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HomeMy WebLinkAbout10-10-2022 City Council Packet EXPANDED AGENDA CITY COUNCIL AGENDA Monday, October 10, 2022 *********** 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Rafferty, Councilmembers Cavegn, Lyden, Ruhland and Stoesz City Administrator: Sarah Cotton COUNCIL WORK SESSION, 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 – Stoesz, Cavegn, Lyden, Ruhland, Rafferty were present;  Pledge of Allegiance  Open Mike / Public Comment (in person or received in writing prior to meeting) There were no public comments  Setting the Agenda: Addition or Deletion of Agenda Items The agenda was approved as presented SPECIAL PRESENTATION Promotion to Police Sergeant: Matt Carlson and Dan Thill Promotion to Fire Lieutenant: Brian Gustafson and Paul Kartman Lino Lakes Ambassadors – Introduction of 2021-2022 Ambassadors State of the District Presentation, Jeff Holmberg, Superintendent - Centennial School District 1. CONSENT AGENDA A) Consider Approval of Expenditures for October 10, 2022 (Check No. 117274 through 117365) in the Amount of $740,401.77 B) Consider Approval of September 26, 2022 Work Session Minutes C) Consider Approval of September 26, 2022 Council Meeting Minutes D) Consider Approval of LG220 Exempt Gambling Permit for St. Joseph’s of the Lakes Annual Scholarship Raffle Action Taken: Motion by Ruhland, seconded by Cavegn, to approve Consent Agenda Items 1A through 1D, as presented, was adopted 2. FINANCE DEPARTMENT REPORT No Report Council Agenda -2- 3. ADMINISTRATION DEPARTMENT REPORT No Report 4. PUBLIC SAFETY DEPARTMENT REPORT A) Consider 1st Reading of Ordinance No. 03-22, Enacting Ordinance Chapter 619 Regulating Edible Cannabinoid Products, John Swenson Action Taken: Motion by Lyden, seconded by Ruhland, to approve the 1st Reading of Ordinance No. 03-22 as presented, was adopted 5. PUBLIC SERVICES DEPARTMENT REPORT No Report 6. COMMUNITY DEVELOPMENT REPORT A) Consider Resolution No. 22-125, Approving Record of Decision, Robinson Farms, EAW, Michael Grochala Action Taken: Motion by Stoesz, seconded by Ruhland, to approve Resolution No. 22-125 as presented, was adopted B) Public Hearing, Consider Resolution No. 22-126, Approving Tax Increment Financing Plan for District 1-14, Michael Grochala Action Taken: Motion by Lyden, seconded by Cavegn, to approve Resolution No. 22-126 as presented, was adopted C) 601 Apollo Drive Retail, Katie Larsen i) Consider 1st Reading of Ordinance No. 04-22, Marketplace PDO Amendment #3 to Ordinance No. 03-05 Action Taken: Motion by Ruhland, seconded by Cavegn, to approve the 1st Reading of Ordinance No. 03-05 as presented, was adopted ii) Consider Resolution No. 22-115 Approving Marketplace PDO Amendment #3 for Site & Building Plans Action Taken: Motion by Ruhland, seconded by Cavegn, to approve Resolution No. 22-115 as presented, was adopted iii) Consider Resolution No. 22-116 Approving Site Improvement Performance Agreement Action Taken: Motion by Ruhland, seconded by Cavegn, to approve Resolution No. 22-116 as presented, was adopted D) Consider Resolution No. 22-122, Approving 2023 Anoka County Residential Recycling Program Agreement, Andy Nelson Action Taken: Motion by Cavegn, seconded by Ruhland, to approve Resolution No. 22-122 as presented, was adopted E) Consider Resolution No. 22-123, Approving Anoka County Agreement for Organics Enclosure, Andy Nelson Council Agenda -3- Action Taken: Motion by Cavegn, seconded by Ruhland, to approve Resolution No. 22-123 as presented, was adopted F) Public Hearing, Consider Resolution No. 22-127, Approving Amended and Restated Street Reconstruction Plan, Michael Grochala Action Taken: Motion by Lyden, seconded by Ruhland, to approve Resolution No. 22-127 as presented, was adopted G) 2022 I35E Pipe Crossing Project, Diane Hankee i) Consider Resolution No. 22-120, Accepting bids, Awarding a Construction Contract Action Taken: Motion by Ruhland, seconded by Cavegn, to approve Resolution No. 22-120 as presented, was adopted ii) Consider Resolution No. 22-121, Approving Construction Services Contract with WSB & Associates Action Taken: Motion by Stoesz, seconded by Cavegn, to approve Resolution No. 22-121 as presented, was adopted H) Consider Approval of Resolution No. 22-117, Adopting Assessments, 2022 Individual Properties, Diane Hankee Action Taken: Motion by Ruhland, seconded by Stoesz, to approve Resolution No. 22-117 as presented, was adopted I) Consider Approval of Resolution No. 22-118, Adopting Assessments, Butler Addition, Diane Hankee Action Taken: Motion by Lyden, seconded by Cavegn, to approve Resolution No. 22-118 as presented, was adopted J) Consider Approval of Resolution No. 22-119, Adopting Assessments, Watermark 5th Addition, Diane Hankee Action Taken: Motion by Cavegn, seconded by Ruhland, to approve Resolution No. 22-119 as presented, was adopted 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Motion by Stoesz, seconded by Cavegn, to adjourn at 8:22 p.m. was adopted Economic Development Authority Meeting to follow the Regular City Council Meeting (See separate agenda) Community Calendar – A Look Ahead October 10, 2022 through October 24, 2022 Council Agenda -4- Wednesday, October 12 6:30 pm, Council Chambers Planning & Zoning Board Wednesday, October 19 6:00 pm, Community Room Joint Council/P&Z Meeting Monday, October 24 6:00 pm, Community Room Council Work Session Monday, October 24 6:30 pm, Council Chambers City Council Meeting CITY COUNCIL AGENDA Monday, October 10, 2022 *********** 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Rafferty, Councilmembers Cavegn, Lyden, Ruhland and Stoesz City Administrator: Sarah Cotton COUNCIL WORK SESSION, 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 Promotion to Police Sergeant: Matt Carlson and Dan Thill Promotion to Fire Lieutenant: Brian Gustafson and Paul Kartman Lino Lakes Ambassadors – Introduction of 2022-2023 Ambassadors State of the District Presentation, Jeff Holmberg, Superintendent - Centennial School District 1. CONSENT AGENDA A) Consider Approval of Expenditures for October 10, 2022 (Check No. 117274 through 117365) in the Amount of $740,401.77 B) Consider Approval of September 26, 2022 Work Session Minutes C) Consider Approval of September 26, 2022 Council Meeting Minutes D) Consider Approval of LG220 Exempt Gambling Permit for St. Joseph’s of the Lakes Annual Scholarship Raffle 2. FINANCE DEPARTMENT REPORT No Report 3. ADMINISTRATION DEPARTMENT REPORT No Report 4. PUBLIC SAFETY DEPARTMENT REPORT A) Consider 1st Reading of Ordinance No. 03-22, Enacting Ordinance Chapter 619 Regulating Edible Cannabinoid Products, John Swenson Council Agenda -2- 5. PUBLIC SERVICES DEPARTMENT REPORT No Report 6. COMMUNITY DEVELOPMENT REPORT A) Consider Resolution No.22-125, Approving Record of Decision, Robinson Farms, EAW, Michael Grochala B) Public Hearing, Consider Resolution No. 22-126, Approving Tax Increment Financing Plan for District 1-14, Michael Grochala C) 601 Apollo Drive Retail, Katie Larsen i) Consider 1st Reading of Ordinance No. 04-22, Marketplace PDO Amendment #3 to Ordinance No. 03-05 ii) Consider Resolution No. 22-115 Approving Marketplace PDO Amendment #3 for Site & Building Plans iii) Consider Resolution No. 22-116 Approving Site Improvement Performance Agreement D) Consider Resolution No. 22-122, Approving 2023 Anoka County Residential Recycling Program Agreement, Andy Nelson E) Consider Resolution No. 22-123, Approving Anoka County Agreement for Organics Enclosure, Andy Nelson F) Public Hearing, Consider Resolution No. 22-127, Approving Amended and Restated Street Reconstruction Plan, Michael Grochala G) 2022 I35E Pipe Crossing Project, Diane Hankee i) Consider Resolution No. 22-120, Accepting bids, Awarding a Construction Contract ii) Consider Resolution No. 22-121, Approving Construction Services Contract with WSB & Associates H) Consider Approval of Resolution No. 22-117, Adopting Assessments, 2022 Individual Properties, Diane Hankee I) Consider Approval of Resolution No. 22-118, Adopting Assessments, Butler Addition, Diane Hankee J) Consider Approval of Resolution No. 22-119, Adopting Assessments, Watermark 5th Addition, Diane Hankee 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Council Agenda -3- Adjournment Economic Development Authority Meeting to follow the Regular City Council Meeting (See separate agenda) Community Calendar – A Look Ahead October 10, 2022 through October 24, 2022 Wednesday, October 12 6:30 pm, Council Chambers Planning & Zoning Board Wednesday, October 19 6:00 pm, Community Room Joint Council/P&Z Meeting Monday, October 24 6:00 pm, Community Room Council Work Session Monday, October 24 6:30 pm, Council Chambers City Council Meeting Centennial ISD 12 Honoring our Past, Creating our Future… City Council Meeting School District Update Fall, 2022 Happy New (School) Year! 2 Honoring Our Past, Creating our Future… 3 Centennial’s Mission:By providing high quality educational opportunities, emotional support, and social development, Centennial School District prepares learners for excellence in their future. Strategic Directions: ●Improving student achievement and success ●Strengthen staff and student experiences ●Supporting staff in professional practice ●Increasing family engagement ●Efficiency and effectiveness in district operations Connecting. Achieving. Preparing. 4 Core Values: Drivers of Our Words and Actions ●Connecting:Engaging students in meaningful ways with their school community. ●Achieving:Student success through academic excellence in learning and teaching while supporting students in their growth and achievement. ●Preparing:Provide opportunities for academic excellence to prepare students for their future. Creating our Future Together: Vision 5 Vision: What We Intend to Create Centennial School District is a welcoming environment where all students, staff, and families belong and will: ●Provide innovative, personalized, rigorous, and relevant educational opportunities for each students. ●Build and strengthen relationships and partnerships with the community to offer educational programs and opportunities for all. Focus Groups, Meetings, Surveys Creating our Future Together: Desired Daily Experiences 8 Desired Daily Experiences: Student ●I enjoy flexible learning and activity choices that meet my academic, emotional, and social needs. ●I have access to technology to support my educational needs. ●I am comfortable during passing time, lunch, and other times throughout the day. ●I enter a welcoming environment where I feel safe, accepted, and belong at school. ●My race and preferences are respected, acknowledged, and accepted. ●I have positive interactions and relationships with students and staff. Creating our Future Together: Desired Daily Experiences 9 Desired Daily Experiences: Families ●I receive consistent communication from my student's teacher, school, and district to support my student's education. ●My student has the appropriate materials, resources, and technology. ●My student's school is welcoming, safe, and inclusive. ●I have opportunities to be involved in my student's school community. ●Staff provide attention and support to meet my student's needs. ●My student's school provides a relevant and rigorous educational experience. Creating our Future Together: Desired Daily Experiences 10 Desired Daily Experiences: Staff ●I receive cohesive and timely communication. ●I have a voice and my input matters. ●I receive the support necessary to be successful. ●I am a trusted, respected, and valued professional. ●I have the resources that allow me to meet all my students' needs. ●I am connected and feel like I belong to the Centennial community. ●I have a manageable workload and appropriate class sizes. ●My mental health needs are recognized and addressed. Creating our Future Together 11 Honoring Our Past, Creating our Future… #CentennialProud 12 Discussion/Questions + Expenditures October 10, 2022 Check #117274 to #117365 $740,401.77 Electronic Funds Transfer MN Statute 471.38 Subd. 3 Council Meeting October 10, 2022 Transfer In/(Out) 9/21/2022 Transfer from FRB Money Market 1,500,000.00 9/30/2022 Payroll #20 (185,959.64) 9/30/2022 Payroll #20 Federal Deposit (51,812.45) 9/30/2022 Payroll #20 PERA (53,171.26) 9/30/2022 Payroll #20 State (11,571.58) 9/30/2022 Payroll #20 Child Support (856.06) 9/30/2022 Payroll #20 H.S.A. Bank Pretax (3,694.88) 9/30/2022 Payroll #20 TASC Pretax (1,248.22) 9/30/2022 Payroll #20 ICMA 457 Def. Comp #301596 (2,945.00) 9/30/2022 Payroll #20 ICMA Roth IRA #706155 (905.75) 9/30/2022 Payroll #20 MSRS HCSP #98946-01 (2,139.23) 9/30/2022 Payroll #20 MSRS Def. Comp #98945-01 (4,157.00) 9/30/2022 Payroll #20 MSRS Roth IRA #98945-01 (834.00) 9/1/2022 HSA Bank ER Contribution (6,249.84) 10/7/2022 Council #10 Payroll (3,486.69) 10/7/2022 Council #10 Federal Deposit (202.30) 10/7/2022 Council #10 PERA (387.16) 10/7/2022 Council #10 State (45.08) CITY COUNCIL WORK SESSION DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 DATE : September 26, 2022 4 TIME STARTED : 6:00 p.m. 5 TIME ENDED : 6:25 p.m. 6 MEMBERS PRESENT : Councilmember Stoesz, Lyden, Ruhland, 7 Cavegn and Mayor Rafferty 8 MEMBERS ABSENT : 9 Staff members present: City Administrator Sarah Cotton; Finance Director Hannah 10 Lynch; City Planner Katie Larsen; Human Resources and Communications Manager Meg 11 Sawyer; Director of Public Safety John Swenson; Public Safety Captain William Owens; 12 City Engineer Diane Hankee; City Clerk Julie Bartell 13 1. Review Regular Agenda 14 Item 2A, 2B and 2C – Budget Resolutions – Finance Director Lynch reviewed 15 resolutions: a) adopting the preliminary budget (can be reduced but not increased prior to 16 final adoption in December); b) Setting the public hearing for adoption of the final 17 budget; c) canceling a debt levy that is not needed. 18 19 A budget book was given to the Council Members with a note that it will be needed for 20 next week’s work session but not the preliminary budget adoption. 21 22 Item 4A – Public Safety TZD Grant – Captain Owens noted the purpose of the grant 23 and the work required of the public safety department and the finance staff. Mayor 24 Rafferty remarked that administration of the grant is a duty that is passed through 25 benefiting cities on a three-year cycle. 26 27 Item 4B – Bicycle Donation – Public Safety Director Swenson explained the process 28 followed by the department prior to this recommendation to dispose of unneeded 29 bicycles. Donation to Bikes for Kids is recommended. 30 Item 6A – Kwik Trip – City Planner Larsen noted the council’s previous discussion and 31 postponement of this item. She will be giving a quick overview of the project. 