. 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 S:\Community Development\Projects\Planning Studies\Otter Lake Road Extension\Agreements\Master Plan\20220104 Proposal Revised\January 4 proposal.docx 701 XENIA AVENUE S | SUITE 300 | MINNEAPOLIS, MN | 55416 | 763.541.4800 | WSBENG.COM January 4, 2021 Mr. Mike Grochala City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 Re: Otter Lake Road Extension/Industrial Master Plan Dear Mr. Grochala: Thank you for the opportunity to submit a proposal to the City of Lino Lakes for a master plan for the approximate 400 acres north of County Road 14 encompassing the Otter Lake Road alignment. WSB has one of the largest Community Planning groups in Minnesota, and we have significant experience in multiple small area plans, which makes us a leader in the creation of comprehensive and implementable master plans. WSB’s long term relationship with Lino Lakes provides us with extensive knowledge of past and ongoing City development projects and we are uniquely qualified to assist with your master planning effort. Understanding Lino Lakes is planning for development of an industrial park within a 400 acre area located north of County Road 14 (Main Street) and south of County Road 140 (80th Street). The industrial park would include the extension of Otter Lake Road on a north-south alignment. All acreage is zoned R-BR (Rural-Business Reserve) with three different land uses: Commercial, Business Campus and Office/Residential. The City has been working closely with the WSB team on water resources/engineering challenges on this site (in the North East Drainage Area) (NEDA) for some time. WSB staff has extensive knowledge of the development challenges for this site and how it fits into the water resources management needs of the greater NEDA. WSB understands that stormwater rate control and flood storage will be handled regionally but that volume control requirements at the site level will need to be examined. The water resources effort for this will include 1) a feasibility level evaluation of the options for achieving volume control requirements following RCWD sequencing including a review of reuse opportunities and 2) an analysis of conveyance options from the site for connection to the planned regional facility. In addition, the opportunity for augmentation of regional rate and flood control facilities at this site will be reviewed. WSB is proposing to create a plan for this area that accounts for road alignment (Otter Lake Road extension and other local street connections and alignments), utilities (storm, water and sanitary), land use designations and lot sizes. The deliverables will be a Master Plan document in a PDF format that includes a description of the preferred development scenario/road alignment that also includes land uses and commercial/industrial/institutional building square footages and lot sizes; allowing for flexibility to react to the market. You will see that the scope of this proposal also includes preparation of a federal EDA grant application as requested. An optional add-on for this process will be a marketing plan that includes economic development incentives, potential funding sources, marketing opportunities and incorporates the information from the Business Retention and Expansion Program to encourage continued growth and development. Scope 1. Assemble and review background materials/Data Analysis: $0 This phase will focus on data gathering and review, which will form the basis for the rest of the plan. Our review will include: • Comprehensive plan • Relevant sections of the zoning ordinance • Infrastructure information • Comprehensive Drainage Map • Storm Water Analysis This portion of the project will be provided at no cost as WSB currently has all pertinent information to review and analyze. 2. Scenario Preparation: $11,400 WSB staff will compile all relevant utility, drainage, land use/zoning, and transportation information into three different draft scenarios that depict the following: • Potential road alignments of Otter Lake Road and other local street connections/extensions. • Land uses according to the current comprehensive plan. • Zoning as proposed for the current land uses. • Storm water volume control BMP’s and conveyances to the regional system. • Boundaries of the potential wetland bank and details of such bank. • All local utilities. • Potential lot sizes according to current industrial trends and/or ordinance requirements. • Circulation patterns around building pads/lots and within the industrial areas. 3. Meetings/Scenario Refinement: $5,500 WSB staff will meet with City staff to determine two preferred scenarios according to the information provided in #2 above. The following meetings are accounted for in this proposal: • WSB/City Staff kick off meeting to discuss process and goals • WSB/City Staff meeting: to discuss scenarios and next steps. • WSB/City Staff/Stakeholder meeting: to present options to property owners and other stakeholders. • WSB/City Staff/City Council workshop: to discuss scenarios and next steps. • WSB/City Staff meeting: workshop follow-up. 4. Sequencing Analysis: $9,700 The city initiated a discussion with the USACE and WCA LGU in 2014 for the extension of Otter Lake Road and anticipated wetland impacts. At that time, the agencies requested additional information related to the project purpose, need, and design alternatives. This task will involve coordination with the agencies to identify a preferred alignment alternative and obtain sequencing approval. This will include up to 2 meetings with the TEP and USACE, development of the purpose and need, and evaluation of 2 alignment alternatives (2014 alternative and alternative developed through this process) and the no build alternative. This scope does not include obtaining wetland impact approvals from either agency. If a project moves forward, and approvals from the agencies are required, WSB will bill the project under a separate contract at an hourly rate. As part of the master plan process, the final roadway alignment will need to be determined. The verification of the proposed roadway alignment and updated construction cost estimates will be provided. (Final surveys and construction plans would be provided under a separate contract.) 5. Federal EDA Grant Preparation: $5,000 In tandem with the small area study process and based upon the outcome of the discussions, WSB will identify potential funding sources (e.g., Federal EDA Grants) and provide information and preliminary application materials. Applications that require the development of additional information (e.g., ALTA Surveys, Phase 1 Environmental report, etc.) would be billed separately after approval from the city and Staff. 6. Master Plan Preparation: $6,900 Once the final scenario is determined, WSB will create the Master Plan for the area that includes the following: • Area Profile: with an existing conditions report using information from the data analysis phase of this process. Exhibits on storm water, existing utilities, wetlands and existing land use and zoning to be provided. • Land use/Zoning Discussion: o Potential land uses for the project area. o Development pattern and scale—including lot sizes, road connections and circulation patterns. o Connections between the project area and surrounding land uses. o Scenario layouts will be prepared as exhibits as discussed in previous meetings. • Transportation analysis would include a written document that explains proposed circulation and transportation needs for the site. • Implementation program: o Recommend ordinance/land use changes to implement the plan. o Other zoning ordinance changes. o Recommend any other actions regarding utilities/wetland banking that need to be addressed to progress to the development stage. 7. Master Plan approval: $1,000 During the final step, WSB will work with staff to bring the Plan through the approval process. This phase will include meetings with the Planning Commission and City Council. Cost Proposal: WSB proposes to complete the above process for a not-to exceed amount of $39,500 Timeline: The plan will be completed within six months of execution of the contract. This time frame does not include the approval process with the City Council. As mentioned earlier, WSB could also offer a marketing package for the site. This package could include incentives for development, potential funding sources, promotional activities, implementation of BRE program information and other opportunities for the city to encourage development of the area. The cost of the marketing package would be developed and completed under a separate agreement based on the scenario for the development Again, thank you for considering WSB to complete the Otter Lake Road Extension/Industrial Master Plan for the City of Lino Lakes. If you have any questions or comments regarding the information that is included with this letter, please contact me at 612.364.3029. I look forward to working with you! Sincerely, Lori Johnson Senior Professional Community Planner