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Home My WebLink About08-08-2022 City Council PacketUpdated 81512022 1. 2. 3. 'Al NOW.r CITY COUNCIL AGENDA Monday, August 8, 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, 6:00 P.M. Council Chambers (not televised) 1. Review Regular Agenda CITY COUNCIL MEETING, 6:30 P.M. ➢ Call to Order and Roll Call ➢ Pledge of Allegiance ➢ Open Mike / Public Comment (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, Kevin Tracy CONSENT AGENDA A) Consider Approval of Expenditures for August 8, 2022 B) Consider Approval of July 25, 2022 Work Session Minutes C) Consider Approval of July 25, 2022 Council Meeting Minutes D) Consider Approval of Resolution 22-81, Lino Lakes Community Festival, Lino Lakes Chain of Lakes Rotary E) Consider Approval of Resolution 22-82, Quad Area Community Family Fun Festival F) Consider Approval of Resolution 22-83, City of Lino Lakes Blue Heron Days Parade and Festival G) Consider Resolution No. 22-84, Offering Support to Anoka County to Expand Broadband Services in the City of Lino Lakes FINANCE DEPARTMENT REPORT No Report ADMINISTRATION DEPARTMENT REPORT A) Consider Approval of Appointment of Building Maintenance and Custodial Supervisor, Meg Sawyer Council Agenda -2- 4. 5. 6. 7. B) Consider Approval of Appointment of Community Development Administrative Assistant, Meg Sawyer C) Consider Approval of Appointment of Parks Maintenance Worker, Meg Sawyer D) Consider Approval of Appointment of Office Specialist, Meg Sawyer E) Consider Approval of Appointment of Police Sergeant, John Swenson F) Consider Approval of Appointment of Fire Lieutenant, John Swenson G) Consider Approval of Appointment of Fire Lieutenant, John Swenson H) Consider Approval of Appointment of Police Officer Position, John Swenson PUBLIC SAFETY DEPARTMENT REPORT A) Consider Approval of Sale of Decommissioned Fire Apparatus (Al 1), John Swenson PUBLIC SERVICES DEPARTMENT REPORT A) Consider Approval of Resolution No. 22-86, Approving Change Order No.2, Water Tower No. 2 Rehabilitation Project, Justin Williams COMMUNITY DEVELOPMENT REPORT A) Consider Approval of Resolution No. 22-85 Authorizing Distribution for Public Comment for Robinson Sod Farm EAW, Michael Grochala B) Consider Approval of Resolution No. 22-74 Approving Lot Combination Variance for 6966 and 6970 Lake Drive, Katie Larsen C) Otter Crossing 2nd Addition, Katie Larsen i) Consider Resolution No. 22-76 Approving Final Plat ii) Consider Resolution No. 22-77 Approving Development Agreement D) Watermark 5th Addition, Katie Larsen i) Consider Resolution No. 22-78 Approving PUD Final Plan/Final Plat ii) Consider Resolution No. 22-79 Approving Development Agreement and Planned Unit Development Agreement iii) Consider Resolution No. 22-80 Approving Open Space Easement E) Consider Approval of Resolution No. 22-71, Order Project, Approve the Plans and Specifications and Authorize the Ad for Bid, 2022 I35E Pipe Crossing Project, Diane Hankee F) Consider Approval of Resolution No. 22-75, Approving Payment No. 9 and Final, NE Drainage Area Improvement Project, Diane Hankee UNFINISHED BUSINESS None Council Agenda -3- 8. NEW BUSINESS None Adjournment Following adjournment of the regular council meeting, the City Council will reconvene for a special work session to discuss the 2023 Budget (see separate packet) -4, Tuesday, August 9 •k Wednesday, August 10 -ik Monday, August 22 ,4& Monday, August 22 Community Calendar —A Look Ahead August 8, 2022 through August 22, 2022 7:00 am — 8:00 pm 6:30 pm, Council Chambers 6:00 pm, Community Room 6:30 pm, Council Chambers Primary Election Day Planning & Zoning Board Council Work Session City Council Meeting Expenditures August 8, 2022 Check #116904 to #116987 $383,496.20 Accounts Payable Check Detail User: katie.christofferson Printed: 08/05/2022 - 9:11AM Check Number Check Date Check Description Amount 9 - Able Hose & Rubber LLC 116909 08/08/2022 Inv 228207-001 Hydrant hose adapters 248.12 116909 Total: 248.12 9 - Able Hose & Rubber LLC Total: 248.12 1616 - ABM Equipment & Supply, LLC 116910 08/08/2022 Inv 0171508-IN Storm pipe jetter nozzle 2,528.00 116910 Total: 2,528.00 1616 - ABM Equipment & Supply, LLC Total: 2,528.00 1664 - Advanced First Aid Inc. 116911 08/08/2022 Inv 0522-246 AED 1,995.00 116911 Total: 1,995.00 1664 - Advanced First Aid Inc. Total: 1,995.00 800 - Advanced Graphix Inc. 116912 08/08/2022 Inv 209555 Graphics 2,092.50 116912 Total: 2,092.50 800 - Advanced Graphix Inc. Total: 2,092.50 14 - AFSCME Council #5 101-000-2040-000 116906 08/05/2022 PR Batch 00001.08.2022 Union Dues 7 Inv PR Batch 00001.08.2022 Union Dues AFSCME PR Batch 00001.08.2022 Union Dues AFSCME 376.32 116906 Total: 376.32 14 - AFSCME Council #5 Total: 376.32 1595 - Allied Oil & Supply, Inc. AP -Check Detail (8/5/2022 - 9:11 AM) Page 1 Check Number Check Date Check Description Amount 116913 08/08/2022 Inv 622769-00 Stock OW-20 engine oil 263.13 Inv 622878-00 Hydraulic oil 135.90 116913 Total: 399.03 1595 - Allied Oil & Supply, Inc. Total: 399.03 44 - Anoka County Treasury Office 116914 08/08/2022 Inv B220720L Site 117 Aug 2022 CAC Fiber 225.00 116914 Total: 225.00 44 - Anoka County Treasury Office Total: 225.00 54 - Aspen Mills, Inc. 116915 08/08/2022 Inv 297028 Uniform Allowance - M. DeMars 100.85 Inv 297646 Uniform Allowance - C. Boehme 145.90 116915 Total: 246.75 54 - Aspen Mills, Inc. Total: 246.75 63 - Bald Eagle Builders, Inc. 116916 08/08/2022 Inv 7/26/2022 Long Term Escrow Closure - Bald Eagle Ad 2,707.42 116916 Total: 2,707.42 63 - Bald Eagle Builders, Inc. Total: 2,707.42 68 - Bartell, Julianne 116917 08/08/2022 Inv 8/1/2022 Election judge supplies 134.40 116917 Total: 134.40 68 - Bartell, Julianne Total: 134.40 85 - Bluetarp Financial, Inc. 116918 08/08/2022 Inv G57810/G Teak oil, funnel & paint pail 33.46 116918 Total: 33.46 85 - Bluetarp Financial, Inc. Total: 33.46 864 - Boulder Contracting LLC AP -Check Detail (8/5/2022 - 9:11 AM) Page 2 Check Number Check Date Check Description Amount 116919 08/08/2022 Inv 2021-01713 Escrow Release - 6681 Heritage Ave 4,300.00 116919 Total: 4,300.00 864 - Boulder Contracting LLC Total: 4,300.00 92 - Boyer Trucks, Inc. 116920 08/08/2022 Inv 007P37000 Transmission cooler hose & fluid #218 554.63 116920 Total: 554.63 92 - Boyer Trucks, Inc. Total: JJ4.63 93 - Braun Intertec 116921 08/08/2022 Inv B301756 Lino Lakes 2022 Street Rehabilitation - 4,176.50 116921 Total: 4,176.50 93 - Braun Intertec Total: 4,176.50 115 - Centennial Utilities 116922 08/08/2022 Inv 131 3rd Qtr 2022 Utilities 707.00 116922 Total: 707.00 115 - Centennial Utilities Total: 707.00 117 - Central Pension Fund 101-000-2040-000 116904 07/22/2022 Inv July 2022 July Central Pension Contribution 6,144.00 116904 Total: 6,144.00 117 - Central Pension Fund Total: 6,144.00 121- CenturyLink 101-432-4321-503 116923 08/08/2022 Inv 333266979 Phone & Internet Services 64.23 Inv 6517843659805 Phone & Internet Services 61.12 Inv 7637846219687 Pool Emergency Phone Services 69.73 116923 Total: 195.08 121- CenturyLink Total: 195.08 122 - CES Imaging 101-432-4410-503 AP -Check Detail (8/5/2022 - 9:11 AM) Page 3 Check Number Check Date Check Description Amount 116924 08/08/2022 Inv INV142075 Plotter/Scanner Maintenance 17.38 116924 Total: 17.38 122 - CES Imaging Total: 17.38 1903 - Chosen Valley Testing, Inc. 116925 08/08/2022 Inv 45066 Construction Materials Testing - County 622.00 116925 Total: 622.00 1903 - Chosen Valley Testing, Inc. Total: bLG.UU 129 - City of Blaine 116926 08/08/2022 Inv 6355 3rd Qtr 2022 Utilities 2,814.02 116926 Total: 2,814.02 129 - City of Blaine Total: 2,814.02 136 - City of Roseville 116927 08/08/2022 Inv 0231088 Cisco Network Switch 8,541.62 116927 Total: 8,541.62 136 - City of Roseville Total: 8,541.62 761- Comcast 101-432-4321-502 116928 08/08/2022 Inv 0131882 Phone & Internet Services 362.16 116928 Total: 362.16 761- Comcast Total: 362.16 149 - Connexus Energy 116929 08/08/2022 05 Inv July 2022 06 Electric 6,286.59 116929 Total: 6,286.59 149 - Connexus Energy Total: 6,286.59 1278 - Core & Main LP 116930 08/08/2022 Inv R184646 Hydrant rebuild parts 4,816.96 AP -Check Detail (8/5/2022 - 9:11 AM) Page 4 Check Number Check Date Check Description Amount Inv R279550 Meters 2,402.25 116930 Total: 7,219.21 1278 - Core & Main LP Total: 7,219.21 167 - Dalco, Inc. 116931 08/08/2022 Inv 3960128 Toilet tissue & disinfectant 555.85 116931 Total: 555.85 167 - Dalco, Inc. Total: 555.85 1904 - DCA Title 116932 08/08/2022 Inv 7/26/2022 Long Term Escrow Closure - Main Street S 18,174.54 116932 Total: 18,174.54 1904 - DCA Title Total: 18,174.54 172 - DeGardner, Richard 116933 08/08/2022 Inv 8/2/2022 Mileage 81.90 116933 Total: 81.90 172 - DeGardner, Richard Total: 81.90 1905 - DPS Wooddale LLC 116934 08/08/2022 Inv 020477-000 I-35E Pipe Xing Permanent Easement 550.00 116934 Total: 550.00 1905 - DPS Wooddale LLC Total: 550.00 192 - Emergency Apparatus Maintenance 116935 08/08/2022 Inv 124045 Repair deck gun #625 166.59 116935 Total: 166.59 192 - Emergency Apparatus Maintenance Total: 166.59 1826 - Endurance Fitness of MN, LLC 116936 08/08/2022 Inv August 2022 August 2022 EF Monthly Fee 12,500.00 AP -Check Detail (8/5/2022 - 9:11 AM) Page 5 Check Number Check Date Check Description Amount 116936 Total: 12,500.00 1826 - Endurance Fitness of MN, LLC Total: 12,500.00 197 - Entenmann-Rovin 116937 08/08/2022 Inv 0165248-IN Dome Badges (4) 489.00 116937 Total: 489.00 197 - Entenmann-Rovin Total: 4?59.UU 1493 - Erickson, Marsha 116938 08/08/2022 Inv 4033 Lino Lakes Fall 2022 Newsletter 1,360.00 116938 Total: 1,360.00 1493 - Erickson, Marsha Total: 1,360.00 994 - Ess Brothers & Sons, Inc. 116939 08/08/2022 Inv CC4752 Grate for curb drain 396.00 116939 Total: 396.00 994 - Ess Brothers & Sons, Inc. Total: 396.00 1458 - Fidelity Security Life Insurance Co. 101-000-2048-000 116940 08/08/2022 Inv 165386625 August Vision Insurance 138.86 116940 Total: 138.86 1458 - Fidelity Security Life Insurance Co. Total: 138.86 233 - GDO Law 101-414-4303-000 116941 08/08/2022 Inv 9748 August Prosecutor Contract 8,750.00 Inv 9749 July Forfeitures 10.50 116941 Total: 8,760.50 233 - GDO Law Total: 8,760.50 1594 - Governmentjobs.com, Inc 116942 08/08/2022 Inv INV-24396 NEOGOV Subscription Fee 3,940.47 AP -Check Detail (8/5/2022 - 9:11 AM) Page 6 Check Number Check Date Check Description Amount 116942 Total: 3,940.47 1594 - Governmentjobs.com, Inc Total: 3,940.47 249 - Grainger 116943 08/08/2022 Inv 9366390095 Returned supplies -32.95 Inv 9367183887 Asphalt Lute (6) 674.28 Inv 9381546390 Replacement air hose 54.17 116943 Total: 695.50 249 - Grainger Total: byJ.JU 271 - Hawkins, Inc. 116944 08/08/2022 Inv 6237616 Chlorine Cylinders 80.00 Inv 6239687 Chlorine Cylinders 20.00 Inv 6246973 Chlorine, Hydrofluosilicic Acid & LPC-5 14,230.81 Inv 6251927 Pool sampling chemicals 55.76 116944 Total: 14,386.57 271- Hawkins, Inc. Total: 14,386.57 1850 - Henry Schein, Inc. 116945 08/08/2022 Inv 23031284 Spur Resuscitator (2) 21.82 116945 Total: 21.82 1850 - Henry Schein, Inc. Total: 21.82 306 - Image Printing & Graphics, Inc 116946 08/08/2022 Inv 161996 Rookery Brochure 420.00 Inv 162001 Voting Signs 228.78 116946 Total: 648.78 306 - Image Printing & Graphics, Inc Total: 648.78 312 - International Union 101-000-2040-000 116907 08/05/2022 PR Batch 00001.08.2022 Union Dues 4 Inv PR Batch 00001.08.2022 Union Dues 49ers PR Batch 00001.08.2022 Union Dues 49ers 525.00 116907 Total: 525.00 312 - International Union Total: 525.00 AP -Check Detail (8/5/2022 - 9:11 AM) Page 7 Check Number Check Date Check Description Amount 313 - Interstate Power Systems, Inc. 116947 08/08/2022 Inv R001185641:01 Annual Inspection & Repair - 130 Gladsto 1,210.24 Inv R001185642:01 Annual Inspection - 6666 Blackduck Dr 507.00 Inv R001185643:01 Annual Inspection - 7199 Stage Coach Trl 487.00 Inv R001185645:01 Annual Inspection - 6611 LakeDr 500.00 Inv R001185646:01 Annual Inspection - Fire Station 2 456.00 Inv R001185647:01 Annual Inspection & Repair - Fire Statio 1,104.95 116947 Total: 4,265.19 313 - Interstate Power Systems, Inc. Total: 4,265.19 1877 - iSpace Environments 116948 08/08/2022 Inv 19876 Office Furniture - Final 17,256.07 116948 Total: 17,256.07 1877 - iSpace Environments Total: 17,256.07 1004 - Ivy Ridge Home Builders, Inc. 116949 08/08/2022 Inv 2021-01631 Escrow Release - 6730 IvywoodAve 5,300.00 116949 Total: 5,300.00 1004 - Ivy Ridge Home Builders, Inc. Total: 5,300.00 1901 - Kartman, Paul 116950 08/08/2022 Inv 7/22/2022 Reimbursement of Incorrect Rookery Sales 2.86 116950 Total: 2.86 1901- Kartman, Paul Total: 2.86 359 - Landform 116951 08/08/2022 Inv 33213 Zoning Ordinance & Map Update 5,396.00 116951 Total: 5,396.00 359 - Landform Total: --),3yb.u0 365 - Law Enforcement Labor Services 101-000-2040-000 116908 08/05/2022 PR Batch 00001.08.2022 Union Dues I Inv PR Batch 00001.08.2022 Union Dues LELS PR Batch 00001.08.2022 Union Dues LELS 1,495.00 116908 Total: 1,495.00 AP -Check Detail (8/5/2022 - 9:11 AM) Page 8 Check Number Check Date Check Description Amount 365 - Law Enforcement Labor Services Total: 1,495.00 1615 - Lennar MN Division 116952 08/08/2022 Inv 2021-00082 Escrow Release - 2000 Diamondl-n 4,400.00 Inv 2021-00111 Escrow Release - 7392 Emily Circle 3,400.00 Inv 2021-00373 Escrow Release - 7334 Eden Circle 2,400.00 Inv 2021-00395 Escrow Release - 7338 Eden Circle 3,300.00 Inv 2021-00421 Escrow Release - 7350 Eden Circle 2,400.00 Inv 2021-00468 Escrow Release - 7217 Crane Drive 3,400.00 Inv 2021-00469 Escrow Release - 7332 Crane Drive 3,800.00 Inv 2021-00471 Escrow Release - 2041 Forest Lane 3,900.00 Inv 2021-00492 Escrow Release - 2037 Forest Lane 3,900.00 Inv 2021-00493 Escrow Release - 7393 Emily Circle 4,900.00 Inv 2021-00563 Escrow Release - 7345 Eden Circle 3,400.00 Inv 2021-00671 Escrow Release - 2129 Itasca Circle 5,900.00 Inv 2021-00721 Escrow Release - 7341 Eden Circle 2,400.00 Inv 2021-00814 Escrow Release - 2109 Itasca Circle 5,900.00 Inv 2021-00834 Escrow Release - 2105 Itasca Circle 5,800.00 Inv 2021-00969 Escrow Release - 2114 Itasca Circle 5,400.00 Inv 2021-01009 Escrow Release - 7228 Crane Drive 4,400.00 Inv 2021-01098 Escrow Release - 7349 Eden Circle 2,400.00 Inv 2021-01317 Escrow Release - 7413 Emily Circle 3,900.00 Inv 2021-01331 Escrow Release - 7401 Emily Circle 5,900.00 116952 Total: 81,200.00 1615 - Lennar MN Division Total: 81,200.00 UB*00120 - LOUDE, LEANNE 116953 08/08/2022 Inv Refund Check 018988-000, 379ARROWIIEAD 95.96 116953 Total: 95.96 UB*00120 - LOUDE, LEANNE Total: 95.96 394 - Macqueen Equipment, Inc. 116954 08/08/2022 Inv P02873 Pole guide mount & brackets 109.86 Inv P02947 Gear repair 91.25 116954 Total: 201.11 394 - Macqueen Equipment, Inc. Total: 201.11 399 - Mansfield Oil Company 101-431-4212-000 116955 08/08/2022 Inv 23453057 Gasoline - 1,300 gallons 4,440.32 Inv 23453105 Diesel - 1,299 gallons 5,978.29 AP -Check Detail (8/5/2022 - 9:11 AM) Page 9 Check Number Check Date Check Description Amount 116955 Total: 10,418.61 399 - Mansfield Oil Company Total: 10,418.61 1668 - Marsden Bldg Maintenance, LLC 116956 08/08/2022 Inv 369477 August Janitorial Services 4,048.80 Inv 369478 August Janitorial Services 1,096.83 Inv 369479 August Janitorial Services 663.16 Inv 369480 August Janitorial Services 726.41 116956 Total: 6,535.20 1668 - Marsden Bldg Maintenance, LLC Total: 6,535.20 418 - Menards - Forest Lake 116957 08/08/2022 Inv 88314 Pickle ball net supplies 10.99 Inv 88367 Irrigation batteries & wire covers 11.35 Inv 88623 Spray paint #316 41.99 Inv 88721 Materials for privacy curtain 18.94 Inv 88868 Chrome shower curtain rings (9) 21.51 Inv 89188 Curtain repair 1.98 116957 Total: 106.76 418 - Menards - Forest Lake Total: 106.76 1169 - Meridian Energy Products 116958 08/08/2022 Inv 22071403 Spare street light set 7,792.00 116958 Total: 7,792.00 1169 - Meridian Energy Products Total: 7,792.00 421 - Metro Sales Incorporated 116959 08/08/2022 Inv INV2079478 Copier Maintenance Contract Ricoh/MP 405 36.00 Inv INV2087480 Copier Maintenance Contract Ricoh/MP C30 97.70 116959 Total: 133.70 421 - Metro Sales Incorporated Total: 133•./U 427 - Midway Ford Company 116960 08/08/2022 Inv 726536 Door latch #316 244.33 116960 Total: 244.33 AP -Check Detail (8/5/2022 - 9:11 AM) Page 10 Check Number Check Date Check Description Amount 427 - Midway Ford Company Total: 244.33 455 - MN Metro North Tourism Board 101-415-4900-000 116961 08/08/2022 Inv June 2022 June 2022 Tourism Tax 7,579.00 116961 Total: 7,579.00 455 - MN Metro North Tourism Board Total: 7,�) /9.UU 477 - NAC Mechanical & Electrical 116962 08/08/2022 Inv 200539 Irrigation line 2,500.00 116962 Total: 2,500.00 477 - NAC Mechanical & Electrical Total: 2,500.00 480 - NCPERS Group Life Insurance 101-000-2040-000 116905 07/22/2022 Inv July 2022 July Life Insurance Premiums 288.00 116905 Total: 288.00 480 - NCPERS Group Life Insurance Total: 288.00 1057 - Northland Recreation, LLC 116963 08/08/2022 Inv 2539 Memorial Bench - Karl Henderson 1,392.00 116963 Total: 1,392.00 1057 - Northland Recreation, LLC Total: 1,392.00 497 - Northway Irrigation/Landscape 116964 08/08/2022 Inv 240222 Irrigation repair 376.12 116964 Total: 376.12 497 - Northway Irrigation/Landscape Total: 376.12 509 - O'Reilly Automotive Stores 116965 08/08/2022 Inv 5914-210784 Copper wire & lugs (4) #200 78.76 Inv 5914-210900 Stock diesel antifreeze 99.95 116965 Total: 178.71 AP -Check Detail (8/5/2022 - 9:11 AM) Page 11 Check Number Check Date Check Description Amount 509 - O'Reilly Automotive Stores Total: 178.71 511 - Otter Lake Animal Care Center 116966 08/08/2022 Inv 226150 Rescue boarding 183.00 116966 Total: 183.00 511 - Otter Lake Animal Care Center Total: 183.00 1895 - Philippi, Tori 116967 08/08/2022 Inv 8/2/2022 Organic Site Tour - Mileage Reimbursemen 109.50 116967 Total: 109.50 1895 - Philippi, Tori Total: 109.50 541 - Plunkett's Pest Control Inc. 116968 08/08/2022 Inv 7558660 Treatment for Snakes - Exterior 465.00 116968 Total: 465.00 541 - Plunkett's Pest Control Inc. Total: 465.00 552 - Press Publications, Inc. 116969 08/08/2022 Inv 745926 Notice of Public Accuracy Test 53.76 Inv 746750 PHN - Belland Farms 2nd Addition 69.88 116969 Total: 123.64 552 - Press Publications, Inc. Total: 123.64 1906 - Relentless LLC 116970 08/08/2022 Inv 12024 Tuition - K. Mobraten 649.00 116970 Total: 649.00 1906 - Relentless LLC Total: 649.00 1410 - Rupp, Anderson, Squires & Waldspurger, P.A. 116971 08/08/2022 Inv 15448 April Legal - DNR Water Approporiation P 2,724.00 116971 Total: 2,724.00 AP -Check Detail (8/5/2022 - 9:11 AM) Page 12 Check Number Check Date Check Description Amount 1410 - Rupp, Anderson, Squires & Waldspurger, P.A. Total: 2,724.00 588 - Safety-Meen Systems, Inc. 116972 08/08/2022 Inv CN15077463 Solvent 50.42 116972 Total: 50.42 588 - Safety-Meen Systems, Inc. Total: 50.42 1784 - Sawyer, Meg 116973 08/08/2022 Inv 7/22/2022 Reimbursement of Incorrect Rookery Sales 6.16 116973 Total: 6.16 1784 - Sawyer, Meg Total: 6.16 1103 - Sir Lines -A -Lot 116974 08/08/2022 Inv H22-0879-001 Crosswalk markings 6,695.70 116974 Total: 6,695.70 1103 - Sir Lines -A -Lot Total: 6,695.70 1578 - Springbrook Holding Company, LLC 116975 08/08/2022 Inv INV-009982 2022 Annual Maintenance 9/l/2022 - 12/31 33,921.73 116975 Total: 33,921.73 1578 - Springbrook Holding Company, LLC Total: 33,921.73 1840 - Standard Insurance Company 116976 08/08/2022 310 Inv August 2022 440 Disability Insurance Premiums 2,495.31 116976 Total: 2,495.31 1840 - Standard Insurance Company Total: 2,495.31 1212 - Stepp Manufacturing Co. Inc. 116977 08/08/2022 Inv 061357 Replacement door pins (10) #265 45.79 116977 Total: 45.79 1212 - Stepp Manufacturing Co. Inc. Total: 45.79 AP -Check Detail (8/5/2022 - 9:11 AM) Page 13 Check Number Check Date Check Description Amount 1902 - Taugner, Lynnette 116978 08/08/2022 Inv 7/25/2022 Returned Rachio 3 Smart Irrigation Contr 48.21 116978 Total: 48.21 1902 - Taugner, Lynnette Total: 48.21 1897 - The Davey Tree Expert Company 116979 08/08/2022 Inv 916841054 Wood mulch 2,350.00 116979 Total: 2,350.00 1897 - The Davey Tree Expert Company Total: L,:iJu.uu 1761 - T-Mobile USA Inc 116980 08/08/2022 Inv July 2022 30 Cell Phone/Wi-Fi Service 632.75 116980 Total: 632.75 1761- T-Mobile USA Inc Total: 632.75 1116 - Twin Cities Flag Source, Inc. 116981 08/08/2022 Inv 36677 Flag for Fire Department 266.00 116981 Total: 266.00 1116 -Twin Cities Flag Source, Inc. Total: 266.00 817 - Ultimate Safety Concepts 116982 08/08/2022 Inv 200914 Gloves 1,234.74 116982 Total: 1,234.74 817 - Ultimate Safety Concepts Total: 1,234.74 1907 - Veritonc, Inc. 116983 08/08/2022 Inv 31026 Annual Redact Application 7/l/2022 - 6/3 2,400.00 116983 Total: 2,400.00 1907 - Veritone, Inc. Total: 2,400.00 848 - White Bear Township AP -Check Detail (8/5/2022 - 9:11 AM) Page 14 Check Number Check Date Check Description Amount 116984 08/08/2022 Inv 202207212838 MXU Radios 19,799.64 116984 Total: 19,799.64 848 - White Bear Township Total: 19,799.64 729 - Winnick Supply, Inc. 116985 08/08/2022 Inv 457701 Steel for paver 42.16 116985 Total: 42.16 729 - Winnick Supply, Inc. Total: 42.10 734 - Xcel Energy 116986 08/08/2022 110-Street Lights Inv July 2022-1 110-Street Lights Electric 4,763.55 Inv July 2022-2 124 Electric 35,329.86 116986 Total: 40,093.41 734 - Xcel Energy Total: 40,093.41 743 - Ziegler, Inc. 116987 08/08/2022 Inv IN000600659 Hydraulic hose for underbody scraper #20 85.85 116987 Total: 85.85 743 - Ziegler, Inc. Total: 85.85 Total: 383,496.20 AP -Check Detail (8/5/2022 - 9:11 AM) Page 15 C Electronic Funds Transfer MN Statute 471.38 Subd. 3 F Council Meeting August 8, 2022 Transfer In/(Out) 7/22/2022 Payroll #15 (183,553.10) 7/22/2022 Payroll #15 Federal Deposit (51,752.68) 7/22/2022 Payroll #15 PERA (50,691.30) 7/22/2022 Payroll #15 State (11,467.07) 7/22/2022 Payroll #15 Child Support (1,020.80) 7/22/2022 Payroll #15 H.S.A. Bank Pretax (4,069.40) 7/22/2022 Payroll #15 TASC Pretax (1,517.44) 7/22/2022 Payroll #15 ICMA 457 Def. Comp #301596 (3,945.00) 7/22/2022 Payroll #15 ICMA Roth IRA #706155 (905.75) 7/22/2022 Payroll #15 MSRS HCSP #98946-01 (2,192.66) 7/22/2022 Payroll #15 MSRS Def. Comp #98945-01 (3,957.00) 7/22/2022 Payroll #15 MSRS Roth IRA #98945-01 (834.00) HSA Bank ER Contribution (6,083.18) HSA Bank ER Contribution (Petersen) (83.33) 8/5/2022 Council #08 Payroll (3,486.69) 8/5/2022 Council #08 Federal Deposit (202.30) 8/5/2022 Council #08 PERA (387.16) 8/5/2022 Council #08 State (45.08) 8/5/2022 Payroll #16 (192,237.04) 8/5/2022 Payroll #16 Federal Deposit (54,656.14) 8/5/2022 Payroll #16 PERA (51,887.91) 8/5/2022 Payroll #16 State (12,098.53) 8/5/2022 Payroll #16 Child Support (856.06) 8/5/2022 Payroll #16 H.S.A. Bank Pretax (3,738.63) 8/5/2022 Payroll #16 TASC Pretax (1,517.44) 8/5/2022 Payroll #16 ICMA 457 Def. Comp #301596 (3,945.00) 8/5/2022 Payroll #16 ICMA Roth IRA #706155 (905.75) 8/5/2022 Payroll #16 MSRS HCSP #98946-01 (2,181.10) 8/5/2022 Payroll #16 MSRS Def. Comp #98945-01 (3,957.00) 8/5/2022 Payroll #16 MSRS Roth IRA #98945-01 (834.00) 8/15/2022 Building Permit Surcharge (2,568.81) CITY COUNCIL WORK SESSION 1 2 3 4 DATE 5 TIME STARTED 6 TIME ENDED 7 MEMBERS PRESENT 8 9 MEMBERS ABSENT DRAFT CITY OF LINO LAKES MINUTES : July 25, 2022 . 6:00 p.m. . 6:20 p.m. : Councilmember Lyden, Ruhland, Cavegn and Mayor Rafferty : Councilmember Stoesz 10 Staff members present: City Administrator Sarah Cotton; Director of Public Safety John 11 Swenson; Finance Director Hannah Lynch; Public Services Director Rick DeGardner; 12 City Clerk Julie Bartell 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 1. Determine Date for Rookery Ribbon Cutting Ceremony — Public Services Director DeGardner noted planned events for opening activities at the Rookery. The Council indicated that the 241h is their preference. Staff will work on the details and share them with the council. Staff will pick an optimal time of day for a ribbon cutting ceremony. As an update on the facility, Mr. DeGardner noted that everything is done and ready to go including the refurbished water slide and all locker rooms; there is one a/c unit in the pool area that needs to be finalized. The facility is fully open. 2. Review Regular Agenda The agenda was reviewed and there were no changes. The meeting was adjourned at 6:20 p.m. These minutes were considered, corrected and approved at the regular Council meeting held on August 8, 2022. Julianne Bartell, City Clerk Rob Rafferty, Mayor 1 COUNCIL MINUTES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 DRAFT LINO LAKES CITY COUNCIL REGULAR MEETING MINUTES DATE : July 25, 2022 TIME STARTED : 6:30 p.m. TIME ENDED : 6:50 p.m. MEMBERS PRESENT : Councilmember Lyden, Ruhland, Cavegn and Mayor Rafferty MEMBERS ABSENT : Councilmember Stoesz Staff members present: City Administrator Sarah Cotton; Director of Public Safety John Swenson; City Clerk Julie Bartell PUBLIC COMMENT There were no public comments. SETTING THE AGENDA The agenda was approved as presented. SPECIAL PRESENTATION Oath of Fire Service — Firefighters Brian Kisch, Jacob Bogdanovich, and Brian Pevito Lino Lakes Ambassadors - Update on Activities and Introduction of Candidates CONSENT AGENDA Councilmember Ruhland moved to approve the Consent Agenda, Items I through I as presented. Councilmember Cavegn seconded the motion. Motion carried on a voice vote. ITEM ACTION Consideration of Expenditures: 28 A) Consider Approval of Expenditures for July 25, 2022 29 (Check No. 116833 through 116903) in the Amount 30 of $569,008.63 Approved 31 B) Consider Approval of July 11, 2022 Council 32 Work Session Minutes Approved 33 C) Consider Approval of July 11, 2022 Council 34 Minutes Approved 35 D) Consider Approval of Postage Machine Lease Approved 36 E) Consider Resolution No. 22-72, Approving an Application for a 37 Temporary On -Sale Liquor License and Special Event Permit 38 for the American Legion Post 566 Lino Lakes Blue Heron Days Approved 1 COUNCIL MINUTES DRAFT 39 F) Consider Resolution No. 22-73, Approving an Application 40 for a Special Event Permit to Living Waters Lutheran Church 41 Summer Outdoor Concert Approved 42 G) Approve the Hiring of Part -Time Staff for The Rookery Approved 43 FINANCE DEPARTMENT REPORT 44 There was no report from the Finance Department. 45 ADMINISTRATION DEPARTMENT REPORT 46 3A) Consider Approval of Police Officer— Public Safety Director Swenson reviewed the written 47 staff report. Staff is recommended the appointment of Zachary Beddow to a vacant police officer 48 position. Mr. Beddow has served for some time as a community service officer and has recently 49 finished his schooling and POST licensing requirements. 50 Mayor Rafferty remarked that the CSO program has proven to be a good program for recruitment of 51 City police officer positions. 52 Councilmember Cavegn moved to approve the appointment of Zachary Beddow as recommended. 53 Councilmember Ruhland seconded the motion. Motion carried on a voice vote. 54 PUBLIC SAFETY DEPARTMENT REPORT 55 4A) Approval of School Resource Officer Contract — Public Safety Director Swenson reviewed 56 the written staff report. The contract recommended would be multi -year, different from the past and 57 thanks to work done with the school district. The cost of the officer is paid by the school district. 58 Councilmember Ruhland moved to approve the contract as recommended. Councilmember Lyden 59 seconded the motion. Motion carried on a voice vote. 60 PUBLIC SERVICES DEPARTMENT REPORT 61 There was no report from the Public Services Department. 62 COMMUNITY DEVELOPMENT REPORT 63 There was no report from the Community Development Department. 64 UNFINISHED BUSINESS 65 There was no Unfinished Business. 66 67 NEW BUSINESS 68 There was no New Business. 69 70 COMMUNITY EVENTS 71 There were no events announced. 72 73 74 2 COUNCIL MINUTES 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 DRAFT COMMUNITY CALENDAR Community Calendar —A Look Ahead July 25, 2022 through August 8, 2022 %4 Wednesday, July 27 6:30 pm, Council Chambers Environmental Board i4 Monday, August 1 5:30 pm, Community Room Council Work Session — Early i4 Wednesday, August 3 6:30 pm, Council Chambers Park Board i4 Thursday, August 4 8:00 am, Community Room EDAC ik Monday, August 8 6:00 pm, Community Room Council Work Session ik Monday, August 8 6:30 pm, Council Chambers City Council Meeting ADJOURN There being no further business, Councilmember Lyden moved to adjourn at 6:50 p.m. Councilmember Cavegn seconded the motion. Motion carried on a voice vote. These minutes were considered and approved at the regular Council Meeting on August 8, 2022. Julianne Bartell, City Clerk Rob Rafferty, Mayor 3 CITY COUNCIL AGENDA ITEM 1D STAFF ORIGINATOR: Lisa Hogstad-Osterhues, Deputy City Clerk MEETING DATE: August 8, 2022 TOPIC: Consider Resolution No. 22-81, Approving an Application for a Temporary On -Sale Liquor License, Run Permit and a Special Event Permit for 2nd Annual Chain of Lakes Rotary Blue Heron Days Community Festival VOTE REQUIRED: Simple Majority (3/5 Vote Required) BACKGROUND: The Chain of Lakes Rotary Club has applied for a Temporary On -Sale Liquor License, a Run permit and a Special Event Permit for August 20, 2022. The Chain of Lakes Rotary is proposing a cornhole tournament, business expo, dog vendors/dog bar, a Hot -Dog Mile & Foam Run and a band and a beer garden from 4:00 pm to 8:00 pm. The group has proposed fencing off a portion of the community green for the beer garden. The Minnesota Alcohol and Gambling Enforcement Division requires a 1 — 4 Day Temporary On- Sale Liquor License to allow the consumption of alcohol in this outdoor area. The applicant is required to submit their request to the City for local approval before the application is submitted to the state for final consideration for the 1-4 day temporary liquor license. The applications have been reviewed by staff, including the Public Safety Department, and the applicant will be 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. Therefore, staff is presenting for city council consideration a resolution authorizing the issuance of a Temporary On -Sale Liquor License, a Run permit and a Special Event Permit for the Chain of Lakes Rotary. A Certificate of Insurance has been submitted by the Chain of Lakes Rotary Club to the City for this event. RECOMMENDATION: Approve Resolution No. 22-81 authorizing issuance of a 1-4 Day Temporary On- Sale Liquor License, a Run permit and a Special Event Permit during the 2nd Annual Chain of Lakes Rotary Blue Heron Days Festival with conditions. ATTACHMENTS: Resolution 22-81 Map of the Event 2 Maps of the Hot -Dog Mile & Foam Run CITY OF LINO LAKES RESOLUTION NO.22-81 APPROVING APPLICATION FOR A TEMPORARY ON -SALE LIQUOR LICENSE, 5K RUN PERMIT AND A SPECIAL EVENT FOR THE 2nd ANNUAL CHAIN OF LAKES ROTARY BLUE HERON DAYS COMMUNITY FESTIVAL WHEREAS, Kevin Fitzpartrick of the Chain of Lakes Rotary has made application for a Temporary On -Sale Liquor License, a Run permit and a Special Event Permit for Sunday, August 22, 2021; and WHEREAS, the Lino Lakes Public Safety Department has the following conditions: (1) The applicant has plans for parking vehicles including size and location of lots, points of access; and proof of permission for use of property upon which the special event is to be held or upon which parking may occur, and in the case of County right-of-way, proper documentation from the County approving the plans. (2) Applicant will provide security on premise ensuring there is no violations of laws and ordinances or disruptive behavior. (3) Applicant will provide all staff and/or volunteers working this event with training that focuses on prevention of over service of alcohol and other means to safely serve customers. (4) Plans are submitted for sound control and sound amplification, if any, including number, location, and power of amplifiers and speakers; all reasonably necessary precautions shall be taken by the applicant to insure that the sound of the assembly will not carry unreasonably beyond the enclosed boundaries of the location of the assembly. (5) Plans are submitted to meet the requirements of the State Fire Code, including but not limited to the following: i. Minimum of three 2AIOBC fire extinguishers need to be on location in the tent area; ii. "No Smoking" signs need to be displayed throughout the area. iii. No pyrotechnics are allowed. iv. No parking within 20 feet of the tent. Measured from stakes. v. Clearance to property line needed to 20 feet. Measured from stakes; vi. Certificate of flame retardant for all panels of tent. (6) Telephone service shall be in place sufficient to connect to emergency services. (7) Event will end as articulated in the application. (8) Applicant is responsible for the placement and removal of all event signage to include road closure signage and adjacent property notification. WHEREAS, the City Council must authorize the sale of alcohol in a City Park by resolution per City Ordinance 301.05 in order for the Temporary On -Sale Liquor proposed special event to take place; and WHEREAS, the City Council may approve the use of city equipment relating to the proposed event. Applicant has requested use of the stage, canopy, barricades, cones, chairs and tables from the City. Applicant will pick up the equipment on Friday, August 20 and return the equipment on Monday, August 22; and WHEREAS, city staff will place barricades and garbage cans for the proposed event on Friday, August 20; and WHEREAS, city staff has reviewed the Application for Permit for the festival event for concurrence with city regulations; and WHEREAS, the Lino Lakes Public Safety Department has conducted a background and found no reason to deny; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota: That the City Council hereby approves the applications for a Temporary On -Sale Liquor License, a Run permit and a Special Event permit. Adopted by the Council of the City of Lino Lakes this 81h day of August, 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 Chain of Lakes Rotary Club �� 'tna L4kes [ex+�9ton Cisztie Pines Centerville 8.20.22 Rock In Run Map — Community Green. Race: 9:00 am start. Bands, Food & Beer: 4:00 — 9:00 pm 8 13 2 { 9 ' 10 9 - 14 4 „ 1 - b��. Key 1 Band Stage CITY 2 Beer Garden - truck (fenced) ROTARY 3 Food Trucks CITY 4 GIANT tent tables & chairs — for fans CITY 5 Portapotties CITY 6 Hot -Dog Mile & Foam Run ROTARY 7 Race Registration & event HQ ROTARY 8 Cornhole Tournament ROTARY 9 Business Expo booths ROTARY 10 Trash bins will be placed at corners and middle 12 Dog vendors ROTARY 13 Dog -related bar (sprinkler) ROTARY 14 Bouncy house CITY 15 Finish Line and Foam machine ROTARY Farmers insurance - Jesse Bentrup Sr Lakewood Apartments • 7SC5 rd ' E -'ct ■ Eagle Ct k ss§:' ari sip 601 —+,6 ,illacle Dr Village Dr Village Dr Ole Jam^ 'q _ - r f•` 74fi0 mv rk A0=160- - ' - - r ■ - ■ - - w - ■ - - A"►■ 1- Hot-dog Mile Foam Run Route. August 20, 2022 8:00 am registration, 9:00 am start. ••• • •• As in past years, the race will start in Community Green. {�s Race starts on west Village Drive (by Memorial), goes down Village Drive �* 2 �_ (by food trucks) and do a 180-degree on sidewalk following around the big empty lot around it TWICE p Y — going g and finishing through the big RACE FINISH sign and through the foam machine (if they want) Runners (walkers) will receive a ticket to receive their HOT DOG from a food truck vendor that will be ready to • serve bv 9:00 am. STAFF ORIGINATOR: MEETING DATE: TOPIC: VOTE REQUIRED BACKGROUND: CITY COUNCIL AGENDA ITEM 1E Lisa Hogstad-Osterhues, Deputy City Clerk August 8, 2022 Consider Approval of Resolution 22-82, 2nd Annual Quad Area Community Family Fun Festival Simple Majority (3/5 Vote Required) The Quad Area Chamber of Commerce has applied for a Special Event Permit for Thursday, August 18, 2022. The applicant is proposing to have a group called Minnesota Sings perform, various food trucks and a free car show, located at the Centennial Middle School property at 399 Elm Street. The Quad Area Chamber of Commerce has submitted to the City an application for a Special Event. The application has been reviewed by staff, including 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. Therefore, staff is presenting for city council consideration a resolution authorizing the issuance of a Special Event Permit for the Quad Area Chamber of Commerce. A Certificate of Insurance has been submitted by the Quad Area Chamber of Commerce to the City for this event. RECOMMENDATION: Approve Resolution No. 22-82 authorizing issuance of Special Event Permit for the Quad Area Community Fun Festival. ATTACHMENTS: None CITY OF LINO LAKES RESOLUTION NO.22-82 AUTHORIZING A SPECIAL EVENT PERMIT FOR THE QUAD AREA COMMUNITY FOR THE 2°d ANNUAL FAMILY FUN FESSTIVAL AUGUST 18, 2022 WHEREAS, the Quad Area Chamber of Commerce has submitted an application for a special event permit; and WHEREAS, the event plan includes music outdoors from 4:00 p.m. to 8:00 p.m. Thursday, August 18, 2022 as well as various food trucks and a car show; and WHEREAS, telephone service shall be in place sufficient to connect to emergency services; and WHEREAS, the Public Safety Department has reviewed plans for the event and has provided conditions for the permit; and WHEREAS, food truck vendors are required to contact the Anoka County Environmental Services at 763-324-4260 for permission to operate in the City; and WHEREAS, food truck vendors are required to provide their state licensing information as well as Anoka County Environmental Services licensing to the Quad Area Chamber of Commerce; and WHEREAS, the Public Safety Department requires food vendors to be at least 20 feet from the structures; and WHEREAS, proof of general liability insurance has been submitted by the Quad Area Chamber of Commerce to cover all events held on the Centennial School District property; and WHEREAS, city staff has reviewed the Application for Permit for the festival event for concurrence with city regulations; and WHEREAS, event shall end as articulated in the application. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota: That the City Council authorizes issuance of a Special Event Permit to the Quad Area Chamber of Commerce for their event scheduled for August 18, 2022, with the conditions attached hereto. Adopted by the Council of the City of Lino Lakes this 8th day of August, 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 1F STAFF ORIGINATOR: Lisa Hogstad-Osterhues, Deputy City Clerk MEETING DATE: August 8, 2022 TOPIC: Consider Resolution No. 22-83, Special Event for the Blue Heron Days Parade and Festival VOTE REQUIRED: 3/5 BACKGROUND City staff has submitted an application for a permit to conduct a parade on Saturday, August 20 from approximately 11:00 a.m. to 12:30 p.m. City staff has been working on the event details and have provided the following information. There are approximately 35-45 units in the parade at this time; the proposed route for the parade would be Lake Drive from Marketplace Drive to James Street, with a staging area in the Kohl's parking lot. Anoka County has authorized the road closure for this event. The event coordinators have received approval from Kohl's for use of their property for the parade staging area. There will also be Festival Activities at the Community Green from 12:00 pm — 4:00 pm such as Touch a Truck, Lawn & Yard Games, bounce houses and face painting The Rookery Activity Center in planning many activities such as open swim and parent's night out, child care drop off. Food trucks will be on -site at the Community Green. Food trucks are required to contact Anoka County Environmental Services for permission to operate in the City as well as be licensed by the State of Minnesota. The Public Works Department and the Public Safety Department have reviewed the permit application. The applicant must continue to follow instructions on safety and signage measures up to and through the time of the parade. RECOMMENDATION Request City Council Approval of the Blue Heron Days Parade and Festival ATTACHMENTS Map of Parade Route Traffic Control Map Community Green Set -Up CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO.22-83 SPECIAL EVENT FOR THE BLUE HEON DAYS PARADE AND FESTIVAL AUGUST 20, 2022 WHEREAS, City Staff has submitted an application for the Blue Heron Days Parade and Festival Events; and WHEREAS, food truck vendors are required to contact the Anoka County Environmental Services at 763-324-4260 for permission to operate in the City; and WHEREAS, food truck vendors are required to provide their state licensing information as well as Anoka County Environmental Services licensing to the City of Lino Lakes; and WHEREAS, the Public Safety Department requires food vendors to be at least 20 feet from the structures; and WHEREAS, the Lino Lakes Public Safety Department has the following conditions: (1) The applicant has plans for parking vehicles including size and location of lots, points of access; and proof of permission for use of property upon which the special event is to be held or upon which parking may occur, and in the case of County right-of-way, proper documentation from the County approving the plans. (2) Plans are submitted for traffic control (3) Plans are submitted to meet the requirements of the State Fire Code, including but not limited to the following: i. Minimum of three 2AlOBC fire extinguishers need to be on location in the tent area; ii. "No Smoking" signs need to be displayed throughout the area. iii. No pyrotechnics are allowed. iv. No parking within 20 feet of the tent. Measured from stakes. v. Clearance to property line needed to 20 feet. Measured from stakes; vi. Certificate of flame retardant for all panels of tent. (4) Telephone service shall be in place sufficient to connect to emergency services. (5) Event will end as articulated in the application. (6) Applicant is responsible for the placement and removal of all event signage to include road closure signage and adjacent property notification. WHEREAS, City Staff will provide the use of the stage, canopy, barricades, cones, chairs and tables for the event. WHEREAS, city staff will place barricades and garbage cans for the proposed event; and WHEREAS, city staff has reviewed the application for the Parade and Special Event Permit for concurrence with city regulations; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota: That the City Council hereby approves the applications for a Special Event for the Blue Heron Days Parade and Festival on Saturday, August 2022. Adopted by the Council of the City of Lino Lakes this 8th day of August, 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 J �� Lino Lakes Fire Station #1 �ar ket l'la � ce 1�ere: �rIV e Ma1n Scree t 79 �h s't T�. 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I ', •�I T cn �t s, i.._r!' it ` CITY COUNCIL AGENDA ITEM 1G STAFF ORIGINATOR: Sarah Cotton, City Administrator MEETING DATE: August 8, 2022 TOPIC: Consider Resolution No. 22-84, Offering Support to Anoka County to Expand Broadband Services in the City of Lino Lakes VOTE REQUIRED: 3/5 INTRODUCTION The City Council is being asked to consider Resolution No. 22-84, Offering Support to Anoka County to Expand Broadband Services in the City of Lino Lakes. BACKGROUND Broadband connectivity coverage within communities across the State of Minnesota continues to be a hot topic. To address this challenge, the State of Minnesota has expanded funding sources available in its' Border -to -Border Broadband Development Grant Program. This program was originally created to provide financial resources that help make the business case for new and existing providers to invest in building broadband infrastructure into "unserved" and "underserved" areas of the state. The Border -to -Border Broadband Grant Program has historically been funded with limited state general fund revenues. In the 2022 legislative session, $25 million in general fund revenues were allocated to the Border -to -Border grant program for FY23. This presented an opportunity for Anoka County to pursue an opportunity to holistically address connectivity challenges that impact Anoka County cities and residents. The County worked with an outside vendor to identify areas through the County that would be considered as qualified for this funding and has submitted a grant application to the State for consideration. At this time, Anoka County is asking cities who face connectivity issues to show support for the initiative through the attached resolution. RECOMMENDATION Staff is recommending approval of Resolution No. 22-84. ATTACHMENTS Resolution No. 22-84, Offering Support to Anoka County to Expand Broadband Services in the City of Lino Lakes CITY OF LINO LAKES RESOLUTION NO.22-84 RESOLUTION OFFERING SUPPORT TO ANOKA COUNTY TO EXPAND BROADBAND SERVICES IN THE CITY OF LINO LAKES WHEREAS, broadband or high-speed internet service is increasingly essential to serve residents and businesses and provide for economic development, affordable and quality health care, equitable educational opportunities, and effective government; and WHEREAS, the County has identified areas in the City of Lino Lakes without access to affordable and reliable broadband service that meets or exceeds the federal broadband standard of 100/20 Mbp; and WHEREAS, the City Council understands the need to improve the state of broadband service within the City's jurisdictional boundaries; and WHEREAS, full broadband service provides significant benefits to residents and businesses in the community, including enhancing access to services, government programs, schools, lifelong learning and social services; and WHEREAS, the City intends to collaborate with Anoka County to maximize the opportunity to extend and expand service using federal, state, and local broadband funding programs in Minnesota; and WHEREAS, the City of Lino Lakes supports the efforts of Anoka County to define and determine the most feasible source of technology that will qualify for appropriate funding that will provide for the required infrastructure in areas of Lino Lakes that lack access to affordable and reliable broadband service. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Lino Lakes hereby approves this resolution seeking collaboration with Anoka County as follows: 1) To provide support in the County's direction to seek State and/or Federal funding sources to improve broadband connectivity in the City of Lino Lakes. 2) To provide support related to the County's determination of the connectivity technology that will allow for State and/or Federal funding sources. Adopted by the City Council of the City of Lino Lakes this 8th day of August 2022. The motion for the adoption of the foregoing resolution was introduced by Councilmember and was duly seconded by Councilmember 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: August 8, 2022 TOPIC: Consider Appointment of Building Maintenance and Custodial Supervisor VOTE REQUIRED: 3/5 INTRODUCTION The Council is being asked to approve the appointment of Michael Rowe to the Building Maintenance and Custodial Supervisor position at The Rookery Activity Center. BACKGROUND At this time staff has completed the recruitment process, provided a conditional offer, and is recommending the approval of Michael Rowe for the position. Rowe currently works as the Maintenance Supervisor for The Nic on Fifth - a luxury high rise apartment building in downtown Minneapolis. He has over 15 years of related experience and is a certified Pool Operator. The hourly rate of pay would be $37.64, which is step 4 of the current 6 step wage schedule. With the Council's approval, Rowe would start in the position of Building Maintenance and Custodial Supervisor on August 15, 2022. RECOMMENDATION Please approve the appointment of Michael Rowe for the Building Maintenance and Custodial Supervisor position. CITY COUNCIL AGENDA ITEM 311 STAFF ORIGINATOR: Meg Sawyer, Human Resources and Communications Manager MEETING DATE: August 8, 2022 TOPIC: Consider Appointment of Community Development Administrative Assistant VOTE REQUIRED: 3/5 INTRODUCTION The Council is being asked to approve the appointment of Julie Whitney to the Community Development Administrative Assistant position for the Community Development department. BACKGROUND At this time staff has completed the recruitment process, provided a conditional offer, and is recommending the approval of Julie Whitney for the position. Whitney currently works as Customer Service Representative for a Tow Company. She was 911 Dispatcher for 7 years before that. The hourly rate of pay would be $26.02, which is step 1 of the current 6 step wage schedule. With the Council's approval, Whitney would start in the position of Community Development Administrative Assistant on August 15, 2022. RECOMMENDATION Please approve the appointment of Julie Whitney for the Community Development Administrative Assistant position. CITY COUNCIL AGENDA ITEM 3C STAFF ORIGINATOR: Meg Sawyer, Human Resources and Communications Manager MEETING DATE: August 8, 2022 TOPIC: Consider Appointment of Parks Maintenance Worker VOTE REQUIRED: 3/5 INTRODUCTION The Council is being asked to approve the appointment of Jason Chapman to the Parks Maintenance Worker position within the Public Works department. BACKGROUND At this time staff has completed the recruitment process, provided a conditional offer, and is recommending the approval of Jason Chapman for the position. Chapman worked in Public Works at the City of Maple Grove from 2012 — 2020. He currently works as a Facilities Specialist at APS in Coon Rapids. The hourly rate of pay would be $30.95, which is step 4 of the current 6 step wage schedule. With the Council's approval, Chapman would start in the position of Parks Maintenance Worker on August 22, 2022. RECOMMENDATION Please approve the appointment of Jason Chapman for the Parks Maintenance Worker. CITY COUNCIL AGENDA ITEM 3D STAFF ORIGINATOR: Meg Sawyer, Human Resources and Communications Manager MEETING DATE: August 8, 2022 TOPIC: Consider Appointment of Office Specialist VOTE REQUIRED: 3/5 INTRODUCTION The Council is being asked to approve the appointment of Lisa Marie Neal to the vacant Office Specialist position at City Hall. BACKGROUND At this time staff has completed the recruitment process, provided a conditional offer, and is recommending the approval of Lisa Marie Neal for the position. Neal has a Bachelor's of Science in Business Administration from Valparaiso in Indiana. She has been working as a Real Estate Assistant since 2013. The hourly rate of pay would be $24.97, which is step 3 of the current 6 step wage schedule. With the Council's approval, Neal would start in the position of Office Specialist on August 22, 2022. RECOMMENDATION Please approve the appointment of Lisa Marie Neal for the Office Specialist position. CITY COUNCIL AGENDA ITEM 3E STAFF ORIGINATOR: John Swenson, Public Safety Director MEETING DATE: August 8, 2022 TOPIC: Appointment of Police Sergeant VOTE REQUIRED: 3/5 INTRODUCTION The Council is being asked to approve the appointment of Matt Carlson for the vacant Police Sergeant position in the Public Safety Department. BACKGROUND Police Sergeant Mike Rumpsa is retiring, effective August 16, 2022, creating a vacancy in one of our Sergeant positions. At this time, staff has completed an internal recruitment process and is recommending the approval of Mr. Matt Carlson for the Police Sergeant position. Mr. Carlson holds a Bachelor's degree in Criminal Justice and has been with the Lino Lakes Police Department for two years. Mr. Carlson currently works as a Police Officer and has performed in additional roles within the department such as Police Training Officer, Wellness Committee Member, DNR Firearm Safety instructor, Use of Force and Firearms Instructor. The hourly rate of pay would be $43.07, which is Step 2 of the union wage schedule. The union wage schedule has nine steps. With the Council's approval, Mr. Carlson would start in the position of Police Sergeant on August 21, 2022. RECOMMENDATION Approve the appointment of Matt Carlson for the Police Sergeant position. CITY COUNCIL AGENDA ITEM 3F STAFF ORIGINATOR: John Swenson, Public Safety Director MEETING DATE: August 8, 2022 TOPIC: Appointment of Paid On -Call Fire Lieutenant VOTE REQUIRED: 315 INTRODUCTION The Council is being asked to approve the appointment of Mr. Brian Gustafson for the Paid On - Call Fire Lieutenant position at Fire Station 1. BACKGROUND Previous Fire Lieutenant, Jesse Fronek, was promoted to one of our District Fire Chief positions, creating a vacancy. At this time, staff has completed an internal recruitment process, provided a conditional offer, and is recommending the approval of Brian Gustafson for the Fire Lieutenant position. Mr. Gustafson has been a member of the Lino Lakes' Public Safety Fire team since December, 2017, serving as a Firefighter/ EMT, and has over ten years of experience. The hourly rate of pay would remain the same for Gustafson. However, he would now receive a monthly stipend of $225 as a Lieutenant. With the Council's approval, Gustafson would start in the position of Fire Lieutenant on August 15, 2022. RECOMMENDATION Approve the appointment of Brian Gustafson for the Fire Lieutenant position at Fire Station 1. CITY COUNCIL AGENDA ITEM 3G STAFF ORIGINATOR: John Swenson, Public Safety Director MEETING DATE: August 8, 2022 TOPIC: Appointment of Paid On -Call Fire Lieutenant VOTE REQUIRED: 315 INTRODUCTION The Council is being asked to approve the appointment of Mr. Paul Kartman for the Paid On -Call Fire Lieutenant position at Fire Station 2. BACKGROUND Previous Fire Lieutenant, Derek Riley, took a leave of absence, creating a vacancy. At this time, staff has completed an internal recruitment process, provided a conditional offer, and is recommending the approval of Paul Kartman for the Fire Lieutenant position. Mr. Kartman has been a member of the Lino Lakes' Public Safety Fire team since January, 2015, serving as a Firefighter/ EMR. The hourly rate of pay would remain the same for Kartman. However, he would now receive a monthly stipend of $225 as a Lieutenant. With the Council's approval, Gustafson would start in the position of Fire Lieutenant on August 15, 2022. RECOMMENDATION Approve the appointment of Paul Kartman for the Fire Lieutenant position at Fire Station 2. CITY COUNCIL AGENDA ITEM 3H STAFF ORIGINATOR: John Swenson, Public Safety Director MEETING DATE: August 8, 2022 TOPIC: Consider Appointment of Police Officer VOTE REQUIRED: 3/5 INTRODUCTION The Council is being asked to approve the appointment of Jared Zimmerman to a vacant Police Officer position in the Public Safety Department. BACKGROUND There are currently two vacant Police Officer positions within the Public Safety Department. At this time, staff has provided a conditional offer, and is recommending the approval of Jared Zimmerman for the position. Jared Zimmerman earned a Bachelor of Science in Law Enforcement while minoring in History, Psychology, Political Science, and International Relations from Bemidji State University. He has met all POST mandates. The hourly rate of pay would be $36.66, which is the Starting Step of the union wage schedule. The wage schedule has six steps. With the Council's approval, Jared Zimmerman would start in the position of Police Officer on August 15, 2022. RECOMMENDATION Approve the appointment of Jared Zimmerman for the Police Officer position. CITY COUNCIL AGENDA ITEM 4A STAFF ORIGINATOR: John Swenson, Public Safety Director MEETING DATE: August 8, 2022 TOPIC: Sale of Decommissioned Fire Apparatus (A11) VOTE REQUIRED: 3/5 INTRODUCTION The Lino Lakes Public Safety Department is requesting Council authorization to sell a 2002 Freightliner Toyne (VIN 1FV6TMDB9YHG80053) to the Armory Shell Towing and Auto Body for $10,000.00. BACKGROUND During the Council Work Session on May 2, 2022, staff informed members of the City Council that All (Vehicle # 611) had failed the annual inspection and was taken out of service as required by OSHA and NFPA requirements. Council directed staff to liquated Al and research options to replace A11. Staff had all of Lino Lakes graphics and equipment removed from the apparatus to prepare it to be sold. Staff received two offers to purchase Al I from members of the public (offer for $8,000 and $10,000). To ensure that the sale of this property is handled in a consistent manner with the sale of other City property, staff placed Al on State of Minnesota online auction with a $10,000 reserve twice (first attempt 6.23.2022 to 6.23.2022; second attempt 6.29.2022 to 7.8.2022) but the reserve was not met during either auctions. Staff contacted Armory Shell Towing regarding their $10,000 offer and the business initially lowered their offer to $7,500 but staff informed the business that staff would not move this forward at that dollar amount. Armory Shell Towing then increased their offer to the original offer amount of $10,000. RECOMMENDATION Staff recommends the Council approve the sale of the 2002 Freightliner Toyne (VIN 1FV6TMDB9YHG80053) for $10,000.00 and deposit the proceeds from the sale of this fire apparatus into the Capital Replacement Fund. ATTACHMENTS Armory Shell Towing email dated 6.3.2022 Photo of Vehicle 611 (A11) John Swenson From: Dan L'Allier Sent: Wednesday, July 27, 2022 12:04 PM To: John Swenson Subject: Fwd: FREIGHTLINER LADDER TRUCK Follow Up Flag: Follow up Due By: Monday, August 1, 2022 4:00 PM Flag Status: Flagged Sent from my iPhone Begin forwarded message: From: Dan L'Allier <dlallier@linolakes.us> Date: June 3, 2022 at 11:12:17 CDT To: armoryshelltowing@mchsi.com Subject: Re: FREIGHTLINER LADDER TRUCK Thanks Sent from my iPhone On Jun 3, 2022, at 10:40, armoryshelltowing@mchsi.com wrote: Caution: This email originated outside our organization; please use caution. We bid $10,000.00 for 2000 ladder truck 1 FV6TMDB9YHG80053 THANKS PAUL THELEN. Armory Shell Towing & Auto Body 8377 Enterprise DR NE Virginia MN 55792 Towing & Service:218-741-6050 Body Shop:218-741-0500 Fax:218-741-9084 1 �r I�' µ ,..' � Y � ....y.�p :c ��tiC��, 9 '�'': � �. n yy M "M1 Y �wy R4� T g. � 'y^� .. -- .. �T .. xr , r n �� .r �� f .�,.z=ass° _� - � .. I �;: },_s <11 „ �. 'fie t s. r t �� r '_ ri �� . �, . :, �� i� �_�.r _�� J ,,_��% —_--- _�— CITY COUNCIL AGENDA ITEM SA STAFF ORIGINATOR: Justin Williams, Public Works Superintendent MEETING DATE; August 8, 2022 TOPIC; Consider Approval %J Resolution No. 22-86, Approving Change Order No. 2, Water Tower No. 2 Rehabilitation Project, Justin Williams VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council approval of Change Order No. 2 for the Water Tower No. 2 Rehabilitation Project. BACKGROUND On February 14, 2022, the City Council awarded the bid for the Water Tower No. 2 Rehabilitation Project to Classic Protective Coatings, Inc. in the amount of $1,188,857, Included in the bid was a complete blast and removal of all coatings on the tank. A pre -tank inspection by KLM called out many of the interior coatings to be in need of repair. The areas identified were primarily in the areas that sweat or are damp for much of the life of the coating. Other coated areas that remain relatively dry have a much better paint condition and adhesion to the metal. These areas are not in need of extensive sandblasting in preparation for the new coating that will be applied. Classic Protective Coatings is offering a credit of $133,400 to reduce the level of preparation in these areas to a sweep blast which will rough up the existing coatings and prepare it for its new coating. Other findings during the sandblasting process have been: broken electrical conduit lines ($14,590), a service door that has significant rusting in the frame and door ($9,120), and the elimination of a fill pipe that is no longer used ($1,050). The remainder of the credit amounts to $108,640. RECOMMENDATION Staff is recommendi ng approval of Resolution No. 22-86 for Change Order No. 2 for the Water Tower No. 2 Rehabilitation Project. ATTACHMENTS 1. Resolution No. 22-86 2. Change order No. 2 CITY OF LINO LAKES RESOLUTION NO. 22-86 RESOLUTION APPROVING CHANGE ORDER NO. 2 WATER TOWER NO.2 REHABILITATION PROJECT WHEREAS, pursuant to Resolution No. 22-24 of the Council adopted on Febivary 145 2022, awarding the contract for the Water Tower No. 2 Rehabilitation Project to Classic Protective Coatings, Inc.; and WHEREAS, a complete summary of schedule changes are quantified within Change Order No. 2. NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lalces, Minnesota that Change Order No. 2 is hereby approved. Adopted by the Council of the City of Lino Lalces this 8th day of August, 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 talcen thereon, the following voted in favor thereof: The following voted against same: Rob Rafferty, Mayor ATTEST: Julianne Bartell, City Clerk WATER TOWER NO. 2 REHABILITATION August 2, 2022 OWNER PROJECT NO.: NIA WSB PROJECT NO,: 019414.000 OWNER: CONTRACTOR: City of Lino Lakes Classic Protective Coatings, Inc. 600 Town Center Parkway N7670 State Road 25 Lino Lakes, MN 55014 Menomonie WI, 64751 YOU ARE DIRECTED TO MAKE THE FOLLOWING CHANGES IN THE CONTRACT DOCUMENT DESCRIPTION: 1, Provide a credit of $133,400 to the contract amount to sweep blast the interior dry surfaces in non -sweating areas and topcoat existing primer in lieu of providing a complete blast and repaint of these areas. 2, Repair and replace all broken PVC electrical conduits as needed and replace upper tank section conduits with galvanized conduit for an add of $14,590 to the contract amount, 3. Replace the existing service door and frame with a new steel custom-made service door and frame and reuse existing locks and electronic latch for an add of $9,120 to the contract amount, 4. Install a DIP blind Flange on the removed bulk water sales line for an add of $1,050 to the contract amount. IT IS UNDERSTOOD THAT THIS CHANGE ORDER INCLUDES ALL ADDITIONAL COSTS AND TIME EXTENSIONS WHICH ARE IN ANY WAY, SHAPE, OR FORM ASSOCIATED WITH THE WORK ELEMENTS DESCRIBED ABOVE, CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME: ORIGINAL SUBSTANTIAL AND FINAL COMPLETION 8-15-2022 and ORIGINAL CONTRACT PRICE: $1,188,857.60 CONTRACT TIMES: 9-12-2022 PREVIOUS CHANGE ORDERS or SUPPLEMENTAL AGREEMENTS $0,00 CONTRACT PRICE PRIOR TO THIS CHANGE ORDER: $1,188,857.80 NET INCREASEIDECREASE OF THIS CHANGE ORDER:-$1081640.00 ONTRACT PRICE WITH ALL APPROVED CHANGE ORDERS: C APPROVED BY: $1,060,217,80 PREVIOUS CHANGE ORDERS: 21 Days 9-5-2022 and CONTRACT TIME PRIOR TO THIS CHANGE ORDER: 10-3-2022 NET ADJ INCREASE/DECREASE OF CHANGE ORDER: 0 Days LISTED SUBSTANTIAL AND FINAL COMPLETION 9-5-2022 and CONTRH A ACT ES WITGE ORDER: 10-3-2022 WSB CLASSIC PROTECTIVE COATINGS ENGINEER CONTRACTOR CITY ENGINEER DATE CI OF L O ES C:IUserslgjohnsonNluslc Wrojec(sLLlno LakeslWalor Tower No. Y RehahilrlalionlConsbucfionlChange Ordorslchange Order No, 2119g14999 Lrna Lakes Water Tcwer No. 2 RehahlIllation -Change Order No. 2C0 2 CITY COUNCIL AGENDA ITEM 6A STAFF ORIGINATOR: Michael Grochala, Community Development Director MEETING DATE: August 8, 2022 TOPIC: Consider Resolution No. 22-85, Approving Distribution of Environmental Assessment Worksheet for Robinson Sod Farms VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting authorization to distribute the Robinson Sod Farm EAW for public comment. BACKGROUND Integrate Properties, LLC (Developer) is proposing a residential development project on approximately 158 acres abutting Main Street (CSAH 14) and Sunset Avenue (CR 53) in the northwest quadrant of the City. The property is guided for low, medium and high density residential uses in the City's 2040 Comprehensive Plan. The City Council reviewed a development concept plan for the property in February of this year. Due to the proposed number of residential units, preparation of an Environmental Assessment Worksheet (EAW) is required by Minnesota Rules. The process operates according to rules adopted by the state's Environmental Quality Board (EQB). The EAW document is designed to provide a brief analysis and overview of the potential environmental impacts for a specific project and to help the City, referred to as the Responsible Government Unit (RGU), determine whether an Environmental Impact Statement (EIS) is necessary. The questions contained within the document are established by the EQB. The EAW is not meant to approve or disapprove a project, but is simply a source of information to guide other approvals and permitting decisions. In fact it is one of the advantages to larger scale development projects. Preparation of the EAW will help inform the design of the project before the submittal of a formal development application. The information provided in the EAW was prepared by the development team and reviewed by City Staff and the City's Engineer WSB and Associates and determined to be complete. The next step in the process is for the City Council to authorize distribution of the document for public comment. A notice of the documents availability will be published in the Environmental Quality Board (EQB) Monitor and notification sent to specified public agencies. The document will be available on the City website for review. The public comment period lasts for 30 days. During that period all interested parties may submit written comments to the City. At the end of the 30 day period, the City reviews all of the public comments, as well as the content of the EAW to determine whether the project needs further changes or analysis. The City will prepare a written response to all substantive comments received during the public comment period. Once completed the City Council will determine if potential impacts of the project are significant enough to require the preparation of an Environmental Impact Statement. If not, the Council will adopt a finding of no significant impact and the environmental review process ends. The developer may then begin to prepare the design of the project and the land use application information. Again, the decision to distribute the EAW for public comment or any future decision regarding the need for an EIS is not an approval or disapproval of the project. RECOMMENDATION Staff recommends approval of Resolution No. 22-85. ATTACHMENTS 1. Resolution No. 22-85 2. Robinson Farm EAW (abridged) CITY OF LINO LAKES RESOLUTION NO.21-85 APPROVING THE DISTRIBUTION OF AN ENVIRONMENTAL ASSESSMENT WORKSHEET FOR ROBINSON SOD FARM WHEREAS, MN Rules Chapter 4410 establishes the requirements for the preparation of an Environmental Assessment Worksheets (EAW); and WHEREAS, Integrate Properties, LLC is proposing a residential development that would require an EAW based on its proposed number of dwelling units; and WHEREAS, the City has initiated an environmental review to determine if a project has the potential for significant environmental effects, as required by 4410.1000, Subpart 2; and WHEREAS, the project proposer has submitted data for an EAW and the City has reviewed the submitted data and determined to the best of the City's knowledge that the EAW is complete and accurate; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes approves the distribution of the Robinson Sod Farms EAW for public comment as required by MN Rules 4410.1500. Adopted by the City Council of the City of Lino Lakes this 8th day of August, 2022. The motion for the adoption of the foregoing resolution was introduced by Councilmember and was duly seconded by Councilmember 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 ROBINSON SOD FARM ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) rlff -, CITY: LINO LAKES COUNTY: ANOKA 6 ALLIANT ENVIRONMENTAL ASSESSMENT WORKSHEET II Robinson Sod Farm PAGE i Table of Contents Table of Contents Tables.......................................................................................................................................... ii Figures........................................................................................................................................ ii Appendices................................................................................................................................. ii 1. Project Title: Robinson Sod Farm.........................................................................................1 2. Proposer: Integrate Properties, LLC......................................................................................1 3. RGU: City of Lino Lakes........................................................................................................1 4. Reason for EAW Preparation: (Check One)...........................................................................2 5. Project Location...................................................................................................................2 6. Project Description..............................................................................................................2 7. Cover Types.........................................................................................................................5 8. Permits and Approvals Required..........................................................................................6 9. Land Use..............................................................................................................................7 10. Geology, Soils and Topography/Land Forms.........................................................................9 11. Water Resources...............................................................................................................10 12. Contamination/Hazardous Materials/Wastes.....................................................................17 13. Fish, Wildlife, Plant Communities, and Sensitive Ecological Resources (Rare Features) .......20 14. Historic Properties.............................................................................................................23 15. Visual.................................................................................................................................24 16. Air..................................................................................................................................... 24 17. Noise.................................................................................................................................26 18. Transportation...................................................................................................................26 19. Cumulative Potential Effects..............................................................................................29 20. Other Potential Environmental Effects...............................................................................29 References................................................................................................................................31 aALLIANT ENVIRONMENTAL ASSESSMENT WORKSHEET 11 Robinson Sod Farm PAGE ii Tables Table 1. Parcels within the Project Site for Residential Development ........................................... 3 Table 2a. Project Magnitude Data — PUD Concept Plan (557 Units) .............................................. 4 Table 2b. Project Magnitude Data —Yield Plan (707 Units)............................................................ 4 Table 3. Land Cover of the Project Site Before and After (Yield Plan) the Proposed Development.... 5 Table 4. Required Permits and Approvals for the Proposed Project .............................................. 6 Table 5. Soil Classifications on the Project Site.............................................................................. 9 Table 6. Water Wells Located Within the Project Site................................................................. 11 Table 7. What's in My Neighborhood Sites within 0.5 Miles of the Project Site ......................... 18 Table 8. State Rare Wildlife and Plant Species Within 0.5 Miles of the Project Site .................... 21 Table 9. Federal Rare Wildlife and Plant Species Within the Project Site .................................... 22 Figures Figure 1: Site Location map Figure 2: PUD Concept Plan — 557 Units Figure 3. Yield Plan — 707 Units Figure 4: Pre -Development Land Cover Figure 5: Post -Development Land Cover Figure 6: 2040 Future Land Use Map Figure 7. 