32 33 Councilmember Lyden remarked that there are a number of things he’d like to discuss 34 with the council on this project. Mayor Rafferty replied that the council work session is 35 the most appropriate venue for a longer discussion. 36 37 Councilmember Lyden offered remarks regarding: 38 - Council Code of Conduct – council should look through a lens of what’s best for 39 the people of the City ; 40 - Community Need – this has not been identified; 41 - Need for Gas Station - many already in Lino Lakes; 42 CITY COUNCIL WORK SESSION DRAFT 2 - Pro-Business Responsibility – defined as supporting current businesses in Lino 43 Lakes; many gas stations are locally owned; 44 - Doesn’t feel like the right thing to do – good plan but bad idea; 45 - Gas Station as Polluters – vapors, benzene, spilling cause environmental damage; 46 - Pollution would be close to Rice Lake; 47 - Parcel is prime – showed picture of sunrise over Rice Lake shown. 48 49 Mayor Rafferty noted zoning of the property, the job of the Planning and Zoning Board. 50 51 Councilmember Ruhland noted that the City owns property across from this proposed 52 station site; what are the plans for that? Staff indicated that it isn’t developable. 53 Councilmember Ruhland asked about gas station pollution and mitigation and City 54 Engineer Hankee noted that the PCA has very strict guidelines on gas storage and this 55 development is new and would be subject to the highest level of regulation. 56 57 Councilmember Cavegn asked if there is a benefit to adding this facility to the City. 58 59 Mayor Rafferty remarked that the last gas station opened in the City was Bill’s Superette 60 and there’s a gas station across the street that has remained open and viable. 61 62 City Planner Larsen reviewed the process that brings this proposal forward and noted the 63 rights of property owners in the City to develop according to the guidance of the 64 Comprehensive Plan; it’s difficult to get to the end game and question the proposed use 65 when all the regulations have been met. 66 67 Councilmember Lyden noted the recent moratorium on storage facilities as an example of 68 needing to stop and take a look. 69 70 East Shadow Lake Road – Mayor Rafferty asked the City engineer for an update. 71 Engineer Hankee reviewed and will provide more information at the next work session. 72 2. Adjourn 73 74 The meeting was adjourned at 6:25 p.m. 75 76 These minutes were considered, corrected and approved at the regular Council meeting held on 77 October 10, 2022. 78 79 80 81 82 Julianne Bartell, City Clerk Rob Rafferty, Mayor 83 84 COUNCIL MINUTES DRAFT 1 1 LINO LAKES CITY COUNCIL 2 REGULAR MEETING 3 MINUTES 4 5 DATE : September 26, 2022 6 TIME STARTED : 6:30 p.m. 7 TIME ENDED : 7:00 p.m. 8 MEMBERS PRESENT : Councilmember Stoesz, Lyden, 9 Ruhland, Cavegn and Mayor Rafferty 10 MEMBERS ABSENT : 11 Staff members present: City Administrator Sarah Cotton; Finance Director Hannah Lynch; Human 12 Resources and Communications Coordinator Meg Sawyer; Public Safety Captain William Owens; 13 City Planner Katie Larsen; City Engineer Diane Hankee; Director of Public Safety John Swenson; 14 City Clerk Julie Bartell 15 16 PUBLIC COMMENT 17 There were no public comments. 18 SETTING THE AGENDA 19 The agenda was approved as presented. 20 CONSENT AGENDA 21 Councilmember Lyden moved to approve the Consent Agenda, Items 1A through 1E as presented. 22 Councilmember Ruhland seconded the motion. Motion carried on a voice vote. 23 24 ITEM ACTION 25 Consideration of Expenditures: 26 A) Consider Approval of Expenditures for September 26, 2022 27 (Check No. 117202 through 117273) in the Amount of 28 $1,332,070.15 Approved 29 B) Consider Approval of September 6, 2022 Council 30 Work Session Minutes Approved 31 C) Consider Approval of September 12, 2022 Council 32 Minutes Approved 33 D) Consider Approval of September 12, 2022 Council 34 Work Session Minutes Approved 35 E) Consider Approval of September 6, 2022 Closed Council 36 Minutes Approved 37 F) Consider Approval of Appointment of Rookery Part-Time Staff Approved 38 G) Consider Approval of Acceptance of 2022 BWC Audit Report Approved 39 COUNCIL MINUTES DRAFT 2 H) Consider Approval of Resolution No. 22-114, Appointing Election 40 Judges for the November 8, 2022 General Election Approved 41 FINANCE DEPARTMENT REPORT 42 2A) Consider Resolution No. 22-110, Adopting the Preliminary 2022 Tax Levy, Collectible in 43 2023 – Finance Director Lynch noted the resolution that includes the preliminary levy amount. She 44 noted an increase in the levy relating mainly to no use of fund reserves, the increased cost of supplies, 45 parks and trails maintenance, street maintenance increases, etc.). 46 Staff is requesting aodption of the preliminary levy which can be decreased with further discussion but 47 cannot inccreased. 48 Councilmember Stoesz moved to approved Resolution No. 22-110 as presented. Councilmember 49 Cavegn seconded the motion. Motion carried on a voice vote. 50 2B) Consider Resolution No. 22-111, Setting the Date and Time for a Public Hearing for the 51 Proposed 2023 Operating Budget and 2022 Tax Levy, Collectible in 2023– Finance Director 52 Lynch explained that the City is required to hold a public hearing to hear public input on the proposed 53 budget. A date and time in December is recommended and would be approved with adoption of this 54 resoution 55 Councilmember Stoesz moved to approved Resolution No. 22-111 as presented. Councilmember 56 Ruhland seconded the motion. Motion carried on a voice vote. 57 2C) Consider Resolution No. 22-112, Canceling the 2022/2023 Debt Service Tax Levy for 58 G.O. Capital Note, Series 2016A – Finance Director Lynch noted the recommendation to cancel a 59 debt levy. This note has off-setting revenue to pay for this debt. 60 Councilmember Ruhland moved to approved Resolution No. 22-112 as presented. Councilmember 61 Stoesz seconded the motion. Motion carried on a voice vote. 62 ADMINISTRATION DEPARTMENT REPORT 63 3A) Consider Appointment of Part-Time Firefighter – Human Resources Director Sawyer 64 reviewed the written staff report outlining the qualifications of Will Ricci and recommending his 65 appointment. 66 Councilmember Lyden moved to approve the appointment of Will Ricci as recommended. 67 Councilmember Cavegn seconded the motion. Motion carried on a voice vote. 68 3B) Consider Appointment of Part-Time Firefighter – Human Resources Director Sawyer 69 reviewed the written report outlining the qualifications of Matthew Jesson Olson and recommending 70 his appointment. 71 Councilmember Cavegn moved to approve the appointment of Matthew Jessen Olson as 72 recommended. Councilmember Ruhland seconded the motion. Motion carried on a voice vote. 73 .3A) Consider Appointment of Police Officer – Human Resources Director Sawyer noted that 74 there is one open police officer position and staff is recommending the appointment of Isaac Simon, 75 contingent upon his passing exam requirements. 76 Councilmember Lyden moved to approve the appointment of Isaac Simon as recommended. 77 Councilmember Cavegn seconded the motion. Motion carried on a voice vote. 78 PUBLIC SAFETY DEPARTMENT REPORT 79 COUNCIL MINUTES DRAFT 3 4A) Consider Acceptance of 2023 TZD Grant – Captain Owens reviewed the written staff 80 report. Staff is seeking authorization to accept this annual grant. The program itself works toward a 81 common goal of reducing and eventually eliminating preventable traffic deaths on Minnesota 82 roadways. In Anoka County, participating departments come together to provide certain services 83 related to the goals. Currently the City of Lino Lakes is acting as administrator for the program 84 which is handled on a rotating schedule. 85 Councilmember Cavegn moved to approve the acceptance of the grant funds as recommended. 86 Councilmember Ruhland seconded the motion. Motion carried on a voice vote. 87 4B) Consider Donation of Bicycles – Public Safety Director Swenson noted that the department 88 has several unclaimed and unneeded bicycles which they would like to donate to Bikes for Kids, a 89 charitable organization. 90 Councilmember Lyden moved to approve the donation as recommended. Councilmember Stoesz 91 seconded the motion. Motion carried on a voice vote. 92 PUBLIC SERVICES DEPARTMENT REPORT 93 There was no report from the Public Services Department. 94 COMMUNITY DEVELOPMENT REPORT 95 6A) Kwik Trip: i. Consider Resolution No. 22-94 Approving Conditional Use Permit for Motor 96 Fuel Station; ii. Consider Resolution No. 22-95 Approving Conditional Use Permit for 97 Commercial Car Wash; iii. Consider Resolution No. 22-96 Approving Site Improvement 98 Performance Agreement – City Planner Larsen reviewed a presentation that included information on 99 the following: 100 - Land Use Application – commercial retail convenience store; 101 - Site – Location and conditions; 102 - Site Plan – building, access, car wash hours limited; fuel dispenser location, trail extension; 103 - Architectural; Canopy; 104 - Planning and Zoning Board - review and approval; 105 - Council action requested. 106 Councilmember Stoesz asked if there will be limitations imposed on delivery hours. Ms. Larsen 107 remarked that there are no formal limitations but staff would anticipate standard delivery hours. 108 Councilmemer Lyden noted that he will be a dissenting vote on this. He feels the need to represent 109 the citizens of the City and he doesn’t think a gas station is needed. Also pro-business means 110 primarily supporting current businesses (two of the area gas stations are family run businesses that fear 111 they will not survive if this facility opens), gas stations are polluters and that will be the case with this 112 development (articles shown that support that premise). He also noted that Rice Lake is very close 113 and could be impacted. He’d rather wait five years to have the right business at this site than to have 114 the wrong one that will exist for 60 years. He thinks this is a terrible idea. 115 116 Mayor Rafferty said he appreciates Councilmember Lyden comments. 117 COUNCIL MINUTES DRAFT 4 118 Councilmember Lyden moved to deny. Motion lost for lack of a second. 119 Councilmember Stoesz moved to approve Resolution No. 22-94, Resolution No. 22-95, and 120 Resolution No. 22-96 as presented. Councilmember Ruhland seconded the motion. Motion 121 carried on a voice vote; Councilmember Lyden voted no. 122 6B) Consider Resolution 22-113, Approving Payment No. 4 and Final, 2021 Surface Water 123 Maintenance Project – City Engineer Hankee noted that the project was approved and completed. 124 She noted the amount charged by the contractor, a portion of which was withheld pending completion 125 of two areas of the project. Staff recommends that the remainder now be paid. 126 127 Mayor Rafferty asked if this was a situation where supply chain delays caused the project delay and 128 Ms. Hankee said no, it is seasonal work. 129 Councilmember Lyden moved to approved Resolution No. 22-113 as presented. Councilmember 130 Ruhland seconded the motion. Motion carried on a voice vote. 131 UNFINISHED BUSINESS 132 There was no Unfinished Business. 133 134 NEW BUSINESS 135 There was no New Business. 136 137 COMMUNITY EVENTS 138 October 1 – American Legion Octoberfest. 139 Grand Opening of The Rookery – was held on September 25. 140 COMMUNITY CALENDAR 141 Community Calendar – A Look Ahead 142 September 26, 2022 through October 10, 2022 143 Monday, October 3 6:00 pm, Community Room Council Work Session 144 Wednesday, October 5 6:00 pm, Council Chambers Park Board 145 Thursday, October 6 8:00 am, Community Room EDAC 146 Monday, October 10 6:00 pm, Community Room Council Work Session 147 Monday, October 10 6:30 pm, Council Chambers City Council Meeting 148 149 ADJOURN 150 151 There being no further business, Councilmember Lyden moved to adjourn at 7:00 p.m. 152 Councilmember Cavegn seconded the motion. Motion carried on a voice vote. 153 154 These minutes were considered and approved at the regular Council Meeting on October 10, 2022 155 156 157 158 159 Julianne Bartell, City Clerk Rob Rafferty, Mayor 160 CITY COUNCIL AGENDA ITEM 1D STAFF ORIGINATOR: Julie Bartell, City Clerk MEETING DATE: October 10, 2022 TOPIC: Consider Approving Exempt Gambling Permit for St. Joseph’s Catholic Church Scholarship Raffle VOTE REQUIRED: 3/5 Vote INTRODUCTION St. Joseph’s Catholic Church has applied for a LG220 Application for Exempt Permit to conduct their annual scholarship raffle to be held on November 22, 2022. The proceeds from this raffle will be used to award college scholarships to members of St. Joseph Catholic Church. BACKGROUND Non-profit organizations are allowed, under the State Gambling Statutes, to apply for an exemption from a gambling license if they conduct five (5) or fewer gambling occasions per calendar year. St. Joseph Catholic Church conducts five (5) or less per calendar and, therefore, remains exempt from requiring a gambling license. Minnesota Statutes, Chapter 349, Section 349.166, Subd. 2 does, however, require that the non- profit organizations applying for the exemption permit, notify the city that they are applying for the exemption and receive local approval. The application and background materials are on file in City Clerk’s office. RECOMMENDATION Adopt a motion approving the application for exemption with no waiting period. CITY COUNCIL AGENDA ITEM 4A STAFF ORIGINATOR: John Swenson, Public Safety Director MEETING DATE: October 10, 2022 TOPIC: Consider 1st Reading of Ordinance No. 03-22, Enacting Ordinance Regulating Edible Cannabinoid Products VOTE REQUIRED: 3/5 INTRODUCTION The City Council is being asked to consider the 1st Reading of Ordinance No. 03-22, Enacting Ordinance Regulating Edible Cannabinoid Products by adding a new Chapter 619 to the Lino Lakes Code of Ordinances, entitled Edible Cannabinoid Products. BACKGROUND During the 2022 Minnesota Legislative Session, Minnesota Statute 151.72 was changed regarding the sale of certain cannabinoid (CBD) products. This law took effect on July 1, 2022. The new law amends the scope of sale of any product that contains cannabinoids extracted from hemp and that is an edible cannabinoid product or is intended for human or animal consumption. Previously adopted MN law authorized a product containing non-intoxicating cannabinoids to be sold, but the authority to sell edible CBD products was unclear. The new law expands the authority to include non-intoxicating cannabinoids, including edible cannabinoid products, provided they do not contain more than 0.3% of any THC. An edible cannabinoid product also cannot exceed more than five milligrams of any THC in a single serving, or more than a total of 50 milligrams of any THC per package. Staff has researched the recently enacted MN Statute 151.72, reviewed ordinances enacted in other Cities, participated in meetings and discussion through League of Minnesota Cities and worked with City Attorney Jay Squires to develop this ordinance. Staff is recommending that Council add Ordinance 619 Regulating Edible Cannabinoid Products in the City of Lino Lakes. RECOMMENDATION Staff recommends consideration of the 1st Reading of Ordinance No. 619 Regulating Edible Cannabinoid Products in the City of Lino Lakes. ATTACHMENTS Ordinance No. 03-22 CITY OF LINO LAKES ORDINANCE NO. 03-22 REGULATING EDIBLE CANNABINOID PRODUCTS BY ADDING A NEW CHAPTER 619 TO THE LINO LAKES CODE OF ORDINANCEs, ENTITLED EDIBLE CANNABINIOD PRODUCTS The City Council of Lino Lakes ordains: Section 1. That Section 600 of the Lino Lakes Code of Ordinances be amended by adding a new Chapter 619 to read as follows: CHAPTER 619. EDIBLE CANNABINOID PRODUCTS. 