100 Year FEMA floodplain Figure 8: Anoka County Soil Survey Figure 9: Public Waters Inventory Figure 10: National Wetland Inventory Figure 11: Minnesota Well Index Figure 12: Contaminated Sites/Environmental Permits and Registrations Appendices Appendix A. Figures Appendix B. Minnesota Department of Health Well Index Log Appendix C. MN DNR Natural Heritage Information System (NHIS) Concurrence Letter Appendix D. USFWS IPaC Review Appendix E. Minnesota State Historic Preservation Office (SHPO) Database Review Appendix F. Traffic Study aALLIANT ENVIRONMENTAL ASSESSMENT WORKSHEET // Robinson Sod Farm ENVIRONMENTAL ASSESSMENT WORKSHEET This Environmental Assessment Worksheet (EAW) form and EAW Guidelines are available at the Environmental Quality Board's website at: http://www.egb.state.mn.us/EnvRevGuidanceDocuments.htm. The EAW form provides information about a project that may have the potential for significant environmental effects. The EAW Guidelines provide additional detail and resources for completing the EAW form. Cumulative potential effects can either be addressed under each applicable EAW Item, or can be addresses collectively under EAW Item 19. Note to reviewers: Comments must be submitted to the RGU during the 30-day comment period following notice of the EAW in the EQB Monitor. Comments should address the accuracy and completeness of information, potential impacts that warrant further investigation and the need for an EIS. 1. Project Title: Robinson Sod Farm 2. Proposer: Integrate Properties, LLC Title: President Address: 6980 Sand Ridge Road City, State, ZIP: Eden Prairie, MN 55346 Phone: 612.328.5252 Fax: N/A Email: ian@integrateproperties.com 3. RGU: City of Lino Lakes Title: City Planner Address: 600 Town Center Parkway City, State, ZIP: Lino Lakes, MN 55014-1182 Phone: 651-982-2426 Fax: 651-982-2499 Email: klarsen@linolakes.us PAGE aALLIANT ENVIRONMENTAL ASSESSMENT WORKSHEET 11 Robinson Sod Farm 4. Reason for EAW Preparation: (Check One) ❑EIS Scoping ®Mandatory EAW ❑Citizen petition ❑RGU discretion ❑Proposer initiated If EAW or EIS is mandatory give EQB rule category subpart number(s) and name(s): 4410.4300 Subp 19. Residential Development 5. Project Location City/Township: Lino Lakes PLS Location (%, Y4, Section, NE % and NW % of the NW % of Section 7, Township 31, Range 22; Township, Range): NW % and SW % of the NE % of Section 7, Township 31, Range 22 Watershed (81 major watershed Mississippi River —Twin Cities scale): GPS Coordinates: Approximately 450 11' 39.82"N, 930 07' 57.33"W Property ID: 07-31-22-22-0001, 07-31-22-21-0001, 07-31-22-12-0001, 07-31-22-13-0001, 07-31-22-22-0002 6. Project Description a. Provide the brief project summary to be published in the EQB Monitor, (approximately 50 words). The Robinson project is a proposed low, medium, and high density residential development on an existing 158-acre agricultural area in the City of Lino Lakes, Anoka County, Minnesota. Two site plan alternatives have been developed for the project: • PUD Concept Plan —The PUD concept plan is expected to consist of 557 dwelling units of the following types: 0 242 single family detached homes 0 315 townhomes • Yield Plan —The yield plan, considered close to the maximum density allowed under future year 2040 land use plans, is expected to consist of 707 dwelling units of the following types: 0 263 single family detached homes 0 164 townhomes 0 280 multi -family units See Appendix A, Figures 2 and 3 for the PUD concept plan and yield plan. PAGE 2 aALLIANT ENVIRONMENTAL ASSESSMENT WORKSHEET II Robinson Sod Farm The project is located to the southeast of Sunset Avenue and 1251h Ave NE (Main Street, CSAH 14). The project will include new roads, stormwater features, and the installation of municipal sewer and water systems (Appendix A, Figure 1). b. Give a complete description of the proposed project and related new construction, including infrastructure needs. If the project is an expansion include a description of the existing facility. Emphasize: 1) construction, operation methods and features that will cause physical manipulation of the environment or will produce wastes, 2) modifications to existing equipment or industrial processes, 3) significant demolition, removal or remodeling of existing structures, and 4) timing and duration of construction activities. The proposed project includes the construction of a new single-family and multi -family residential housing development. This includes a range in units from the PUD concept plan of 557 units to the Yield plan of 707 units which are made up of single-family lots (55', 65', and 75' wide), row townhomes, rowhomes, and structured multi -family housing that will be associated with public access roads and private driveways. The proposed unit count on the site falls within the density range for the property provided in the City of Lino Lakes 2040 Comprehensive Plan. The project site is comprised of five parcels which are summarized below (Table 1). Table 1. Parcels within the Project Site for Residential Development 07-31-22-22-0001 37.51 Agriculture No existing infrastructure 07-31-22-21-0001 39.84 Agriculture No existing infrastructure 07-31-22-12-0001 39.79 Agriculture Existing farmstead to be removed 07-31-22-13-0001 39.91 Agriculture No existing infrastructure 07-31-22-22-0002 1.44 Residential Existing residence to remain Roadway access into the development will occur through Main Street and Sunset Ave as dictated by Anoka County. Other roadway access points have been provided to the property through the Century Farm development to the south at Cardinal Way, Robinson Drive, Century Trail, and Carl Street. Additionally, a pedestrian trail has been stubbed to the property from Century Farm Addition to the south, just west of the Cardinal Way Street connection to encourage recreational use. The development will create substantial stormwater basin areas that will be an amenity to the various housing types proposed within the project. The main Anoka County ditch system (ACD-10-22- 23 Main Trunk and Br2) will be preserved and protected while the newly created stormwater basins will provide for stormwater management goals and infrastructure improvements. The entire site will be mass graded in one phase to allow for the creation of the stormwater basins. Development of the neighborhood clusters with utilities and streets will be completed in multiple phases based on market demand. The developer will be responsible for site grading, utilities, sanitary sewer, water supply, roadway infrastructure, stormwater, and erosion control. Management of the site will fall to the individual owners and homeowner's association once construction is completed on site. PAGE 3 aALLIANT ENVIRONMENTAL ASSESSMENT WORKSHEET 11 Robinson Sod Farm Mass grading is anticipated to begin winter 2023 with the first phase of utilities and streets completed by July 2023. Home construction is anticipated to begin July 2023 with a full build out of the community taking place over four to five years depending on market conditions. c. Project magnitude: Table 2a. Project Magnitude Data — PUD Concept Plan (557 Units) Linear project length Number and type of residential units: PUD Concept Plan Commercial building area (in square feet) Industrial building area (in square feet) Institutional building area (in square feet) Other uses —specify (in square feet) 16,000 linear feet public roadway 6,800 linear feet private roadway 45 75-feet wide Single Family Lots 117 65-feet wide Single Family Lots 80 55-feet wide Single Family Lots 191 Row Townhomes 124 Back-to-back & Row Townhomes 557 total residential units N/A N/A N/A Stormwater ponds: 840,708 Lake: 270,072 Structure height(s) Back-to-back townhomes will be three stories tall (2 stories above a garage). Row townhomes will be two or three stories tall. Structured multi family housing will be two stories tall. Single Family Homes will be one or two stories tall. Table 3b. Project Magnitude Data — Yield Plan (707 Units) Linear project length Number and type of residential units: Yield Plan Commercial building area (in square feet) Industrial building area (in square feet) Institutional building area (in square feet) Other uses — specify (in square feet) Structure height(s) 13,600 linear feet public roadway 14,700 linear feet private roadway 148 80-feet wide Single Family Lots 386 Row Townhomes 172 Back-to-back & Row Townhomes 1 Existing Home on New Lot 707 total residential units N/A N/A N/A Stormwater ponds: 932,184 Back-to-back townhomes will be three stories tall (2 stories above a garage). Row townhomes will be two or three stories tall. Structured multi family housing will be two stories tall. Single Familv Homes will be one or two stories tall. PAGE 4 aALLIANT ENVIRONMENTAL ASSESSMENT WORKSHEET 11 Robinson Sod Farm d. Explain the project purpose; if the project will be carried out by a governmental unit, explain the need for the project and identify its beneficiaries. The purpose of the proposed project is to develop a residential neighborhood in the City of Lino Lakes. Based on the City of Lino Lakes' 2040 Comprehensive Plan, the City has designated this area of the community for future residential growth to meet the projected housing demands of current and future residents. It is the intent of the developer to create a low density, medium, and high residential neighborhood that contributes to the city's housing goals and objectives. e. Are future stages of this development including development on any other property planned or likely to happen? OYes ONo If yes, briefly describe future stages, relationship to present project, timeline and plans for environmental review. There are no future stages of this development that are planned or likely to occur. f. Is this project a subsequent stage of an earlier project? OYes xONo If yes, briefly describe the past development, timeline and any past environmental review. The project is not a subsequent stage of an earlier project. 7. Cover Types Estimate the acreage of the site with each of the following cover types before and after development: Table 4. Land Cover of the Project Site Before and After (Yield Plan) the Proposed Development Cropland 130 0 Residential 0 74 Grassland 1 0 Stormwater basin 0 21 Wooded/forested 0 0 Wetlands' 16 8 Lawn/Landscaping' 2 34 Facility Operation 3 0 Road Right -of -Way 6 20 Public Trail 0 1 TOTAL 158 158 ' Wetlands are calculated from the National Wetland Inventory (NWI). A wetland delineation has not been conducted on site yet. The mapped NWI features overlap with the private and public drainage features present on site. z The lawn/landscaping acreage after development does not reflect the lawn associated with each residential home. This is included in the residential cover type See Appendix A, Figures 4 and 5 for a graphic representation of this data. PAGE 5 ALLIANT ENVIRONMENTAL ASSESSMENT WORKSHEET II Robinson Sod Farm PAGE 6 8. Permits and Approvals Required List all known local, state and federal permits, approvals, certifications and financial assistance for the project. Include modifications of any existing permits, governmental review of plans and all direct and indirect forms of public financial assistance including bond guarantees, Tax Increment Financing and infrastructure. All of these final decisions are prohibited until all appropriate environmental review has been completed. See Minnesota Rules, Chapter 4410.3100. The permits listed below in Table 4 are the permits required for the proposed project. Table S. Required Permits and Approvals for the Proposed Project U.S. Army Corps of Engineers (USACE) Clean Water Act Section 404 Permit To be submitted Minnesota Department of Health Watermain Extension Permit To be submitted (MDH) Minnesota Department of Natural Water Appropriation Permit (Construction Dewatering) To be submitted Resources (MN DNR) Conditional Letter of Map Revision (CLOMR) To be submitted, if necessary Minnesota Pollution Control Agency National Pollution Discharge Elimination System To be submitted (MPCA) (NPDES)/State Disposal System (SDS) General Permit Sanitary Sewer Extension Approval To be submitted Section 401 Water Quality Certification or Waiver To be submitted 10-day Demolition Notification If needed Rice Creek Watershed District Wetland Conservation Act Delineation Boundary To be submitted Concurrence Wetland Impact and Replacement Plan To be submitted Stormwater Management Plan To be submitted Erosion and Sediment Control Plan To be submitted Floodplain Alteration Permit To be submitted Public Drainage System Permit To be submitted Anoka County Access Permit(s) To be submitted Right -of -Way Permit To be submitted City of Lino Lakes Rezoning and Preliminary Plat To be submitted Final Plat Approval To be submitted Municipal Water Connection Permit To be submitted Sanitary Sewer Connection Permit To be submitted Grading Permit To be submitted Building Permit To be submitted aALLIANT ENVIRONMENTAL ASSESSMENT WORKSHEET 11 Robinson Sod Farm PAGE 9. Land Use a. Describe: Existing land use of the site as well as areas adjacent to and near the site, including parks, trails, prime or unique farmlands. The existing land use on site is sod farm agriculture. Anoka County Ditch 10-22-32's main trunk and branch 2 run through the site. The site is surrounded by agriculture, rural residential, single- family residential, multi -family residential, and undeveloped land. The closest parks to the project include: Parks less than 1 mile from the project site include: o Century Farm North Park (undeveloped): 500 feet to the south o Behm's Park: 2000 feet to the south o Highland Meadows Park: 0.5 mile to the east • Parks within approximately 1 mile of the project include: o Blaine's Lochness Park: southwest o Blaine Wetland Sanctuary: southwest o Lino Park: east o Rice Creek Chain of Lakes Regional Park Reserve: southeast o Blaine Lexington Athletic Complex: southwest There is a city trail that stubs into the south end of the property. The majority of the site is not considered prime farmland or soils of statewide importance based on the USDA NRCS Web Soil Survey. Further discussion about soils within the project site is provided in Item 10. Plans. Describe planned land use as identified in comprehensive plan (if available) and any other applicable plan for land use, water, or resources management by a local, regional, state, or federal agency. The site is split up into four planned land uses based on the City of Lino Lake's 2040 Comprehensive Plan. The planned land use for the west and south ends of the site is Low Density Residential (1.6 — 3.0 units per acre). The planned land use for the central and northern end of the project is a mix of Medium Density Residential (4.0 — 6.0 units per acre), High Density Residential (6.0 — 8.0 units per acre), and Planned Residential / Commercial (8.0-10.0 units per acre) with opportunities for neighborhood scale retail, service, and office uses (Appendix A, Figure 6; City of Lino Lakes, 2020). The site is required to meet the requirements of the surface water management plans of the City of Lino Lakes, Rice Creek Watershed District, and the MPCA NPDES General Permit. Stormwater basins are incorporated throughout the development. aALLIANT ENVIRONMENTAL ASSESSMENT WORKSHEET 11 Robinson Sod Farm PAGE iii. Zoning, including special districts or overlays such as shoreland, floodplain, wild and scenic rivers, critical area, agricultural preserves, etc. According to the 2021 City of Lino Lakes Zoning Map, the property is currently shown as R - Rural. The proposed project site will establish a PUD zoning for the development site, compatible and consistent with the City's goals and objectives for the property. The site falls within the 100 year FEMA floodplain area and Rice Creek Watershed District floodplain area (Appendix A, Figure 7). b. Discuss the project's compatibility with nearby land uses, zoning, and plans listed in Item 9a above, concentrating on implications for environmental effects. The project's proposed land use as mostly low density residential with some medium and high density residential is compatible with adjacent land uses, zoning, and plans. The proposed land use to the north, east, and south include similar land uses, according to the City of Lino Lakes 2040 Comprehensive Plan. The proposed development will incorporate mitigation measures to minimize environmental effects as discussed in the following sections of this EAW. c. Identify measures incorporated into the proposed project to mitigate any potential incompatibility as discussed in Item 9b above. The majority of the site falls within floodplain Zone A and will require a floodplain alteration permit from Rice Creek Watershed District. It may be necessary to get a Conditional Letter of Map Revision (CLOMR) from the DNR for the floodplain alteration. The main trunk and branch 2 of Anoka County Ditch 10-22-32 will be preserved and protected along with the private ditches on site. The proposed development plans to follow the PUD Concept Plan and will follow all necessary City requirements for this type of development. The project proposes to incorporate road connections to existing roadways and a future road stub to the east. aALLIANT ENVIRONMENTAL ASSESSMENT WORKSHEET 11 Robinson Sod Farm 10. Geology, Soils and Topography/Land Forms a. Geology - Describe the geology underlying the project area and identify and map any susceptible geologic features such as sinkholes, shallow limestone formations, unconfined/shallow aquifers, or karst conditions. Discuss any limitations of these features for the project and any effects the project could have on these features. Identify any project designs or mitigation measures to address effects to geologic features. The bedrock geology of the site primarily consists of Jordan Sandstone and the St. Lawrence Formation. Depth to bedrock is between 150' and 200' for the majority of the site, with an area between 100'-150' in the northeast part of the site and an area between 200' and 250' on the south edge of the site (Mossler, 2013). The surficial geology of the site consists of muck/peat in the west and sand facies in the east (Meyer, 2013). There are no known geologic hazards, karst, sinkholes, or other conditions that would require mitigation measures on the property (Berg, 2016). b. Soils and topography - Describe the soils on the site, giving NRCS (SCS) classifications and descriptions, including limitations of soils. Describe topography, any special site conditions relating to erosion potential, soil stability or other soils limitations, such as steep slopes, highly permeable soils. Provide estimated volume and acreage of soil excavation and/or grading. Discuss impacts from project activities (distinguish between construction and operational activities) related to soils and topography. Identify measures during and after project construction to address soil limitations including stabilization, soil corrections or other measures. Erosion/sedimentation control related to stormwater runoff should be addressed in response to Item 11.b.ii. The USDA NRCS Web Soil Survey indicates that the project site includes 5 soil mapping units that consist mostly of muck and peat that are hydric soils (Appendix A, Figure 8; Table 5.). The soils are very limited for dwellings without basements, single family dwelling units, and local roads that include factors such as ponding, frost action, and subsidence. The Web Soil Survey indicates that organic soils are not as susceptible to rill and sheet erosion as mineral soils. The sandy soils of the area have a relatively low erodibility with K-factors ranging from 0.1 to 0.24. The grading operations during construction is expected to impact approximately 155 acres and require large volumes of soil corrections. Grading will include approximately 600,000 cubic yards of soil. The grading will involve the movement of soil to construct new roads, building residential pads, and stormwater features. Table 6. Soil Classifications on the Project Site Rf Rifle mucky peat 48.3% 100 Hydric Not prime farmland Markey muck, Ma occasionally ponded, 32.3% 100 Hydric Not prime farmland 0 to 1 percent slopes Iw Isanti fine sandv loam 12.9% 93 Hvdric Not grime farmland PAGE 9 aALLIANT ENVIRONMENTAL ASSESSMENT WORKSHEET 11 Robinson Sod Farm PAGE 10 LnA Lino loamy find sand, 5.7% 5 Non-hydric Farmland of statewide importance 0 to 4 percent slopes Zimmerman find sand, ZmB 1 to 6 percent slopes 0.8% 2 Non-hydric Not prime farmland A review of the 2-foot contours of site shows that it is relatively flat, ranging from 896 to 900 feet above sea level. A network of drainage ditches cross through the site at elevations of 892 to 894 feet above sea level. The development of the area will disturb more than one acre of land. Therefore the project will require a National Pollutant Discharge Elimination System/State Disposal System (NPDES/SDS) General Permit administered by the Minnesota Pollution Control Agency (MPCA) prior to initiation of earthwork. In compliance with the General NPDES Permit for construction activities, the project proponent and construction contractor will implement Best Management Practices (BMPs) to reduce erosion and sedimentation and stabilize exposed soils after construction. Erosion and sediment control BMPs related to stormwater runoff are discussed in greater detail within Item 11.b.ii. NOTE: For silica sand projects, the EAW must include a hydrogeologic investigation assessing the potential groundwater and surface water effects and geologic conditions that could create an increased risk of potentially significant effects on groundwater and surface water. Descriptions of water resources and potential effects from the project in EAW Item 11 must be consistent with the geology, soils and topography/land forms and potential effects described in EAW Item 10. 11. Water Resources a. Describe surface water and groundwater features on or near the site in a.i. and a.ii. below. i. Surface water - lakes, streams, wetlands, intermittent channels, and county/judicial ditches. Include any special designations such as public waters, trout stream/lake, wildlife lakes, migratory waterfowl feeding/resting lake, and outstanding resource value water. Include water quality impairments or special designations listed on the current MPCA 303d Impaired Waters List that are within 1 mile of the project. Include DNR Public Waters Inventory number(s), if any. According to the Minnesota Department of Natural Resources (MN DNR) Public Waters Inventory, there are no public water wetlands, basins or waterways present on the project site and within 1 mile of the site (Appendix A, Figure 9). The NWI map identified five wetland types within the project site including 1 riverine (R2UBFx), that corresponds to the public and private ditches on site, and four seasonally flooded/saturated emergent wetlands (3 PEM1d and 1 PEM1Af). Rice Creek Watershed Map Viewer identifies one Anoka County ditch, ACD-10-22-32 Main Trunk and Branch 2 (Appendix A, Figure 10). An on -site field wetland delineation is expected to be conducted in summer 2022. After regulator review of the wetland delineation, a Notice of Decision (NOD) will be issued. aALLIANT ENVIRONMENTAL ASSESSMENT WORKSHEET II Robinson Sod Farm The National Hydrography Map (NHD) identifies ditches throughout the property that correspond with the NWI riverine features identified on site and the Anoka County ditch. The Minnesota Pollution Control Agency (MPCA) Impaired Waters Map does not identify any impaired waterways or basins within the project site and within 1 mile of the project site. ii. Groundwater— aquifers, springs, seeps. Include: 1) depth to groundwater; 2) if project is within a MDH wellhead protection area; 3) identification of any onsite and/or nearby wells, including unique numbers and well logs if available. If there are no wells known on site or nearby, explain the methodology used to determine this. Groundwater levels vary across the site. In the soil boring testing locations, groundwater ranged from approximately 5 to 10 feet below the soil surface. However, it should be noted that the observation periods for the borings were relatively short, and project planning can expect groundwater levels to fluctuate based on seasonal and annual factors such as flooding, irrigation, precipitation, freeze/thaw, and surface drainage modifications. Based on the MN DNR Minnesota Spring Inventory, there are no springs or seeps located within the project site. The project site is not located within a MDH wellhead protection area. The project site is within 0.5 mile of the Minnesota correctional facility — Lino Lakes drinking water supply management area (DWSMA) and within approximately 1.5 mile of the City of Blaine's (East) DWSMA. There are two wells located on site. Their unique well numbers are 231862 and 444819 (Appendix A, Figure 11; Appendix B). See Table 6 below for more information on the wells. On site wells will be sealed in accordance with MDH requirements. Table 7. Water Wells Located Within the Project Site 231862 900 N/A 720 196 N/A Multiple Yes 444819 899 Domestic 200 185 45 Jordan Yes * Data was taken from the MDH's Well Index (https:Hmnwellindex.web.health.state.mn.us/) b. Describe effects from project activities on water resources and measures to minimize or mitigate the effects in Item b.i. through Item b.iv. below. i. Wastewater - For each of the following, describe the sources, quantities and composition of all sanitary, municipal/domestic and industrial wastewater produced or treated at the site. 1) If the wastewater discharge is to a publicly owned treatment facility, identify any pretreatment measures and the ability of the facility to handle the added water and waste loadings, including any effects on, or required expansion of, municipal wastewater infrastructure. PAGE 11 aALLIANT ENVIRONMENTAL ASSESSMENT WORKSHEET 11 Robinson Sod Farm PAGE 12 The project is expected to produce domestic wastewater that is typical of a residential development. In the City of Lino Lake's Comprehensive Plan, the City forecasts the future trunk sewers and lift station's necessary to accommodate the future growth within the City. These forecasts are broken out by sewer planning district and this project site is located within Sewer District 2. The project will connect to an existing sanitary sewer line located on Robinson Drive and extend an existing 15" sanitary sewer north through the site and an existing 10" sanitary sewer east through the site. There will be several 8" internal sanitary sewers extending throughout the project site that connect and flow to the main trunk sewer. City Lift Station No. 10 is located downstream of the proposed development. It has a firm capacity of 400 gallons per minute (gpm) and an existing residual capacity of 317 gpm. This lift station is projected to require upsizing prior to full development of the project site. Wastewater will flow through City gravity pipes, lift stations, and force main pipes that will eventually flow to the Metropolitan Council Environmental Services (MCES) Interceptor 8361, located on North Road on the Lino Lakes/Circle Pines boundary. The MCES pipe system and treatment facility was designed with capacity for residential development in this area. The MCES Interceptor 8361 eventually flows to the Metropolitan Wastewater Treatment Plant (MWWTP) in St. Paul. This wastewater plant is located approximately three miles south of downtown St. Paul near Pig's Eye Lake on the Mississippi River. The MWWTP has a capacity to treat 314 million gallons of wastewater per day (MGD) and receives 159 MGD as of February 2022. Metropolitan Council's 2040 Water Resources Policy Plan includes a specific plan to serve the region's projected growth through and beyond 2040. In the MPCA's future wastewater infrastructure needs report from 2020, it identified that the average residential wastewater production is 167 gallons per day (MPCA, 2020). Therefore, it is possible that the development could generate approximately 93,019 gallons of wastewater per day for the PUD concept plan and 118,069 gallons of wastewater per day for the yield plan. Additional wastewater coming from the proposed project has been planned for and is not expected to require the expansion of wastewater treatment infrastructure and will not raise any wastewater treatment capacity concerns. 2) If the wastewater discharge is to a subsurface sewage treatment systems (SSTS), describe the system used, the design flow, and suitability of site conditions for such a system. N/A 3) If the wastewater discharge is to surface water, identify the wastewater treatment methods and identify discharge points and proposed effluent limitations to mitigate impacts. Discuss any effects to surface or groundwater from wastewater discharges. N/A ii. Storm water— Describe the quantity and quality of storm water runoff at the site prior to and post construction. Include the routes and receiving water bodies for runoff from the site (major downstream water bodies as well as the immediate receiving waters). Discuss any environmental effects from storm water discharges. Describe stormwater pollution prevention plans including temporary and permanent runoff controls and potential BMP site locations to manage or treat aALLIANT ENVIRONMENTAL ASSESSMENT WORKSHEET 11 Robinson Sod Farm PAGE 13 stormwater runoff. Identify specific erosion control, sedimentation control or stabilization measures to address soil limitations during and after project construction. Pre -Construction Site Runoff The existing runoff from the project site likely contains sediments, pesticides, fertilizers, and other nutrients from the existing agriculture land. The site drains to the system of public and private ditches that exist across the property. Post -Construction Site Runoff The land use on the project site will change from agricultural to residential use. The estimated impervious surface for the PUD concept plan is 50 acres and the estimated impervious surface for the yield plan is 62 acres. All impervious surfaces will be mitigated through required stormwater treatment. During construction, there will likely be an increase in runoff from suspended solids, heavy metals, and oil/grease. After construction, the runoff from the residential site will be typical of suburban development with the increase in impervious surfaces and maintained lawn/landscape areas. It is anticipated that the proposed constructed stormwater management system will aide in limiting the increase in runoff volume and associated pollutant transport. The stormwater basins proposed on site will be constructed at logical discharge points of the site to provide temporary treatment, prior to construction stormwater leaving the site. Infiltration is not feasible on the site due to the site's high water table; therefore, other stormwater ponding methods will be used to meet the stormwater requirements of the site. Large stormwater basin features will be provided for floodplain mitigation. Stormwater runoff quality and quantity will be designed to meet the requirements of the City of Lino Lakes, Rice Creek Watershed District, and MPCA National Pollutant Discharge and State Disposal System (NPDES/SDS). Stormwater and Erosion Control BMPs Prior to construction, the project proponent will be required to submit an application to the MPCA for coverage under the NPDES/SDS General Permit since the project will involve the disturbance of more than one acre of land. In addition, the City of Lino Lakes and Rice Creek Watershed District will review and accept these plans prior to the start of construction. Best management practices (BMPs) will be installed prior to and maintained throughout construction to reduce erosion and sediment loading into stormwater runoff. This will ensure that potential adverse effects from construction -related sediment and erosion will be reduced in the surrounding area. To confirm that the BMPs are effectively reducing erosion and sediment loading, the BMPs will be inspected once a week or within 24 hours after each rainfall event that exceeds 0.5 inches. Some of the main BMPs that will be implemented on the construction site include: Installation of silt fence and other perimeter controls prior to initiation of earthwork and maintenance of these controls until ground cover has been established on exposed areas. Construction of temporary sediment basins in areas proposed for stormwater ponds. The development of these basins for permanent use will follow construction. Periodic street cleaning and installation of a rock construction entrance to reduce tracking of dirt onto public streets. aALLIANT ENVIRONMENTAL ASSESSMENT WORKSHEET II Robinson Sod Farm PAGE 14 • Stabilization of exposed soils within the time limits specified in the General NPDES permit • Inlet protection around any stormwater inlets on site • Energy dissipation, such as riprap, installed at storm sewer outfalls • Use of cover crops, native seed mixes, sod, and landscaping to stabilize exposed surface soils after final grading. A complete list of BMPs will be described in the Storm Water Pollution Prevention Plan (SWPPP) prepared for this project. iii. Water appropriation — Describe if the project proposes to appropriate surface or groundwater (including dewatering). Describe the source, quantity, duration, use and purpose of the water use and if a DNR water appropriation permit is required. Describe any well abandonment. If connecting to an existing municipal water supply, identify the wells to be used as a water source and any effects on, or required expansion of, municipal water infrastructure. Discuss environmental effects from water appropriation, including an assessment of the water resources available for appropriation. Identify any measures to avoid, minimize, or mitigate environmental effects from the water appropriation. Water Appropriation The City of Lino Lakes anticipates that the municipal water supply system will be able to meet the projected demand without expanding its current MN DNR water appropriation permit (#1985- 6168). Temporary groundwater appropriation may be necessary during construction for mass grading and to install utilities. Temporary construction dewatering greater than 10,000 gallons per day or 1 million gallons per year and less than 50 million gallons per year will require authorization under DNR General Permit 1997-0005. Well Abandonment As mentioned in Section 11.a.ii., the Minnesota County Well Index indicated that there are two wells located on the northern parcel near the two existing residence. Both wells will be sealed and removed using the MDH regulations prior to development in the area in order to mitigate for potential groundwater contamination. Connection to Existiniz Municipal Water SUppl The City of Lino Lakes has constructed a 12" trunk watermain that is located at the southwest corner of the development in Robinson Drive. The trunk watermain extension included in this project will provide domestic water service for the proposed development and future developments in the area. Water for the project will be supplied by the City of Lino Lake's public water supply system which consists of six active MN DNR permitted groundwater production wells, three elevated storage tanks, a booster station, and a system of trunk and lateral watermains ranging in diameter from 6 to 16 inches. The city does not treat its water at a central treatment facility and instead provides chemical addition at each well to disinfect, prevent tooth decay, and control iron and manganese precipitation. The water in the six wells is pumped from the Jordan Sandstone Aquifer and meets all health requirements. No surface water supply is currently available (City of Lino Lakes, 2020). aALLIANT ENVIRONMENTAL ASSESSMENT WORKSHEET 11 Robinson Sod Farm PAGE 15 Lino Lakes residential water demand from 2016 to 2020 was 65 gallons per person per day of water. Based on a three person household, it is estimated that the PUD Concept Plan will use approximately 108,615 gallons per day of water and the Yield Plan will use approximately 137,865 gallons per day of water. Measures to avoid, minimize, or mitigate environmental effects of groundwater consumption include many approaches that will result in a reduction of overall water demand. These include utilization of smart irrigation technology, water conservation, water use efficiency improvements, limitations on irrigation, stormwater reuse for irrigation, low water use landscaping, and use of low flow fixtures. iv. Surface Waters 1) Wetlands - Describe any anticipated physical effects or alterations to wetland features such as draining, filling, permanent inundation, dredging and vegetative removal. Discuss direct and indirect environmental effects from physical modification of wetlands, including the anticipated effects that any proposed wetland alterations may have to the host watershed. Identify measures to avoid (e.g., available alternatives that were considered), minimize, or mitigate environmental effects to wetlands. Discuss whether any required compensatory wetland mitigation for unavoidable wetland impacts will occur in the some minor or major watershed, and identify those probable locations. An on -site field wetland delineation has not been completed at this time, but will occur during the summer of 2022. Any wetlands identified within the project site are regulated at the state level by the Wetland Conservation Act (WCA) which is administered by the Minnesota Board of Water and Soil Resources (BWSR). Rice Creek Watershed District is the WCA Local Government Unit (LGU) where the project site is located. At the federal level, wetlands are regulated under Section 401/404 of the Federal Clean Water Act (CWA) that is administered by the MPCA (Section 401 Certification) and the U.S. Army Corps of Engineers (Section 404 Permit). There are no MN DNR public waters, public water wetlands, or public watercourses within the project. Thus, an MN DNR public waters permit will not be necessary for this project site. Potential Impacts to Wetlands on Site Based on the potential PUD and yield concept plans, it is possible that permanent wetland fill could occur on site. The permanent wetland fill could potentially be eight acres in size; however, this estimate is only based on desktop mapping from the Minnesota National Wetland Inventory and is subject to change based on the wetland delineation that is still in progress and needs to be approved. Based on the results of the field wetland delineation, the concept plan may need to be altered to avoid and minimize wetland impact where feasible. An Approved Jurisdictional Determination (AJD) will likely be obtained, if necessary, from the Army Corps of Engineers once the delineation is finalized and impacts are known on site. aALLIANT ENVIRONMENTAL ASSESSMENT WORKSHEET 11 Robinson Sod Farm PAGE 16 Components of Wetland Replacement Plan The project proponent will be required to submit a wetland replacement plan for approval under WCA and potentially under the CWA if there are impacts to jurisdictional features on site. In the replacement plan, the project proponent will need to demonstrate compliance with the WCA sequencing process by evaluating site design alternatives and avoiding and minimizing impacts on wetlands. In addition, the project proponent will also be required to implement BMPs or other management practices that help reduce and eliminate wetland impacts over time. Wetland impacts will be avoided, minimized, and mitigated by: • Avoiding delineated jurisdictional water resources where feasible • Aligning roadways to avoid wetlands wherever practicable • Setting the residential units back from the wetlands and water resources where practicable • Implementing sedimentation and water quality protection BMPs to reduce and eliminate secondary wetland impacts over time • Treating stormwater from impervious surfaces to remove sediment and nutrients prior to discharging into wetlands • Defining upland buffers adjacent to wetlands, seeding disturbed buffers with native vegetation, and making wetland buffers with monuments to protect wetlands in compliance with the City of Lino Lake's Ordinance. • Provide compensatory wetland mitigation to offset unavoidable wetland impacts and replace wetland function. Compensatory Wetland Mitigation Compensatory wetland mitigation for unavoidable wetland impacts will occur by purchasing available wetland credits from approved wetland banks. The Rice Creek Watershed District mitigation requirements, outlined in Rule F: Wetland Alteration, will be followed to determine the appropriate wetland replacement ratio for the site and to identify the appropriate wetland bank to purchase wetland credits from. The wetland bank identified will be dependent on available credit balances when the wetland replacement plan is finalized. Wetland Buffers Wetlands that will be preserved on site will need to comply with Rice Creek Watershed District's wetland buffer requirements as outlined in Rule F: Wetland Alteration. Physical Effect 2) Other surface waters- Describe any anticipated physical effects or alterations to surface water features (lakes, streams, ponds, intermittent channels, county/judicial ditches) such as draining, filling, permanent inundation, dredging, diking, stream diversion, impoundment, aquatic plant removal and riparian alteration. Discuss direct and indirect environmental effects from physical modification of water features. Identify measures to avoid, minimize, or mitigate environmental effects to surface water features, including in -water Best aALLIANT ENVIRONMENTAL ASSESSMENT WORKSHEET 11 Robinson Sod Farm PAGE 17 Management Practices that are proposed to avoid or minimize turbidity/sedimentation while physically altering the water features. Discuss how the project will change the number or type of watercraft on any water body, including current and projected watercraft usage. There is one public Anoka County ditches, ACD-10-22-32 Main Trunk and Branch 2, and private ditches on the project site. The field wetland delineation, that will be completed in the summer 2022, will identify these areas in the report. The project site is mapped within the 100 year FEMA floodplain area which corresponds with the Rice Creek Watershed floodplain area (Appendix A, Figure 7). See Item 8 for the list of approvals related to floodplain alteration. 