619.01. Purpose. The City of Lino Lakes recognizes that many persons under the age of 21 years purchase or otherwise obtain, possess, and use Edible Cannabinoid Products. Sales, possession, and use of Edible Cannabinoid Products by persons under 21 is a violation of State and Federal Laws. Further, the City of Lino Lakes recognizes the consumption of Edible Cannabinoid Products preceding the operation of a motor vehicle results in a danger to public safety in the form of intoxicated drivers. This Chapter is intended to regulate the sales and possession of Edible Cannabinoid Products by persons under 21 and limit the impact on public safety from intoxicated individuals. 619.02. Application of Chapter 601. The provisions of Chapter 601 shall apply to the issuance of licenses hereunder. 619.03. Definitions. Except as other provided or clearly implied by context all terms shall be given their commonly accepted definitions. Within this Chapter, the following terms shall have the definitions given to them: CONVICTED. Any disposition of a criminal charge that is not a dismissal or acquittal. EDIBLE CANNABINOID PRODUCT. A product that is intended to be eaten or consumed as a beverage by humans and contains a cannabinoid in combination with food ingredients and comports with all of the requirements of Minnesota Statute 151.72 or its progeny. PRIMARY PLACE OF BUSINESS. The physical location where the edible cannabinoid product will be sold; the primary place of business must be a permanent building with a mailing address. SCHOOL. A public or nonpublic elementary or secondary school. SELL. Sell, give away, barter, deliver, exchange, distribute or dispose of to another or to offer or agree to perform any of the aforementioned. VENDING MACHINE. Any mechanical, electric or electronic, or other type of device which dispenses a product upon the insertion of money, tokens, or other form of payment directly into the machine by the person seeking to purchase the product. PERSON. Individuals, partnerships, corporations, or any other legal entity. 619.04. License Required. No person shall directly or indirectly deal in, sell, or offer for sale any Edible Cannabinoid Product in the City without first obtaining a license under this Chapter and paying the associated fees. 619.05. Ineligible for License. No license under this Chapter will be issued to or held by: (1) Any person which holds a license under Chapter 700, entitled Liquor and Beer, except for a license holder under that chapter that is a Brewer Taproom as defined by that chapter. (2) Any person whose primary place of business will be within 1000 feet of a school or church. (3) Any person manufacturing Edible Cannabinoid Product on the same premises as the retail sales; unless retail sales are conducted in a separate area of the premises with a separate entrance/exit from the manufacturing operation. (4) Any person who does not have a primary place of business. No door to door sales or pop-up vendors of Edible Cannabinoid Product is allowed. (5) Any person who has been convicted of a violation of Minnesota Statutes Chapter 152. (6) Any person who has been convicted of illegal acts involving alcohol, tobacco, or Minnesota Statute 151.72. (7) Any person under the age of 21. 619.06. Application for License. An application for a license under this chapter shall be made to the City Clerk in writing on a form provided by the City. (1) Application Form. The application must include the following: (a) Applicant’s full name and date of birth. (b) Applicant’s residence address and telephone number. (c) Applicant’s primary place of business address and telephone number. (d) Name of applicant’s business. (e) Kind of business being conducted or to be conducted. (f) Whether the applicant has been charged within the preceding five years of violating any Federal, State, or local laws relating to the sale of tobacco, vaping products, alcohol, or THC products and the circumstances which lead to any charge. (g) Such other information as required by the City. (h) Proof of liability insurance. (2) Application Fee. The license fee shall be paid in full before the application for a license is accepted. All fees shall be paid into the general fund of the City. Upon rejection of any application for a license or withdrawal of the application for approval, the fee shall be refunded to the applicant, less costs for processing. 619.07. Fee. Application and license fees for licenses issued pursuant to this Chapter shall be established from time to time by ordinance of the City Council. Fees shall be sufficient to cover the costs of investigating and issuing a license and the anticipated expenses and costs of enforcing this Chapter. Fees shall be prorated on a monthly basis and the commencement of a license period may be stayed until the purpose for which the license is granted begins. 619.08. Issuance. The City Council may either approve or deny the license, or it may delay action for a reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the City Council shall approve the license, the City Clerk shall issue the license to the applicant. 619.09. Term of License. Each license shall be issued for a period of one year, except, that if the application is made during the license year, a license may be issued for the remainder of the year for a pro-rata fee with any unexpired fraction of a month being counted as one month. Every license shall expire on the last day of June. 619.10. Renewals. The request for a renewal shall be made at least 30 days, but no more than 60 days, before the expiration of the current license. The issuance of a license pursuant to this Chapter shall be considered a privilege and not an absolute right of the applicant and shall not entitle the holder to an automatic renewal of the license. 619.11. Prohibited Acts. A license holder or anyone acting under the license holders’ authority, express or implied, may not do the following: (1) Sell an Edible Cannabinoid Product to any individual who is not at least 21 years of age. (2) Allow an Edible Cannabinoid Product to be consumed at their primary place of business. (3) Sell any product which does not comply with Minnesota Statute 151.72 or its progeny. (4) Allow any person under the age of 18 to sell an Edible Cannabinoid Product. (5) Sell an Edible Cannabinoid Product through any vending machine. (6) Provide delivery services for an Edible Cannabinoid Product. (7) Sell Edible Cannabinoid Product’s through internet sales. 619.12. Compliance Checks. All licensed premises shall be open to inspection by the City Police or other authorized City official during regular business hours. From time to time, but at least once per year, the City shall conduct compliance checks by engaging persons at least 17 years of age, but less than 21 years of age, to enter each licensed premises to attempt to purchase Edible Cannabinoid Products. Prior written consent from a parent or guardian is required for any person under the age of 18 to participate in a compliance check. Persons used for the purpose of compliance checks shall be supervised by City designated law enforcement officers or other designated City personnel. No persons used in compliance checks shall attempt to use a false identification misrepresenting the person's age, and all persons lawfully engaged in a compliance check shall answer all questions about the person's age asked by the licensee or his or her employee and shall produce any identification, if any exists, for which he or she is asked. Nothing in this Section shall prohibit compliance checks authorized by State or Federal laws for educational, research, training purposes or required for enforcement of a particular State or Federal law. 619.13. Licensee Responsibility. All licensees under this Chapter shall be responsible for the actions of their employees in regard to the sale of Edible Cannabinoid Products on the licensed premises, and the sale of such an item by an employee shall be considered a sale by the license holder. Nothing in this Section shall be construed as prohibiting the City from also subjecting the clerk to whatever penalties are appropriate under this Chapter, State or Federal law, or other applicable law or regulation. Licensees must comply with all other state and local laws and ordinances. 619.14. Days and Hours. No sale of Edible Cannabinoid Products may be made: (1) On Sundays, except between the hours of 11:00 a.m. and 6:00 p.m. (2) Before 8:00 a.m. on Monday through Saturday; (3) After 10:00 p.m. on Monday through Saturday; (4) On Thanksgiving Day; (5) On December 25; (6) After 8:00 p.m. on December 24. 619.15. Violations and Penalty. (1) Administrative Civil Penalties—Individuals. If a person who is not a licensee is found to have violated this article, the person shall be charged an administrative penalty as follows: (a) First Violation. The Council shall impose a civil fine not to exceed $50.00. (b) Second Violation within 12 months. The Council shall impose a civil fine not to exceed $100.00. (c) Third Violation within 12 months. The Council shall impose a civil fine not to exceed $150.00. (2) Same—Licensee. If a licensee or an employee of a licensee is found to have violated this article, the licensee shall be charged an administrative penalty as follows: (a) First Violation. The Council shall impose a civil fine of $500.00 and suspend the license for not less than 1 day. (b) Second Violation within 36 Months. The Council shall impose a civil fine of $1,000.00 and suspend the license for not less than 3 consecutive days. (c) Third Violation within 36 Months. The Council shall impose a civil fine of $2,000.00 and suspend the license for not less than 10 consecutive days. (d) Fourth Violation within 36 Months. The Council shall revoke the license for at least one year. (3) Administrative Penalty Procedures. Notwithstanding anything to the contrary in this section: (a) Any of the administrative civil penalties set forth in this section that may be imposed by the Council, (b) If one of the foregoing penalties is imposed by an action of the Council, no penalty shall take effect until the licensee or person has received notice (served personally or by mail) of the alleged violation and of the opportunity for a hearing before the Council, and such notice must be in writing and must provide that a right to a hearing before the Council must be requested within 10 business days of receipt of the notice or such right shall terminate. (4) Misdemeanor Prosecution. Nothing in this section shall prohibit the City from seeking prosecution as a misdemeanor for any alleged violation of this article. Section 2. That Section 601.05, Subdivision 2, of the Lino Lakes Code of Ordinances entitled Background Checks be amended as follows: (2) Criminal history license background investigations. The Lino Lakes Police Department is hereby required, as the exclusive entity within the city, to do a criminal history background investigation on the applicants for the following licenses within the city: (a) Liquor; (b) Tobacco; (c) Cabaret; (d) Lawful gambling; (e) Special event; (f) Peddler, solicitor, transient merchant; (g) Taxicab; (h) Pawnbroker, precious metal dealers, secondhand good dealers; (i) Adult uses (sexually-oriented businesses); (j) Massage therapists and therapeutic massage businesses; and (k) Edible Cannabinoid Products. Section 3. Amendment of Fee Schedule Approved Pursuant to § 404.04 Ordinance No. 07-20 (The 2022 Fee Schedule) is hereby amended to include the following rates effective January 1, 2022: Business & Miscellaneous Cannabinoid Product Sales $ 200 per year Section 4. Effective Date This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Adopted by the Lino Lakes City Council this day of 2022. The motion for the adoption of the foregoing ordinance 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 6A STAFF ORIGINATOR: Michael Grochala, Community Development Director MEETING DATE: October 10, 2022 TOPIC: Consider Resolution No. 22-125, Approving Record of Decision and Making a Negative Declaration on the Need for an Environmental Impact Statement, Robinson Sod Farm EAW VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council consideration to adopt the Record of Decision and Making a Negative Declaration on the Need for an Environmental Impact Statement. BACKGROUND The Robinson Sod Farm Environmental Assessment Worksheet (EAW) was approved for distribution by the City Council on August 8, 2022. The document was filed with the Minnesota Environmental Quality Board (EQB) and circulated for review and comments to the required EAW distribution list. A Notice of Availability was published in the EQB Monitor on Tuesday, August 16, 2022. Notice was also provided to properties within 600 feet of the proposed project. The thirty day comment period closed on September 15, 2022. The City received a number of written comments from agencies and citizens. The City must respond to every substantive comment. Substantive comments are comments that address the accuracy and completeness of the materials contained in the EAW, potential impacts that may warrant further investigation before the project is commenced, and the need for an Environmental Impact Statement (EIS) on the proposed project. The City’s response to substantive comments received during the comment period are included in the attached draft Record of Decision document. 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. Minnesota Rule 4410.177, Subpart 2 requires the City to make either a negative declaration or a positive declaration on the need for an EIS. The City shall base its decision regarding the need for an EIS on the information gathered during the EAW process and the comments received on the EAW. In doing so, the City must prepare a record of decision that includes the information supporting the decision. Minnesota Rules 4410.1700, Subp. 7 lists four criteria that shall be considered in deciding whether a project has the potential for significant environmental effects. Those criteria are: A. Type, extent, and reversibility of environmental effects; B. Cumulative potential effects. The RGU shall consider the following factors: whether the cumulative potential effect is significant; whether the contribution from the project is significant when viewed in connection with other contributions to the cumulative potential effect; the degree to which the project complies with approved mitigation measures specifically designed to address the cumulative potential effect; and the efforts of the proposer to minimize the contributions from the project; C. The extent to which the environmental effects are subject to mitigation by ongoing public regulatory authority. The RGU may rely only on mitigation measures that are specific and that can be reasonably expected to effectively mitigate the identified environmental impacts of the project; and D. The extent to which environmental effects can be anticipated and controlled as a result of other available environmental studies undertaken by public agencies or the project proposer, including other EISs. Section 5. Findings of Fact of the attached response document provides the City’s findings of fact and addresses each of the above referenced criteria. Section 6. Record of Decision concludes that an EIS is not required. Environmental Board The Environmental Board reviewed the document at its October 5, 2022 meeting. The board requested clarification and explanation on document responses regarding flood plain impacts, Blandin’s turtles, stormwater management, and soil contamination. The board also questioned what additional information an EIS would provide. The Environmental Board also provide opportunity for the public to request any clarification to the responses provided. • The city’s response to comment 4.2.8. was questioned regarding soil and groundwater contamination from agricultural fertilizers and pesticides. Staff responded that the developer is completing a Phase II Environmental Site Assessment (ESA) that will document site contamination and next steps. If contaminated soils are present that do not meet residential reuse requirements they will be hauled offsite and disposed of per MPCA guidelines. Dust BMPs will be in place during construction to minimize the potential for dust. The response to comment 14 has been updated accordingly. •Residents questioned the impacts to the Floodplain and Drainage. Staff responded that City and RCWD rules do not allow for impacts to offsite properties and the site design will be required to meet volume and rate control onsite. The site will go through a formal process to evaluate floodplain and ensure proposed homes meet freeboard and separation requirements. Floodplain impacts are required to be mitigated for and will not be allowed to change offsite. •Residents had general questions regarding Traffic. Staff responded that a detailed traffic study was provided that evaluated impacts both with and without the connection of Carl Street. The results show that traffic from this development, with mitigation measures, will not cause intersection operations to become unacceptable. No formal decisions have been made regarding the Carl Street connection and this will be evaluated further when the developer submits a formal plan for review. •Residents expressed concerns regarding the aquifer/groundwater/wells. Staff responded that the existing agricultural irrigation well on site will be required to be capped with the project. No additional wells will be installed with the project. Water will be provided via the city’s system, so no impacts to the groundwater or adjacent property’s wells is expected. Based on the information provided with the understanding that additional information will be obtained and reviewed during the permitting process, the Environmental Board recommended accepting the record of decision and making a negative declaration on the need for an Environmental Impact Statement RECOMMENDATION Staff is of the opinion that no additional information is necessary in addition to what is already provided or required and that any potential impacts and mitigation will be addressed through the city and other public regulatory permitting processes. Based on the information contained in the EAW, comment letters, and Findings of Fact, staff is recommending adoption of Resolution No.22-125. ATTACHMENTS 1.Resolution No. 22-125 2.Response to Comments, Findings of Fact, and Record of Decision, dated October 7, 2022 CITY OF LINO LAKES RESOLUTION NO. 22-125 RESOLUTION APPROVING THE RECORD OF DECISION AND MAKING A NEGATIVE DECLARATION ON THE NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT FOR THE ROBINSON SOD FARM WHEREAS, MN Rules 4410 establishes the requirements for the preparation of an Environmental Assessment Worksheet (EAW); and WHEREAS, the City initiated an environmental review to determine if the proposed Robinson Sod Farm development has the potential for significant environmental effects, as required by MN Rules, Chapter 4410.4300, Subpart 14; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes finds that: 1. The EAW was prepared in compliance with the procedures of the Minnesota Environmental Policy Act and the Minnesota Rules, Parts 4410.1000 to 4410.1700 (2015); 2. The EAW satisfactorily addressed the issues for which existing information could have been reasonably obtained; 3. The City has reviewed comments on the EAW and has prepared responses to these comments, included in the Response to Comments, Findings of Fact and Record of Decision document, dated October 7, 2022, and made a part hereof; 4. Based on the criteria established in Minnesota Rules 4410.1700, the project does not have the potential for significant environmental effects; 5. The City makes a “Negative Declaration”, and 6. An EIS is not required. Adopted by the City Council of the City of Lino Lakes this 10th day of October, 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 0 October 7, 2022 Robinson Sod Farm RESPONSE TO COMMENTS, FINDINGS OF FACT, AND RECORD OF DECISION Responsible Government Unit (RGU) City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55104 linolakes.us CITY: LINO LAKES COUNTY: ANOKA i Table of Contents Table of Contents ..................................................................................................... i Tables .................................................................................................................... iii Appendices ............................................................................................................ iii 1. INTRODUCTION ................................................................................................ 1 2. EAW NOTIFICATION, DISTRIBUTION, AND COMMENT PERIOD.......................... 1 3. COMMENTS RECEIVED ..................................................................................... 1 4. RESPONSE TO COMMENTS ............................................................................... 2 4.1 COMMENTS FROM GOVERNMENT AGENCIES ................................................................. 2 4.1.1 Minnesota State Historic Preservation Office (SHPO) – September 9, 2022 ......... 2 4.1.2 Minnesota Pollution Control Agency (MPCA) – September 13, 2022 .................... 3 4.1.3 Metropolitan Council – September 13, 2022 .......................................................... 5 4.1.4 Minnesota Department of Natural Resources – September 15, 2022 ................... 6 4.2 COMMENTS FROM THE GENERAL PUBLIC ..................................................................... 10 4.2.1 Nicki Roland Ecker – August 25, 2022 ................................................................... 10 4.2.2 Anna Jungbauer – August 25, 2022 ....................................................................... 10 4.2.3 Morgan C – August 25, 2022 .................................................................................. 11 4.2.4 Justin Carver – August 26, 2022 ............................................................................. 11 4.2.5 Mike Trudeau – August 30, 2022 ........................................................................... 11 4.2.6 Mara Lipinski – September 5, 2022 ....................................................................... 11 4.2.7 Greg and Sarah Austin – September 10, 2022 ...................................................... 12 4.2.8 Carl Street Residents – September 12, 2022 ......................................................... 13 4.2.9 Ann Rudie – September 12, 2022 .......................................................................... 18 4.2.10 Doug and Cindy Hansen – September 12, 2022 .................................................... 18 4.2.11 Steven Anderson – September 12, 2022 ............................................................... 19 4.2.12 Scott Zbikowski – September 13, 2022 ................................................................. 20 4.2.13 Lisa and Ernst Olsen – September 14, 2022 .......................................................... 21 4.2.14 Kevin and Tammy Dunrud – September 14, 2022 ................................................ 21 ii 4.2.15 Reilly Anderson – September 15, 2022 ................................................................. 22 5. FINDINGS OF FACT .......................................................................................... 23 5.1 Project description ......................................................................................................... 23 5.1.1 Proposed Project ..................................................................................................... 23 5.1.2 Site Description and Existing Conditions ................................................................ 24 5.1.3 Decision Regarding the Potential for Significant Environmental Effects ................ 24 A. Type, Extent, and Reversibility of Environmental Effects .......................................... 24 B. Cumulative Potential Effects ...................................................................................... 27 C. Extent to Which Environmental Effects are Subject to Mitigation ............................ 28 D. Extent to Which Environmental Effects can be Anticipated and Controlled ............. 29 6. RECORD OF DECISION ..................................................................................... 30 iii Tables Table 4 (in EAW). Required Permits and Approvals for the Proposed Project ............................. 28 Appendices Appendix A. Agency and Public Comments Submitted to the City of Lino Lakes Appendix B. City of Lino Lakes Resolution Finding of No Need for EIS 1 1. INTRODUCTION 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 that is located to the southeast of Sunset Avenue and 125th Ave NE (Main Street, CSAH 14). Two site plan alternatives have been developed for the project which include the PUD Concept Plan expected to consist of 557 dwelling units and the Yield Plan that is expected to consist of 707 dwelling units. These plans include single family detached homes, townhomes, and multi-family units. The project will include new roads, stormwater features, and the installation of municipal sewer and water systems. An Environmental Assessment Worksheet (EAW) was prepared pursuant to Minnesota Rules Part 4410.4430, Subp. 19. Residential Development. The EAW and the respective comments have been reviewed in accordance with Minnesota Rules 4410.1700 to determine if the project has potential for significant environmental effects. This document includes responses to comments received by the City of Lino Lakes, the Findings of Fact supporting the decision, and the Record of Decision indicating an Environmental Impact Statement (EIS) is not necessary for this project. 2. EAW NOTIFICATION, DISTRIBUTION, AND COMMENT PERIOD In accordance with Minnesota Rules 4410.1500, the EAW was completed and distributed to persons and agencies on the office of Environmental Quality Board (EQB) distribution list. The notification was published in the EQB Monitor on August 16, 2022, initiating the 30-day public comment period. A public notice and press release was submitted to the Quad newspaper, the local newspaper. The comment period ended on September 15, 2022. 3. COMMENTS RECEIVED GOVERNMENT AGENCIES: The City received comment letters from four government agencies. These include: • Minnesota State Historic Preservation Office (SHPO) – September 9, 2022 • Minnesota Pollution Control Agency (MPCA) – September 13, 2022 • Metropolitan Council – September 13, 2022 • Minnesota Department of Natural Resources – September 15, 2022 None of the comments recommended the preparation of an EIS. 2 PUBLIC COMMENTS: In addition to the government agencies, the City received 15 emails from the public. These include: • Nicki Roland Ecker – August 25, 2022 • Anna Jungbauer – August 25, 2022 • Morgan C – August 25, 2022 • Justin Carver – August 26, 2022 • Mike Trudeau – August 30, 2022 • Mara Lipinski – September 5, 2022 • Greg and Sarah Austin – September 10, 2022 • Carl Street Residents – September 12, 2022 • Ann Rudie – September 12, 2022 • Doug and Cindy Hansen – September 12, 2022 • Steven Anderson – September 12, 2022 • Scott Zbikowski – September 13, 2022 • Lisa and Ernst Olsen – September 14, 2022 • Kevin and Tammy Dunrud – September 14, 2022 • Reilly Anderson – September 15, 2022 4. RESPONSE TO COMMENTS This document responds to comments individually. It includes summaries of comments followed by responses. The complete comment letters and emails are included in Appendix A. Responses to comments are generally confined to substantive issues that “address the accuracy and completeness of the material contained in the EAW, potential impacts that may warrant further investigation before the project is commenced, and the need for an EIS on the proposed project.” (MN Rules 4410.1600). Some of the comments included general remarks or recommendations. Such comments are noted for the record and further detail of the statements or recommendations is included in Appendix A. 4.1 COMMENTS FROM GOVERNMENT AGENCIES 4.1.1 Minnesota State Historic Preservation Office (SHPO) – September 9, 2022 Comment: The Minnesota SHPO concludes that there are no properties listed in the National or State Registers of Historic Places, and no known or suspected archaeological resources located in the area that will be affected by this project. Response: This comment has been noted for the record. The SHPO was contacted as part of the EAW process and their response is included in Appendix E of the EAW. 3 4.1.2 Minnesota Pollution Control Agency (MPCA) – September 13, 2022 Permits and Approvals (Item 8) Comment: In accordance with Minnesota Statutes, the Project should include the MPCA as a regulator of all surface waters as