12. Contamination/Hazardous Materials/Wastes a. Pre -project site conditions - Describe existing contamination or potential environmental hazards on or in close proximity to the project site such as soil or ground water contamination, abandoned dumps, closed landfills, existing or abandoned storage tanks, and hazardous liquid or gas pipelines. Discuss any potential environmental effects from pre -project site conditions that would be caused or exacerbated by project construction and operation. Identify measures to avoid, minimize or mitigate adverse effects from existing contamination or potential environmental hazards. Include development of a Contingency Plan or Response Action Plan. The MPCA's "What's in my Neighborhood" (WIMN) search indicated there is 1 brownfield determination on the project site and one petroleum tank release to the immediate north. Braun Intertec conducted the following investigations on the site: • Environmental Sampling Report, December 22, 2016 • Phase II Environmental Assessment, January 11, 2019 • Level 1 Assessment, March 12, 2020 • Environmental Excavation Report, March 12, 2020 • Phase 1 Environmental Site Assessment, March 8, 2022. The MPCA issued a no action letter on May 27, 2020. In the letter, they stated that the extent and magnitude of the release(s) have been defined, and the identified contamination does not pose a risk to human health or the environment at this time. They also stated that future development of the site should assume that petroleum contamination is present, and the MPCA should be notified if any is encountered during future work (MPCA Site ID BF0001475). The project proposer will develop a plan to remove petroleum contamination prior to the development of the site. The tank release to the immediate north (across CSAH 14) was closed by the MPCA. In their Petroleum Tank Release Site File Closure letter, dated September 19, 2008, they also state that future development in the area should assume that petroleum contamination may still be present (MPCA Site ID LEAK00016576). aALLIANT ENVIRONMENTAL ASSESSMENT WORKSHEET 11 Robinson Sod Farm PAGE 18 An asbestos and regulated materials (ARM) assessment will be completed prior to the demolition of the farmstead and an a 10-day demolition notification will be made to the MPCA/MDH if asbestos containing material (ACM) is identified during the ARM assessment. If ACM and/or other regulated solid waste is identified during the ARM assessment requiring removal, generated solid waste will be disposed of at an MPCA permitted landfill. In addition to the brownfield and tank release identified, there are 10 sites within 0.5 miles of the proposed project site as shown in the MPCA's database (Appendix A, Figure 12; Table 7). Six are construction stormwater permits associated with residential development or drainage improvement, and four are associated with petroleum tanks, hazardous waste, and underground tanks. Information on the MPCA's website indicates that these sites have been properly investigated and managed. Therefore, these sites are not expected to adversely affect the project site. The Minnesota Department of Agriculture's (MDA) What's in My Neighborhood database indicates that there are no sites within 0.5 miles of the project site. Table 8. What's in My Neighborhood Sites within 0.5 Miles of the Project Site Aboveground tanks, 107252 underground tanks, Robinson Landscaping Active, Inactive* Yes brownfields* 226150 Construction stormwater Century Farm North 71h Active No, within 0.5 miles 157490 Construction stormwater Morell Borrow Pit Active No, within 0.5 miles 212682 Construction stormwater Century Farm North 6th Addition Active No, within 0.5 miles Anoka County Ditch 10-22-32 141380 Construction stormwater Inactive No, within 0.5 miles Maintenance 3 Petroleum remediation, 191075 Caroll Busch Residence Inactive No, within 0.5 miles leak site 107177 Underground tanks Goldade Richard J Inactive No, within 0.5 miles Hazardous waste generator, minimal 21238 A & L Sod Inc Active, Inactive* No, within 0.5 miles quantity, petroleum remediation*, leak site* Level Street NE Improvement 224787 Construction stormwater Inactive No, within 0.5 miles project CSAH 14 from Lexington to OpalStreet 228696 Construction stormwater Active No, within 0.5 miles 139362 Hazardous waste Blaine House Demo Inactive No, within 0.5 miles Source: MPCA's "What's in My Neighborhood" Database https://pca-gis02.pca.state.mn.us/wimn2/index.html aALLIANT ENVIRONMENTAL ASSESSMENT WORKSHEET 11 Robinson Sod Farm PAGE 19 a. Project related generation/storage of solid wastes - Describe solid wastes generated/stored during construction and/or operation of the project. Indicate method of disposal. Discuss potential environmental effects from solid waste handling, storage and disposal. Identify measures to avoid, minimize or mitigate adverse effects from the generation/storage of solid waste including source reduction and recycling. The proposed project is a residential subdivision. Waste material and debris associated with construction will be contained on site and disposed of in a manner consistent with the City of Lino Lakes Ordinances. Once constructed, the project should only generate municipal solid waste and household hazardous waste. The 2018 Anoka County Solid Waste Management Master Plan estimated each person generates 1.16 tons of municipal solid waste annually. The following analysis provides a calculation based on the range of units as established in the site plan: PUD Concept Plan (557 Units): Low, Medium, High 557 1.16 2.87 1,854 Density Residential Yield Plan (707 Units): Low, Medium, High 707 1.16 2.87 2,354 Density Residential *Based on Met Council and 2020 Census Residents will contract individually for solid waste management and recycling services through one of the city's licensed haulers. Anoka County provides free recycling and disposal of hazardous wastes at the Household Hazardous Waste Facility located in the nearby city of Blaine. b. Project related use/storage of hazardous materials - Describe chemicals/hazardous materials used/stored during construction and/or operation of the project including method of storage. Indicate the number, location and size of any above or below ground tanks to store petroleum or other materials. Discuss potential environmental effects from accidental spill or release of hazardous materials. Identify measures to avoid, minimize or mitigate adverse effects from the use/storage of chemicals/hazardous materials including source reduction and recycling. Include development of a spill prevention plan. During construction, the project will follow the NPDES permit requirements and city ordinances to avoid and minimize effects from the use or storage of hazardous materials/chemicals. Refueling of construction equipment will be in contained areas with drip pans. The contractor will be required to clean up spills and report them immediately as required by Minnesota law/NPDES permit. The contractor will also contain any washout operations (including concrete, paint, etc.) The containment area will be posted with signs and inspected so that it does not generate any contaminated runoff. aALLIANT ENVIRONMENTAL ASSESSMENT WORKSHEET 11 Robinson Sod Farm PAGE20 c. Project related generation/storage of hazardous wastes - Describe hazardous wastes generated/stored during construction and/or operation of the project. Indicate method of disposal. Discuss potential environmental effects from hazardous waste handling, storage, and disposal. Identify measures to avoid, minimize or mitigate adverse effects from the generation/storage of hazardous waste including source reduction and recycling. During construction, the project will follow the NPDES permit requirements and city ordinances to avoid and minimize effects from the storage of hazardous waste. Generation of small quantities of household hazardous waste will occur when residents are living on the property. Anoka County provides free recycling and disposal of hazardous wastes at the Household Hazardous Waste Facility located in the nearby city of Blaine. 13. Fish, Wildlife, Plant Communities, and Sensitive Ecological Resources (Rare Features) a. Describe fish and wildlife resources as well as habitats and vegetation on or in near the site. The habitats and vegetation present on site primarily consist of agriculture. Parcel 1 of the project site also consists of landscaped lawn and mature deciduous trees around the existing residential property. Based on desktop analysis, there are private and public ditches that run throughout the property. Additionally, there are potentially farmed wetland features present on site. Therefore, there is potential habitat available for fish species on the project site. Due to the disturbed nature of the project site, common wildlife species adapted to agriculture and suburban environments, such as white-tailed deer, songbirds, and small mammals (squirrels, rabbits, raccoons), are likely to occur within the project site. b. Describe rare features such as state -listed (endangered, threatened or special concern) species, native plant communities, Minnesota County Biological Survey Sites of Biodiversity Significance, and other sensitive ecological resources on or within close proximity to the site. Provide the license agreement number (LA- ) and/or correspondence number (ERDB ) from which the data were obtained and attach the Natural Heritage letter from the DNR. Indicate if any additional habitat or species survey work has been conducted within the site and describe the results. State The MN DNR NHIS database was queried (License agreement # 181676) to determine whether known locations of rare plant, animal species, or other significant natural features are known to occur within an approximate one -mile radius of the project site. A MN DNR NHIS concurrence request letter was sent to the MN DNR to concur with the findings of the NHIS database query. The MN DNR issued their NHIS review letter in May 2022 and their findings are described in Appendix C. The NHIS review identified eight vegetation species and one reptile species occurring within one mile of the site. There are no state listed species within the project site. These species include: aALLIANT ENVIRONMENTAL ASSESSMENT WORKSHEET 11 Robinson Sod Farm Table 9. State Rare Wildlife and Plant Species Within 0.5 Miles of the Project Site A bristle -berry Rubus fulleri T Shallow wetlands on sandplains Autumn fimbry Fimbristylis autumnalis SS Sedge meadows on Anoka Sandplain Well -drained and sandy soil or dry Black huckleberry Gaylussacia baccata T sandstone outcrops in fire -dependent forests Cross -leaved mulkwort Polygala cruciata E Sedge meadows on Anoka Sandplain Low, moist meadows, moist swales in Lance -leaf violet Viola lanceolata var. lanceolata T sand dunes and savannas, occasionally sandy lakeshores PAGE 21 Moist sand along margins of Swamp blackberry Rubus semisetosus T groundwater -fed swales or marshes that are grass or sedge dominated habitats. In Anoka Sandplain Toothcup Rotala ramosior T Sandy margins of small ponds and lakes in the Anoka Sandplain Twisted yellow -eyed grass Xyris torta E Peatlands, floating mats, bogs, and fens . Shallow, slow -moving waters with Blanding's turtle Emydoidea blandingii T abundant vegetation, such as grassy marshes, mesic prairies, slow -moving rivers, and shallow lakes and ponds 'MN Status Abbreviations: E = endangered; T = threatened; SS = special concern IMN Status and Habitat found here: https://www.dnr.state.mn.us/rsg/index.htmi Federal The U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC) online tool was used to obtain information on federally listed threatened and endangered species in the project site (USFWS, 2022a) (Appendix D). One federally listed species is expected to occur on or near the project site within the project site. This includes the threatened northern long-eared bat (Myotis septentrionai5). In addition, the monarch butterfly (Danaus piexippus), a candidate for the Endangered Species Act (ESA), is listed to occur on or near the project site. In addition, no critical habitats are listed to occur throughout the project site. Northern long-eared bat: The northern long-eared bat hibernates in caves and mines during the winter and spends the summer roosting in cavities and crevices of both live trees and snags (dead trees). At dusk, the bats usually fly through the understory of forested areas and feed on a variety of insect species (USFWS, 2022b). As of June 2021, MN DNR does not show documented maternity roost trees or hibernacula entrances of northern long-eared bats occurring within the project or within the immediate project vicinity. There is an identified hibernaculum near the Mississippi River in South St. Paul (MN DNR & USFWS, 2021). Monarch butterfly: The monarch butterfly prefers field and park habitat where milkweed and native plants are common. This is a common insect in Minnesota that is seen throughout the summer (MN DNR 2022). aALLIANT ENVIRONMENTAL ASSESSMENT WORKSHEET 11 Robinson Sod Farm PAGE22 In addition to IPaC, the USFWS Rusty Patched Bumble Bee Map indicates that the project site falls within the Low Potential Zone. The low potential zones are those where the bumble bee will not likely be present and the high potential zones are the areas the bumble bee will likely be present (USFWS, 2022c). The rusty patched bumble bee, a federally endangered bee, occupies grasslands and tallgrass prairie areas and feeds on a variety of flowering plants throughout the spring to fall until it goes into hibernation in the winter (USFWS, 2017). Table 10. Federal Rare Wildlife and Plant Species Within the Project Site Northern long- Myotis Forests during spring and eared bat septentrionolis LT Special Concern summer, caves and mines P (roost trees) during winter Monarch Donous Fields and parks where butterfly plexippus C Watchlist milkweed and native N plants are common Rusty patched Grasslands and tallgrass bumble bee Bombus affinis E Special Concern prairie, flowering plants IN 1 Federal Status Codes: LT = Listed Threatened; C = Candidate f 1Habitat Codes: N = No, no records of species within study area and no suitable habitat is present c. Discuss how the identified fish, wildlife, plant communities, rare features and ecosystems may be affected by the project. Include o discussion on introduction and spread of invasive species from the project construction and operation. Separately discuss effects to known threatened and endangered species. The project is expected to convert approximately 140 acres of sod farm, including existing sod farm operation buildings, into a residential development. The residential development will include new public roads, homes, stormwater basins, and maintained lawns/landscaping. During construction of the site, mobile wildlife present on the project site will likely disperse to adjacent and/or similar habitats. However, less mobile species may likely experience more adverse effects from construction. Once construction is completed, the project will likely displace those wildlife species dependent on agricultural cropland for habitat. Additionally, the development is not expected to have substantial effect on rare state and federally listed species and sensitive natural environments. Based on the habitat descriptions for the state listed rare plants and animals within 1 mile of the project site, it is unlikely that this site provides suitable habitat for these species to become established and exist on site. The site undergoes routine disturbance to vegetation and soil due to the sod farming practices, the hydrology is manipulated through private and public drainage systems, and any potential wetlands present on site have been farmed. aALLIANT ENVIRONMENTAL ASSESSMENT WORKSHEET 11 Robinson Sod Farm PAGE23 The project is not likely to adversely affect the northern long-eared bat (NLEB) because there are no known maternity roosts or hibernacula of this species on the project site and within the project vicinity (MN DNR & USFWS, 2021). There are less than 10 tree species on site and they are concentrated by the sod farm office space. Tree clearing is not expected to substantially impact NLEB's roosting, breeding, and feeding given the limited amount of available existing trees on site. Construction will be mindful of the tree clearing exclusion dates and to the extent possible, clear trees between October and April. This will reduce the risk of impacting migratory songbirds and roosting bats, if they are potentially in the small cluster of trees present by the existing sod farm office space. • The project site is not known to contain highly suitable habitat for the monarch butterfly and the rusty patched bumble bee. The vegetation habitat available on site is dominantly by sod and not flowering plants that would attract the monarch butterfly and rusty patched bumble bee. The residential development of the site will likely improve pollinator habit by increasing native plant diversity through landscapes buffers and reducing pesticide use. BMPs consisting of erosion control measures, listed under Item 11.b.ii., will be installed on the project site prior to construction to control invasive species and weeds to the extent practicable. Since the project site is in sod farm production, the site has been manipulated to reduce weedy and invasive species. After construction and grading are complete, the exposed soil will be planted with turf grass (for residential units) or approved, native seed mixes designed to establish desirable vegetation in order to mitigate the risk of invasive species. d. Identify measures that will be taken to avoid, minimize, or mitigate adverse effects to fish, wildlife, plant communities, and sensitive ecological resources. As part of the development, the creation of stormwater basins, lawn/landscaping, and trees will greatly improve the existing conditions of the project site. The proposed improvements will increase habitat for fish, wildlife, and plant communities on -site that did not exist before. Any slopes requiring semi -permanent reinforced netting will use non -plastic biodegradable fabric or rectangular shapes to mitigate impacts to wildlife. 14. Historic Properties Describe any historic structures, archeological sites, and/or traditional cultural properties on or in close proximity to the site. Include: 1) historic designations, 2) known artifact areas, and 3) architectural features. Attach letter received from the State Historic Preservation Office (SHPO). Discuss any anticipated effects to historic properties during project construction and operation. Identify measures that will be taken to avoid, minimize, or mitigate adverse effects to historic properties. A data request was submitted to the Minnesota State Historic Preservation Office (SHPO) to determine if there were any historical or archaeological sites identified on site. The SHPO responded stating that there are no known historical or archaeological records for the project site. See Appendix E for the SHPO correspondence. aALLIANT ENVIRONMENTAL ASSESSMENT WORKSHEET 11 Robinson Sod Farm PAGE24 15. Visua a. Describe any scenic views or vistas on or near the project site. Describe any project related visual effects such as vapor plumes or glare from intense lights. Discuss the potential visual effects from the project. Identify any measures to avoid, minimize, or mitigate visual effects. The existing views from the site include agriculture, residential development, wetlands, open field, and forested areas. This project will not create any unusual visual impacts. The visual effect will transition views from predominately open flat agriculture land to single family homes and townhomes, public access roads, and stormwater basins. The project will not include intense lighting that will cause glare and the residential developments will not produce vapor plumes. The outdoor lighting along the streets will be strategically placed to benefit the residents as they navigate the development and will not direct any light towards sensitive areas. Landscape plantings will be included in the development per the City of Lino Lakes landscape ordinance. This will include tree and shrubs plantings along portions of the site's perimeter. The landscape plantings will help soften the visual transition between the open space and residential developments adjacent to the site. 16. Ai r a. Stationary source emissions - Describe the type, sources, quantities and compositions of any emissions from stationary sources such as boilers or exhaust stacks. Include any hazardous air pollutants, criteria pollutants, and any greenhouse gases. Discuss effects to air quality including any sensitive receptors, human health or applicable regulatory criteria. Include a discussion of any methods used assess the project's effect on air quality and the results of that assessment. Identify pollution control equipment and other measures that will be taken to avoid, minimize, or mitigate adverse effects from stationary source emissions. The proposed residential subdivision will generate small sources of stationary source emissions through home heating and cooling through natural gas and electricity. This will result in direct and indirect sources of stationary greenhouse gas emissions (GHG) at a small quantity. Emissions are expected to be similar to those of the single-family and multi -family residential units adjacent to the site. The Minnesota Environmental Quality Board (EQB) is currently working on a pilot program to understand how to integrate GHG quantification and assessment into the Environmental Review documents. However, the requirements and methods are not required for the document yet. Thus, the GHG for this document will be qualitative. The primary GHG's are carbon dioxide (CO2), nitrous oxide (N20), methane (CH4), sulfur hexafluoride (SF6), and two classes of compounds called hydrofluorocarbons (HFCs) and perfluorocarbons (PFCs). Carbon dioxide is the most abundant GHG and has the largest effect on the climate. Emissions are reported as carbon dioxide equivalent (CO2-e) tons and are stated in terms that reflect their global warming potential (GWP) (MPCA, 2021). aALLIANT ENVIRONMENTAL ASSESSMENT WORKSHEET 11 Robinson Sod Farm PAGE25 GHGs emissions for the project are expected to come from: • Fossil fuels and natural gas used to generate electricity used during construction and operation of the project site and to heat residential home and residential water. • Vehicle and air transportation related to project construction and operation • Refrigeration and air conditioning in each residential home • Transport and treatment of solid waste and wastewater GMG emissions from the project are not expected to cause potential significant environmental effects. The project requires this mandatory EAW due to the surpassing the residential development unit threshold. GHG mitigation measures may be incorporated into the project design and may include: • Smart irrigation to reduce outdoor water use • Energy efficient light and building materials to reduce electricity use • Plant no -mow fescue mixed or native prairie/pollinator gardens to decreased mowing and increase carbon sequestration in common areas around residential units. b. Vehicle emissions - Describe the effect of the project's traffic generation on air emissions. Discuss the project's vehicle -related emissions effect on air quality. Identify measures (e.g. traffic operational improvements, diesel idling minimization plan) that will be taken to minimize or mitigate vehicle - related emissions. The proposed residential subdivision will generate a small increase in carbon monoxide levels associated with an increase in residential passenger vehicle trips. The project does not require an indirect source permit. No baseline air quality monitoring or modeling is proposed and no measures to mitigate for the increase in vehicle related emissions are being considered. c. Dust and odors - Describe sources, characteristics, duration, quantities, and intensity of dust and odors generated during project construction and operation. (Fugitive dust may be discussed under item 16a). Discuss the effect of dust and odors in the vicinity of the project including nearby sensitive receptors and quality of life. Identify measures that will be taken to minimize or mitigate the effects of dust and odors. Dust will be generated during the construction process on the site. The contractors will be required to control dust by using watering trucks. The adjacent residential parcels and air park to the south will be the nearest receptors of the dust. Mitigation of the short-term dust and odors impacts will be managed through proper coordination and construction planning. aALLIANT ENVIRONMENTAL ASSESSMENT WORKSHEET 11 Robinson Sod Farm PAGE26 17. Noise Describe sources, characteristics, duration, quantities, and intensity of noise generated during project construction and operation. Discuss the effect of noise in the vicinity of the project including 1) existing noise levels/sources in the area, 2) nearby sensitive receptors, 3) conformance to state noise standards, and 4) quality of life. Identify measures that will be taken to minimize or mitigate the effects of noise. The existing noise levels and sources in the area are those typical of residential development and agriculture farming. The nearest noise receptors to the site are single family residential homes and a sod farm. The nearest noise receptors will experience noise levels during construction that are elevated in comparison to existing noise levels. Grading and excavation activities on site will require heavy construction equipment. Noise levels will temporarily increase during construction of the site then return to existing levels during operation consistent with the zoned residential purpose of the property. Noise levels on site will vary depending on where construction is occurring on site, time of operation, and distance between receptors and construction equipment. Construction noise can be mitigated by restricting construction work to daytime hours. Contractors will be required to minimize noise impacts by maintaining equipment properly, including noise controls as specified by manufactures. The project will adhere to the City of Lino Lake's noise rules and standards that indicates noise should occur within specified levels depending on land use and time of day. After construction, noise levels are expected to be at or near existing levels. Noise associated with the project will be related to residential vehicle noise. A combination of berms, landscaping, and fencing will be used to provide noise mitigation for the adjacent residential developments. Similar to construction noise, the residential use of the property will adhere to the City's noise rules and standards. A noise study will be prepared detailing noise mitigation for the site and submitted with the preliminary plat submittal for the development. 18.Transportation a. Describe traffic -related aspects of project construction and operation. Include: 1) existing and proposed additional parking spaces, 2) estimated total average daily traffic generated, 3) estimated maximum peak hour traffic generated and time of occurrence, 4) indicate source of trip generation rates used in the estimates, and S) availability of transit and/or other alternative transportation modes. Alliant completed a Traffic Impact Study for the residential development (See Appendix F). The Traffic Study analyzes the traffic impacts of the proposed development by estimating trips generated by the project and evaluating the potential need for transportation or roadway improvements for the development. 1) The majority of the proposed development site is currently undeveloped agricultural land with no parking spaces, though one business is present with a limited supply of parking. The proposed development will consist of approximately 707 residential dwelling units (149 single-family aALLIANT ENVIRONMENTAL ASSESSMENT WORKSHEET II Robinson Sod Farm PAGE27 detached homes and 558 townhomes). Assuming two parking spaces per dwelling unit, the proposed additional parking supply is approximately 1,400 spaces, primarily in the form of attached garages. 2) The proposed development is expected to generate approximately 5,656 daily vehicle trips when fully constructed and occupied. 3) The proposed development is expected to generate approximately 476 vehicle trips during the daily peak hour when fully constructed and occupied. The daily peak hour is the p.m. peak hour, which is expected to occur at some point within the 4:00-6:00 p.m. timeframe. 4) The Institute of Transportation Engineers Trip Generation Manual, 11th Edition, was used to estimate the trip generation potential for the proposed development. 5) Currently, the project area is not served by scheduled transit routes. Metro Mobility and Transit Link are shared -ride, curb -to -curb minibus or van services which do serve the project area. Weekday express bus service to downtown Minneapolis and the University of Minnesota campus currently originates from the 95th Avenue park -and -ride along 1-35W in nearby Blaine. Weekday express bus service is also available to downtown Saint Paul and currently originates from the County Road 14 park -and -ride in eastern Lino Lakes. While these transit services will be available to future residents of the proposed development, they are not expected to have a significant impact on vehicular ingress and egress at the development site. Connections to sidewalks and trails are available through the adjacent Century Farm North residential neighborhood. Continued growth of the residential sidewalk and trail network will also occur within the proposed development. Trails will be extended through the west and southeast portions of the proposed development as well as along Robinson Drive and Century Trail. A future trail is planned along Main Street. b. Discuss the effect on traffic congestion on affected roads and describe any traffic improvements necessary. The analysis must discuss the project's impact on the regional transportation system. If the peak hour traffic generated exceeds 250 vehicles or the total daily trips exceeds 2,500, a traffic impact study must be prepared as part of the EAW. Use the format and procedures described in the Minnesota Department of Transportation's Access Management Manual, Chapter 5 (available at: http.//www.dot.state.mn.us/accessmanagem ent/resources.html) or a similar local guidance. The anticipated vehicular trip generation for the proposed development exceeds 250 peak hour trips and 2,500 daily trips. Therefore, a traffic impact study was prepared for the proposed development. The Robinson Property residential development is proposed to be constructed on approximately 157 acres of agricultural land located in the southeast quadrant of the Main Street/Sunset Avenue intersection in Lino Lakes, MN. The traffic impacts of proposed development trips on surrounding study intersections were analyzed for year 2025 and year 2040 conditions. The following conclusions are offered for consideration: • Results of the existing traffic operations analysis indicate that all study intersections currently operate at overall LOS A during the weekday a.m. and p.m. peak hours. In addition, no side -street delay or queuing issues were observed in the field or traffic simulations. aALLIANT ENVIRONMENTAL ASSESSMENT WORKSHEET 11 Robinson Sod Farm PAGE28 • Results of the year 2025 and year 2040 no build traffic operations analysis indicate that all study intersections are expected to operate at overall LOS A during the weekday a.m. and p.m. peak hours. In addition, no side -street delay or queuing issues were observed in traffic simulations. • Results of the year 2025 and year 2040 build traffic operations analysis indicate that all study intersections are expected to operate at overall LOS B or better during the weekday a.m. and p.m. peak hours. In addition, no side -street delay or queuing issues were observed in traffic simulations. • The proposed development is expected to have limited impact on study area traffic operations or the regional transportation system. Therefore, no geometric or traffic control improvements are required from an operations perspective. c. Identify measures that will be taken to minimize or mitigate project related transportation effects. While roadway improvements are not required from a traffic operations or regional transportation system perspective, the following recommendations should be considered: • Dedicated eastbound right -turn and westbound left -turn lanes are proposed at the Main Street/North Access (Century Trail) intersection. A dedicated northbound right -turn lane is proposed at the Sunset Avenue/West Access intersection. A dedicated southbound left -turn lane is proposed at the Sunset Avenue/Robinson Drive intersection. While these turn lanes are not required from an operations perspective, they would be expected to provide a safety benefit in minimizing the potential for rear -end crashes. • Caution should be exercised when placing development signing and/or landscaping near proposed site accesses so as to not create a new sight obstruction. • Turning movements should be reviewed to ensure design vehicles such as school buses and garbage trucks have adequate accommodations to negotiate internal proposed development roadways. • Establish appropriate traffic control at proposed development internal roadway intersections consistent with local jurisdiction policies to minimize driver confusion and the potential for conflicts. See Appendix F for the Traffic Study. aALLIANT ENVIRONMENTAL ASSESSMENT WORKSHEET 11 Robinson Sod Farm PAGE29 19. Cumulative Potential Effects (Preparers can leave this item blank if cumulative potential effects are addressed under the applicable EAW Items) a. Describe the geographic scales and timeframes of the project related environmental effects that could combine with other environmental effects resulting in cumulative potential effects. Potential effects are addressed under the applicable EAW items. b. Describe any reasonably foreseeable future projects (for which a basis of expectation has been laid) that may interact with environmental effects of the proposed project within the geographic scales and timeframes identified above. The City of Lino Lakes 2040 Future Land Use plan dictates medium density, high density, and planned residential/commercial development to the north and east of this proposed property. However, currently there are no proposed or foreseeable future developments occurring on these properties while the project is being constructed. c. Discuss the nature of the cumulative potential effects and summarize any other available information relevant to determining whether there is potential for significant environmental effects due to these cumulative effects. Potential effects are addressed under the applicable EAW items. 20.Other Potential Environmental Effects If the project may cause any additional environmental effects not addressed by items 1 to 19, describe the effects here, discuss the how the environment will be affected, and identify measures that will be taken to minimize and mitigate these effects. The project will not cause any additional environmental effects not addressed by items 1 to 19. aALLIANT ENVIRONMENTAL ASSESSMENT WORKSHEET 11 Robinson Sod Farm RGU CERTIFICATION (The Environmental Quality Board will only accept SIGNED Environmental Assessment Worksheets for public notice in the EQB Monitor.) I hereby certify that: • The information contained in this document is accurate and complete to the best of my knowledge. • The EAW describes the complete project; there are no other projects, stages or components other than those described in this document, which are related to the project as connected actions or phased actions, as defined at Minnesota Rules, parts 4410.0200, subparts 9c and 60, respectively. • Copies of this EAW are being sent to the entire EQB distribution list. Signature Title City Planner `4. 