defined by Minn. Stat. § 115.01, subd. 22 Waters of the state. Even though there may be surface waters that are determined to be US Army Corps of Engineers non-jurisdictional or exempt from the Wetland Conservation Act, all surface waters are regulated by the MPCA, and any surface water impact needs to be described in the application and may require mitigation. The scope of a Clean Water Act Section 401 Certification is limited to assuring that a discharge from a federally licensed or permitted activity will comply with water quality requirements. In addition, the applicant must also submit to the MPCA the Antidegradation Assessment in accordance with water quality standards Minn. R. 7050.0265 and should review the Antidegradation requirements in 7050.0285. The 401 Water Quality Certification becomes an enforceable component of the associated federal license or permit, issued under either Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act. The scope of a Clean Water Act Section 401 Certification is limited to assuring that a discharge from a federally licensed or permitted activity will comply with water quality requirements. For further information about the 401 Water Quality Certification process, please contact Bill Wilde at 651-757-2825 or william.wilde@state.mn.us. Response: As noted in the permit table of the EAW (Table 5) all necessary permits, including the Section 401 Certification, will be received prior to development of this project. Water Resources (Item 11) Stormwater Comment: • The EAW states the proposed 158-acre residential development is in a 100-year floodplain. The EAW indicates that soil remediation for the construction will be required due to predominately hydric soils on the site and stormwater ponds will be constructed in lieu of infiltrating stormwater to meet volume reduction requirements. • The EAW should consider climate risks associated with increased rainfall regarding the proposed development that could result in the potential for increased flood risk. Filling of wetlands at the site and adding large areas of impervious surfaces is likely to alter the natural hydrology and increase this risk. Efforts to reduce stormwater volume and provide more climate resiliency should be considered. The Project proposer is strongly encouraged to utilize Low Impact Development strategies such as reducing impervious surfaces through use of narrower streets and sidewalks, stormwater reuse and green infrastructure practices 4 to promote retention of stormwater on the site while also providing other environmental benefits. Response: Low Impact Development strategies will be used to the extent practicable. The PUD process allows for flexibility in pavement widths and requires higher levels of open space than conventional development. A stormwater reuse system for irrigation will be evaluated as part of the development review process and used where possible. • During construction, the MPCA National Pollutant Discharge Elimination System/State Disposal System (NPDES/SDS) Construction Stormwater Permit (CSW Permit) requires preservation of the existing 50 feet of natural buffer to wetlands on the site. If the existing buffer must be encroached to complete the construction, then redundant (double) down gradient sediment controls must be utilized to protect the wetlands. Questions regarding Construction Stormwater Permit requirements should be directed to Roberta Getman at 507-206-2629 or Roberta.Getman@state.mn.us. Response: The project proposer will be designing the stormwater basins and on-site floodplain mitigation in accordance with the City and Rice Creek Watershed District requirements to account for flood risk on site. The development will obtain an NPDES/SDS CSW permit and follow the wetland buffer requirements around preserved wetlands on site. Contamination/Hazardous Materials/Wastes (Item 12) Comment: Please be aware that farmsteads have the potential for releases or threatened releases of agricultural chemicals. The Minnesota Department of Agriculture (MDA) is the regulatory agency charged with managing the response and cleanup of fertilizers and pesticides. Information regarding the MDA is available on the website at: https://www.mda.state.mn.us/pesticide-fertilizer/spills-cleanup. For questions regarding agricultural chemicals, please contact Cathy Villas-Horns with the MDA at 651-201-6697. For questions regarding waste pesticide containers, please contact Jane Boerboom with the MDA at 651-201-6540. Response: As part of the EAW process, the MDA’s What’s In My Neighborhood was reviewed as part of Item 12 – Contaminated/Hazardous Materials and did not indicate that there are any known and potential sources of agriculture chemical soil and ground water contamination on site. Additionally, a Phase I Environmental Assessment was completed as part of the developer’s due diligence of the site. Other Potential Environmental Effects (Item 20) Comment: Please note that chloride (salt) is a growing issue for lakes, streams, and groundwater around the state. Chloride can come from both de-icing salt and water softener salt. For the proposed Project, the MPCA recommends smart salting practices for de-icing streets and driveways during the winter weather months and water softening best practices be 5 used year-round. Additional resources are available at: https:// www.pca.state.mn.us/business- with-us/statewide-chloride-resources. Response: The City of Lino Lakes will use smart salting practices on the roadways throughout the development. Residents will be encouraged to implement smart salting practices on their driveways and use best salt management practices with their water softeners should they have one in their home. The project proposer can include the factsheet on Residential water softening for homeowners in the proposed development that is available on the MPCA’s statewide chloride resources website located here: Microsoft Word - UMNResidentialBMPs_Final.docx. The City provides education resources related to chloride use on its website and newsletter. 4.1.3 Metropolitan Council – September 13, 2022 Item 6 – Project Description - Forecasts Comment: Met Council indicates either of the two scenarios presented in the EAW could yield development beyond previous expectations and that allocation of the forecast to sub city zones can be revised as needed. Met Council indicates that should the subject development proceed, several hundreds of excess households would result. City staff can request a Transportation Analysis Zone allocation adjustment by contacting Council Research staff. Response: Both of the two scenarios presented are consistent with the City’s 2040 Land Use Plan and Utility Staging Plan and the projected number of households for the area. The City of Lino Lakes staff will request a Transportation Analysis Zone allocation adjustment from Met Council if this is necessary. Item 6 – Project Description - Housing Comment: Met Council states that any changes to guiding land use, including changes to percent residential and minimum allowable density, may create inconsistency with regional housing policy and impact the City’s ability to participate in Livable Communities Act Programs. Response: No change to the guiding land use is proposed. The proposed development density and land use is consistent with the City’s Comprehensive Plan and consistent with the Metropolitan Council’s guidance for “emerging suburban edge communities”. The proposed development will provide “Lifecycle” housing choices consistent with the City’s housing goals. Item 9 – Land Use – Regional Parks and Trails Comment: A planned unit of the Regional Park System – the Central Anoka County Regional trail – is immediately adjacent to the Project Site. Council encourages Integrate Properties, LLC and the City of Lino Lakes to coordinate with Anoka County prior to and during any future construction activities to ensure there are no permanent impacts to the planned regional trail as a result of either of the two site plan alternatives. 6 Response: The project proposer and the City of Lino Lakes will coordinate with Anoka County to ensure that the Central Anoka County Regional Trail is provided for with the development. The City anticipates construction of the trail along Main Street, from Sunset Avenue to the eastern project limits, concurrent with the proposed development. Item 11i – Water Resources - Groundwater Comment: The Project Site is located in the North and East Groundwater Management Area (https://www.dnr.state.mn.us/gwmp/area-ne.html) designated by the Minnesota Department of Natural Resources. Given the range of water supply challenges (quantity and quality) that exist in this part of the metro, the Council encourages the City to collaborate with state partners and/or neighboring communities when expanding or developing new water supplies in this area. Response: The City will collaborate with state partners and/or neighboring communities when expanding new water supplies in the area. The City participates as a member on the North and East Groundwater Management Area task force Item 11bii – Water Resources - Stormwater Comment: This appears to be a difficult site for intensive development due to a predominance of hydric soils, high water table, wetlands, presence of county and private ditches, and location in the 100-year flood plain. Many of the soil associations listed for the site have severe limitations for dwellings with basements and roadways. The EAW states that the project will result in 50-60 acres of impervious surface and runoff will be treated with stormwater basins. Taken together, these conditions indicate that the site is a poor candidate for the proposed development. If the proposer is determined to pursue this project, they should work closely with the City and Rice Creek Watershed District to address all these concerns before proceeding. Response: The project proposer has been working closely with the City of Lino Lakes and Rice Creek Watershed District to address the environmental concerns of the site including the high-water table, wetlands, county and private ditches, and the 100-year floodplain. The project proposer will be subject to the regulations regarding these environmental issues and will need to obtain the appropriate permit approval prior to development of the site. 4.1.4 Minnesota Department of Natural Resources – September 15, 2022 Page 6, Permits and Approvals Comment: Please include a DNR Permit to Take in the list of required permits and approvals. Protected state-listed species have been identified in the project vicinity. The need for a Permit to Take will be determined as the proposer works through the rare plant survey process. 7 Response: This has been added to the required permits and approvals table found in Section 5. Findings of Fact, C. Extent to Which Environmental Effect Area Subject to Mitigation. Page 12, Wastewater Comment. The proposed plan to add 557 and even up to 707 residential units would presumably add a comparable number of residential water softeners due to the water hardness levels of the City of Lino Lakes municipal water supply. Many Minnesota municipalities are wrestling with high chloride levels in their wastewater (See this recent study (link in letter in Appendix A) on sources of chloride in Minnesota). Chloride is one of the components of salt, which is used in forms such as sodium chloride (table salt), calcium chloride and magnesium chloride (road salts). Sodium chloride is commonly used in home water softeners and by water treatment plants to treat “hard” water. Minnesota generally has groundwater with high levels of calcium and magnesium that must be removed through softening in order to improve taste and prevent lime scale buildup in appliances, pipes and water fixtures. The majority of home water softeners use sodium chloride (NaCl) in a softening process that replaces calcium and magnesium ions with sodium, while the chloride ions are discharged in the wastewater and eventually end up in the environment. Each community needs to determine which tool is appropriate for their situation. This factsheet (link in letter in Appendix A) suggests ways for homeowners to optimize their water softener salt use, while this link (link in letter in Appendix A) provides resources for cities and examples of how other communities in Minnesota are addressing their high chloride levels. We suggest that as this development moves forward, the City of Lino Lakes consider what strategies can be used to minimize chloride use. Response: The City of Lino Lakes recognizes the importance of reducing chloride use. The City of Lino Lakes will encourage residents to implement best management practices with their water softeners. The project proposer can include the factsheet on Residential water softening for homeowners in the proposed development that is available on the MPCA’s statewide chloride resources website located here: Microsoft Word - UMNResidentialBMPs_Final.docx. The City provides education resources related to chloride use on its website and newsletter. Page 13, Post-Construction Runoff Comment. Blanding’s turtles, a protected state-listed threatened species, have been documented within the Project Site. Stormwater features may be colonized by Blanding’s turtles in the area, therefore we recommend incorporating measures to avoid impacting this species into stormwater management. In years when the stormwater features will be dredged to remove excess sediment, please draw down water levels by September 15th in order to allow turtles to find overwintering habitat elsewhere. 