8�ar.st') Date July 15, 2022 PAGE 30 6 ALLIANT ENVIRONMENTAL ASSESSMENT WORKSHEET 11 Robinson Sod Farm PAGE 31 References Berg, J.A., 2016, Geologic atlas of Anoka County, Minnesota (Part B): Minnesota Department of Natural Resources, County Atlas Series C-27, report and pls. 7-9, http://www.dnr.state.mn.us/waters/programs/gw section/mapping/platesum/anokcga.htm1. City of Lino Lakes. 2020. Lino Lakes 2040 Comprehensive Plan. https://Iinolakes.us/compplan Metropolitan Council. 2022. Sewer Availability Charge (SAC) Procedure Manual. Retrieved from https:Hmetrocouncil.org/Wastewater-Water/Funding-Finance/Rates-Charges/Sewer-Availability- Ch a rge/SAC-Pubs/Sewer-Ava i l a b i I ity-Ch arge-Manual-2019. a s px Meyer, G.N., 2013, Geologic Atlas of Anoka County, Minnesota (Part A): County Atlas Series C-27, report and plate 3 — surficial geology. Minnesota Pollution Control Agency (MPCA). 2020. Future wastewater infrastructure needs and capital costs —fiscal year 2020 biennial survey of wastewater collection and treatment. Retrieved from https://www.pca.state.mn.us/sites/default/files/Irwq-wwtp-1sy20.pdf Minnesota Pollution Control Agency (MPCA). 2021. Greenhouse gas emissions inventory 2005-2018. Retrieved from https://www.pca.state.mn.us/sites/default/files/Iraq-lsy21.pdf Mossler, J.H., 2013, Geologic Atlas of Anoka County, Minnesota (Part A): County Atlas Series C-27, plate 2 &6. MN DNR. 2022. Monarch butterfly (Danaus plexippus). Retrieved from https://www.dnr.state.mn.us/insects/monarchbutterfly.htm1#::text=Habitat%o20and%20range,to%20heI p%20the%20butterfly%20popu lation. MN DNR & U.S. Fish and Wildlife Service (USFWS). 2021. Townships Containing Documented Northern Long -Eared Bat (NLEB) Maternity Roost Trees and/or Hibernacula Entrances in Minnesota. Retrieved from https://files.dnr.state.mn.us/eco/ereview/minnesota nleb township list and map.pdf United States Fish and Wildlife Service (USFWS). 2017. Fact Sheet: Rusty patched bumble bee (Bombus offinis). Retrieved from https://www.fws.gov/midwest/endangered/insects/rpbb/factsheetrpbb.html USFWS. 2022a. Information for Planning and Consultation (IPaC). Retrieved from https:Hecos.fws.gov/ipa USFWS. 2022b. Northern Long -Eared Bat (Myotis septentrionalis). Retrieved from https://www.fws.gov/Midwest/endangered/mammals/nleb/nlebFactSheet.html USFWS. 2022c. Rusty Patched Bumble Bee Map. 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LO N� ��t bian Cir , w ;'• ti O Toot - y I p 10 I- a•. p : try - (n or = i � a LLL _ � O -- 3N any;asung � N — _ fir, . • � r" � Y °' A > 2 tin 'Ai •� aF O U) WIZ 6 0 0 LU —j z 3N-QAV-mivao— AMMM =1 h OAV qjf7 -CD co co cu a) co 0 %k 0 CD —j e her" 4L a) Lo t 4�j CD 714- CN 0 10. CD Ln CO 10 N any jasunS z+ oc 0 V, CC) I-- I.r 10 1, co 0I 0 L w C, a) CD CDni z CD 3N IS JOA ,It CN Lu LU U) 43 1"." U) (D N r -f CU CD 2 9AVUOjbU1X9-,j 10 E 0 LL 0 a. co 2 4 CITY COUNCIL AGENDA ITEM 6B STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: August 8, 2022 TOPIC: Consider Resolution No. 22-74 Approving Lot Combination Variance for 6966 and 6970 Lake Drive VOTE REQUIRED: 315 INTRODUCTION Staff is requesting Council consideration of Resolution No. 22-74 approving a lot combination variance for 6966 and 6970 Lake Drive. BACKGROUND The property owners of 6966 and 6970 Lake Drive, Robert and Carol Stanek, submitted a Land Use Application for a variance from State and City zoning and shoreland requirements to combine the two (2) contiguous nonconforming lots. ANALYSIS The Stanek's own the following contiguous lots: Year Existing Land Acquired Per Address PID # Lot Size Use Recorded Deeds Vacant Lot w/ 6966 Lake Drive #19-31-22-41-0006 4.00 acres Illegal Accessory 2013 Structure 6970 Lake Drive #19-31-22-41-0005 3.75 acres Existing House 1996 They live in the house located at 6970 Lake Drive. The illegal accessory structure on 6966 Lake Drive is for their farm animals and remains a zoning code violation to date. Property History The City has been working with the Stanek's since 2014 to bring their two (2) lots into compliance regarding illegal accessory structures, farm animals, and lot combination. September 2014: Stanek's illegally housed farm animals on their R-1, Single Family Residential zoned lots and constructed accessory structures without permits. Staff met with the Stanek's and explained the code violations as well as the lot combination requirement. • January 2015: Stanek's submitted Land Use Application to rezone their two (2) lots from R-1, Single Family Residential to R, Rural to allow for the keeping of farm animals. • March 2015: Rezoning denied per Council Resolution No #15-21 due to spot zoning. • August 24, 2015: Seventeen (17) parcels along Lake Drive (including Stanek's) were rezoned to R, Rural per Ordinance No. 07-15. This allowed Stanek's to keep farm animals • October 19, 2015: Staff mailed a letter to the Stanek's regarding lot combination and building permit requirements. The letter also included the one page Anoka County form to combine the lots. • November 4, 2015: Staff mailed another letter to Stanek's as follow up to October 19, 2015 code enforcement letter. • December 7, 2015 Council Work Session: The lot combination requirement was discussed again with City Council. • December 11, 2015: Staff emailed Carol Stanek again regarding the lot combination requirement. • December 14, 2015: Carol Stanek responded to staff email stating "I will have my attorney look at this and get back to you." • May 9, 2022: Staff received a call from an individual interested in building a house on 6966 Lake Drive. • May 10, 2022: 6966 Lake Drive listed on MLS realtor site. Staff mailed and emailed a letter to the Stanek's noting requirement to combine lots and that 6966 Lake Drive cannot be sold or developed separately. • June 13, 2022: Stanek's submitted land use application for variance from lot combination requirement. City Zoning Ordinance The lots are both zoned R, Rural. Per City Code Section 1007.080(2)(a) and (b), the required minimum lot size is ten (10) gross acres and the minimum lot width is 330ft. Both lots are less than 10 acres and are approximately 200 ft wide. Both lots are substandard, unsewered, and non -conforming because they do not meet the minimum lot size or the lot width requirements. The following City ordinances and State Statutes support the lot combination requirement. 0 Per City Code Section 1007.001(2) Definitions: NON -CONFORMING USES. A use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district. Staff Comment: It should be noted that when the lots were zoned R-1, Single Family Residential they were still non -conforming and substandard because they were not served by public sanitary sewer and water as required in the R-1 district. • Per City Code Section 1007.041 Non -Conforming Uses and Structures: (1) Purpose. It is the purpose of this section to provide for the regulation of non- conforming buildings, structures and uses and to specify those requirements, circumstances, and conditions under which non -conforming buildings, structures and uses will be operated and maintained. The Zoning Ordinance establishes separate districts, each of which is an appropriate area for the location of uses which are permitted in that district. It is necessary and consistent with the establishment of these districts that non -conforming buildings, structures and uses not be permitted to continue without restriction. Furthermore, it is the intent of this section that all non -conforming uses shall be eventually brought into conformity. Staff Comment: It is specially stated that the intent of the nonconforming ordinance is that all nonconforming uses shall be eventually brought into conformity. Combining the 2 lots will create one 7.75 acre lot that is 400 ft wide. The new lot will meet lot width requirements and will be closer in conformance of a 10 acre lot. • Per City Code Section 1007.042(1) Lot of Record: (a) Any substandard unsewered lot of record existing at the effective date of this Ordinance and held in separate ownership different from the ownership of adjoining lots may be used for the erection of a structure conforming to the use regulations of this Ordinance provided that: 1. The lot was a separate parcel with its own parcel identification number on the date of the adoption of this Ordinance. 2. It can be demonstrated that the lot can accommodate the proposed principal structure, onsite well if the public water system is not available, and an onsite wastewater treatment system including both a primary and secondary drain field area in accordance with MN Stat. 7080 and other applicable requirements. 3. The lot has direct frontage on an improved public street which has been accepted for maintenance by the City of Lino Lakes. 4. All building and site improvements adhere to all required setbacks. Staff Comment: This zoning section also specifically addresses any substandard unsewered lot held in separate ownership different from the ownership of adjoining lots may be used for the erection of a structure. The vacant lot addressed 6966 Lake Drive is not held in separate ownership from 6970 Lake Drive and cannot be used for the erection of a structure. Citv Shoreland Ordinance Both lots are located within the Shoreland Management Overlay district of Rice Lake which is classified as a natural environment lake. The purpose of requiring the two (2) substandard lots to be combined is to create one (1) parcel that is more in compliance with minimum lot size and lot width requirements. • Per City Code Chapter 1102: Shoreland Management Overlay: o Section 1102.07 Zoning and Water Supply/Sanitary Provisions. (1) Lot area and width standards. (a) Residential Zoning Districts a. Lot Area per Unit: Unsewered lot on a Natural Environment Lake is 10 acres b. Lot Width: Unsewered lot on a Natural Environment Lake is 330ft. o Section 1102.08 Nonconformities. (1) Construction on nonconforming lots of record. (c) If, in a group of two or more contiguous lots under the same ownership, any individual lot does not meet the requirements of § 1102.07(1), the lot must not be considered as a separate parcel of land for the purposes of sale or development. The lot must be combined with the one or more contiguous lots so they equal one or more parcels of land, each meeting the requirements of § 1102.07 of this chapter as much as possible. Minnesota State Statute • Per Minnesota State Statute 462.357 Subd.le. Nonconformities related to shoreland lots: (f) In a group of two or more contiguous lots of record under a common ownership, an individual lot must be considered as a separate parcel of land for the purpose of sale or development, if it meets the following requirements: (1) the lot must be at least 66 percent of the dimensional standard for lot width and lot size for the shoreland classification consistent with Minnesota Rules, chapter 6120; (2) the lot must be connected to a public sewer, if available, or must be suitable for the installation of a Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, and local government controls; (3) impervious surface coverage must not exceed 25 percent of each lot; and (4) development of the lot must be consistent with an adopted comprehensive plan. (g) A lot subject to paragraph (f) not meeting the requirements of paragraph (f) must be combined with the one or more contiguous lots so they equal one or more conforming lots as much as possible. Minnesota Rules Chapter 6120 Minnesota Rule 6120.3300 Subp.2(D) further discusses the nonconforming lot combination requirement. The rule also establishes minimum statewide shoreland lot size and lot width requirements. The MNDNR minimum unsewered riparian lot size on a natural lake is 80,000sf and the minimum lot width is 200ft. However, where the requirements of the City ordinance, State Statute, or Rule are more or less restrictive, the more restrictive standards shall apply (Rule 6120.2800 Subpart 1. and City Code 1102.02(6)). In this instance, the City's 10 acre lot size and 330ft lot width are more restrictive and shall apply. Applicant's Narrative The property owners submitted the attached narrative. Staff notes the Stanek's have been aware of the lot combination requirement since 2014. MnDNR Comments The DNR reviewed the variance land use application and stated the City has standards much stricter than statute for shoreland lot sizes, so they have no comments. Findings of Fact Resolution No. 22-74 details the findings of fact. RECOMMENDATION Staff recommended denial of the variance. The Planning & Zoning Board reviewed the variance application on July 13, 2022 and motioned to approve the variance with a 4-2 vote with the following conditions: 1. A Shoreland Buffer Declaration shall be recorded against both lots similar to Poehling Addition, Stern Addition, and Lake Amelia Woods Addition. 2. The illegal accessory structure located at 6966 Lake Drive shall be removed prior to the lot being listed for sale. 3. Any farm animals located at 6966 Lake Drive shall be removed prior to the lot being listed for sale. 4. The number of allowed farm animals located on 6970 Lake Drive shall comply with the requirements of the R, Rural zoning district. a. No more than one (1) animal unit per two (2) acres. b. 6970 Lake Drive is 3.75 acres = 1.88 animal units allowed i. For example: 1. One (1) horse = 1 animal unit 2. One 50 pound goat = 0.05 animal units ATTACHMENTS 1. Site Location & Aerial Map 2. Applicant's Narrative 3. Resolution No. 22-74 4. Shoreline Buffer Declaration N Site Location & Aerial Map W' 0 100 200 400 CIA i Y V O F - �/` E mmmmmmmmmmFeet IV IBC 6966 & 6970 Lake Drive S CRITICAL DATES REFERENCE 6966 & 6970 Lake Drive 199441 — Robert Stanek purchased land and house at 6970 Lake Drive 2003-2004 — Alma (Leonard) LeTendre, who lived at 6958 Lake Drive and owned 6966 Lake Drive, sold 6966 to Lite Jehovah Witness Church (actual date is pending). 2013-0 7 — Robert & Carol Stanek purchased 6966 Lake Drive from the Jehovah Witness Church 2014-09-23 —Received letter from Lino Lakes Building Official reference city code violations on 6966 Lake Drive for the following items: a) Construction of accessory structures (horse shelter) on property requiring city permit b) Construction of fence on property requiring city permit c) Accessory structures and fence may not be allowed per city requirements No reference in this letter requiring the two lots be combined per city or county ordinances. 2014-2015 —Petition to Planning Council and City Council requesting land zone change from R-1 Residual (single family) to Rural to "allow for the keeping of farm animals" on the 6966 land for recreational use of horses, goats and chickens. Petition was approved with all land in Subdivision #151 (19.31.22.41 )001-0015) and Seaplane base be rezoned rural with an effective date listed as August 2015. 2015-10-19 —Received letter from City Planner informing us that additional items needed to be addressed in order to bring the property into ordinance compliance: a) Lot combination — request that lots 19.31.22.41.0006 be combined with lot 19.31.22.41.005 b) Construction plans for additional structures c) Fence Permit for storage of farm animals d) Number of Accessory Structures 2015-10-23 —Initial inspection completed by Lino Lakes Building Official. Construction plans approved. 2015-11-04 —Received follow-up letter from City Planner reference the four items noted on 19 October 2015. 201541-20 —Follow up inspection completed by LL Building Official. No specifics on results of inspection. No additional follow-up was conducted or noted after this period of time from either the Lino Lakes City Planner or Council, or Anoka County personnel reference instruction to combine the two lots. 2022-03 —Started process with local realtor to list and sell the 6966 Lake Drive as a separate lot 2022-04 —Formally listed 6966 Lake Drive as lot available for sale (supposedly City Planner received inquires) 2022-05-09 —Received letter from City Planner informing us that we could not sell 6966 as an individual lot for sale and we had to combine the 6966 lot with 69701ot as required by letter noted above on 2015.10.19. 2022-0643 —Submit formal request to City Planner and Planning Council for variance to sell the 6966 lot CITY OF LINO LAKES RESOLUTION NO.22-74 RESOLUTION APPROVING A LOT COMBINATION VARIANCE FOR 6966 AND 6970 LAKE DRIVE WHEREAS, the property owners of 6966 and 6970 Lake Drive, Robert and Carol Stanek, submitted a Land Use Application for a variance from State and City zoning and shoreland management requirements to combine the two (2) contiguous nonconforming lots; and WHEREAS, the lot sizes and legal description of the two (2) lots are as follows: • 6966 Lake Drive, PID # 19-31-22-41-0006, 4.00 acres: Lot 6 Auditor's Subdivision No. 151, Anoka County • 6970 Lake Drive, PID # 19-31-22-41-0005, 3.75 acres: Lot 5 Auditor's Subdivision No. 151, Anoka County; and WHEREAS, both lots are zoned R, Rural. Per City Code Section 1007.080(2)(a) and (b), the required minimum lot size is ten (10) gross acres and the minimum lot width is 33Oft. Both lots are less than 10 acres and are approximately 200 ft wide. Both lots are substandard, unsewered, and non -conforming because they do not meet the minimum lot size or the lot width requirements. WHEREAS, the following City Ordinances and State Statutes support the combination of the two (2) lots; and • City Code Section 1007.041(1) Non -Conforming Uses and Structures • City Code Section 1007.042(1)(a) Lot of Record • City Code Chapter 1102: Shoreland Management o Section 1102.08(1)(c) Nonconformities • Minnesota State Statute 462.357 Subd.1e.(f) and (g) Nonconformities • Minnesota Rule 6120.3300 Subp.2(D) WHEREAS, the property owners requested a variance from the lot combination requirement; and WHEREAS, the Planning & Zoning Board reviewed the variance application on July 13, 2022 and motioned to approve the variance with a 4-2 vote. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby makes the following: FINDINGS OF FACT No variance shall be granted unless it meets all the criteria in paragraphs 1. through 7. below. The City shall make findings regarding compliance with these criteria. 1. The variance shall be in harmony with the general purposes and intent of the ordinance. The following are the general purposes and intent of the City ordinances: • City Code Section 1007.041 Non -Conforming Uses and Structures: (1) Purpose. It is the purpose of this section to provide for the regulation of non- conforming buildings, structures and uses and to specify those requirements, circumstances, and conditions under which non -conforming buildings, structures and uses will be operated and maintained. The Zoning Ordinance establishes separate districts, each of which is an appropriate area for the location of uses which are permitted in that district. It is necessary and consistent with the establishment of these districts that non -conforming buildings, structures and uses not be permitted to continue without restriction. Furthermore, it is the intent of this section that all non -conforming uses shall be eventually brought into conformity. • City Code Section 1007.080 R, Rural District: (1) Purpose. This district is designed and intended to aid in guiding development toward fulfillment of the Comprehensive Plan and to serve the following functions: (b) To help guide development of urban and rural areas along an orderly design to preserve continuity and efficiency of service. • Chapter 1102: Shoreland Management Overlay: (2) Policies. The uncontrolled use of shorelands of the city affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise subdivision, use and development of shorelands of public waters. The Legislature of Minnesota has delegated responsibility to local governments of the state to regulate the subdivision, use and development of shorelands of public waters and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related land resources. The responsibility for the management of shoreland areas is hereby recognized by the city. The variance to waive the requirement to combine the two (2) nonconforming lots is in harmony with the general purposes and intent of the ordinances. 6966 Lake Drive is 4.00 acres and 6970 Lake Drive is 3.75 acres. Both lots are larger and more conforming in Pj size and width in comparison to other riparian lots along Lake Drive in the surrounding area. 2. The variance shall be consistent with the comprehensive plan. Per the 2040 Comprehensive Plan, Chapter 3, Land Use: Goal 7: Sustain Lino Lakes' natural resources which make it a desirable place to live. A policy is to protect and preserve the natural resources of the City. The variance is consistent with the comprehensive plan. 6966 Lake Drive is 4.00 acres and 6970 Lake Drive is 3.75 acres. Both lots are larger and more conforming in size and width in comparison to other riparian lots along Lake Drive in the surrounding area. Both lots are over 800 ft deep providing separation from the lake and development which will help protect the natural resource. A Shoreline Buffer Declaration shall be required that will further protect the natural resource. 3. There shall be practical difficulties in complying with the ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by the ordinance. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. There are practical difficulties in complying with the ordinance. The property owner proposes to use the property in a reasonable manner by selling the lot for the potential future development of a single family house. 4. The plight of the landowner shall be due to circumstances unique to the property not created by the landowner. The plight of the landowner are due to circumstances unique to the property not created by the landowner. Both lots are larger and more conforming in size and width in comparison to other riparian lots along Lake Drive in the surrounding area. 5. The variance shall not alter the essential character of the locality. The variance will not alter the essential character of the locality which are a single family homes on substandard, unsewered, nonconforming lots. 6. A variance shall not be granted for any use that is not allowed under the ordinance for property in the zoning district where the subject site is located. The variance will not be granted for any use that is not allowed under the ordinance for property in the zoning district. The property is zoned R, Rural and allows for the construction of a single family detached dwelling. 7. In accordance with MN Stat. 462.357, Subp. 6, variances shall be granted for earth sheltered construction as defined in MN Stat. 216C.06, Subd. 14, when in harmony with the zoning ordinance. Not applicable. BE IT FURTHER RESOLVED by The City Council of the City of Lino Lakes hereby approves a variance from the following City ordinances and the two (2) lots are not required to be combined: 1. City Code Section 1007.042 (1) Lot of Record: (a) Any substandard unsewered lot of record existing at the effective date of this Ordinance and held in separate ownership different from the ownership of adjoining lots maybe used for the erection of a structure conforming to the use regulations of this Ordinance. 2. City Code Section 1102.08 Nonconformities: (1) Construction on nonconforming lots of record. (c) If, in a group of two or more contiguous lots under the same ownership, any individual lot does not meet the requirements of § 1102.07(1), the lot must not be considered as a separate parcel of land for the purposes of sale or development. The lot must be combined with the one or more contiguous lots so they equal one or more parcels of land, each meeting the requirements of § 1102.07 of this chapter as much as possible. BE IT FURTHER RESOLVED by The City Council of the City of Lino Lakes hereby approves the variance with the following conditions: 1. A Shoreline Buffer Declaration shall be recorded against both lots, 6966 Lake Drive and 6970 Lake Drive. a. The buffer shall be established from the shoreline/wetland to 20ft upland from the Ordinary High Water Level (OHWL) 883.1 EL on both lots. b. The OHWL shall be located on both lots by a licensed land surveyor. 2. The illegal accessory structure located at 6966 Lake Drive shall be removed prior to the lot being listed for sale. 3. Any farm animals located at 6966 Lake Drive shall be removed prior to the lot being listed for sale. 4. The number of allowed farm animals located on 6970 Lake Drive shall comply with the requirements of the R, Rural zoning district. Adopted by the Council of the City of Lino Lakes this 8th day of August, 2022. The motion for the adoption of the foregoing resolution was introduced by Council 4 Member thereof: and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor The following voted against same: Rob Rafferty, Mayor ATTEST: Julianne Bartell, City Clerk SHORELINE BUFFER DECLARATION THIS DECLARATION is made by Robert and Carol Stanek ("Declarant"), 6970 Lake Drive, Lino Lakes, MN 55014, in favor of the City of Lino Lakes, a municipal corporation of the State of Minnesota ("City"). RECITALS WHEREAS Declarant is the owner of real property within the City of Lino Lakes, Anoka County, Minnesota, platted and legally described as: Lot 5 and Lot 6, Auditor's Subdivision No. 151 Anoka County, Minnesota (the "Property") and no one other than Declarant has any right, title or interest in the Property. WHEREAS the Property constitutes the entirety of the land to which Resolution No. 22-74 applies. WHEREAS Declarant desires to subject the Property to certain conditions and restrictions imposed by the City as a condition of approval of Resolution No. 22-74 for the benefit of the City and the owners of the Property. NOW THEREFORE, Declarant makes this Declaration and hereby declares that this Declaration constitutes covenants to run with the Property in perpetuity, and further declares that the Property will be owned, used, occupied, and conveyed subject to the covenants, restrictions, easements, charges and liens set forth in this Declaration, all of which bind all persons owning or acquiring any right, title or interest in the Property, and their heirs, successors, personal representatives, and assigns. 1. Shoreline Buffer and Upland Habitat. Vegetated shoreline buffer and upland habitat are established on the Shoreline Buffer Map dated July 20, 2022 for the Properties attached hereto and incorporated herein as Attachment A. The shoreline buffer and upland habitat are subject to the following terms: a. The shoreline buffer and upland habitat will consist of vegetated land, consisting primarily of plant species native to this region, that is not cultivated, cropped, pastured, mowed, fertilized, used as a site for depositing snow removed from roads, driveways or parking lots, subject to the placement of mulch or yard waste, or otherwise disturbed, except for periodic cutting or burning that promotes the health of the shoreline buffer or upland habitat, actions to address disease or invasive species, or other actions to maintain or improve shoreline buffer or upland habitat quality, each as approved in writing by City staff. The shoreline buffer and upland habitat will be maintained in accordance with the Maintenance Plan Checklist plan attached hereto and incorporated herein as Attachment B. The City shall have the right to access the property and inspect the shoreline buffer area to ensure conformance with this Declaration. b. No above- or below -ground structure or impervious surface will be placed within the shoreline buffer or upland habitat permanently or temporarily, except as follows: i. A structure may extend over or be suspended above the shoreline buffer or upland habitat if the impact of any supports within the shoreline buffer or upland habitat is negligible, the design allows sufficient light to maintain the species shaded by the structure and, for shoreline buffer, the structure does not interfere with the protection afforded by the shoreline buffer. ii. A public utility, or a structure associated with a public utility, may be located within a shoreline buffer or upland habitat if the City has concurred in writing that there is no reasonable alternative that avoids or reduces the proposed intrusion. The utility or structure shall minimize the area of permanent vegetative disturbance. iii. Shoreline buffer or upland habitat may enclose a linear surface no more than 10 feet in width and, for buffer, no less than 25 feet from the delineated shoreline edge for non -motorized travel if shoreline habitat will not be measurably reduced. Trail edge mowing is not permitted. c. Shoreline buffer maybe disturbed to alter land contours or improve buffer function if the following criteria are met: i. An erosion control plan is submitted to the City under which alterations are designed and conducted to expose the smallest area of disturbed ground for the shortest time possible; fill or excavated material is not placed to create an unstable slope; mulches or similar materials are used for temporary soil coverage; and permanent native vegetation is established as soon as possible. ii. Wooded buffer and native riparian canopy trees are left intact. iii. When disturbance is completed, sheet flow characteristics within the buffer are improved; average slope is no steeper than preexisting average slope or 5:1 (horizontal:vertical), whichever is less steep (preexisting slopes steeper than 5:1 containing dense native vegetation will not require regrading); the top 18 inches of the soil profile is not compacted, has a permeability at least equal to the permeability of the preexisting soil in an uncompacted state and has organic matter content of between five and 15 percent; and habitat diversity and riparian shading are maintained or improved. iv. A re -vegetation plan is submitted to the City, specifying removal of invasive species and establishment of native vegetation suited to the location. 2 v. For three years after the site is stabilized, the property owner will correct erosion, maintain and replace vegetation, and remove invasive species to establish permanent vegetation according to the vegetation management plan in Attachment B. vi. Disturbance is not likely to result in erosion, slope failure or a failure to establish vegetation due to existing or proposed slope, soil type, root structure or proposed construction methods. d. Material will not be excavated from or placed in a shoreline buffer or upland habitat, except for temporary placement of fill or excavated material pursuant to duly -permitted work in the associated shoreline or upland habitat. e. If a stormwater management facility is located within shoreline buffer or upland habitat, the buffer maybe entered for the purposes of facility maintenance. Notwithstanding paragraph 1.d, excavated sediments will not be placed within the buffer or habitat temporarily or permanently. Entry must minimize and repair buffer and habitat disturbance and otherwise conform to the terms of this Declaration. f. One (1) access opening through the shoreline buffer to the lake no greater than twenty (20) feet wide is allowed per lot. 2. Notice. Any notice under this Declaration will be sent by certified mail, return receipt requested, or delivered to the following address: Robert and Carol Stanek 6970 Lake Drive Lino Lakes, MN 55014 Declarant may change this address by a certified letter to the City referencing the resolution number. 3. Recordation/Registration. Declarant will file an executed copy of this Declaration with the Anoka County Recorder's Office, with the filing cost to be borne by Declarant. This Declaration will be unlimited in duration without being re -recorded. The covenants and restrictions set forth in this Declaration are established for the benefit of the City as a public body and the benefit of appurtenant public resources, and are not intended as "private covenants, conditions or restrictions" within the meaning of Minnesota Statutes § 500.20. 4. Burdened Lots. This Declaration will burden only those lots of record subject to the shoreline buffer and upland habitat as delineated on Attachment A. 5. Recitals. The recitals set forth above expressly are incorporated herein. 