8 Response: The avoidance measures outlined in the NHIS letter that is included in Appendix C of the EAW will be forwarded to the project proposer and incorporated into construction notes to avoid any potential impacts to the Blanding’s turtle. Page 13, Post-Construction Runoff Comment. We recommend that BWSR-approved, weed-free, native seed mixes be used to the greatest degree possible in stormwater features in order to provide pollinator habitat. Response: The proposed stormwater features on site will utilize BWSR approved, weed- free, native seed mixes. Page 13, Post-Construction Runoff Comment. The planned increase in impervious surfaces will also increase the amount of road salt used in the Project Site. Chloride released into local lakes and streams does not break down, and instead accumulates in the environment, potentially reaching levels that are toxic to aquatic wildlife and plants. Consider promoting local business and city participation in the Smart Salting Training offered through the Minnesota Pollution Control Agency. There are a variety of classes available for road applicators, sidewalk applicators, and property managers. More information and resources can be found at this website. Many winter maintenance staff who have attended the Smart Salting training — both from cities and counties and from private companies — have used their knowledge to reduce salt use and save money for their organizations. We also encourage cities and counties to consider how they may participate in the Statewide Chloride Management Plan and provide public outreach to reduce the overuse of chloride. Here are some educational resources for residents as well as a sample ordinance regarding chloride use (link in letter in Appendix A). Response: The City of Lino Lakes will use smart salting practices on the roadways throughout the development. The City annually provides educational resources for residents on its website and in City newsletters. Page 20, Rare Features Comment. This section of the EAW lists the rare species identified in the DNR Natural Heritage Review, but does not include or discuss DNR requirements regarding these species. The statement that, “There are no state listed species within the project site” is incorrect. The Natural Heritage Review letter has concerns about two state-listed species that may occur within the site. The lack of known occurrences within the project boundary does not mean that these species do not use the area. Minnesota’s Endangered Species Statute (Minnesota Statutes, section 84.0895) and associated Rules (Minnesota Rules, part 6212.1800 to 6212.2300 and 6134) prohibit the take of threatened or endangered species without a permit. 9 • Swamp Blackberry (Rubus semisetosus), a state-listed endangered species, has been documented in the vicinity of the project. A qualified surveyor needs to conduct a botanical survey if any shrub removal is associated with the proposed project. Surveys must be conducted by a DNR approved surveyor (see attached list) and follow the standards contained in the Rare Species Survey Process and Rare Plant Guidance. Project planning should take into account that any botanical survey needs to be conducted during the appropriate time of the year, which may be limited. Please consult with the NH Review Team (Reports.NHIS@state.mn.us) regarding this process. • Blanding’s turtles (Emydoidea blandingii), a state-listed threatened species, have been documented in the vicinity of the proposed project. As such, the following avoidance measures are required: o Avoid wetland impacts during hibernation season, between October 15th and April 15th, unless the area is unsuitable for hibernation. o The use of erosion control blanket shall be limited to ‘bio-netting’ or ‘natural- netting’ types, and specifically not products containing plastic mesh netting or other plastic components.  Also, be aware that hydro-mulch products may contain small synthetic (plastic) fibers to aid in their matrix strength. These loose fibers could potentially re-suspend and make their way into Public Waters. As such, please review mulch products and not allow any materials with synthetic (plastic) fiber additives in areas that drain to Public Waters. o Areas where there will be construction should be checked for turtles before the use of heavy equipment or any ground disturbance. o The Blanding’s turtle flyer must be given to all contractors working in the area. o Monitor for turtles during construction and report any sightings to the DNR Nongame Specialist, Erica Hoaglund (Erica.Hoaglund@state.mn.us). o If turtles are in imminent danger they must be moved by hand out of harm’s way, otherwise, they are to be left undisturbed. • If the above avoidance measures are not possible, please contact Samantha Bump (Samantha.Bump@state.mn.us) as further action may be needed. • For additional information, see the Blanding’s turtle fact sheet, which describes the habitat use and life history of this species. The fact sheet also provides two lists of recommendations for avoiding and minimizing impacts to this rare turtle. Please refer to both lists of recommendations and apply those that are relevant to your project. For further assistance regarding the Blanding’s turtle, please contact the DNR Regional Nongame Specialist, Erica Hoaglund. Response: The NHIS letter from the DNR is included in Appendix C of the EAW and states the information stated above about the Swamp Blackberry and Blanding’s turtles. The need for a botanical survey of Swamp Blackberry will be evaluated if shrub removal is necessary for the project and the avoidance measures will be required, forwarded to the project proposer and incorporated into construction notes to avoid any potential impacts 10 to the Blanding’s turtle. The permit for the take of endangered or threatened species has been added to the required permits and approvals table as shown below in the 5. Findings of Fact, Part C. Page 25, Dust and Odors Comment. If water for dust control is taken from a lake, river, or stream in volumes that exceed 10,000 gallons per day, or one million gallons per year, then a DNR Water Appropriations Permit will be required. Response: The water appropriations permit is called out in the Required Permits and Approvals of the Proposed Project (Table 5) table for construction dewatering. This comment will be forwarded onto the project proposer should water from a lake, river, or stream be used for dust control. 4.2 COMMENTS FROM THE GENERAL PUBLIC 4.2.1 Nicki Roland Ecker – August 25, 2022 Comment: Nicki states that she wants to know the best way to stay informed on the development. Nicki states that this development would be a devasting addition to the already under-supported schools and infrastructure. Response: The City of Lino Lakes meets with the school districts annually to discuss potential development proposals so the school districts can plan accordingly. The project is also spread across two different school districts. 4.2.2 Anna Jungbauer – August 25, 2022 Comment: Anna states that she is curious how to find out how the proposed development will impact all the city resources including roads, schools, and public safety resources. She is concerned that this massive development will impact residents currenting living in the area with issues such as school levy money and increased property taxes. Response: The City of Lino Lakes (Katie Larsen) followed up with Anna in an email on 8/25/2022 and let her know where to stay informed about the development as well as the next steps the developer may take after Council reviews the EAW in October. The impact to the existing roadways this development connects to has been extensively studied with the Traffic Study located in Appendix F of the EAW and has been reviewed by the City. Traffic impacts will be analyzed during the City re zoning and preliminary plat review process. Any traffic mitigation identified in the review will be implemented with project construction. This will include both vehicular and pedestrian improvements. Regarding schools and school levy money, the City of Lino Lakes meets with the school districts annually to discuss potential development proposals so the school districts can plan accordingly. The project is also spread across two different school districts. 11 Additionally, the county assesses property taxes on a regular basis and there is no evidence that this proposed development will impact property taxes. 4.2.3 Morgan C – August 25, 2022 Comment: Morgan expressed concern about adding 707 units to the sod field when there are two new developments located near the elementary school and across from the sod field. Morgan is concerned that this will cause overcrowding and poses the question if there has been any thought that this could cause an increase to classroom sizes at the elementary school. Additionally, she states that the only way she would support this if there are less units proposed and a pool added that Morgan’s HOA could have access to. Response: The City of Lino Lakes meets with the school districts annually to discuss potential development proposals so the school districts can plan accordingly. The project is also spread across two different school districts. 4.2.4 Justin Carver – August 26, 2022 Comment: Justin states in an email that he has many questions and concerns with the development and wants to discuss this with Katie Larsen on the phone. Response: The City of Lino Lakes (Katie Larsen) followed up with Justin in an email on 8/29/2022 and let him know where to stay informed about the development as well as the next steps the developer may take after Council reviews the EAW in October. 4.2.5 Mike Trudeau – August 30, 2022 Comment: Mike wants to know where the single family and townhome/higher density units will be proposed for the development as he is concerned about townhome/higher density units impacting his property value. Mike lives along Robinson Drive that borders the proposed development to the south. Response: Katie Larsen addressed Mr. Trudeau’s concerns in an email exchange between August 29th and August 30th. Katie states that per the EAW, Figure 2. PUD Concept Plan shows a 557 unit development with single family homes behind Robinson Drive. Figure 3. Yield Plan shows a 707 unit development with single family homes and townhomes behind Robinson Drive. There are no apartments proposed behind Robinson Drive. Additionally, she says that as the project moves forward, the developer will submit a PUD Development Stage Plan/Preliminary Plat that will better define the project. Public hearings will be held and notices will be sent again to property owners in the area for additional comments. 4.2.6 Mara Lipinski – September 5, 2022 Comment: Mara has concern that such a large development is not wise to construct since the City of Lino Lakes has a difficult time keeping up with maintaining the current small developments in the area. Specifically, Mara is concerned that the City of Lino Lakes does not 12 mow the boulevard as often as they should, they do not maintain all trails, they don’t replace dead trees, and they rarely snow blow in the winter. Response: The City makes every effort to maintain infrastructure and open areas. Unimproved park areas and trails, such as those along Robinson Drive, are maintained on a limited basis during both summer and winter. Development of the Robinson sod farm will lead to completion of the Century Farm North Park and trail system. Increased maintenance of these areas will result from those improvements. 4.2.7 Greg and Sarah Austin – September 10, 2022 Comment: The Austin’s explained in their letter that they have concerns regarding the proposed development. These include: • There is concern that adding this development into a drainage system that already has a problem will only amplify the drainage issues. Specifically, the Austin’s are concerned that the project could conceivably change the flood status of the area and threaten existing homes, buildings, and properties in the area. • The Austin’s state that the sod farm and the surrounding wetlands and ditches are major nesting/rearing grounds for many species of migratory and local waterfowl, songbirds, deer, and predators from raptors to coyotes. They argue that the threat to their local treasures, the Rice Creek and lakes would be threatened by increased herbicide, pesticide, and salt runoff from the new development. They strongly recommend that the sod farm become an extension of the Carlos Avery wildlife area, or some other special green space or park, which are lacking and being diminished in Anoka County • There is concern about the amount of traffic added to Century Trail, Robinson Trail, and Sunset Road. The added traffic to these roads is a safety concern as this development has the potential to turn these streets into high-speed thoroughfares and become dangerous to bicycles and pedestrians. Response: • The public drainage system and most of the private drainage system on site will remain the same. The proposed development is required to meet the stormwater runoff quality and quantity requirements of the City of Lino Lakes, Rice Creek Watershed District, and the MPCA National Pollutant Discharge and State Disposal System (NPDES/SDS). Therefore, the stormwater basins on site will be designed to meet these requirements. Additionally, since the site falls within the 100 year floodplain, the development is required to follow the City and Rice Creek Watershed District floodplain mitigation requirements and implement on-site floodplain mitigation. These requirements will aide in controlling drainage on site to avoid impacts to the surrounding area. • The current conditions of the site include the use of agriculture fertilizers, a monoculture of sod grass, and a private and public drainage system. The proposed 13 development is expected to add open water features that currently do not exist on site and to plant native vegetation throughout the site. The open water areas can provide fly over habitat for migratory and local waterfowl and the native vegetation can provide additional wildlife habitat that currently does not exist. Thus, there is not expected to be a significant impact to wildlife species with this development. The City will require protective buffers adjacent to all water features. • A Traffic Impact Study located in Appendix F of the report extensively modeled the impact of the proposed development on the surrounding roadways. and found that the proposed development is expected to have limited impact on the study area traffic operations with no significant side-street delay or queuing issues. Traffic impacts will be further analyzed during the City rezoning and preliminary plat review process. Any traffic mitigation identified in the review will be implemented with project construction. This will include both vehicular and pedestrian improvements. 