3 IN WITNESS WHEREOF, the undersigned has executed this instrument the day and year first set forth. Robert L. Stanek, Owner STATE OF MINNESOTA COUNTY OF ANOKA The foregoing instrument was acknowledged before me this _day of , 2022, by Robert L. Stanek, Owner under the Laws of Minnesota, on behalf of Declarant. Notary IN WITNESS WHEREOF, the undersigned has executed this instrument the day and year first set forth. Carol J. Stanek, Owner STATE OF MINNESOTA COUNTY OF ANOKA The foregoing instrument was acknowledged before me this _day of , 2022, by Carol J. Stanek, Owner under the Laws of Minnesota, on behalf of Declarant. Notary This instrument drafted by: City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 4 CONSENT AND SUBORDINATION , a Minnesota corporation, 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 the attached Declaration and agrees that its rights in the property affected by the Declaration shall be subordinated thereto. IN WITNESS WHEREOF, a Minnesota corporation, has caused this Consent and Subordination to be executed this day of , 2022. By: Its: [notary acknowledgement] N Shoreline Buffer Map W' '0 100 200 400 CITI` �OF E Feet IN KE 6966 & 6970 Lake Drive s Date: 7/20/2022 Maintenance Plan Checklist All projects require some maintenance after implementation. Because every project is unique, you may require slightly different maintenance needs then what are listed here. This check list will help you understand some of the common maintenance activities that may be needed on your project. Project success cannot be expected without ongoing maintenance activities. First Year Activities: ❑ Watering — New plantings need one inch of water per week. If there is little rain, watering your project will be needed. ❑ Weeding — Check for weeds at least once every two weeks. Pull or spot treat weeds with herbicide as necessary. Pay extra attention for weed growth near project edges and paths. ❑ Mowing— On sites where seeding was the primary planting method, the site will need mowing to control weeds. Mow when weed growth reaches 10 inches and before weeds begin to set seed (this is very important). Mower cutting height should be set at 4 to 5 inches. ❑ Plant Identification — Become familiar with the native plants on your project. Also become familiar with the weeds. Find good identification handbooks to help you. ❑ Mulch — Mulch plants as necessary throughout the growing season to prevent soil erosion, weed growth, and to hold in soil moisture. ❑ Wave Breaks — If your project includes aquatics, make sure you maintain the wave breaks and fences that keep out predators, as plants become established. Second Year Activities: ❑ Dead vegetation — Cut back or rake dead vegetation if desired. This is only necessary if the appearance of the project is a concern. Leave dead vegetation standing in the fall to buffer the shore throughout the winter. The standing dried vegetation also provides winter interest, food, and cover for wildlife. ❑ Weeding — Thoroughly weed site as it begins to green -up. Check for weeds at least once every three weeks. Pull or spot treat weeds with herbicide as necessary. ❑ Mowing — If mowing is your primary weed control method, raise the mower cutting height from last year and set at 6 to 12 inches. Remember to mow before weeds begin to set seed. ❑ Water — During drought periods provide plants one inch of water per week. ❑ Supplemental planting— Plant replacement plants in spots with low survival. Third Year Activities & Beyond: ❑ Dead Vegetation — Cut back or rake dead vegetation if desired in the spring. Leave dead vegetation standing in the fall. ❑ Weeding — Check for weeds once a month. Pull or spot treat weeds with herbicide as necessary. ❑ Supplemental planting — Plant replacement plants as necessary, continuous native vegetation cover is the goal. ❑ Expansion — Consider expanding the project into new areas of your shoreline. ❑ Prescribed Burn — Prescribed burning is a tool for weed control, increased flowering, seed production, germination of new native plants, and reducing undesired woody vegetation. Prescribed burns are typically conducted on a 3 or 4-year rotation. A burl permit is required before conducting a prescribed burn. ❑ Monitoring— The project site should be monitored yearly. Monitoring should include notes on successful species, weed problems, disturbances issues (animal or human), and management needs. It is recommended you monitor one hour each month throughout the growing season and include written notes with photos of the project's progress. CITY COUNCIL AGENDA ITEM 6C STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: August 8, 2022 TOPIC: Otter Crossing 2nd Addition i. Consider Resolution No. 22-76 Approving Final Plat ii. Consider Resolution No. 22-77 Approving Development Agreement VOTE REQUIRED: 3/5 REVIEW DEADLINE: Complete Application Date: June 13, 2022 60-Day Review Deadline: August 12, 2022 120-Day Review Deadline: October 11, 2022 Planning & Zoning Board Meeting: July 13, 2022 City Council Meeting: August 8, 2022 INTRODUCTION The applicant, Tyme Properties, LLC, submitted a land use application for the final plat of Otter Crossing 2nd Addition. The plat creates two (2) commercial lots. Tidal Wave Auto Spa will be constructed on Lot 1, Block 1. The June 13, 2022 City Council staff report and resolutions detail the site and building plan review and conditional use permit for the car wash. Lot 2 is for future commercial development. This staff report is based on the following information: • Otter Crossing 2nd Addition Preliminary Plat & Site Plans prepared by Pioneer Engineering dated June 9, 2022 • Otter Crossing Concept Plan -Area Exhibit prepared by Pioneer Engineering dated April 20, 2021 • Otter Crossing 2nd Addition Final Plat prepared by Pioneer Engineering received on June 22, 2022 • Storm Water Management Plan prepared by Pioneer Engineering revision date June 22, 2021 0 Cost Estimate prepared by Pioneer Engineering dated June 9, 2022 Title Commitment issued by First American Title Insurance Company dated May 25, 2022 Previous Council approvals: June 13, 2022: Resolution No. 22-55 Approving Preliminary Plat for Otter Crossing 2nd Addition June 13, 2022: Resolution No. 22-56 Approving Conditional Use Permit for Tidal Wave Auto Spa ANALYSIS Zoning and Land Use The parcels within the final plat are zoned GB, General Business. Current Zoning GB, General Business Current Land Use Vacant Commercial Future Land Use per CP Commercial Utility Staging Area 1A=2018-2025 Subdivision Ordinance Conformity with the Comprehensive Plan and Zoning Code The final plat is consistent with preliminary plat. The preliminary plat is consistent with the comprehensive plan for commercial development and zoning code requirements for GB, General Business as detailed below. Blocks and Lots The preliminary plat and final plat contain Lots 1 and 2, Block 1 and Outlot A, Otter Crossing 2nd Addition. Outlot A is for future development, stormwater management facilities and private street. Lots 1 and 2 meet minimum lot size (20,000 sf) and lot width (100 ft) requirements. Parcel Lot Width Purpose Lot 1, Block 1 1.06 acres 178 ft Commercial Car Wash Lot 2, Block 1 1.24 acres 205 ft Future development Outlot A 23.53 acres NA Future development, SW 22.72 acres facilities, private street Otter Lake Road 0.81 acres NA Street Right -of -Way Right -of -Way TOTAL 25.83 acres Since there are no underlying preliminary plat and development plans for Outlot A, it will remain one (1) outlot until time of future development. The outlot will then be preliminary and final platted. Street right-of-way was dedicated along Otter Lake Road reducing the size of Outlot A from 23.53 to 22.72. Streets and Alleys A private street from Otter Lake Road currently exists across the north boundary of Lot 1, Block 1, Otter Crossing I" Addition. The private street will extend along the north boundary of Lot 1 and 2, Otter Crossing 2nd Addition. A new or amendment to the existing Declaration of Driveway Easement shall be recorded over the private street detailing maintenance responsibilities are the developers. The City is not responsible for maintenance of the private street. Public street improvements such as a southbound right turn lane from Otter Lake Road onto CSAH 14 (Main Street) and pedestrian crossing were completed with Otter Crossing lst Addition. No other public street improvements are required for the 2nd Addition. The private street is proposed at 32ft wide back to back. This is consistent with the existing private street along Lot 1, Otter Crossing lst Addition. An additional 60 ft of street right-of-way has been dedicated along Otter Lake Road to the north lot line of Outlot A. A Declaration of Access Control was recorded with Otter Crossing lst Addition and remains in place. The Declaration states the private street will have full access to Otter Lake Road, but such full access shall be reduced to right -in, right -out access upon further extension of the Otter Lake Road to the north. Tyme Properties submitted a revised concept plan that accurately depicts the existing and proposed street and lot layouts. Easements Standard drainage and utility easements at least 10 feet wide have been provided on Lot 1 and Lot 2. A drainage and utility easement shall be dedicated will be provided over the cul de sac at least 15ft from the curb on the ^'der Crossing 2"d on the Declaration of Driveway Easement. A drainage and utility easement was recorded over the private street and the stormwater pond facilities on Otter Crossing lst Addition final plat. Previously recorded highway easements and utility easements along CSAH 14 (Main Street) exist on site. Public Land Dedication The City will collect a cash fee of $2,520 per acre per platted lot in lieu of land dedication for commercial development. These fees will be calculated on the commercial lot areas of Lot 1 and Lot 2. LIN Otter Crossing 2nd Addition Commercial Lot Acres = 2.3 x Park Dedication Fee = $2,520 Subtotal = $5,796.00 Negative Balance from 1 st Addition Trail Construction Credit = ($5,434.30) TOTAL CASH FEE DUE _ $361.70 The negative balance from the I" Addition trail construction costs is carried over to the 2nd Addition final plat. Site and Building Plan Review As noted above, Tidal Wave Auto Spa will be constructed on Lot 1, Block 1. The June 13, 2022 City Council staff report and resolutions detail the site and building plan review and conditional use permit for the car wash. Development of Lot 2 will require full site and building plan review. Signage A separate sign permit application shall be submitted prior to signage installation. Agreements Stormwater Maintenance Agreement The stormwater facilities on the site will be privately maintained and a Stormwater Maintenance Declaration will be required. Development Agreement and Final Plat A Development Agreement will be prepared by the City as it relates to the final plat and development. Findings of Fact The Findings of Fact for Otter Crossing 2nd Addition Final Plat are detailed in Resolution No. 22-76. n RECOMMENDATION Staff recommends approval of the final plat. The Planning & Zoning Board reviewed the Otter Crossing 2nd Addition Final Plat on July 13, 2022 and recommended approval with a 5-0 vote. ATTACHMENTS 1. Resolution No. 22-76 2. Final Plat 3. Resolution No. 22-77 4. Development Agreement CITY OF LINO LAKES RESOLUTION NO.22-76 RESOLUTION APPROVING OTTER CROSSING 2ND ADDITION FINAL PLAT WHEREAS, the City received a land use application for the Otter Crossing 2nd Addition Final Plat hereafter referred to as Development; and WHEREAS, City staff has completed a review of the proposed Development based on the following plans and information: • Otter Crossing 2nd Addition Preliminary Plat & Site Plans prepared by Pioneer Engineering dated June 9, 2022 • Otter Crossing Concept Plan -Area Exhibit prepared by Pioneer Engineering dated April 20, 2021 • Otter Crossing 2nd Addition Final Plat prepared by Pioneer Engineering received on June 22, 2022 • Storm Water Management Plan prepared by Pioneer Engineering revision date June 22, 2021 • Cost Estimate prepared by Pioneer Engineering dated June 9, 2022 • Title Commitment issued by First American Title Insurance Company dated May 25, 2022; and WHEREAS, the City Council the approved the Preliminary Plat with Resolution No. 22- 55 on June 13, 2022; and WHEREAS, the Planning & Zoning Board reviewed and recommended approval of the Development on July 13, 2022; and WHEREAS, the proposed Development is not considered premature and meets the performance standards of the subdivision and zoning ordinance; and NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby makes the following: FINDINGS OF FACT 1. The final plat substantially conforms to the approved preliminary plat subject to the conditions listed below. 2. The City Attorney has approved the status of title/property ownership related to the final plat. 3. A Development Agreement has been drafted and shall be executed. 4. Conditions attached to approval of the preliminary plat have been fulfilled or secured by the Development Agreement. 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 Otter Crossing 2nd Addition Final Plat subject to the following conditions: 1. A new Declaration of Driveway Easement detailing street, sidewalk, stormwater facilities, drainage purposes and the developer's maintenance responsibilities of such improvements shall be recorded. 2. The stormwater facilities (e.g. stormwater pond and pipe) will be privately owned and maintained as detailed in the Declaration for Maintenance of Stormwater and Declaration of Driveway Easement. 3. The municipal watermain, sanitary sewer, and trail will be publicly owned and maintained. 4. The Declaration of Access Control regulates access along Otter Lake Road. BE IT FURTHER RESOLVED by the City Council of the City of Lino Lakes hereby approves Otter Crossing 2nd Addition 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. 2. A draft copy of the Declaration of Driveway Easement including an exhibit and easement legal description shall be submitted to the City for review and approval prior to recording. The following items shall be addressed prior to issuance of a grading permit: 1. City Engineer Letter dated July 6, 2022 2. Electronic copies of the following executed and recorded documents shall be submitted to the City: a. Development Agreement b. Declaration of Driveway Easement Adopted by the Council of the City of Lino Lakes this 8th day of August, 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 OTTER CROSSING 2ND ADDITION CITY OF LINO LAKES COUNTY OF ANOKA SEC. 24, T. 31, R. 22 KNOW ALL PERSONS BY THESE PRESENTS: That BLino, LLC, a Minnesota limited liability company, owner of the following described property: Outlot A, OTTER CROSSING, according to the recorded plat thereof, Anoka County, Minnesota. Has caused the same to be surveyed and platted as OTTER CROSSING 2ND ADDITION and does hereby dedicate to the public for public use the public way and the drainage and utility easements as shown on this plat. Also dedicating to the County of Anoka the right of access onto County State Aide Highway No. 14 as shown on this plat. In witness whereof said BLino, LLC, a Minnesota limited liability company, has caused these presents to be signed by its proper officer this day of , 20 BLino, LLC signature printed STATE OF MINNESOTA COUNTY OF as Title This instrument was acknowledged before me on by of BLino, LLC, a Minnesota limited liability company, on behalf of the company. signature printed Notary Public, My Commission Expires SURVEYOR'S CERTIFICATE County, Minnesota as I Peter J. Hawkinson do herby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been, or will be correctly set within one year; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat. Dated this day of STATE OF MINNESOTA COUNTY OF am Peter J. Hawkinson, Licensed Land Surveyor Minnesota License No. 42299 This instrument was acknowledged before me on this day of signature 20 by Peter J. Hawkinson. printed Notary Public, County, Minnesota My Commission Expires CITY COUNCIL, CITY OF LINO LAKES, Minnesota This plat of OTTER CROSSING 2ND ADDITION was approved and accepted by the City Council of the City of Lino Lakes, Minnesota at a regular meeting thereof held this day of 20 , and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2. City Council, City of Lino Lakes, Minnesota Mayor COUNTY SURVEYOR Clerk I hereby certify that in accordance with Minnesota Statutes, Section 505.021, subd. 11, this plat has been reviewed and approved this day of , 20 David M. Zieglmeier Anoka County Surveyor COUNTY AUDITOR/TREASURER Pursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable in the year 20 on the land hereinbefore described have been paid. Also, pursuant to Minnesota Statutes, Section 272.12, there are no delinquent taxes and transfer entered this day of 20 Property Tax Administrator B y: COUNTY RECORDER/REGISTRAR OF TITLES COUNTY OF ANOKA, STATE OF MINNESOTA Deputy I hereby certify that this plat of OTTER CROSSING 2ND ADDITION was filed in the Office of the County Recorder/Registrar of Titles for public record on this day of 20 at o'clock M. and was duly recorded as Document Number County Recorder/Registrar of Titles B y: Deputy PISNEERengineen-ng (CIVII. HSGISI:HRS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS SHEET 1 OF 2 SHEETS OTTER CROSSING 2ND ADDITION CITY OF LINO LAKES COUNTY OF ANOKA SEC. 24, T. 31, R. 22 NW CORNER OF NW 1 /4 OF NE 1 /4 SEC. 24, TWP. 31, RGE. 22 (NORTH QUARTER CORNER) 1 INCH IRON PIPE 135.42 �\ N89°51'09' E (deed) ` N88°57'28"E (meas.) I I D 100 50 0 100 r Scale in Feet 1 INCH = 100 FEET z C.S.A.H. NO 14 Q � SITE (MAID STREET) I I = I C N \ I I I I I I Of LLJ I �I I C.S.A.H. NO 14 "�I Ch I (MAIN STREET) 1-- -- — -- o W QI I V-\ w I , I J r�u I J I I I I I SECTION 24, TWP. 31, RGE. 22 LOCATION MAP NOT TO SCALE THE ORIENTATION OF THIS BEARING SYSTEM IS BASED ON THE NORTH LINE OF THE NW 1 /4 OF THE NE 1 /4 OF SEC. 24, TWP. 31, RGE. 22, WHICH IS ASSUMED TO HAVE A BEARING OF NORTH 88057'28" EAST. OO DENOTES FOUND CAST IRON MONUMENT O DENOTES 1 /2 INCH BY 14 INCH IRON PIPE MONUMENT SET AND MARKED BY LICENSE NUMBER 42299, OR WILL BE SET WITHIN ONE YEAR OF RECORDING OF THIS PLAT. • DENOTES FOUND 1/2 INCH IRON PIPE MONUMENT MARKED BY LICENSE NUMBER 42299. DENOTES RIGHT OF ACCESS DEDICATED TO ANOKA COUNTY — - - — DENOTES EDGE OF WET LAND _ NORTH LINE OF THE NW 1 /4 OF NE 1 /4 N88057'28"E SEC. 24, TWP. 31, RGE, 22 1198.55 1138.54 \10-1 I • ZI X D ` Q D \\ Z~ 1 QJ of F- WETLAND rN- 000 CP J c� OU TLOT A 1 v I -)', v 111.69 I N86°50'35"W 1 ? �\ �17 :(J� to I 0(f� DRAINAGE AND UTILITY EASEMENT \ PER OTTER CROSSING I o� 0 0� C 7� � I S$ I3Z �I'l ,'�/ � Q�-- Il ,�O%�j \ lLo om (L o0) z N89053'55"E 530.00 p 4 CD WETLAND DRAINAGE AND UTILITY EASEMENT PER OTTER CROSSING _ �► D N /'� / �' 89°53'55"E 592.54 06 W I �0�� t,s-PU'v' °� °� J �� — — 163.74 — / � �T8.00 — — S89053'55"W D �°c 1 ILO 250.80 QC ' I `, ( 1 10 1 tL I IN I N (� / D I 06 oo I 2 I I I I 431.60 I PERMANENT EASEMENT I �M TO I COUNTY I IN I 04 �► S88023 21 W 2 SLOP NOGKPURPOSES POER I 1 l0 1 202.40 I DOC. NO. 499617.001 N I \�I l0 1 00 0 T—p� 4 Icy. i 11 DRAINAGE AND I O0 UTILITY EASEMENT — O �In1�C/ OL)Iw IQ ,r- 1051 0 nl n \/ )1 OT L _ r nl/1 n nlnit n �\ f-\I �� I I 1 —� lJ V V /-\ L— �- 1175.89 S88°22'05"W 206.80 36-9- ff n n 11J,, n /\/11 In IT\/ =00053 1 1 /-,1 V\J(\l-, u\JVI _ — VV /1 1T i rLf rT ".�.r,.rl. I VV. T m Y J NE CORNER OF SEC, 24, TWP. 31, RGE, 22 1333.97 N88°57'28"E I I I U LL w ) LIJ 1 O O o L1_ C� O (i ) :e 10-1 76000 1203'S5" L' J L'J �j < i «� C� (") " I � LIJ W 1 0 <I I -J co 0 O 10— 11_ —7 _�— '0'^ V/ L I J < I o �- CO — �> C� 120 DRAINAGE AND UTILITY EAS MENTS ARE SHOWN THUS: II r--10 0 r being 10 feet in width, and adjoining lot lines unless otherwise indicated, and 10 feet in width and adjoining street lines and rear lot lines v �I unless otherwise indicated on the plat. PIONEERengineering CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS SHEET 2 OF 2 SHEETS OTTER CROSSING 2ND ADDITION AREA SKETCH 100 50 0 100 Scale in Feet AREA SUMMARY BLOCK 1 = 46,284 SF. 1.0625 AC. TOTAL LOT AREA = 46,284 SF. 1.0625 AC. TOTAL OUTLOT AREA =1,043,485 SF. 23,9551 AC. TOTAL R/W AREA = 35,413 SF. 0.8130 AC. TOTAL AREA = 1,125,182 SF. 25.8306 AC. PIONEERengineering CIVILENGINEERS LANDPLANNERS LANDSURVEYORS LANDSCAPE ARCH] 'IECIS CITY OF LINO LAKES RESOLUTION NO.22-77 RESOLUTION APPROVING OTTER CROSSING 2ND ADDITION DEVELOPMENT AGREEMENT WHEREAS, the City Council approved the final plat for Otter Crossing 2nd Addition with Resolution No. 22-76 on August 8, 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 BLino, LLC and the City of Lino Lakes for Otter Crossing 2nd 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 8d' day of August, 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 Otter Crossing 2nd Addition THIS AGREEMENT is made this day of , 2022, by and between the City of Lino Lakes ("City"), a Minnesota municipal corporation, and BLino, LLC ("Developer"). 1. Subdivision. Developer received preliminary plat approval from the City by Resolution No. 22-55 for a plat known as Otter Crossing 211 Addition ("Subdivision"). Unless otherwise stated, all terms and conditions of this Agreement relate to work within the Subdivision. 2. Final Plat Approval. The City's approval of the final plat of Otter Crossing 2nd 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. 22-76. 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. 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. Otter Crossing 2nd Addition final plat containing 3 sheets, prepared by Pioneer Engineering, received June 13, 2022. ii. Otter Crossing 2nd Addition preliminary plat & site plans containing 18 sheets, prepared by Pioneer Engineering, revised June 9, 2022. 5. Permits. The Developer shall be responsible for securing all site grading and development approvals and all other required permits from all appropriate Federal, State, Regional and Local jurisdictions prior to the commencement of site grading or construction and prior to the City awarding construction contracts for public improvements, if any. Otter Crossing 2nd Addition Development Agreement August 8, 2022 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 2022 current version. The cost of Developer Improvements is as shown on Exhibit B attached hereto. All Developer Improvements shall require City inspection and approval and, where appropriate, the approval of any other governmental agency having jurisdiction. The Developer shall construct and install at the Developer's expense the following improvements according to the following terms and conditions: a. Site Grading i. No grading shall commence until all requirements of the Rice Creek Watershed District (RCWD) have been satisfied. 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. 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. page 2 Otter Crossing 2nd Addition Development Agreement August 8, 2022 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 and wear course, street signs and striping 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 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 page 3 Otter Crossing 2nd Addition Development Agreement August 8, 2022 approved grading plan. Guard stakes shall be appropriately installed to mark these irons. 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. I. The Developer shall install wetland buffer signs per City standard detail plates prior to the issuance of building permits. 7. Time of Performance. The Developer shall install all required improvements enumerated in Paragraph 6 by October 31, 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. 8. City Improvements. No City installed improvements are proposed to be constructed for this subdivision. 9. Record Drawings. 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 page 4 Otter Crossing 2nd Addition Development Agreement August 8, 2022 include accurate locations, dimensions, elevations, grades, slopes and all other pertinent information concerning the complete work. b. The Developer shall submit certified compaction testing results for the site grading operations that certify that grading work meets pertinent compaction requirements for the project. c. A summary of the record plan attribute data for the storm sewer, watermain, and sanitary sewer structures and pipes shall be submitted in the form of an Excel Spreadsheet as provided by the City Engineer. d. No securities will be fully released until all record drawings have been submitted and accepted by the City Engineer. 10. Faithful Performance of Construction Contracts and Sec 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. page 5 Otter Crossing 2nd Addition Development Agreement August 8, 2022 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 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. 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 Citv's Costs. 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 page 6 Otter Crossing 2nd Addition Development Agreement August 8, 2022 iv. Street lighting installation (by utility company, developer to initiate) v. Boulevard tree planting vi. Street, storm sewer and pond maintenance vii. 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 City will collect a cash fee of $2,520 per acre per platted lot in lieu of land dedication for commercial development. These fees will be calculated on the commercial lot areas of Lot 1 and Lot 2. Otter Crossing 2nd Addition Commercial Lot Acres = 2.3 x Park Dedication Fee = $2,520 Subtotal = $5,796.00 Negative Balance from 1st Addition Trail Construction Credit= ($5,434.30) TOTAL CASH FEE DUE _ $361.70 The negative balance from the 11t Addition trail construction costs is carried over to the 2nd Addition final plat. 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 page 7 Otter Crossing 2nd Addition Development Agreement August 8, 2022 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. Sa n ita ry Sewe r $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 Availability Charge $2,341.00 Per Unit Commercial/Industrial/Institutional availability charges shall be paid at the time page 8 Otter Crossing 2nd Addition Development Agreement August 8, 2022 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 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. In consideration of the construction of City Improvements listed in Section 7 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. page 9 Otter Crossing 2nd Addition Development Agreement August 8, 2022 If a certificate of occupancy is issued before the special assessments have been levied, the Developer, its heirs, successors or assigns shall pay the City the sum of cash equal to 120% of the Engineer's estimate of the special assessments for such Charges that would be levied against the property. Upon such payment the City shall issue a certificate showing the assessments are paid in full. Notwithstanding the issuance of said certificate, the Developer shall be liable to the City for any deficiency and the City shall pay the Developer any surplus arising from the payment based upon such estimate. e. Acceleration of Special Assessments upon Default. In the event the Developer violates any of the covenants, conditions or agreements herein, violates any ordinance, rule or regulation of the City, County of Anoka, State of Minnesota or other governmental entity having jurisdiction over the plat or development, or fails to pay when due any installment of any special assessment levied pursuant to this agreement, or any interest thereon, the City at its option, in addition to its rights and remedies hereunder, after 10 days written notice to the Developer, may declare all of the unpaid special assessments which are then estimated or levied pursuant to this agreement due and payable in full, with interest. The City may seek recovery of such special assessments due and payable from the security provided herein. In the event that such security is insufficient to pay the outstanding amount of such special assessments plus accrued interest the City may certify such outstanding special assessments in full to the County Auditor pursuant to Minnesota Statutes section 429.061, subdivision 3, for collection the following year. The City, at its option, may commence legal action against the Developer to collect the entire unpaid balance of the special assessments then estimated or levied pursuant hereto, with interest, including reasonable attorney's fees, and Developer shall be liable for such special assessments and, if more than one, such liability shall be joint and several. In addition to any other rights and remedies upon Developer's default, the City may refuse to issue building permits and/or Certificates of Occupancy for any property within the Subdivision until such time as such default has been corrected to the satisfaction of the City. The Developer agrees to reimburse the City for all costs incurred by the City in the enforcement of this agreement, or any portion thereof, including court costs and reasonable engineering and attorneys' fees, if the City prevails in any enforcement action. 18. Building Permits. No building permits shall be issued until: a. Site grading, certified compaction testing, City sewer, water, storm sewer, and bituminous base construction of the streets, temporary street signs, gas, electric, telecommunication, cable and internet are installed and approved by the City. 19. Special Provisions. page 10 Otter Crossing 2nd Addition Development Agreement August 8, 2022 a. The Declaration of Driveway Easement detailing the developer's maintenance responsibilities of the private street and related appurtenances shall be amended and recorded to include the new private street, cul de sac, sidewalk, etc. b. The stormwater facilities (e.g. stormwater pond and pipe) will be privately owned and maintained as detailed in the Declaration for Maintenance of Stormwater and Declaration of Driveway Easement. c. The municipal watermain, sanitary sewer and trail will be publicly owned and maintained. d. The Declaration of Access Control regulates access along Otter Lake Road. 20. Hours of Construction Activity. All construction activity shall be limited to the hours as follows: Monday through Friday 7:00 a.m. to 7:00 p.m. Saturday 9:00 a.m. to 5:00 p.m. Sunday and Holidays No working hours allowed 21. Insurance. Developer or its general contractor shall take out and maintain until one year after the City accepted the Developer Improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's or general contractor's work, as the case may be, or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than Five Hundred Thousand and no/100 ($500,000.00) Dollars for one person and Two Million and no/100 ($2,000,000.00) Dollars for each occurrence; limits for property damage shall be not less than One Million and no/100 ($1,000,000.00) Dollars for each occurrence; or a combination single limit policy of Two Million and no/100 ($2,000,000.00) Dollars or more. The City, its employees, its agents and assigns shall be named as an additional insured on the policy, and the Developer or its general contractor shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. 22. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the 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, page 11 Otter Crossing 2nd Addition Development Agreement August 8, 2022 the City may, in addition to its other remedies, levy the cost in whole or in part as a special assessment against the Subject Property. Developer waives its rights to notice of hearing and hearing on such assessments and its right to appeal such assessments pursuant to Minnesota Statutes, chapter 429. 23. General. a. Binding Effect The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land, unless otherwise released pursuant to section 14 of this Agreement. b. Validity. If a portion, section, subsection, sentence, clause, paragraph or phrase in this agreement is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Development Agreement. c. Notices Whenever in this Agreement it shall be required or permitted that notice or demand be given or served by either party to this Agreement to or on the other party, such notice or demand shall be delivered personally, or mailed by United States mail to the addresses below, or sent by email to the email address below. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above or when emailed. The addresses of the parties are as set forth until changed by notice given as above. Attn: Paul Schreier BLino LLC. 3435 Labore Road Suite 150 Vadnais Heights, MN 55110 paul@tymeproperties.com Community Development Director City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 mgrochala@linolakes.us page 12 Otter Crossing 2nd Addition Development Agreement August 8, 2022 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 12022, by Julianne Bartell as City Clerk of the City of Lino Lakes on behalf of said City. Notary Public page 13 Otter Crossing 2nd Addition Development Agreement August 8, 2022 THIS PAGE INTENTIONALLY LEFT BLANK page 14 Otter Crossing 2nd Addition Development Agreement August 8, 2022 Execution page of the Developer to the Development Agreement, dated as of the date and year first written above. DEVELOPER 0 Its STATE OF MINNESOTA ) ) SS COUNTY OF ) On this day of , 2022, before me, a Notary Public within and for said County, personally appeared of (Developer), who executed the foregoing instrument. Notary Public This instrument was drafted by: City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 page 15 Otter Crossing 2nd Addition Development Agreement August 8, 2022 • 11111 W. WIN page 16 Otter Crossing 2nd Addition Development Agreement August 8, 2022 EXHIBIT A Final Plat page 17 OTTER CROSSING 2ND ADDITION CITY OF LINO LAKES COUNTY OF ANOKA SEC. 24, T. 31, R. 22 KNOW ALL PERSONS BY THESE PRESENTS: That BLino, LLC, a Minnesota limited liability company, owner of the following described property: Outlot A, OTTER CROSSING, according to the recorded plat thereof, Anoka County, Minnesota. Has caused the same to be surveyed and platted as OTTER CROSSING 2ND ADDITION and does hereby dedicate to the public for public use the public way and the drainage and utility easements as shown on this plat. Also dedicating to the County of Anoka the right of access onto County State Aide Highway No. 14 as shown on this plat. In witness whereof said BLino, LLC, a Minnesota limited liability company, has caused these presents to be signed by its proper officer this day of , 20 BLino, LLC signature printed STATE OF MINNESOTA COUNTY OF as Title This instrument was acknowledged before me on by of BLino, LLC, a Minnesota limited liability company, on behalf of the company. signature printed Notary Public, My Commission Expires SURVEYOR'S CERTIFICATE County, Minnesota as I Peter J. Hawkinson do herby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been, or will be correctly set within one year; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat. Dated this day of STATE OF MINNESOTA COUNTY OF am Peter J. Hawkinson, Licensed Land Surveyor Minnesota License No. 42299 This instrument was acknowledged before me on this day of signature 20 by Peter J. Hawkinson. printed Notary Public, County, Minnesota My Commission Expires CITY COUNCIL, CITY OF LINO LAKES, Minnesota This plat of OTTER CROSSING 2ND ADDITION was approved and accepted by the City Council of the City of Lino Lakes, Minnesota at a regular meeting thereof held this day of 20 , and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2. City Council, City of Lino Lakes, Minnesota Mayor COUNTY SURVEYOR Clerk I hereby certify that in accordance with Minnesota Statutes, Section 505.021, subd. 11, this plat has been reviewed and approved this day of , 20 David M. Zieglmeier Anoka County Surveyor COUNTY AUDITOR/TREASURER Pursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable in the year 20 on the land hereinbefore described have been paid. Also, pursuant to Minnesota Statutes, Section 272.12, there are no delinquent taxes and transfer entered this day of 20 Property Tax Administrator B y: COUNTY RECORDER/REGISTRAR OF TITLES COUNTY OF ANOKA, STATE OF MINNESOTA Deputy I hereby certify that this plat of OTTER CROSSING 2ND ADDITION was filed in the Office of the County Recorder/Registrar of Titles for public record on this day of 20 at o'clock M. and was duly recorded as Document Number County Recorder/Registrar of Titles B y: Deputy PISNEERengineen-ng (CIVII. HSGISI:HRS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS SHEET 1 OF 2 SHEETS OTTER CROSSING 2ND ADDITION CITY OF LINO LAKES COUNTY OF ANOKA SEC. 24, T. 31, R. 22 NW CORNER OF NW 1 /4 OF NE 1 /4 SEC. 24, TWP. 31, RGE. 22 (NORTH QUARTER CORNER) 1 INCH IRON PIPE 135.42 �\ N89°51'09' E (deed) ` N88°57'28"E (meas.) I I D 100 50 0 100 r Scale in Feet 1 INCH = 100 FEET z C.S.A.H. NO 14 Q � SITE (MAID STREET) I I = I C N \ I I I I I I Of LLJ I �I I C.S.A.H. NO 14 "�I Ch I (MAIN STREET) 1-- -- — -- o W QI I V-\ w I , I J r�u I J I I I I I SECTION 24, TWP. 31, RGE. 22 LOCATION MAP NOT TO SCALE THE ORIENTATION OF THIS BEARING SYSTEM IS BASED ON THE NORTH LINE OF THE NW 1 /4 OF THE NE 1 /4 OF SEC. 24, TWP. 31, RGE. 22, WHICH IS ASSUMED TO HAVE A BEARING OF NORTH 88057'28" EAST. OO DENOTES FOUND CAST IRON MONUMENT O DENOTES 1 /2 INCH BY 14 INCH IRON PIPE MONUMENT SET AND MARKED BY LICENSE NUMBER 42299, OR WILL BE SET WITHIN ONE YEAR OF RECORDING OF THIS PLAT. • DENOTES FOUND 1/2 INCH IRON PIPE MONUMENT MARKED BY LICENSE NUMBER 42299. DENOTES RIGHT OF ACCESS DEDICATED TO ANOKA COUNTY — - - — DENOTES EDGE OF WET LAND _ NORTH LINE OF THE NW 1 /4 OF NE 1 /4 N88057'28"E SEC. 24, TWP. 31, RGE, 22 1198.55 1138.54 \10-1 I • ZI X D ` Q D \\ Z~ 1 QJ of F- WETLAND rN- 000 CP J c� OU TLOT A 1 v I -)', v 111.69 I N86°50'35"W 1 ? �\ �17 :(J� to I 0(f� DRAINAGE AND UTILITY EASEMENT \ PER OTTER CROSSING I o� 0 0� C 7� � I S$ I3Z �I'l ,'�/ � Q�-- Il ,�O%�j \ lLo om (L o0) z N89053'55"E 530.00 p 4 CD WETLAND DRAINAGE AND UTILITY EASEMENT PER OTTER CROSSING _ �► D N /'� / �' 89°53'55"E 592.54 06 W I �0�� t,s-PU'v' °� °� J �� — — 163.74 — / � �T8.00 — — S89053'55"W D �°c 1 ILO 250.80 QC ' I `, ( 1 10 1 tL I IN I N (� / D I 06 oo I 2 I I I I 431.60 I PERMANENT EASEMENT I �M TO I COUNTY I IN I 04 �► S88023 21 W 2 SLOP NOGKPURPOSES POER I 1 l0 1 202.40 I DOC. NO. 499617.001 N I \�I l0 1 00 0 T—p� 4 Icy. i 11 DRAINAGE AND I O0 UTILITY EASEMENT — O �In1�C/ OL)Iw IQ ,r- 1051 0 nl n \/ )1 OT L _ r nl/1 n nlnit n �\ f-\I �� I I 1 —� lJ V V /-\ L— �- 1175.89 S88°22'05"W 206.80 36-9- ff n n 11J,, n /\/11 In IT\/ =00053 1 1 /-,1 V\J(\l-, u\JVI _ — VV /1 1T i rLf rT ".�.r,.rl. I VV. T m Y J NE CORNER OF SEC, 24, TWP. 31, RGE, 22 1333.97 N88°57'28"E I I I U LL w ) LIJ 1 O O o L1_ C� O (i ) :e 10-1 76000 1203'S5" L' J L'J �j < i «� C� (") " I � LIJ W 1 0 <I I -J co 0 O 10— 11_ —7 _�— '0'^ V/ L I J < I o �- CO — �> C� 120 DRAINAGE AND UTILITY EAS MENTS ARE SHOWN THUS: II r--10 0 r being 10 feet in width, and adjoining lot lines unless otherwise indicated, and 10 feet in width and adjoining street lines and rear lot lines v �I unless otherwise indicated on the plat. PIONEERengineering CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS SHEET 2 OF 2 SHEETS Otter Crossing 2nd Addition Development Agreement August 8, 2022 EXHIBIT B Securities, Escrows & Fees page 18 7/19/2022 EXHIBIT B Securities, Escrows & Fees PROJECT: Otter Crossing 2nd Addition APPLICANT: BLino, LLC Plat Area (Acre) 2.3 IMPROVEMENTS COST DEVELOPER IMPROVEMENT COSTS (Private) SITE GRADING & RESTORATION $80,000 EROSION CONTROL $583 LANDSCAPING $0 PRIVATE ROAD AND PAR, „NG_n c LOT $112 980 STORM SEWER CONST. $54,311 SANITARY SEWER CONST. $0 WATERMAIN CONST. $0 LIGHTING $0 Total $247,874 Letter of Credit Amount X 35 % $86,756 DEVELOPER IMPROVEMENT COSTS (Public) SITE GRADING & RESTORATION $0 EROSION CONTROL $0 TRAIL $0 STREETS $0 SIGNAL IMPROVMENTS $0 STORM SEWER CONST. $0 SANITARY SEWER CONST. $28,708 WATERMAIN CONST. $64,155 ENGINEERING & SURVEYING $15,000 Total $107,863 Letter of Credit Amount X150% $161,795 ESCROW for CITY S COSTS PLANNING/ REVIEW $1,500 ADMINISTRATION $10,680 ENGINEER PLAN REVIEW $2,500 ENGINEER CONSTRUCTION SERVICES $10,672 PROJECT FINAL DOCUMENTS & CITY ENGINEER $3,500 STREET LIGHT INSTALLATION $0 STREET& STORMWATER MAINTENANCE $1,500 PROPERTYTAXES $0 TRAFFIC AND SIGNING IMPROVEMENTS $0 BOULEVARD TREE PLANTING $0 Total $30,352 DEVELOPMENT FEES PARK DEDICATION $5,796 PARK DEDICATION CREDIT ($5,434) Subtotal Park Dedication Fee $362 AUAR $619 GIS MAPPING FEE $180 STREET LIGHTING OPERATION $0 Total $1,161 TRUNK SANITARY SEWER TRUNK CHARGE PER (ACRE OR UNIT) $0 AVAILABILITY CHARGE PER SAC UNIT Collect w/ Building Permit TRUNK SANITARY SEWER CREDIT $0 TRUNK WATERMAIN TRUNK CHARGE PER (ACRE OR UNIT) $0 AVAILABILITY CHARGE PER SAC UNIT Collect w/ Building Permit TRUNK WATERMAIN CREDIT $0 TOTAL TRUNK SEWER & WATER FEES $0 SURFACE WATER MANAGEMENT $0 SURFACE WATER MANAGEMENT CREDIT $0 TOTAL SURFACE WATER MANAGEMENT FEES $0 Total $0 Letter of Credit Amount X 35% $0 SUMMARY OF SECURITIES, ESCROW & FEES SECURITY: DEVELOPER IMP'MENT COSTS $248,551 ESCROW FOR CITY COSTS $30,352 DEVELOPMENT FEES $1,161 CASH: TRUNK FEES $0 CITY COUNCIL AGENDA ITEM 6D STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: August 8, 2022 TOPIC: Watermark 5�h Addition i. Consider Resolution No. 22-78 Approving PUD Final Plan/Final Plat ii. Consider Resolution No. 22-79 Approving Development Agreement and Planned Unit Development Agreement iii. Consider Resolution No. 22-80 Approving Open Space Easement VOTE REQUIRED: 3/5 INTRODUCTION Complete Application Date: June 17, 2022 60-Day Review Deadline: August 16, 2022 Planning & Zoning Board Meeting: July 13, 2022 City Council Meeting: August 8, 2022 Watermark is a 372 acre master planned residential community consisting of 692 single family lots and 172 townhome units totaling 864 housing units. Lennar submitted a Land Use Application for Watermark 51h Addition PUD Final Plan/Final Plat. The plat proposes 97 single family lots and 7 outlots. Previous Council approvals include: • June 13, 2016: Resolution No. 16-51 approving PUD Development Stage Plan/Preliminary Plat • October 9, 2017: Resolution No. 17-95 approving Amendment #I to Land Use Plan • December 11, 2017: Resolution No. 17-133 approving Amendment #2 to Architectural Design Standards • October 14, 2019: Resolution No. 19-131 approving Amendment #3 to Architectural Design Standards This staff report is based on the following information: 0 Cost Estimate Summary prepared by Carlson McCain dated March 8, 2022 • 5th Addition Specification Book prepared by Carlson McCain dated February 11, 2022 • Watermark 5th Addition Final Plat prepared by Carlson McCain • Sanitary Sewer, Water Main, Storm Sewer and Street Construction Plans prepared by Carlson McCain dated February 11, 2022 • Site Landscape Plan prepared by Carlson McCain dated March 18, 2022 • Grading, Development & Erosion Control Plan prepared by Carlson McCain dated March 19, 2021 • Watermark 5th Addition Home Plans Booklet prepared by Lennar dated May 22, 2022 • Watermark Architectural Standards Matrix ANALYSIS PUD Development Stage Plan/Preliminary Plat The PUD Development Stage Plan approved by Resolution No. 16-51 establishes Watermark's overall land use plan, street and utility layout, parks and open space plan, architectural design standards, landscaping and lot development standards. These standards are summarized in the PUD Master Plan Booklet and are incorporated as part of the Master Development Agreement. Each phase (i.e. addition) of development shall submit a PUD Final Plan consistent with the PUD Development Stage Plan. In October 2017, Council approved an amendment to the PUD Development Stage Plan's overall Land Use Plan. The Land Use Plan established 871 housing units. As the applicant has worked through final plan design to address City and RCWD comments from the preliminary plat, the number of 55' wide villas was reduced from 127 units to 120 units. The net number of housing units is now 864. The net density is 3.39 units per acre and is consistent with the 2030 Comprehensive Plan's required 3.0 to 4.5 units per acre. October 2018 Gross Area (acres) 372.24 Wetlands & Water Bodies 45.09 Public Parks & Open Space 66.25 Arterial ROW 5.46 Other Undevelo able) 0.62 Net Area (acres) 254.82 # of Housing Units 864 Gross Density (units/acre) 2.32 Net Density (units/acre) 3.39 Grading and Trunk Utility Improvements Lennar commenced grading and trunk utility improvements in September 2018. Phase I grading was approximately 140 acres and Phase II grading was approximately 20 acres. Phase III will grade out the balance of the site, approximately 212 acres. The 5th Addition final plat is within the Phase III grading limits. PUD Final Plan Watermark 5th Addition creates 97 single family lots and 7 outlots. The PUD Final Plan is consistent with the PUD Development Stage Plan in regards to the land use plan, street and utilities, parks and open space, lot standards and landscaping. The following housing types and products proposed for the 5th Addition are consistent with the approved Land Use Plan. g Type Lot Width Housing Product 7 7Siing7leFamily 75' Landmark 54 gle Family 55'-60' Discovery 43 TOTAL Architectural Standards Resolution No. 17-133 and Resolution No. 19-131 detail architectural design standards for the entire Watermark development. As required, a Watermark 5th Addition Home Plans summary booklet and Architectural Standards Matrix were submitted. The booklet and matrix detail compliance of the housing products with the resolutions in regards to exterior materials and styles, house elevations and garage and porch requirements. There are over 10 different single family house plans with multiple facade and elevation options for a combination of over 90 different housing styles proposed for the 5th Addition. Color packages and anti -monotony plans will be included with each building permit application to ensure that the homes elevations are varied with a minimum of five different styles and those homes in proximity to each other not look alike in terms of the combination of color of siding, accent and roofing materials. Coventry by Alside vinyl siding with .042" panel thickness is proposed on all the housing units. All houses have minimum 4" window trim on the side and rear elevations to meet resolution requirements to incorporate an architectural feature into those elevations that are visible from 201h Avenue (CSAH 54), 2 1 " Avenue N. and the public park. In summary, the Watermark 5th Addition single family housing types and products meet the architectural design standards requirements of Resolution No. 17-133 and Resolution No. 19- 131. HOA Clubhouse Lot 1, Block 3, Watermark 4th Addition was platted for the future construction of the HOA clubhouse. Per the Master Development Agreement, the developer shall construct a private club house for the use of the residents of the Development once final plat approval for 518 lots has been granted by the City. With the approval of the 5th addition final plat, there will be 613 approved lots; therefore, the clubhouse shall be constructed with the approval of the 5th Addition. Architectural plans for the clubhouse were submitted with the 5th Addition. The one -level clubhouse is 5,140 sf and 20ft in height. Exterior materials consist of asphalt shingles, thin veneer stone base and LP Smartside trim, board & batten and lap siding. Colors are dark and light earth tone greys and browns. The floor plan includes a fitness room, yoga room, kitchen, community room, restroom and mechanical rooms. The site plan indicates a side yard covered patio, a rear yard patio, retaining wall, 15 parking spaces and sidewalk connections to Watermark Park to the west. The clubhouse setbacks are 56ft front, 27ft rear, 11 ft west side and 32ft east side. These are consistent and greater than the required house setbacks of 25ft front and rear and 6.5ft sides. The parking lot front lot line setback is IOft. The building orientation shown on the site plan and architectural plan do not match. The architectural plans shall be revised to be consistent. Any exterior mechanical equipment shall be screened. In conjunction with the public Watermark Park located to the northwest of the HOA clubhouse, City staff and Lennar are working together on a plan to create a shared driveway and add additional parking on the Watermark Park site. Landscaping The Watermark 5th Addition Site Landscape Plan has been reviewed by staff and is consistent with the PUD Development Stage Landscaping Plan. The Environmental Coordinator Memo dated July 6, 2022 notes some minor comments such as seed mix types, clear vision areas and planting details. Subdivision Ordinance Conformity with the Comprehensive Plan and Zoning Code The Watermark 5th Addition final plat has been reviewed for compliance with the comprehensive plan, zoning and subdivision ordinance. The proposed final plat meets the performance standards of the subdivision and zoning ordinance and is consistent with the PUD Development Stage Plan/Preliminary Plat and Final Plan. Plat Phases The following summarizes the number of lots platted per addition: 7 =IqW Remaining Remaining Total #Lots Addition # SF Lots #SF Lots # TH Lots #TH Lots Remaining 692 172 864 13t 100 592 93 79 671 2nd 57 535 0 79 614 3rd 96 439 79 0 439 4th 91 348 0 0 348 5th 97 251 0 0 251 Blocks and Lots The final plat creates 97 single family lots and 7 outlots. The following chart summarizes the purpose of the outlot: Outlot r Purpose 11 A Pond 500 and Open Space B Future Development C Pond 800, Wetland and Open Space D Future Development E Pond 1000, Wetland and Open Space F Future Development G Trail Corridor All outlots will be deeded, owned, and maintained by a Homeowners Association (HOA). Easements Standard drainage and utility easements are being dedicated on individual lots and over Outlot A. Outlots C and E shall also have easements dedicated on the final plat. Street and Utilities The 5th Addition proposes construction of the following streets which are consistent with the PUD Development Stage Plan: Street Name Right -of -Way Width Street Width (Back to Back) Koronis Circle, Norway Lane, Mille Lacs Lane, 60 feet 32 feet Forest Lane, Osakis Street Watermain, sanitary sewer main, stormwater facilities, streets, sidewalks and trails are being constructed consistent with the PUD Development Stage Plan. Public Land Dedication and Fees As approved with Resolution No. 16-51, the City will require the following combination of land dedication and cash in lieu of land dedications: 1. Land dedication for the public and private parks will be credited from the total payment in lieu. 2. Costs for public park improvements and trail construction will be credited from the total payment in lieu. 3. Improvements to the private parks and recreational center will not be credited from the total payment in lieu. An 8.5 ft wide bituminous trail will be constructed 2501f over Outlot G from the public park to Norway Lane. A Permanent Trail Easement over Outlot G is required. Trail construction costs will be credited. Lot 1, Block 3, Watermark 4th Addition was platted for the future construction of the HOA clubhouse. Per the Master Development Agreement, the developer shall construct a private club house for the use of the residents of the Development once final plat approval for 518 lots has been granted by the City. With the approval of the 5th addition final plat, there will be 613 approved lots; therefore, the clubhouse shall be constructed with the approval of the 5th Addition. The following is a summary of the land dedication and fees: Watermark 5th Addition Total # Units = 97 x Park Dedication Fee $3,160 = Cash in Lieu Value $306,520 - Negative Balance from Watermark 4th ($39,440) - Trail Construction Costs ($7,500) TOTAL CASH FEE DUE _ $259,580 The negative cash balance from Watermark 4th Addition was the result of parkland dedication and trail construction cost credits exceeding the per unit cash in lieu value. The negative is carried over and balanced with 5th Addition. Plans and specs for Watermark Park are complete and construction is tentatively scheduled for 2023 once public street and infrastructure to the park site are installed. As noted, City staff and Lennar are working together on a revised plan to create a shared driveway and add additional parking on the Watermark Park site 6 Wetlands Wetland delineations were approved by RCWD and USACE in 2015. The delineation identified 28 wetlands totaling approximately 20 acres in size. The original approved WCA Sequencing Application proposed wetland impacts, wetland creation, wetland restoration and upland buffer establishment. In April 2018, the developer revised the application to purchase 3.3671 acres of wetland banking credits as the proposed compensatory mitigation action. The wetland fill, impacts and mitigation (wetland bank credits) occurred within the Phase I grading limits and are complete. In December 2020, the developer submitted another Wetland Replacement Plan to RCWD for the balance of the site. Phase 3 grading impacts 5.9784 acres of wetland which require a 1:1 mitigation. The plan was to buy wetland credits for mitigation; however, viable wetland restoration and creation opportunities exist within Phase 3; therefore, onsite restoration and creation will be used for mitigation. This is consistent with the Parks and Open Space Plan and the establishment of the greenway corridor including wetlands, trails and open space. To date, wetland mitigation and restoration has been completed on Wetland Restoration Area RA1. Restoration to the other wetlands will occur in conjunction with grading in those impacted areas. Open Space Easement Section 7.2 of the Watermark Master Development Agreement states the owner shall provide the City with a perpetual open space easement. The easement protects the parks, open space, wetlands etc. from any land disturbance that is not consistent with the Restoration and Management Plan. Currently, a "blanket" easement is in place that covers all outlots in Watermark. As each such outlot is further subdivided, the blanket easement area is re -defined with a detailed open space easement. An Open Space Easement shall be recorded over Outlots A, C, and E, Watermark 5th Addition. The Watermark 5th Addition Final Landscape Plan details the location of required "Protected Open Space Area" signs. Development Agreement Master Development Agreement A Master Development Agreement was recorded in March 2019. The Agreement covers the entire 372 acre site and details the terms and conditions of City approvals, the Development Plans, the required public and private improvements as part of the first and subsequent phase, the standards for the timing and financing of the improvements, required HOA documents and the terms of payment. Development Agreement and Planned Unit Development Agreement The City will also require our standard Development Agreement specific to each phase of development. This agreement further details required improvements and securities. The City Engineer will draft this Agreement and it shall be approved by the City Council. Homeowner's Association (HOA) The City Attorney will review the HOA documents. Any comments shall be addressed prior to release of the mylars. Title Commitment The City Attorney reviewed the title commitment and final plat and has no comments. Stormwater Maintenance Agreement The stormwater facilities will be covered under the City's Programmatic Stormwater Management Agreement after they have been installed and accepted by the City. Findings of Fact The Findings of Fact for Watermark 5th Addition PUD Final Plan/Final Plat are detailed in Resolution No. 22-78. RECOMMENDATION The Planning & Zoning Board reviewed the Watermark 5th Addition PUD Final Plan/Final Plat on July 13, 2022 and recommended approval with a 5-0 vote. ATTACHMENTS 1. HOA Clubhouse and Site Plan 2. Resolution No. 22-78 3. Final Plat 4. Resolution No. 22-79 5. Development Agreement and Planned Unit Development Agreement 6. Resolution No. 22-80 7. Open Space Easement R. y b� caJ 1 GENERAL SHEET NOTES u C B A 1 1 A301 A2o1 4 5 6 121' - 4" 36-0" 16'-8" T-71/2" CL 10'-1" CL 13'-31/2" GL 5'-0" 16'-8" — — - — — — — — — — — 0 0 00 10 10 W3 W3 W3 ao i I MEN N W4 � W4 W4 i W4 I � CORR I 100B FURNITURE I STORAGE I 110 N I WOMEN 108 CLOSET I FITNESS r` o ® 100D� A301 `' - - - - - - - - - - - 4'-0" 13'-43/4" m M t_� CLR - 0— JAN 114 N ' V A201 61 i 113 j0 0 112 MECHc4� 6' 114 N o SHO ER 112 °O W2 W2 W2 W2 YOGA MEn 36'-0" 16'-8" X C2 1 � 16'-0" 16'-8" 36-0" 4'-4" 7'-4" 4'-4" 16-8" 7'-111/2" 10'-1" 10'-1" 7'-101/2" Dal I I I ------------------- W DW I I o 1046 W4 W4 L - W4 W4 W2 W2 _MECIT - - - ❑o a ® F105n 104A I o I o I 102A I I COMMUNITY ROOM I I 106 o KITCHEN I 102 CLOSET I 104 I 8 106_j 1 L7 u o o w1 r 1 l o °--- - - - - - - - - — ------------------ 2 A411 I 100E A411 A301 -i - - - - - - - - - - -- O - - - - 16-1 1/2" 9' -10" M 2 0 —O7 --- CLOSET — — — - — — — — — — FOYER103 w1 100 , 0N VEST. 100A no 0 16-0" STORAGE 118 OFFICE 101 16-8" 118 W2 W2 W2 W2 W2 W2 ----------------- - - - - - - - - - - - - - - - - - - - - - 36' - 0" 102E W1 N1313 —C, 14' - 41/2" A. GENERAL NOTES APPLY TO ALL DRAWING SHEETS. B. COORDINATE THIS ARCHITECTURAL PLAN WITH PLANS BY ALL OTHER DISCIPLINES IN THE DOCUMENTS, SUCH AS CIVIL, STRUCTURAL, MECHANICAL, PLUMBING, ELECTRICAL, FIRE PROTECTION PLANS, AND OTHERS AS NECESSARY. NOTE: SYMBOLS USED IN PLANS BY OTHER DISCIPLINES MAY DIFFER FROM ARCHITECTURAL SYMBOLS. C. REFER TO THE CODE ANALYSIS ON SHEET XX.XX (VERIFY SHEET NUMBER) FOR REQUIRED FIRE RATINGS, TYPES AND LOCATIONS OF RATED ASSEMBLIES. D. ALL OPENINGS CUT, PENETRATIONS MADE, OR EQUIPMENT INSTALLED IN FIRE RATED ASSEMBLIES SUCH AS WALLS, PARTITIONS, FLOORS, CEILINGS, ETC. SHALL BE RESTORED, SEALED, FIRESTOPPED, OR OTHERWISE CONSTRUCTED TO MAINTAIN THE INTEGRITY AND FIRE RATING OF THE ASSEMBLY TO THE FULL SATISFACTION OF THE ARCHITECT, ENGINEER, BUILDING OFFICIAL AND OWNER. THE GENERAL CONTRACTOR SHALL COORDINATE AND BE RESPONSIBLE FOR THIS WORK. E. TYPICAL INTERIOR PARTITION IS P4 WALL TYPE UNLESS NOTED OTHERWISE. REFER TO WALL TYPES ON SHEET A511. TYPICAL INTERIOR FURRING PARTITION IS T4 UNLESS NOTED OTHERWISE. REFER TO WALL TYPES ON SHEET A512. F. DIMENSIONS OF INTERIOR WALLS ARE TO FACE OF STUD, FACE OF CMU, FACE OF CONCRETE, OR FACE OF EXISTING WALL UNLESS NOTED OTHERWISE. G. DIMENSIONS OF EXTERIOR WALLS ARE TO EXTERIOR FACE OF SHEATHING, OR EXTERIOR FACE OF CMU OR CONCRETE UNLESS NOTED OTHERWISE. H. AT "ALIGN" NOTE, FINISH FACE OF WALLS TO ALIGN I. INSTALL ACOUSTIC BATT INSULATION IN ALL RESTROOM WALLS AND WALLS CONTAINING PLUMBING PIPES. J. REFER TO ENLARGED PLANS, WHEN PROVIDED, FOR ADDITIONAL INFORMATION TO SUPPLEMENT THE FLOOR PLANS. K. SEE SHEET XX.XX (VERIFY SHEET NUMBER) FOR STANDARD AND ACCESSIBLE MOUNTING HEIGHTS OF FIXTURES AND ACCESSORIES. L. PROVIDE METAL AND/OR FIRE-RESISTANT WOOD BLOCKING AT ALL WALL MOUNTED FIXTURES, FURNITURE, EQUIPMENT, ACCESSORIES, AND OTHER SPECIALTIES. M. OWNER SUPPLIED FURNITURE AND EQUIPMENT SHOWN AS DASHED. NOT IN CONTRACT UNLESS NOTED OTHERWISE. N. ALL EXPOSED PIPES, VENTS, AND CONDUIT PENETRATING WALLS, FLOORS, OR CEILINGS SHALL HAVE FINISHED TRIM RINGS (ESCUTCHEONS). 0. FIRESTOP AROUND MECHANICAL AND ELECTRICAL EQUIPMENT, ETC. WITH UL APPROVED FIRESTOPPING MATERIAL PER CODE AT ALL PENETRATIONS IN NEW AND EXISTING FIRE RATED WALLS OR FLOORS. P. ALL NEW AND EXISTING GYPSUM BOARD SURFACES WITHIN THE CONSTRUCTION LIMITS TO RECEIVE PAINT UNLESS NOTED OTHERWISE. Q. EXTERIOR LANDINGS, STOOPS, BALCONIES, AND PORCHES SHALL BE LEVEL ACROSS DOORWAYS AND SHALL SLOPE AWAY FROM THE BUILDING AT 1/4" PER FOOT. ® KEYED SHEET NOTES 1 DOWNSPOUT AND SPLASH BLOCK 2 GAS FIREPLACE. BASIS OF DESIGN: HEAT & GLO TRUE 42 ASSEMBLY - DIRECT VENT WITH TIMER CONTROL 3 2" RECESSED SLAB, SEE STRUCTURAL 4 HIGH - LO DRINKING FOUNTAIN WITH BOTTLE FILLER BY DESIGN/BUILD MECHANICAL 5 CABINET UNIT HEATER BY DESIGN/BUILD MECHANICAL 6 4" CONCRETE MECHANICAL PAD. COORDINATE DIMENSIOND WITH DESIGN/BUILD MECHANICAL 7 COAT ROD AND SHELF 8 CONCRETE STOOP, SEE STRUCTURAL. COORDINATE FINAL SIZE WITH JOINT PATTERN 9 GAS GRILL BY OWNER. PROVIDE GAS SERVICE CENTERED ON EXTERIOR FACE OF WALL 10 VINYL FENCE WITH GATE, SEE PLAN FOR LOCAION. MATCH DEVELOPMENT STANDARD 11 KITCHEN ISLAND BY OWNER 12 24" x 24" MOP SINK AND MOP HOLDER WITH SHELF 13 SHELVING STANDARDS BY OWNER. PROVIDE BLOCKING � A201 a A301 CO � N (V > M j O N , FLOOR PLAN 1 /8" = 1'-0" = N 1 � 1 2 3 4 _PERFORMANCE DRIVEN DESIGN. LH Bcorp.com 701 Washington Ave. N, Ste 2001 Minneapolis, MN 55401 1 612.338.2029 CLIENT: LENNAR CORPORATION 16305 36TH AVENUE NORTH, SUITE 600 PLYMOUTH, MN 55446 THIS SQUARE APPEARS 1/2"x1/2" ON FULL SIZE SHEETS NO DATE ISSUED FOR NO DATE REVISION Ry pRE�,�M SNp��oN E� p5l2gj 022 COPYRIGHT 2022 BY LHB, INC. ALL RIGHTS RESERVED PROJECT NAME: WATERMARK AMENITY CENTER IN LINO LAKES 2077 WATERMARK WAY LINO LAKES, MN 55038 DRAWING TITLE: LEVEL 1 FLOOR PLAN DRAWN BY: Author CHECKED BY: Checker PROJ. NO: 220073 DRAWING NO: Al 01 101 C B A RIC 3 1/2" x 1" LP SMAI 7 1/4" x 1" LF C LI SEE A60 L A B C D LP SMARTSIDE SHAKES LP SMARTSIDE TRIM LP SMARTSIDE BOARD AND BATTEN SIDING i 0 VINYL TRASH AND MECHANICAL SCREENING (SHOWN DASHED) 2 E A301 ICI III,II I I II I 7 1/4" X 1" LP SMARTSIDE TRIM BOARD 2 A301 *Y1EST ELEVATION/8" = 1' 0" H J K L SEE A601 FOR TYPICAL EXTERIOR WINDOW TRIM LP SMARTSIDE LAP SIDING (7" EXPOSURE) 6 X 12 ALUMINUM VENT AT EACH SIDE OF DORMER ARCHITECTURAL ASPHALT SHINGLES PREFINISHED METAL FLASHING GUTTER AND DOWNSPOUTS TRUSS BRNG 110' - 1 1 /8" 3 1/2" X 1" LP SMARTSIDE OUTSIDE CORNER, TYP. CAST STONE SILL T THIN STONE VENEER Level 1 100'-0" T.O. FOOTING 96' - 0" V 6 X 12 ALUM EACH SID PREFINISHED ME VENT, TYP. SEE ROOF REPLACE VENT 'ECTURAL ASPHALT .ES RTSIDE BOARD AND I SIDING BOARD TRUSS BRNG <C 110' -1 1 /8" RTSIDE LAP SIDING OSURE) ONE VENEER ;OARD _Level 1 loot - 0" T.O. FOOTING �C 96' - 0" REPLACE VENT �OTES APPLY %RTSIDE LAP SIDING BEYOND ED CEILING BEYOND TRUSS BRNG <C 110' -1 1/8 " ( 1" LP SMARTSIDE TRIM BOARD ( 1" LP SMARTSIDE TRIM BOARD _ Level 1 100'-0" T.O. FOOTING <C 96'-0" _PERFORMANCE DRIVEN DESIGN. LH Bcorp.com 701 Washington Ave. N, Ste 2001 Minneapolis, MN 55401 1612.338.2029 CLIENT: LENNAR CORPORATION 16305 36TH AVENUE NORTH, SUITE 600 PLYMOUTH, MN 55446 THIS SQUARE APPEARS 1/2"x1/2" ON FULL SIZE SHEETS NO DATE ISSUED FOR NO DATE REVISION Ry 24 �Np��oN pRF° 05022 COPYRIGHT 2022 BY LHB, INC. ALL RIGHTS RESERVED. PROJECT NAME: WATERMARK AMENITY CENTER IN LINO LAKES 2077 WATERMARK WAY LINO LAKES, MN 55038 DRAWING TITLE: EXTERIOR ELEVATIONS DRAWN BY: Author CHECKED BY: Checker PROJ. NO: 220073 DRAWING NO: A201 1 2 3 4 p EX. 5' WA��K REMOVE 15$1 RCP STORM PIPE (f6 LF) RIM = 914.83 SINV. =910.48 WINV. =910.31 V WATERMARK WA V < < -< - <� < < - - - - - - - - - - - - - - - - - - - - - I � \ I _ 4" DIP CL.52 WATER SERVICE (FIRE) I I I I SITE PLAN KEYNOTES 1. LANDSCAPE AREA. SEE LANDSCAPE PLAN. 2. MATCH EXISTING CURB & GUTTER/SIDEWALK/PAVEMENT. 3. BITUMINOUS PAVEMENT - SEE DETAIL. 4. 4" CONCRETE PAVEMENT. 5. SURMMOUNTABLE CURB. 6. B612 CURB AND GUTTER. 7. 6" VERTICAL CURB, POUR INTEGRAL W/ SIDEWALK. 8. PEDESTRIAN CURB RAMP (MAX SLOPE 1:12). 9. 2' CURB TAPER. 10. 6" CONCRETE DRIVE APRON. 11. CONCRETE PAVERS - SEE ARCHITECTURAL. 12. HANDICAP PARKING SIGN: R7-8m W/R7-8b (12"x 18") MOUNT ON BUILDING COLUMN. 13. PARKING LOT STRIPING W/ 'NO PARKING' LETTERING 14. PRIVACY FENCING / GATES - SEE ARCHITECTURAL 15. 5' TRANSITION TO SURMOUNTABLE CURB 16. SAWCUT AND REMOVE SIDEWALK & CONCRETE CURB & GUTTER rT TO EXISTING ER MAIN AND 4" GATE VALVE -916 D � EX. 5' WALK �FLELD- VERIFY J o s EX. 12" DIP WM O C ------------------I-----I-- 4FL -I- I- I-- 15 Y i EX. 8" PVC SAN SWR <<--- <--- <--<--<-�---< -<--<- - - - <-<-<--<--<-<---<- -<-- <-- <---<--< SM H 910Z LEGEND EXISTING PROPOSED PROPERTY LINE EASEMENT LINE - CURB LINE ----------- BITUMINOUS PAVEMENT L---------J CONCRETE WALK---------� SANITARY SEWER> - STORM SEWER - -»� >> WATER MAIN - - - - UNDERGROUND ELECTRIC -Le OVERHEAD ELECTRIC -oh. MANHOLE / CATCH BASIN HYD O HYDRANT � GATE VALVE cv N LIGHT POLE ELECTRICAL BOX EB ❑ TELEPHONE BOX TB ❑ SIGN -a- ELECTRICAL METER o UTILITY POLE �a GUY WIRE FENCE LINE 8' PRIVACY FENCE RETAINING WALL SITE PLAN NOTES 1. ALL DIMENSIONS ARE TO FACE OF CURB UNLESS OTHERWISE NOTED. 2. ALL BUILDING DIMENSIONS ARE TO THE OUTSIDE FACE OF THE BUILDING UNLESS OTHERWISE NOTED. 3. ALL CURB AND GUTTER SHALL BE B618 UNLESS OTHERWISE NOTED. 4. ALL PEDESTRIAN RAMPS SHALL MEET CURRENT ADA STANDARDS. 5. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO FIELD VERIFY THE LOCATIONS AND ELEVATIONS OF EXISTING UTILITIES PRIOR TO THE START OF SITE WORK. THE CONTRACTOR SHALL NOTIFY THE ENGINEER IMMEDIATELY OF DISCREPANCIES AND/OR VARIATIONS FROM THE PLAN. 6. SAWCUT ALL JOINTS WHERE CURB AND GUTTER IS TO BE REMOVED. 7. UNLESS OTHERWISE SHOWN ON THIS DRAWING, CONTRACTOR SHALL PROVIDE CONTROL JOINTS, CONSTRUCTION JOINTS AND EXPANSION JOINTS IN SLAB ON GRADE, SIDEWALKS AND DRIVES PER THE FOLLOWING REQUIREMENTS: CONTROL JOINT MAX. SPACING: WALKS-8' O.C. ALL OTHERS-10' O.C. SAW CUT CONTROL JOINTS MINIMUM j CONCRETE THICKNESS. EXPANSION JOINTS MAX. SPACING: WALKS-24. O.C. *ALL OTHERS-40' O.C. *AT ALL POINTS WHERE A CHANGE IN PAVEMENT THICKNESS OCCURS AND/OR WHERE NEW PAVEMENT WILL MATCH EXISTING PAVEMENT, AN EXPANSION JOINT SHALL BE PROVIDED. DOWEL ALL EXPANSION JOINTS: 24" O.C. MAX. PARKING SUMMARY SITE DATA STANDARD SURFACE STALLS 14 PROPOSED ZONING: PUD HANDICAP SURFACE STALLS 1 TOTAL AREA: 26,950 SF TOTAL STALLS 15 HARD SURFACE AREA: BUILDING: 5,140 SF 19% PAVEMENT: 9,811 SF 36% TOTAL: 14,951 SF 55% PERVIOUS SURFACE AREA: 11,999 SF 45% STORM SEWER SCHEDULE STRUCTURE NEENAH CASTING or EQUAL TYPE & No. SIZE CBMH-100 48" DIA. R-3067-VB CBMH-101 24" X 36" R-3067-VB CALL BEFORE YOU DIG 0 5 10 20 (IN FEET) Know what's below. Call before you dig. ENGINEERING CARLSON 3890 PHEASANT RIDGE DR NE SUITE 100 I hereby certify that this plan, specification Print Name: Brian J. Krystofiak, P.E. or report was prepared by me or under my Drawn: RJR Revisions: 1. L E N N A R WATERMARK AMENITY CENTER C 3 / SURVEYING ONNN BLAINE, MN 55449 TEL 763.489.7900 direct supervision and that I am a duly Signature: Designed: RJR 16305 36th Avenue N. - Suite 600 SITE & UTILITY PLAN of M C �A' N ENVIRONMENTAL FAX 763.489.7959 Licensed Professional Engineer under Date: 06/16/22 License #: 25063 Date: 06/17/22 Lino Lakes, M N 6 CARLSONMCCAIN.COM the laws of the State of Minnesota Plymouth, M N 55446 Save Date: 06/17/221 f:\jobs\6721 - 6740\6731 - watermark\cad cad\engineering\clubhouse - 4th addition\6731c_site.dwg 7tU/J1 CITY OF LINO LAKES RESOLUTION NO.22-78 RESOLUTION APPROVING WATERMARK 51h ADDITION PUD FINAL PLAN/FINAL PLAT WHEREAS, the City received a land use application for Watermark 5th Addition PUD Final Plan/Final Plat approval hereafter referred to as Development; and WHEREAS, City staff completed review of the proposed Development based on the following plans and information: • Cost Estimate Summary prepared by Carlson McCain dated March 8, 2022 • 5th Addition Specification Book prepared by Carlson McCain dated February 11, 2022 • Watermark 5th Addition Final Plat prepared by Carlson McCain • Sanitary Sewer, Water Main, Storm Sewer and Street Construction Plans prepared by Carlson McCain dated February 11, 2022 • Site Landscape Plan prepared by Carlson McCain dated March 18, 2022 • Grading, Development & Erosion Control Plan prepared by Carlson McCain dated March 19, 2021 • Watermark 5th Addition Home Plans Booklet prepared by Lennar dated May 22, 2022 • Watermark Architectural Standards Matrix; and WHEREAS, the City Council the approved the PUD Development Stage Plan/Preliminary Plat with Resolution No. 16-51 on June 13, 2016; and WHEREAS, the Planning & Zoning Board reviewed and recommended approval of the Development on July 13, 2022; 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 notes the title commitment shall be updated. 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. BE IT FURTHER RESOLVED by the City Council of the City of Lino Lakes hereby approves Watermark 5th Addition PUD Final Plan/Final Plat subject to the following conditions: 1. Outlots A, C, and E, Watermark 5th Addition are preserved as permanent Open Space and shall be improved by the Developer in accordance with the approved plans and upon completion and acceptance by the city of such improvements, they shall be owned and maintained by a Homeowner's Association in accordance with an approved Restoration and Management Plan. 2. The Watermark HOA clubhouse and related site improvements shall be completed and operating prior to Council approval of Watermark 61h Addition PUD Final Plan/Final Plat. 3. Outstanding punch list items from Watermark 1st, 2na, and 3rd Addition shall be finalized prior to Council approval of Watermark 6th Addition PUD Final Plan/Final Plat. BE IT FURTHER RESOLVED by the City Council of the City of Lino Lakes hereby approves Watermark 5th Addition PUD Final Plan/Final Plat subject to the following items being addressed prior to release of final plat mylars: 1. The 5th Addition Development Agreement shall be approved by the City Council, executed and recorded against the property. 2. Any staff comments requiring revisions to the final plat shall be addressed. 3. A draft copy of the Permanent Trail Easement over Outlot G shall be submitted to the City for review and approval. 4. The City Attorney shall review the Homeowner's Association (HOA) documents prior to release of the final plat mylars. 5. Final Plat: a. Drainage and utility easements shall be dedicated over Outlot C and Outlot E. b. The final plat shall reference U.S. Home, LLC. BE IT FURTHER RESOLVED by the City Council of the City of Lino Lakes hereby approves Watermark 5th Addition PUD Final Plan/Final Plat subject to the following items being addressed prior to issuance of any single family home building permits within the 5th Addition: 1. All comments from the City Engineer Letter dated July 6, 2022 shall be addressed. 2. All comments from Environmental Coordinator Memo dated July 6, 2022 shall be addressed. 3. Copies of the following executed and recorded documents shall be submitted to the City: a. Development Agreement b. Homeowner's Association c. Open Space Easement d. Permanent Trail Easement e. Deeds for Outlots A, C and E to HOA. BE IT FURTHER RESOLVED by the City Council of the City of Lino Lakes hereby approves Watermark 5th Addition PUD Final Plan/Final Plat subject to the following items being addressed prior to issuance of the HOA Clubhouse building permit: l . All comments from the City Engineer Letter dated July 6, 2022 shall be addressed. 2. All comments from Environmental Coordinator Memo dated July 6, 2022 shall be addressed. 3. The architectural plans shall be revised to be consistent with the site plan. 4. Any exterior mechanical equipment shall be screened. 5. The site plan and shared parking lot between the HOA Clubhouse and Watermark Park shall be finalized between the Developer and the City. Adopted by the Council of the City of Lino Lakes this 8th day of August, 2022. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Rob Rafferty, Mayor ATTEST: Julianne Bartell, City Clerk and WATERMARK 5TH ADDITION N89°37'52"E wn�uutx sxD 2250.49 n°Dinax IR E sssz sz7z,a E I< z-� �N I OUTLOT B E self __WET�o , - 00 "LAND Ca<. '�Ooa\y, mpn aO y�sw �\ () 3 w. .I no s r' „:s &f ., e.aoos u` 3a, I:s 3 ,N,,zweagq :�SzyF'' 34 4 1,sF a vo srE +s+��oPo\� WETLAND _ 5 5 ..U,..O a l y N89°37'52"E 6 OUTIAT E�"' 6 ozae•�sc >'as r<a•w a9o,sB .N�,��, y ��y _ _ 380.00 - 7 q„oi9z+9w s'E < • <`�_/�' ;/ v sTReeT 8—ssom,bw ,�..OUTTAT D'< 56 qa 1 6 a.. 9 / ; -»cyz `,It INSET A z ga 6E__ ��`-Sq— a / 10 '� ss o� v n SEE SHEET 2 11 , -. bg,'O" cseis b',� x OF 5 SHEETS J�rOU7ZOT C 1'"l ',� ep"o-° �s•459fi r spG�°qw-" �$a 4 12 siesr o J ' o'w ; . ec9s•-<. _ equ OUTLOT A 4 5 13 ��a `\-_�.• 3 6 14 '^ \ ,� Lo �(. $m $o o .a '•1gos�'w _,107.14 '40°08'29"F — 15 n H WET=ND �(/ + �o8m z ✓ __ I N-�+�'yw o�ew" 0o 1T ;�P8 sas. 67 1641 .§N CITY OF LINO LAKES COUNTY OF ANOKA SEC. 13, TWP. 31, RGE. 22 � m. M'a� aa6glz "- e..r i......o z Rxow ILL EERSOxs DY -FI1 ENESENTs. roar o.N. x.me u.". " Dd...r. .m m. wi ..ra. z ar. q om Nmxy ...NNx..r. IIIITII ... "aim. >mEE reN.ANN sx —TON�a a... 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I.-.. rni. r_rd SHEET 1 OF 5 SHEETS INSET A T, 1-3 1 2 2 ---- 2� SWI-F— - - - - 3 3 - -- - - - - - --- - - - F 4 34 L ---- 21�9- - - - -J 2. L — - - - - - im—od —I- — 7 - - - GO T L - - - - P 7 Q, 2 4! 7 CITY OF LINO COUNTY OF A= SEC. 13, TWP. 31, RGE. 22 WATERMARK STH ADDITION '1, 4 i? 4 -7 6 6j r DRAINAGE AND UTILITY S7 EASEMENTS ARE SHOYM THUS: -7 7 1 1 + - - L.- 7 L i-- -7 - - - - -- N 45 9 52 E-L .1.11�1_1/1, 1.1 i R-1 I 1�"I'ETET CARLSON MSCAIN E.--- SHEET 2 OF 5 SHEE CITY OF LINO LAKES INSET B COUNTY OF ANOKA WATERMARK 5TH ADDITION SEC. 13, TWP. 31, RGE. 22 ..0 '2 --7 t4 �E `E "2, 31 30 10 18 32 �'�j 31 23 30 5 26 ff I�g zu t I 28 I I 27 s�l 11 jl L_� -qj'L 7 W_j LA� ;�P _OR!�Ay �0 Lot LA �l 13 M. IV f 15 A' _T L 2 3 7 51 I� 4 j —1 1p N oa w DRAINAG AND UTILITY N EASEMENTS ARE SHOWN THUS: AV 1— 5 A'D'DI'.0,N'.�s, assumed 7 7 1. I—Ig .1 —h �D.-.3h,./-' 4, ""11V , I" � %.. CARLSON --d il, q.... ml' .'d I. d d MSCAIN Y., I.— 5/� R.- ®R '(S'�C�I�LE I FEET) � 1. FEET SHEET 3 OF 5 SHEET� INSET C CITY OF ONO LAKES WATERMARK 5TH ADDITION COUNTY OF ASEC. 13, TWP. 31, RGENOKA . DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: II II II QNCARLSON , MSCAI ...-E.N. \ SU-1- \ SHEET 4 OF 5 SHEETS CITY OF LINO INSET D COUNTY OF WATERMARK STH ADDITION SEC. 13, TWP . 31, RGE. 22 DRAINAGE AND UTILITY CASEMENTS ARE SHOWN THUS: 0 i— ..1— 10 L T- 21 22 20 12 TER,, 'F'K n, < S CIRCLE 13 ----- ------ 14 18 < g; 5 I'S 16 "Zw N —1.1 D, 3' "" "�Z' lo 11.1 Nlltl v 7 ro.Ig 5/.8.n,.,by.,14,.n.ch,,,R,�.�,r.,�I g lo b, I A. ®CARLSON R, MSCAIN SHEET 5 OF 5 SHEET� CITY OF LINO LAKES RESOLUTION NO.22-78 RESOLUTION APPROVING WATERMARK 5th ADDITION DEVELOPMENT AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT WHEREAS, on August 8, 2022 the City Council passed Resolution No. 22-78 approving Watermark 5th Addition PUD Final Plan/Final Plat; and WHEREAS, the City's subdivision ordinance and conditions of approval require the execution of a development agreement between the Developer and the City of Lino Lakes. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby approves the Development Agreement and Planned Unit Development Agreement between US Home Corporation and the City of Lino Lakes for Watermark 5th Addition and authorizes the Mayor and City Clerk to execute such agreement on behalf of the City. Adopted by the Council of the City of Lino Lakes this 8th day of August, 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 and PLANNED UNIT DEVELOPMENT AGREEMENT Watermark5thAddition THIS AGREEMENT is made this _ day of , 2022, by and between the City of Lino Lakes ("City"), a Minnesota municipal corporation, and U.S. Home, LLC, a Delaware limited liability company ("Developer"). 1. Subdivision. Developer received preliminary plat approval from the City by Resolution No. 16-51 for a plat known as Watermark ("Subdivision"). Unless otherwise stated, all terms and conditions of this Agreement relate to work within the Watermark 5th Addition of the Subdivision. 2. Final Plat Approval. The City's approval of the final plat of Watermark 5th 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. 22-78. The Final Plat including 97 lots is attached hereto as Exhibit A. 3. Phased Development. The City may refuse to approve final plats of subsequent additions of the plat if the Developer has breached this Agreement and the breach has not been remedied. Development of subsequent phases may not proceed until Development Agreements for such phases are approved by the City and are fully executed. 4. Developer Plans. a. The Watermark 5 th Addition shall be developed in accordance with the following Developer Plans, original copies of which are on file with the City Engineer. The Developer Plans may be prepared and revised after entering into this Agreement but must be approved by the City before commencement of any work. If the plans vary from the written terms of this Agreement, this Agreement shall control. b. The Developer Plans as of the date of this Agreement are: i. Watermark 511 Addition Final Plat, containing 5 sheets, prepared by Carlson McCain, received May 23, 2022. Watermark 5" Addition Development Agreement August 8, 2022 Watermark 51h Addition Sanitary Sewer, Water Main, Storm Sewer and Street Construction plan set containing 22 sheets, dated February 11, 2022, prepared by Carlson McCain. iii. Watermark Grading, Development & Erosion Control Plan, containing 24 sheets, prepared by Carlson McCain, revision date February 11, 2022. iv. Watermark 51h Addition Landscape Plans, containing 4 sheets, prepared Carlson McCain, dated March 18, 2022 5. Permits. The Developer shall be responsible for securing all site grading and development approvals and all other required permits from all appropriate Federal, State, Regional and Local jurisdictions prior to the commencement of site grading or construction and prior to the City awarding construction contracts for public improvements. 6. Developer Improvements. The Developer shall secure a contractor to install the improvements described in this paragraph, or otherwise required herein to be installed by Developer, hereinafter referred to as the "Developer Improvements," which contractor shall be approved by the City in its absolute and sole discretion. The Developer Improvements shall be constructed per the City Standard Specifications for Construction 2022 (Revised January 2022), current version. The cost of Developer Improvements is as shown on Exhibit B attached hereto. All Developer Improvements shall require City inspection and approval and, where appropriate, the approval of any other governmental agency having jurisdiction. The Developer shall construct and install at the Developer's expense the following improvements according to the following terms and conditions: a. Site Grading i. No grading shall commence until all requirements of the Rice Creek Watershed District (RCWD) have been satisfied. ii. All site grading shall be conducted in accordance with the grading plan as approved by the City and in accordance with NPDES and RCWD requirements. The Developer shall perform the work in accordance with a Storm Water Pollution Prevention Plan (SWPPP) pursuant to Minnesota Pollution Control Agency (MPCA) requirements. b. Grading and Erosion Control i. The Developer shall grade the site to within 0.2 foot of the grades shown on the approved grading plan. No deviations will be allowed unless a page 2 Watermark 5" Addition Development Agreement August 8, 2022 revised plan is submitted and approved in writing by the City and all other regulatory agencies. 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 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 and wear course, street signs and striping 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. page 3 Watermark 5th Addition Development Agreement August 8, 2022 page 4 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. i. Landscaping shall be furnished and installed in accordance with the approved plans. Boulevard Tree Planting shall be the responsibility of the Developer. Developer shall confirm tree selection with City prior to ordering. City retains the right to make changes to species prior to ordering. Developer shall be responsible for vegetative restoration of ponding areas, outlots, wetland mitigation areas, and other native planting areas identified on the plans in accordance with City Standard Specifications for Construction. Developer shall 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. l. The Developer shall install wetland buffer signs per City standard detail plates prior to the issuance of building permits. 