4.2.8 Carl Street Residents – September 12, 2022 Comment 1. During the morning traffic rush there may be over 1,000 vehicles using the Carl Street and 4th Avenue intersection, per the EAW projections. Did the traffic study take into consideration the potential intersection density at 4th Avenue and Carl Street? Response: • Under forecast Year 2040 build conditions, daily traffic volumes along Carl Street are projected as follows (See Figures 11-14 in the Traffic Study in Appendix F of the EAW): • Approximately 180 daily vehicles with no proposed development connection to Carl Street • Approximately 1,480 daily vehicles with a proposed development connection to Carl Street under the PUD Concept Plan o Peak hour traffic volumes along Carl Street are expected to be significantly lower than this anticipated daily traffic volume • Approximately 1,780 daily vehicles with a proposed development connection to Carl Street under the Yield Plan o Peak hour traffic volumes along Carl Street are expected to be significantly lower than this anticipated daily traffic volume (see example below) Peak Hour Example: Under forecast Year 2040 build conditions, the Yield Plan peak hour traffic volumes along Carl Street are projected as follows (See Figure 14 in the Traffic Study in Appendix F of the EAW): • Slightly more than 150 vehicles are projected along Carl Street during the AM peak hour • Slightly more than 180 vehicles are projected along Carl Street during the PM peak hour Yes, the Traffic Impact Study in Appendix F accounts for projected traffic density with respect to intersection capacity. Under all forecast year 2025 and year 2040 build models, the 4th Avenue/Carl Street intersection is expected to function with minimal 14 delay (Level of Service A) (See Tables 8-15 in the Traffic Study in Appendix F of the EAW). Level of Service A is in compliance with industry standard practice for acceptable traffic mobility performance. Comment 2. Was a comprehensive traffic impact study conducted to evaluate the potential traffic backup on Carl Street during the busy morning and evening hours? Response: Yes, the Traffic Impact Study in Appendix F of the EAW accounts for projected vehicle queuing during the AM & PM peak hours. Under all forecast year 2025 and year 2040 build models, the industry standard 95th percentile queue (length of queue with only a five percent probability of being exceeded) on the Carl Street approach to 4th Avenue is expected to be less than 55 feet (the equivalent of 2-3 vehicles). (See the 95th percentile queues in the tables of Appendix A in the Traffic Impact Study located in Appendix F of the EAW). Comment 3. Do the Anoka County traffic projections and studies align with those from Alliant Engineering? Response: Annual average daily traffic (AADT) volumes forecast in the Anoka County Year 2040 Transportation Plan Update are comparable to daily volumes forecast under Year 2040 Build Conditions in the Traffic Impact Study. Comment 4. Did the City of Lino Lakes or Alliant Engineering take into consideration the current aquifer depletion issue taking place on the Lino Lakes border in Blaine? Response: The drawdown issue referred to is related to new high production municipal wells located in the City of Blaine and is most pronounced during the relatively infrequent condition that multiple wells are pumping simultaneously during maximum day water demand. The Robinson development area will be served by Lino Lakes municipal water system which draws water from a different aquifer on the south side of Lino Lakes. The deep irrigation well that currently serves to irrigate the sod farm will be removed with the project. Comment 5. Does the City of Lino Lakes plan to warrant the costs of the wells for current property owners near the potential project? Response: No. The City does not anticipate any impacts to offsite wells. Comment 6. Did the City of Lino Lakes or Alliant Engineering investigate the possibility for flooding due to the high-water table and the redistribution of water? Response: Alliant Engineering has prepared the required floodplain calculations and models for the proposed floodplain mitigation on site per Rice Creek Watershed requirements and submitted this to Rice Creek Watershed District for review and approval. Additionally, Alliant has prepared the required stormwater calculations for the site per Rice Creek Watershed District regulations. This has been sent to Rice Creek Watershed District for review and approval. All stormwater and floodplain calculations 15 and design will be subject to review and approval by the City Engineer, consistent with City requirements, as part of the rezoning and preliminary plat review. Comment 7. Did the City of Lino Lakes or Alliant Engineering initiate a study to determine if “Quiet Enjoyment of Life” would be impacted or violated by the proposed street connection? Response: No. There is no established City requirement or standard related to “Quiet Enjoyment of Life”. The proposed development is subject to to existing City Code requirements. The residential use of the site will be required to adhere to the city’s noise ordinances. After construction, noise levels are expected to be at or near existing levels. Comment 8. Did the City of Lino Lakes or Alliant Engineering consult Anoka County to determine property value losses if the cul-de-sac is removed? Response: A property value study is not part of the environmental assessment review. Comment 9. Does Anoka County plan to reassess property value losses and adjust home values and taxes accordingly if Carl Street is connected. Response: Anoka County assesses property on a regular basis, regardless of development. There is no information that suggests a loss in property value. Comment 10. Did the City of Lino Lakes or Alliant Engineering consult with Rice Creek Watershed District on the disruption to the waterways, ditches, and wetlands within the impact area? Response: Yes, the developer has hired a consultant to conduct the wetland delineation and wetland impact permit application of the site per the Wetland Conservation Act, Section 404 of the Clean Water Act regulations. Rice Creek Watershed District is the Local Government Unit that administers the Wetland Conservation Act and has been working closely with the consultant on reviewing any waterway, ditch, and wetland impacts from the proposed development. The wetland delineation report and permit application will need to be formally reviewed and approved by Rice Creek Watershed District, the Board of Soil and Water Resources, the U.S. Army Corps of Engineers and any other regulatory authority on the Technical Evaluation Panel. Comment 11. Many pedestrians, dog walkers, and bicyclists use the path at the end of the cul- de-sac because they feel safe on Carl Street. Children cannot bike or walk on Lilac or 4th St because they both are busy with traffic speeds far over the posted limits. Has this been taken into consideration and are the proposed traffic areas in compliance with the Local Road Research Board (LRRB)? Response: Any proposed improvements to Carl Street would include off-street pedestrian facilities. This would be evaluated as part of future land use approvals. The Local Road Research Board does not establish transportation engineering standards. Comment 12. How will the ACD-10-22 main trunk and BR2 be preserved and protected? 16 Response: The ACD-10-22 main trunk and BR2 will be protected with a minimum 20’ easement that extends out from the top of the ditch bank. Additional buffer and easement width will be evaluated as part of the rezoning and preliminary plat review. Comment 13. How will the vegetation and water conservation be enhanced in the disturbed waterways in the project boundaries? Response: The private ditches within the Project Site will have a minimum 10’ vegetated no mow buffer around them and the public drainage ditches on site will have a mimimum 20’ easement around them to protect them. A series of stormwater basins are proposed on site that are subject to stormwater requirements from the City of Lino Lakes, Rice Creek Watershed District, and the MPCA National Pollutant Discharge and State Disposal System to pre-treat water running off from the surrounding development before it is discharged into any receiving waters. This will improve the water quality of the ditches since they currently receive direct runoff from the sod farm without any pre- treatment. Comment 14. Where in the EAW report can we find information from the MN Dept of Agriculture, the Dept of Hydrogeology or Climatology regarding the sequela of years of accumulation of fertilizers and pesticides from the sod farm land upon our disturbed soil, ground water, and well water? Response: The EAW’s purpose is to focus on the environmental impacts of the proposed development. The existing condition of the property as a sod farm is in compliance with the MN Department of Agriculture guidelines and regulations. The MN Department of Agriculture would be the regulatory agency to contact for this information. In addition, the developer is completing a Phase II Environmental Site Assessment (ESA) that will document site contamination and next steps. If contaminated soils are present that do not meet residential reuse requirements they will be hauled offsite and disposed of per MPCA guidelines. Dust BMPs will be in place during construction to minimize the potential for dust Comment 15. In 1977 the Carl Street residents were assured there would be no Carl St connection and the cul-de-sac would remain. In 1986, 2006, and now, despite the developer’s original concept plan where Carl Street is not mentioned as a variable, would you please clarify as to why Carl Street is repeatedly targeted for change, negatively affecting our property values, safety, well-being, wildlife, creek, and vegetation? Response: The Carl Street connection will be a policy decision from the City Council based on sound engineering judgment. The Carl Street connection has been identified as a through connection in several planning documents (2040 Comprehensive Plan Future Roadway System Figure 6-13, Lino Lakes 2030 Transportation Comprehensive Plan Future Roadway System Figure 6-12, 2001 Lino Lakes Transportation Plan) and right of way was platted from 4th Avenue to Sunset Avenue originally in 1977. 17 Comment 16. The trajectory of land development leads to increased noise, cutting down of trees, causing damage and instability to wildlife, clean water, vegetation, pollinator insects, soil and other ecosystems. Will this result in the formation of “heat islands” caused by those losses and the absorption of more heat by impervious pavement including sidewalks, parking areas and adverse effects on our climate, air and water quality? Response: The current conditions of the Robinson Sod Farm include an existing sod farm agriculture area that consists of a monoculture of sod farm grass and a minimal amount of trees. Additionally, the site is currently not subject to pre-treating water through stormwater basins before the water enters the private and public drainage ditches on site. The proposed residential development will add impervious pavement areas; however, the development will be subject to the local, state, and federal water quality regulations. Among these will be to include stormwater basins to pre-treat water before it enters into any receiving waters on site thus improving water quality leaving the site, including floodplain mitigation on site, and adding landscaping including native vegetation and landscape trees to off-set the potential formation of a “heat island.” In addition the City requires placement of boulevard trees to off-set heat island effects. The City also requires tree and shrubs to be planted within all open space areas. Comment 17. Did the City of Lino Lakes or Alliant Engineering consult with the FAA regarding traffic proximity to the Lino Air Park airstrip? Response: No, and there is no requirement for that. Comment 18. Did the City of Lino Lakes or Alliant Engineering conduct a traffic analysis relevant to headlight penetration onto the Lino Air Park airstrip as this can cause temporary flash blindness? This will be a safety hazard to pilots. Response: This is not evaluated as part of the environmental process. The city does not anticipate that traffic generated by the project would create any safety hazards to the private air strip . Residential development currently abuts the airpark. Comment 19. Has the risk of increased traffic on Carl Street in proximity to the Lino Air Park been considered secondary to vehicle drivers being distracted while watching airplanes take off and land, thus not watching our children playing or residents walking or biking down Carl Street? Response: This is not evaluated as part of the environmental process. Traffic is evaluated as part of the land use approvals and uses sound engineering judgment to make decisions. Comment 20. How was a 2-day traffic study on Carl Street “valid” both in methodology and analysis assuring “statistical significance levels?” Response: The traffic data collection time periods and dates are in compliance with industry standard best practices for traffic impact studies. 18 Comment 21. When is the Planning & Zoning commission conducting a hearing and vote on changing the Robinson property zoning from agricultural to residential? Response: The meeting will be scheduled upon the receipt of a complete land use application, which has not yet been received. 4.2.9 Ann Rudie – September 12, 2022 Comment. Ann lives in the Century Farm neighborhood and has concerns about the safety of young children in the neighborhood with Robinson becoming a thru street to the new development. She states that she is opposed to the project because of the traffic volume increase here. She has proposed three questions about the development: • What has the city done to study the impact of this increase in traffic? • How will the city address the ongoing water quality problem with a project of this size and will new residents be made aware of the manganese issues? • Is there a demonstrated need for more housing? Response: • As part of the EAW, a Traffic Impact Study was conducted to assess the increase in traffic in the area and is included in Appendix F of the EAW. This study was reviewed and approved by the City of Lino Lakes before it was distributed in the EAW. • The City will continue to work on seeking solutions for the high manganese levels in the drinking water and educating the public through the online “Public Water Advisory” section of the City’s website about any updates to the current water quality situation. The City is currently preparing plans and specifications for construction of a water treatment plant that will resolve the manganese issue. • Property owners have a right to development their property in accordance with the City’s Comprehensive Plan and Ordinances. The City of Lino Lake’s 2040 Comprehensive Plan provides projections for the future land use of the City and has split the site into four planned land uses. These include Low Density Residential for the west and south portions of the project and then a mix of Medium Density Residential, High Density Residential, and Planned Residential/Commercial for the central and northern parts of the project. This is based on the future projected population growth of the City and the City’s goals to provide more mixed use housing. 