7. Time of Performance. The Developer shall install all required improvements enumerated in Paragraph 6 by November 30, 2023. The Developer may request a reasonable extension of time from the City. If the extension is granted, it shall be Watermark 5" Addition Development Agreement August 8, 2022 conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 8. 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. c. A summary of the record plan attribute data for the storm sewer, watermain, and sanitary sewer structures and pipes shall be submitted in the form of an Excel Spreadsheet as provided by the City Engineer. d. No securities will be fully released until all record drawings have been submitted and accepted by the City Engineer. 9. Faithful Performance of Construction Contracts and Sec 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 page 5 Watermark 5" Addition Development Agreement August 8, 2022 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. 10. Warranty. The Developer warrants all utility work required to be performed by it against poor material and faulty workmanship for a period of two years after its completion and acceptance by the City. All new streets shall be warranted by the developer for a period of one year from the time the final inspection of the street is completed and accepted by the City Council. All trees, grass and sod shall be warranted to be alive, of good quality and disease free for 12 months after planting. Prior to final acceptance of the Developer Improvements the City shall require a 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 Exhibit B. 11. Dedication. The Developer shall dedicate to the City, at no cost to the City, any permanent or temporary easements that may be necessary for the construction and installation of the Developer Improvements. All such easements required by the City shall be in writing, in recordable form, containing such terms and conditions as the City shall determine. 12. Ownership of Improvements. Upon completion and City acceptance of the work and construction required by this Agreement, the public improvements lying within public rights -of -way and easements shall become City property without further notice or action unless the improvements are to be deemed private infrastructure. 13. Recording and Release. The Developer agrees that the terms of this Development Agreement shall be a covenant on any and all property included in the Subdivision. The Developer agrees that the City shall have the right to record a copy of this Development Agreement with the Anoka County Recorder to give notice to future purchasers and owners. This shall be recorded against the Subdivision described on Page 1. 14. Escrow for City's Costs. a. The Developer agrees to establish a non -interest bearing escrow account with the City in an amount determined by the City Administrator or their designee for the payment of all costs incurred by the City related to the development of the page 6 Watermark 5" Addition Development Agreement August 8, 2022 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. Street, storm sewer and pond maintenance vi. Property Taxes. Should the recording of the Final Plat occur after July 1st, any and all property taxes on any public property dedicated as a part of this plat shall be the responsibility of the Developer. b. If the above escrow amounts are insufficient, the Developer shall make such additional deposits as required by the City. The City shall have a right to reimburse itself from the Escrow with suitable documentation supporting the charges. 15. Developer Fees. At the time of execution of this Agreement, the Developer shall pay the following fees related to the development of the Subdivision (See Exhibit B for breakdown of costs): a. Park Dedication As approved with Resolution No. 16-51, the City will require the following combination of land dedication and cash in lieu of land dedications: Land dedication for the public and private parks will be credited from the total payment in lieu. Costs for public park improvements and trail construction will be credited from the total payment in lieu. Improvements to the private parks and recreational center will not be credited from the total payment in lieu. An 8.5 ft wide bituminous trail will be constructed 250 If over Outlot G from the public park to Norway Lane. A Permanent Trail Easement over Outlot G is required. Trail construction costs will be credited. Lot 1, Block 3, Watermark 4t" Addition was platted for the future construction of the HOA clubhouse. Per the Master Development Agreement, the developer shall construct a private club house for the use of the residents of the page 7 Watermark 5" Addition Development Agreement August 8, 2022 Development once final plat approval for 518 lots has been granted by the City. With the approval of the 5t" addition final plat, there will be 613 approved lots; therefore, the clubhouse shall be constructed with the approval of the 5t" Addition. The following is a summary of the land dedication and fees: Watermark 5th Addition Total # Units = 97 x Park Dedication Fee $3,160 = Cash in Lieu Value $306,520 - Negative Balance from Watermark 4th ($39,440) - Trail Construction Costs ($7,500) TOTAL CASH FEE DUE _ $259,580 The negative cash balance from Watermark 4t" Addition was the result of parkland dedication and trail construction cost credits exceeding the per unit cash in lieu value. The negative is carried over and balanced with 5t" Addition. b. The Developer shall pay 15 months of maintenance and energy costs for street lights installed within the Subject Property at the rate of $8/month/light. After that the City will assume the costs. c. GIS Mapping Fees d. Trunk Sewer Connection Fees The City established trunk utility connection fees to uniformly distribute the costs of public trunk sanitary sewer infrastructure. The Trunk Utility Connection Fee consists of two components; a Trunk Charge and an Availability Charge. Trunk Charge The trunk charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. Residential trunk charges are based on one unit per page 8 Watermark 5" Addition Development Agreement August 8, 2022 dwelling unit. Sa n ita ry Sewe r $1,630.00 Per Unit Availability Charge For residential properties, the availability charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. Residential uses shall be assigned one unit per dwelling unit unless otherwise noted by Metropolitan Council Environmental Services (MCES). City Sewer (CSAC) $1,525.00 Per SAC Unit Trunk sewer unit charges addressed under this paragraph are in addition to any SAC charges imposed by Metropolitan Council Environmental Services. An estimate of the total charge and the trunk utility credit for developer installed trunk oversizing is specified in Exhibit B. e. Trunk Water Connection Fees The City established trunk utility connection fees to uniformly distribute the costs of public trunk water infrastructure. The Trunk Utility Connection Fee consists of two components; a Trunk Charge and an Availability Charge. Trunk Charge The trunk charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. Residential trunk charges are based on one unit per dwelling unit. Water Availability Charge $2,341.00 Per Unit For residential properties, the availability charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. Residential uses shall be assigned one unit per dwelling unit unless otherwise noted by Metropolitan Council Environmental Services. City Water (CWAC) $1,473.00 Per SAC Unit page 9 Watermark 5" Addition Development Agreement August 8, 2022 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 g. 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 Area Charges were assessed in 2021 in accordance with the Watermark Master Development Agreement. 16. Assessment of Charges and Waiver of Rights. a. In consideration of the construction of City Improvements listed in Section 7 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 page 10 Watermark 5" Addition Development Agreement August 8, 2022 the City for any deficiency and the City shall pay the Developer any surplus arising from the payment based upon such estimate. 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. 17. Building Permits. No building permits shall be issued until: a. Site grading, certified compaction testing, City sewer, water, storm sewer, and bituminous base construction of the streets, temporary street signs, gas, electric, telecommunication, cable and internet are installed and approved by the City, except as provided below i. Model Homes: Structures may be installed as model homes consistent with City ordinance upon approval of the final plat. A record drawing of the site grading for the model home lots shall be submitted prior to issuance of building permits for the model homes. ii. If any building permits for model homes are issued prior to the completion and acceptance of public improvements, the Developer page 11 Watermark 5" Addition Development Agreement August 8, 2022 assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, the Developer, its contractors, subcontractors, material men, employees, agents or third parties. Any such costs shall be reimbursed from Developer's escrow. 18. Special Provisions. Outlots A, C, and E, Watermark 5th Addition are preserved as permanent Open Space and shall be improved by the Developer in accordance with the approved plans and upon completion and acceptance by the city of such improvements, they shall be owned and maintained by a Homeowner's Association in accordance with an approved Restoration and Management Plan. b. The Watermark HOA clubhouse and related site improvements shall be completed and operating prior to Council approval of Watermark 6th Addition PUD Final Plan/Final Plat. c. At the discretion of the City outstanding punch list items from Watermark 15t and 2nd Addition shall be finalized prior to Council approval of Watermark 6th Addition PUD Final Plan/Final Plat. This clause shall exclude punch list items identified during the warranty period. d. Homeowners' Association Covenants and Restrictions The Developer shall establish a Homeowners' Association (the "HOA") in accordance with the Master Development Agreement. The Homeowners' Association Covenants and Restrictions shall, among other matters, provide for the collection of annual dues for the HOA's maintenance obligation for the [fence and noise wall, collectively, the "Buffer"] within each phase of the Development, together with reasonable reserves. The Covenants and Restrictions shall provide that the City has the right to perform maintenance of the Buffer if the HOA fails to do so in compliance with applicable rules and regulations, and allow for the City to assess a lien or a Minn. Stat. Ch. 429 special assessment against the homesites for work which was to be paid for by the HOA dues. Homeowners' Association Covenants and Restrictions applicable to each phase will be submitted at the time of final plat approval of each phase, and the City shall have the right to review and to approve those portions of the Covenants and Restrictions for each phase within the Development that are required by the terms of this Agreement. Any amendments to the Homeowner's Association Covenants impairing the rights of the City shall be approved by the City Attorney. The Developer and Owner hereby waive, on their own behalves and on behalf of future owners, any procedural or substantive challenge to page 12 Watermark 5" Addition Development Agreement August 8, 2022 assessments under this section. All Covenants for the Project shall include language consistent with this section. 19. Hours of Construction Activity. All construction activity shall be limited to the hours as follows: Monday through Friday 7:00 a.m. to 7:00 p.m. Saturday 9:00 a.m. to 5:00 p.m. Sunday and Holidays No working hours allowed 20. Insurance. Developer or its general contractor shall take out and maintain until one year after the City accepted the Developer Improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's or general contractor's work, as the case may be, or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than Five Hundred Thousand and no/100 ($500,000.00) Dollars for one person and Two Million and no/100 ($2,000,000.00) Dollars for each occurrence; limits for property damage shall be not less than One Million and no/100 ($1,000,000.00) Dollars for each occurrence; or a combination single limit policy of Two Million and no/100 ($2,000,000.00) Dollars or more. The City, its employees, its agents and assigns shall be named as an additional insured on the policy, and the Developer or its general contractor shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. 21. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, including but not limited to attorney and engineering fees, provided the Developer is first given notice of the work in default, not less than 48 hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, levy the cost in whole or in part as a special assessment against the Subject Property. Developer waives its rights to notice of hearing and hearing on such assessments and its right to appeal such assessments pursuant to Minnesota Statutes, chapter 429. 22. General. a. Binding Effect page 13 Watermark 5" Addition Development Agreement August 8, 2022 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. U.S. Home, LLC 16305 36t" Avenue N, Suite 600 Plymouth, MN 55446 Joe.Jablonski@Lennar.com Community Development Director City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 mgrochala@linolakes.us 23. Land Use Controls - Planned Unit Development. Watermark is a Planned Unit Development (PUD) as approved by the City Council by Ordinance No. 04-16, Resolution No. 16-151, Resolution No. 19-137, Resolution No. 20- 30, Resolution No. 21-20, and Resolution No. 22-78. 24. Master Development Agreement. Watermark is governed by the terms of this Agreement, as well as the terms of the Master Development Agreement between the page 14 Watermark 5" Addition Development Agreement August 8, 2022 Developer and City. The two Agreements shall be construed together, and the requirements and obligations of the Agreements are cumulative. In the event of a direct conflict between the two Agreements, the Agreement imposing the greater obligation on Developer shall govern. page 15 Watermark 51" Addition Development Agreement August 8, 2022 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 12022, 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 12022, by Julianne Bartell as City Clerk of the City of Lino Lakes on behalf of said City. Notary Public page 16 Watermark 51" Addition Development Agreement August 8, 2022 THIS PAGE INTENTIONALLY LEFT BLANK page 17 Watermark 5" Addition Development Agreement August 8, 2022 Execution page of the Developer to the Development Agreement, dated as of the date and year first written above. DEVELOPER 0 Jon Aune Its Vice President STATE OF MINNESOTA ) ) SS COUNTY OF ) On this day of , 2022, before me, a Notary Public within and for said County, personally appeared Jon Aune, Vice President of U.S. Home, LLC. (Developer), who executed the foregoing instrument. Notary Public This instrument was drafted by: City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 page 18 Watermark 51" Addition Development Agreement August 8, 2022 CONSENT AND SUBORDINATION — NOT APPLICABLE • 11111 M. ME page 19 Watermark 5" Addition Development Agreement August 8, 2022 EXHIBIT A Final Plat page 20 WATERMARK 5TH ADDITION N89°37'52"E wn�uutx sxD 2250.49 n°Dinax IR E sssz sz7z,a E I< z-� �N I OUTLOT B E self __WET�o , - 00 "LAND Ca<. '�Ooa\y, mpn aO y�sw �\ () 3 w. .I no s r' „:s &f ., e.aoos u` 3a, I:s 3 ,N,,zweagq :�SzyF'' 34 4 1,sF a vo srE +s+��oPo\� WETLAND _ 5 5 ..U,..O a l y N89°37'52"E 6 OUTIAT E�"' 6 ozae•�sc >'as r<a•w a9o,sB .N�,��, y ��y _ _ 380.00 - 7 q„oi9z+9w s'E < • <`�_/�' ;/ v sTReeT 8—ssom,bw ,�..OUTTAT D'< 56 qa 1 6 a.. 9 / ; -»cyz `,It INSET A z ga 6E__ ��`-Sq— a / 10 '� ss o� v n SEE SHEET 2 11 , -. bg,'O" cseis b',� x OF 5 SHEETS J�rOU7ZOT C 1'"l ',� ep"o-° �s•459fi r spG�°qw-" �$a 4 12 siesr o J ' o°w ; . ec9s•-<. _ equ OUTLOT A 4 5 13 ��a `\-_�.• 3 6 14 '^ \ ,� Lo �(. $m $o o .a '•1gos�'w _,107.14 '40°08'29"F — 15 n H WET=ND �(/ + �o8m z ✓ __ I N-�+�'yw o�ew" 0o 1T ;�P8 sas. 67 1641 .§N CITY OF LINO LAKES COUNTY OF ANOKA SEC. 13, TWP. 31, RGE. 22 � m. M'a� aa6glz "- e..r i......o z Rxow ILL EERSOxs DY -FI1 ENESENTs. roar o.N. x.me u.". " Dd...r. .m m. wi ..ra. z ar. q om Nmxy ...NNx..r. IIIITII ... "aim. >mEE reN.ANN sx —TON�a a... Y-1, a 1..r. 1.a 1. >.eutlr . 11. ... m. wena�•mye .a „ III m.q ,. wn n . ream _ _ _ _— j i" .�m....n....r .aa us. "—I c......I.I.. o.1.......r...11- h.......a m.........r. r. 1 ..,. IN.1....... .nN.. O 1.1.O1D CNv-oore.ae.r OU7WT F COINTY .1 pm , r . n.., Die b, a.. w..mN,e .r us. x.me v n.a . Dei.._ _ gP x) (s5nm) 0 ' I " .< r NNun . .. . (aam.a) T ' � � ✓ � ,w,m.. > R°.,a, .,, ...M..eN,. r... �.�. „�.r ..m..9,,.,.M ••. ,• V—_,--as'oc•E �; `,%'ss°s8'2 168.17c1 sag2o's3" �. 10 18 N�)�ros as c y 19 20 21 22 23 30 24 25 26 28 29 W"a t i Fz �+� 27 ��`�' 1 NOLL, y INSET B 2 12 _ SEE SHEET 3 3 OU7WT D , 100.70 13 N41°21'53'w "'Ns 4 14 15 I 1 OF 5 SHEETS 4 16 171 i,, ;z J• I I 2 7 6 9 I4N 5 f qs a.^ r sgDc 3 4 5 6 O.L G-" 1 6' 2 Zss•W' I 269.rj 6 Na3°24'10W 2 7 39'- �' \ i INSET C SEE DETAIL 'I r,`e n°3 c ✓ ses7e so°w I %�3 Ay3m oo pw;3A,i%1 3 SEE SHEET 4 8 v N °'?,300,^ •°°' n N�Pi� °3n 3 - OF 5 SHEETS 9 m.o �O �r o s �•:, y'' 4 n.y g1 5 8... esz•sa° ,.3 y 10 7 4 Il 3 6 as $ -C-1 1S LANE � 6hN6o '4C`,T y3e c .as 3p �o ez„".oswzw . z it a — z '— <. R------DETAR — — — — —- F,; 22 21 20 I (NOT .o WILE) I 122.29/ 12 < 6 NOa°ss'n•w ? INSET D 19 I I 13 SEE SHEET 5 I 0.00 I .a N OF 5 SHEETS I N83°2a'39-W I ___ 14 t8 17 ....... r sz a E..r M19 � - ,er .r r."ne .fl' sroa 15 16 17 0o 1 `C h i °n'. sl. a ° ,. a m� a .ecaDsa,tl __- - <`NJBb9'3�,59W 1 O1 o I • D �%Yt".msee.r rn n ah -" I` .. I I N83°69.390 onorn ra.na end,a c. y .r o-.n u.n.menr E 1 w C� .50 D.,.r., III .r n. INMI x D.am.,r x.. N83° 24'32'W I I aD E ,..--,T. D.I.- w.D.na adlne.tea ..q ny Npn �xsMT E 11 " r 1 1x .RES 111x ll en., y .. 2— a erm 11.1 m°,,cry °..°°,wimp::°into: v..m;�.�;Eoi'uu� a°sme°r:"'s:.uv, sos.Da s.na. 2. CITY COUNCIL CITY or LINO —S. MINNES— a, O y F I—Y N Y I . ,.. 20 w I.L.21, na ,,, I'm x1.I I.. .....a . xx �,. y . I I J LC0 x AODITOR,TREwsDRM ream —____I P......r d,.....r. sr.r.r....D.. V2 oE,, asa zo� u... r. 9r.r.r .. a n.. nz,z. rn.r...... a.....r I... - rr...T e.r...a rm...d a.y . . . n.w .. ey o...ry c. .11E, sIt- .1umo..wnTENu . a�iN.q� �. I.-.. rni. r_rd SHEET 1 OF 5 SHEETS INSET A T, 1-3 1 2 2 ---- 2� SWI-F— - - - - 3 3 - -- - - - - - --- - - - F 4 34 L ---- 21�9- - - - -J 2. L — - - - - - im—od —I- — 7 - - - GO T L - - - - P 7 Q, 2 4! 7 CITY OF LINO COUNTY OF A= SEC. 13, TWP. 31, RGE. 22 WATERMARK STH ADDITION '1, 4 i? 4 -7 6 6j r DRAINAGE AND UTILITY S7 EASEMENTS ARE SHOYM THUS: -7 7 1 1 + - - L.- 7 L i-- -7 - - - - -- N 45 9 52 E-L .1.11�1_1/1, 1.1 i R-1 I 1�"I'ETET CARLSON MSCAIN E.--- SHEET 2 OF 5 SHEE CITY OF LINO LAKES INSET B COUNTY OF ANOKA WATERMARK 5TH ADDITION SEC. 13, TWP. 31, RGE. 22 ..0 '2 --7 t4 �E `E "2, 31 30 10 18 32 �'�j 31 23 30 5 26 ff I�g zu t I 28 I I 27 s�l 11 jl L_� -qj'L 7 W_j LA� ;�P _OR!�Ay �0 Lot LA �l 13 M. IV f 15 A' _T L 2 3 7 51 I� 4 j —1 1p N oa w DRAINAG AND UTILITY N EASEMENTS ARE SHOWN THUS: AV 1— 5 A'D'DI'.0,N'.�s, assumed 7 7 1. I—Ig .1 —h �D.-.3h,./-' 4, ""11V , I" � %.. CARLSON --d il, q.... ml' .'d I. d d MSCAIN Y., I.— 5/� R.- ®R '(S'�C�I�LE I FEET) � 1. FEET SHEET 3 OF 5 SHEET� CITY OF ONO LAKES INSET C COUNTY OF ANOKA WATERMARK 5TH ADDITION SEC. 13, TWP. 31, RGE� DRAINAGE AN UTIUTY EASEMENTS ARE SHOWN THUS: QCARLSON N, MSCAI ...-E.N. \ SU-1- \ SHEET 4 OF 5 SHEETS CITY OF LINO INSET D COUNTY OF WATERMARK STH ADDITION SEC. 13, TWP . 31, RGE. 22 DRAINAGE AND UTILITY CASEMENTS ARE SHOWN THUS: 0 i— ..1— 10 L T- 21 22 20 12 TER,, 'F'K n, < S CIRCLE 13 ----- ------ 14 18 < g; 5 I'S 16 "Zw N —1.1 D, 3' "" "�Z' lo 11.1 Nlltl v 7 ro.Ig 5/.8.n,.,by.,14,.n.ch,,,R,�.�,r.,�I g lo b, I A. ®CARLSON R, MSCAIN SHEET 5 OF 5 SHEET� Watermark 5th Addition Development Agreement August 8, 2022 page 21 EXHIBIT B Securities, Escrows & Fees 8/3/2022 EXHIBIT B Securities, Escrows & Fees PROJECT: WATERMARK 5TH ADDITION NUMBER OF REU's:97 APPLICANT: US HOME CORPORATION NO. OF LOT FRONTAGES 103 AREA (ACRES):27.8 IMPROVEMENTS COST DEVELOPER IMPROVEMENT COSTS (Private) SITE GRADING $11,975 EROSION CONTROL $1,500 LANDSCAPING $73,980 PARKING LOT $97,565 STORM SEWER CONST.$21,550 SANITARY SEWER CONST.$4,000 WATERMAIN CONST.$17,000 LIGHTING $1,500 Total $229,070 Letter of Credit Amount X 35%$80,175 DEVELOPER IMPROVEMENT COSTS (Public) SITE GRADING $0 EROSION CONTROL $19,000 LANDSCAPING $130,000 TRAIL $7,500 STREETS $1,454,255 STORM SEWER CONST.$534,955 SANITARY SEWER CONST.$725,000 WATERMAIN CONST.$578,600 ENGINEERING & SURVEYING $34,493 Total $3,483,803 Letter of Credit Amount X 150%$5,225,705 ESCROW for CITY'S COSTS PLANNING/ REVIEW $0 ADMINISTRATION $104,520 ENGINEER PLAN REVIEW $3,000 ENGINEER CONSTRUCTION SERVICES $92,822 PROJECT FINAL DOCUMENTS & CITY ENGINEER $5,500 STREET LIGHT INSTALLATION $24,000 STREET & STORMWATER MAINTENANCE $3,000 PROPERTY TAXES $0 TRAFFIC AND SIGNING IMPROVEMENTS $0 BOULEVARD TREE PLANTING $0 Total $232,842 DEVELOPMENT FEES PARK DEDICATION $306,520 PARK DEDICATION CREDIT ($46,940) Subtotal Park Dedication Fee $259,580 AUAR $7,484 GIS MAPPING FEE $8,730 STREET LIGHTING OPERATION $1,040 Total $276,834 TRUNK SANITARY SEWER TRUNK CHARGE PER (ACRE OR UNIT)$158,110 AVAILABILITY CHARGE PER SAC UNIT $147,925 TRUNK SANITARY SEWER CREDIT ($110,040) TRUNK WATERMAIN TRUNK CHARGE PER (ACRE OR UNIT)$227,077 AVAILABILITY CHARGE PER SAC UNIT $142,881 TRUNK WATERMAIN CREDIT ($49,490) TOTAL TRUNK SEWER & WATER FEES $516,463 SURFACE WATER MANAGEMENT $0 SURFACE WATER MANAGEMENT CREDIT $0 TOTAL SURFACE WATER MANAGEMENT FEES $0 Total $516,463 Letter of Credit Amount X 35% $180,762 SUMMARY OF SECURITIES, ESCROW & FEES SECURITY: DEVELOPER IMP'MENT COSTS $5,305,880 ESCROW FOR CITY COSTS $232,842 DEVELOPMENT FEES $276,834 SECURITY: TRUNK FEES $180,762 CITY OF LINO LAKES RESOLUTION NO. 22-80 RESOLUTION APPROVING WATERMARK 5TH ADDITION OPEN SPACE EASEMENT WHEREAS, on December 10, 2018 the City Council passed Resolution No. 18-144 approving the Watermark Master Development Agreement; and WHEREAS, Section 7.2 of the Master Development Agreement requires an Open Space Easement; and WHEREAS, this Open Space Easement covers the following outlots: • Outlots A, C, and E, Watermark 5th Addition; and NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby approves the Open Space Easement between US Home Corporation and the City of Lino Lakes and authorizes the Mayor and City Clerk to execute such agreement on behalf of the City. Adopted by the Council of the City of Lino Lakes this 8th day of August, 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 OPEN SPACE EASEMENT AGREEMENT THIS OPEN SPACE EASEMENT AGREEMENT (“Agreement”) is made this day of , 2022, by and between U.S. Home Corporation, a Delaware corporation (“Grantor”) and the City of Lino Lakes, a municipal corporation under the laws of Minnesota (“Grantee”). Recitals A.Grantor is the fee owner of the following described property in Anoka County, Minnesota (the "Property") as shown on attached Exhibit A: Outlots A, C, and E, WATERMARK 5 th ADDITION, according to the recorded plats thereof. B.Pursuant to Section 7.2 of that certain Master Development Agreement (the “Development Contract”) by and between Grantor and Grantee, dated on or about the date hereof, Grantor is required to grant to Grantee an open space easement over portions of the Property. C.Grantor desires to fulfill its obligations under the Development Contract with respect to the obligations set forth in Section 7.2 thereof, and therefore, for good and valuable consideration, Grantee and Grantor hereby agree on the terms and conditions set forth herein. Terms of Agreement 1. Grant of Open Space Easement. For good and valuable consideration, receipt of which is acknowledged by Grantor, the Grantor grants and conveys to the Grantee an open space easement (the “Easement”) over the Property owned by Grantor described as follows (“Easement Area”): A permanent easement for open space, access and management in accordance with the Parks and Open Space Plan set forth in Exhibit D of the Development Contract, and the Restoration and Management Plan set forth in Exhibit F of the Development Contract. 2. Scope of Easement; Confinement; Exceptions. 2.1 The easement includes the right of the Grantee, its contractors, agents, and employees to enter upon said Easement Area at all reasonable times for all purposes as set forth in the Development Contract, including but not limited to the right of Grantee to utilize the Easement Area in a manner consistent with Exhibit D of the Development Contract. 2. 2.2 Notwithstanding anything to the contrary in this Agreement, the Easement granted herein (i) shall not encumber any portion of the Property that is intended to and ultimately does contain improvements, such as roads, trails, parks, sidewalks or other improvements, as authorized or contemplated by the Development Contract or any Development Agreement for separate phases of the Property, and (ii) shall not prohibit Grantor from grading or performing construction or development work or staging activities on portions of the Property authorized for such work pursuant to the Development Contract or any Development Agreement for separate phases of the Property. 3. Environmental Matters. Grantee undertakes no responsibility hereunder for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorney's fees, or losses resulting from any claims, actions, suits or proceedings based upon a release of any hazardous substances, pollutants, or contaminants on or under the Easement Area occurring prior to the date of this instrument. 4. Binding Effect. The terms and conditions of this instrument shall run with the land and be binding on the Grantor, and their respective successors and assigns. (The remainder of this page left blank intentionally.) 3 SIGNATURES GRANTOR U.S. HOME CORPORATION By: Jon Aune Vice President STATE OF MINNESOTA ) ) SS COUNTY OF ) On this day of , 2022, before me, a Notary Public within and for said County, personally appeared Jon Aune, the Vice President of U.S. Home Corporation, a Delaware corporation, who executed the foregoing instrument on behalf of the corporation. Notary Public 4 GRANTEE CITY OF LINO LAKES By: Mayor Rob Rafferty Attest: Julie Bartell, 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 THIS INSTRUMENT DRAFTED BY: City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 EXHIBIT A OPEN SPACE EASEMENT OUTLOTS A, C AND E EXHIBIT A ,-----DETAIL -----7 (NOTTO SCALE) VVATERMARK 5TH ADDITION CITY OF LINO LAKES COUNTY OF ANOKA SEC. 13, TWP. 31, RGE. 22 Forth•purp<>MSoflhl1plat.lh•Northl.,•ol OuUol D,WATERMARK2NO AD DITIOHlla....-...d �In��= tl�J�'�th � dqffS J7 • Denotes Found Anoka CaJntyCost lr<wl Nanumenl OenotesRighlofAcceNp«DowmentNo.�52 t .,,.) t.i'l,.,.,._1, 1ot.ro.:. J.5•w -� �"',;, NorlhO,.,arter comer olSectian __ , 1J, Townot,lp J1, Ran�22 ', (C<ist Iron Monument) \ I OUTWT F () ,,,, is r: cs � CJ I<( ,3: �':: :, ��to·w 1i 43'43•w �•� J'18"E _::( 82 ::: 1"57'31"E -------=-------7 1.,1' .. � ,, t' �� .. , '0 " ::: L-------:-------J I I I I I I I I I I I I KNOW ALL PCRSON S BY THES[ PRES£NTS: Thot U.S. Home Corporation, a Dela..,.-e corpa,atlan, a,m., of the fCNlowlng described property. Outlo\ D, WATERMARK 2ND ADDITION. and OUtlot E, WATERMARK 4TH ADDIT10N, according to the recorded plots ther,x,f. Anol«l County. UlnnHola Hos cw•ed the same ta be ourw,)"d and platted a• WATERMARK !ITH ADDIT10N and doe• h...-eby dedlcote to the public for public uae the public -..a)'I and the draina9e and utnity easements a• •hown an thl• plot. In ..-ltnns whereof said U.S. Home Corporation, a Delaware corporation, has caused these present• to be signed by lt1 proper offker this __ 0o, o•------�- COUNTYOF __ _ �t:,\��:,t ::.Saiftf°�!dJ:!�\�. me on _______ by Jan Aune, Dlvlslon Vice President of U.S. Home Corporation, a Delaware _________ (Printed) NotoryPublio, ______ _ Uy commission e,plreo ____ _ I Thomas R, Balluff do hereby e.,rtify that this plat-«<>• pr-ed by me or under my direct oupervisian; !hot I om a duly Licen..,0 L.ond Surv,:,)'OI' in the Stole of Minn,..ola: thot thio plat is a corr"°t repr.....,.,lation of the boundary surv,:,y; \hot all mathematical data and lcbelo ore correctly design<Jted an th;, plot; the! all monuments depicted on thi• plat hove been, or ..-ill be correctly set •ithin one )"'Or; that ell W<iter bamdcrieo and wet lands. as defined in Minneoota Statutes. Section 50�.01. Subd, J. as of the date of this certi�cate are sho•n and labeled on this plat; end all public wa)'I ore shown ond lobeled an this plot Dated this _doyof ____ "- STATEOF __ _ COUNTYOF __ _ This insln.iment woo acknowledged b.fore m• on _______ by Thomoo R. Balluf/. _________ (Signed) _________ (Printed) Nota,yPublio. ______ _ Mycommlnlon expires ____ _ This plat of WATERMARK STH ADOITlON wos approved ond accepted by \he Clty Council of the City of Lino Loktt. Mlnneooto at o regular meetlng thereof held •• __ doy of ______ 20� and said plot is In compliance io-i\h the provision• of Mlnnei,oto Stotuttt. Section 505 .0.3, Subd. 2 l herebycer\lfythat ln occordance wlth MlnnesataStatutes.See\ion 50S.021,Subd.11.thls plo\hos been re,;ewed and approved th!s __ doyof ------"- "•---------David M. Zleglmeler Anoka CountySurv,:,)'OI' COUNTYAU'.lfTOR/TREASURCR Pur.uant to Mlnneso\aStotuteo,St<:tlon 505 .021,Subd.9.ta,n po)'Obfe ln the)9ar 20_on \he land herelnbefore deacrlbed have been pold Also, �o�\ to l,llnneooto Sta\uteo, Section 272.12 , \here ore no delinquent ta•n and \ranofer entered this __ day of _____ _ Property To, Adminlstrctor _________ Deputy COUNTY RECORDER/REGISTRAR OF TITLES Countyof Anol<a.Sta\e of Mlnnno\a I h...-ebycertlfy that this plot of WATERUARK SiH ADDIT10N '""" flied In the offfce of the CountyRecorder/Re<;lstra-of Titles for public record an this __ dayaf ______ 20� at _o'clock�"'-and was dufyrec«-deo as Document Number _____ _ CountyRecarder/Registror of T1\leo _________ Deputy QCARLSON �M�CAIN ENOlNEEIUNG \ SURVEYING \ENVIRONMENTAL. SHEET 1 OF 5 SHEETS CITY COUNCIL AGENDA ITEM 6E STAFF ORIGINATOR: Diane Hankee, PE City Engineer C. C. MEETING DATE: August 8, 2022 TOPIC: Consider Resolution 22-71, Order Project, Approve the Plans and Specifications and Authorize the Ad for Bid, 2022 I35E Pipe Crossing Project VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting Council approval to authorize the ad for bid for the 2022 I35E Pipe Crossing Project. BACKGROUND On December 13, 2021, the City Council approved the preparation of the plans and specifications for the 2022 I35E Pipe Crossing Project. Since then staff have obtained an easement on the east of the I35E to bulkhead the pipe and a temporary access. Permitting for the project is also in place. The 2022 I35E Pipe Crossing Project is the second phase of the NE Drainage Improvements as outlined in the Comprehensive Stormwater Management Plan. The first phase was the construction of the Peltier Lake outlet. This second phase of the project includes constructing a stormwater conveyance system under I35E to the east side of the freeway, north of Main Street. The pipe system will tie into the Watermark Development systems. The estimated total project cost is $750,000.00. The project is funded through the City’s Surface Water Management Fund. The estimated schedule for the project: Authorize Preparation of Plans and Specifications December 13, 2021 Order Improvement, Approve Plans and Specs, Authorize Ad for Bids August 8, 2022 City Opens Bids September 1, 2022 City Council Awards Contract September 12, 2022 Construction Begins Fall 2022/ Spring 2023 Final Completion Fall 2023 RECOMMENDATION Staff is recommending approval of Resolution No. 22-71, Order Project, Approve the Plans and Specifications and Authorize the Ad for Bid for the 2022 I35E Pipe Crossing Project. ATTACHMENTS 1. Resolution No. 22-71 2. Construction Plans CITY OF LINO LAKES RESOLUTION NO. 22-71 RESOLUTION ORDER PROJECT, APPROVE PLANS AND SPECIFICATIONS, AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR 2022 I35E PIPE CROSSING PROJECT WHEREAS, the City Engineer has prepared plans and specifications for the 2022 I35E Pipe Crossing 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 September 12th, 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 8th day of August 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 ELMCREST AVE N 77TH ST EPELTIE R L A K E D R REHBEIN ST21ST AVE S GORDON AVE N NORTHERN LIGHTS BLVDVICTOR PATH MAIN STHWY I-35EPELTIER LAKECENTERVILLE LAKESCALE IN FEET08001600K:\019485-000\Cad\Plan\019485-000 C-TS.dwg 8/3/2022 10:15:45 AM N2022 I35E PIPE CROSSING PROJECTCITY OF LINO LAKESSTORM SEWER IMPROVEMENTSCONSTRUCTION PLAN FORPROJECT LOCATION MAPF/OUGTGEXISTING PLAN SYMBOLSPROPERTY LINES/RIGHT-OF-WAYUTILITY EASEMENTTREE LINESIGNDECIDUOUS TREESHRUBCONIFEROUS TREEEXISTING UTILITY SYMBOLSFIBER OPTIC CABLEUNDERGROUND TELEPHONEGAS LINECATV VAULTPOWER POLEELECTRIC BOXCATCH BASINSTORM APRONCNDCTVOHUNDERGROUND CABLECABLE TVOVERHEAD COMMUNICATIONS LINEUGEOHEUNDERGROUND POWEROVERHEAD POWERUGEUNDERGROUND ELECTRICOHTOVERHEAD TELEPHONEWATER MAINSANITARY SEWERSTORM SEWERGATE VALVEHYDRANTSANITARY SEWER MANHOLESTORM SEWER MANHOLESTsCOUNTY:ANOKAPROJECT LOCATIONTHE SUBSURFACE UTILITY INFORMATION IN THIS PLAN IS UTILITY QUALITY LEVEL D. THIS UTILITY QUALITY LEVEL WAS DETERMINED ACCORDING TO THEGUIDELINES OF CI/ASCE 38-02, ENTITLED "STANDARD GUIDELINES FOR THE COLLECTION AND DEPICTION OF EXISTING SUBSURFACE UTILITY DATA."GOPHER ONE CALL TICKET NUMBER: 220660249APPROVED BYSHEET NO.DATEPLAN REVISIONSALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND ORDINANCESWILL BE COMPLIED WITH IN THE CONSTRUCTION OF THIS PROJECT.LICENSE NUMBER:DATE:12/13/202144235SHEETOFWSB PROJ. NO. 019485-000PROJECT LOCATIONTHIS PLAN SET HAS BEEN PREPARED FOR:CITY OF LINO LAKES6000 TOWN CENTER PARKWAYLINO LAKES, MN 55014(651) 982-2400A CALL TO GOPHER STATE ONE (651-454-0002)IS REQUIRED A MINIMUM OF 48 HOURS PRIORTO PERFORMING ANY EXCAVATION.EXCAVATION NOTICE SYSTEMPLAN SET INDEXGOVERNING SPECIFICATIONSUTILITY INFORMATIONTHE 2020 EDITION OF THE MINNESOTA DEPARTMENT OF TRANSPORTATION"STANDARD SPECIFICATIONS FOR CONSTRUCTION" SHALL GOVERN.THIS WORK SHALL BE DONE IN ACCORDANCE WITH THE JANUARY 2022 REVEDITION OF THE CITY OF LINO LAKES "GENERAL SPECIFICATIONS ANDDETAIL PLATES FOR STREET AND UTILITY CONSTRUCTION".ALL TRAFFIC CONTROL DEVICES SHALL CONFORM TO THE LATEST EDITIONOF THE MINNESOTA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES,INCLUDING THE LATEST FIELD MANUAL FOR TEMPORARY TRAFFICCONTROL ZONE LAYOUTS.51THIS PLAN SET CONTAINS 5 SHEETSI HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDERMY DIRECT SUPERVISION, AND THAT I AM A DULY LICENSED PROFESSIONALENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.EARTH EVANS, PE CITY COUNCIL AGENDA ITEM 6F STAFF ORIGINATOR: Diane Hankee, City Engineer MEETING DATE: August 8, 2022 TOPIC: Consider Resolution No. 22-75, Approving Payment No. 9 and Final, NE Drainage Area Improvement Project VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting council action to finalize the NE Drainage Area Improvement Project construction contract with Jacon LLC. BACKGROUND On November 9, 2020, the City awarded the NE Drainage Area Improvement Project to Jacon LLC in the amount of $1,010,009.00. The project included a new storm water conveyance system from the east side of 20th Avenue to the Peltier Lake. The project provides a surface water outlet for the entire 1,300 acre Northeast Drainage Area in conformance with the Comprehensive Surface Water Management Plan. On September 27, 2021, the City approved Change Order No. 1 in the amount of $17,332.62 for the NE Drainage Area Improvement Project. Change Order No. 1 covered additional earthwork, subgrade excavation, street restoration, and traffic control. The Northeast Drainage Area Improvement Project contract with Jacon, LLC with Change Order No. 1 increased to $1,027,341.62. The project was successfully completed with the final contract amount of $1,027,341.65 of which $25,683.54 remains to be paid to the contractor. This project is funded through the Surface Water Management Fund. RECOMMENDATION Approve Resolution No. 22-75, Approving Payment No. 9 and Final, NE Drainage Area Improvement Project in the amount of $25,683.54 to Jacon LLC. ATTACHMENTS 1. Resolution 22-75 2. Pay Request No. 9 & Final CITY OF LINO LAKES RESOLUTION NO. 22-75 APPROVING PAYMENT NO. 9 AND FINAL FOR THE NE DRAINAGE AREA IMPROVEMENT PROJECT WHEREAS, pursuant to resolution 20-133 of the Council adopted November 9, 2020, awarding the contract for the NE Drainage Area Improvement Project to Jacon LLC in the amount of $1,010,009.00; WHEREAS, on September 27, 2021 the City Council passed resolution 21-91, approving Change Order No. 1 in the amount of $17,332.62; WHEREAS, a complete summary of costs are detailed in Payment No. 9 (Final); NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes that Payment Request No. 9 (Final) is approved for a final contract amount of $1,027,341.65. Adopted by the Council of the City of Lino Lakes this 8th day of August, 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