4.2.10 Doug and Cindy Hansen – September 12, 2022 Comment. The Hansen’s live along Carl Street and have proposed the following concerns about the development. These include: • The Robinson Sod Farm development will add to the already stressed municipal sewer and water systems. They are concerned that a negative water management outcome could occur as a result of rapid development in the City. 19 o The Hansen’s would like assurance from the City of Lino Lakes and Council to have a prudent approach including an aggressive water management plan that can handle this addition. • This resident states they were told by the City Engineer of Lino Lakes that when they purchased their property back in 2013, there was no intention of connecting any future residential developments from the sod farm to Carl Street. o Carl Street has also been used as a main walking and bike path since it is not a main thoroughfare and the traffic is limited. Additionally, there is a nature path used daily by Carl Street residents and residents from the surrounding developments. The residents are concerned that a street connection from the Robinson Sod Farm to Carl Street will destroy the nature path and traffic will endanger the humans and wildlife that utilize this area for recreation and habitat. Response: • The City of Lino Lakes requires that developers adhere to the local, state, and federal regulations related to water management. The project developer will need to obtain the necessary permits and approvals from these regulatory authorities prior to development of the site. • The Carl Street connection will be a policy decision from the City Council based on sound engineering judgment. The Carl Street connection has been identified as a through connection in several planning documents (2040 Comprehensive Plan Future Roadway System Figure 6-13, Lino Lakes 2030 Transportation Comprehensive Plan Future Roadway System Figure 6-12, 2001 Lino Lakes Transportation Plan) and right of way was platted from 4th Avenue to Sunset Avenue originally in 1977. 4.2.11 Steven Anderson – September 12, 2022 Comment. Steven states that he has concerns about the proposed development. These concerns include: • The proposed housing development will negatively impact local residents and their properties due to the drainage restructuring required for this housing proposal with buildings, paved streets, driveways, and patios. Without the water retention of the sod farm and increase runoff and potential for flooding, the project could conceivably change the flood status of the area, and threaten existing homes, buildings, and properties. • Strongly recommends that the sod farm become an extension of the Carlos Avery Wildlife area, or some other special green space or park because the proposed development will likely cause irreparable damage to wildlife in the area due to increase herbicide, pesticide, and salt runoff from the new development. • There is a current traffic problem that will evolve from the proposed project. Response: 20 • The public drainage system and most of the private drainage system on site will remain the same. The proposed development is required to meet the stormwater runoff quality and quantity requirements of the City of Lino Lakes, Rice Creek Watershed District, and the MPCA National Pollutant Discharge and State Disposal System (NPDES/SDS). Therefore, the stormwater basins on site will be designed to meet these requirements. Additionally, since the site falls within the 100 year floodplain, the development is required to follow the Rice Creek Watershed District floodplain mitigation requirements and implement on-site floodplain mitigation. These requirements will aide in controlling drainage on site to avoid impacts to the surrounding area. • The current conditions of the site include the use of agriculture fertilizers, a monoculture of sod grass, and a private and public drainage system. The proposed development is expected to add open water features that currently do not exist on site and to plant native vegetation throughout the site. The open water areas can provide fly over habitat for migratory and local waterfowl and the native vegetation can provide additional wildlife habitat that currently does not exist. Thus, there is not expected to be a significant impact to wildlife species with this development. • A Traffic Impact Study located in Appendix F of the report extensively modeled the impact of the proposed development on the surrounding roadways and found that the proposed development is expected to have limited impact on the study area traffic operations with no significant side-street delay or queuing issues. Traffic impacts will be further analyzed during the City rezoning and preliminary plat review process. Any traffic mitigation identified in the review will be implemented with project construction. This will include both vehicular and pedestrian improvements. 4.2.12 Scott Zbikowski – September 13, 2022 Comment. Scott lives a half a block south of the proposed development and states that he has three main concerns: • The impact of the deletion or natural drainage/absorption into the soil since the proposed development has a relatively low elevation with poor drainage. There is great concern about the stress to drainage ditch ACD 10-22-32 since it was not designed for high density housing. The square feet of housing, driveways, streets, and sidewalks greatly effects the natural absorption of natural rainfall • The additional traffic impact this development will have on the surrounding streets. There is concern about the traffic volume onto Sunset Road and 4th Street from the development as both roads are two lanes with no sidewalks. There is a concern about safety unless these roads and those they connect to are improved prior to the development of the proposed development. • There is a safety concern that a Carl Street connection would impact the airpark by adding traffic to this area. Response: 21 • The public drainage system and most of the private drainage system on site will remain the same. The proposed development is required to meet the stormwater runoff quality and quantity requirements of the City of Lino Lakes, Rice Creek Watershed District, and the MPCA National Pollutant Discharge and State Disposal System (NPDES/SDS). Therefore, the stormwater basins on site will be designed to meet these requirements. Additionally, since the site falls within the 100 year floodplain, the development is required to follow the Rice Creek Watershed District floodplain mitigation requirements and implement on-site floodplain mitigation. These requirements will aide in controlling drainage on site to avoid impacts to the surrounding area. • A Traffic Impact Study located in Appendix F of the report extensively modeled the impact of the proposed development on the surrounding roadways and found that the proposed development is expected to have limited impact on the study area traffic operations with no significant side-street delay or queuing issues. Traffic impacts will be further analyzed during the City rezoning and preliminary plat review process. Any traffic mitigation identified in the review will be implemented with project construction. This will include both vehicular and pedestrian improvements. • The city does not anticipate that traffic generated by the project would create any safety hazards to the private air strip and any potential changes would be evaluated as part of future land use approval reviews. 4.2.13 Lisa and Ernst Olsen – September 14, 2022 Comment. Lisa and Ernst provided an email and comments throughout the EAW document. There main concerns are that extending to Carl Street will destroy their existing neighborhood by adding addition traffic to their road and threatening the safety of pedestrians and wildlife. Additionally, they are concerned that their wells and mound system will be destroyed by the proposed development. • Response: The Carl Street connection will be a policy decision from the City Council based on sound engineering judgment. The Carl Street connection has been identified as a through connection in several planning documents (2040 Comprehensive Plan Future Roadway System Figure 6-13, Lino Lakes 2030 Transportation Comprehensive Plan Future Roadway System Figure 6-12, 2001 Lino Lakes Transportation Plan) and right of way was platted from 4th Avenue to Sunset Avenue originally in 1977. The City does not anticipate any impacts to the surrounding resident’s wells and mound system. 4.2.14 Kevin and Tammy Dunrud – September 14, 2022 Comment. Kevin and Tammy state in their letter that they are concerned about the following items: • Concerned that the alteration to 100 plus year drainage complexes in the area will negatively impact the established 100 year floodplain. Currently, the sod farm and 22 surrounding drainage ditches can handle the water drainage and runoff, but with this huge development and the potential rise in the water table, will this continue to be true? • Concerned that their wood foundation home will incur water damage. Has the City of Lino Lakes or Alliant Engineering contacted the Corps of Engineers or the appropriate governing body to determine how the established 100 year floodplain will be impacted by massive water redistribution? Response: • The public drainage system and most of the private drainage system on site will remain the same. The proposed development is required to meet the stormwater runoff quality and quantity requirements of the City of Lino Lakes, Rice Creek Watershed District, and the MPCA National Pollutant Discharge and State Disposal System (NPDES/SDS). Therefore, the stormwater basins on site will be designed to meet these requirements. Additionally, since the site falls within the 100 year floodplain, the development is required to follow the Rice Creek Watershed District floodplain mitigation requirements and implement on-site floodplain mitigation. These requirements will aide in controlling drainage on site to avoid impacts to the surrounding area. • Alliant Engineering has prepared the required floodplain calculations and models for the proposed floodplain mitigation on site per Rice Creek Watershed requirements and submitted this to Rice Creek Watershed District for review and approval. Additionally, Alliant has prepared the required stormwater calculations for the site per Rice Creek Watershed District regulations. This has been sent to Rice Creek Watershed District for review and approval. All stormwater and floodplain calculations and design will be subject to review and approval by the City Engineer, consistent with City requirements, as part of the rezoning and preliminary plat review. 4.2.15 Reilly Anderson – September 15, 2022 Comment. Reilly states that he has concern and is opposed to the proposed development. These concerns include: • The proposed housing development threatens to further fragment the habitats of birds and other wildlife within Anoka County and will add new stressors to the local environment. • As summer weather becomes increasingly extreme and unpredictable, newly constructed impervious surfaces will further stress the local aging drainage systems, threatening the homes and properties of existing area residents with flooding, many of which were built many years ago. • There is concern that the proposed new roads and feeder routes will be ineffective in mitigating the existing traffic issues in the area. The addition of the proposed high density housing will add a critical amount of new motor traffic that will exceed the local infrastructure’s ability to provide safe streets. 23 Response: • The current conditions of the site include the use of agriculture fertilizers, a monoculture of sod grass, and a private and public drainage system. The proposed development is expected to add open water features that currently do not exist on site and to plant native vegetation throughout the site. The open water areas can provide fly over habitat for migratory and local waterfowl and the native vegetation can provide additional wildlife habitat that currently does not exist. Thus, there is not expected to be a significant impact to wildlife species with this development. • The public drainage system and most of the private drainage system on site will remain the same. The proposed development is required to meet the stormwater runoff quality and quantity requirements of the City of Lino Lakes, Rice Creek Watershed District, and the MPCA National Pollutant Discharge and State Disposal System (NPDES/SDS). Therefore, the stormwater basins on site will be designed to meet these requirements. Additionally, since the site falls within the 100 year floodplain, the development is required to follow the Rice Creek Watershed District floodplain mitigation requirements and implement on-site floodplain mitigation. These requirements will aide in controlling drainage on site to avoid impacts to the surrounding area. • A Traffic Impact Study located in Appendix F of the report extensively modeled the impact of the proposed development on the surrounding roadways and found that the proposed development is expected to have limited impact on the study area traffic operations with no significant side-street delay or queuing issues. Traffic impacts will be further analyzed during the City rezoning and preliminary plat review process. Any traffic mitigation identified in the review will be implemented with project construction. This will include both vehicular and pedestrian improvements. 5. FINDINGS OF FACT 5.1 PROJECT DESCRIPTION 5.1.1 Proposed Project 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: o 242 single family detached homes o 315 townhomes 24 • 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: o 263 single family detached homes o 164 townhomes o 280 multi-family units The project is located to the southeast of Sunset Avenue and 125th Ave NE (Main Street, CSAH 14). The project will include new roads, stormwater features, and the installation of municipal sewer and water systems. 5.1.2 Site Description and Existing Conditions The existing conditions present on site include sod farm agriculture that consists of a series of public and private drainage ways. The site has been used for agriculture production for decades. The majority of the site occurs in predominately hydric soil. 5.1.3 Decision Regarding the Potential for Significant Environmental Effects Minnesota Rules 4410.1700, Subp. 7 lists four criteria that shall be considered in deciding whether a project has the potential for significant environmental effects. Those criteria and the City’s findings are presented below. A. Type, Extent, and Reversibility of Environmental Effects Minnesota Rules 4410.1700, Subp (A) indicates the first factor that the City must consider is the “type, extent, and reversibility of environmental effects.” The City’s findings are set forth below. 1. Cover Types The project will convert an approximately 158-acre site consisting predominately of sod farm agriculture land to low, medium, and high density residential development, stormwater infrastructure, lawn/landscaping, and an internal roadway network. 2. Shorelands and Floodplains The majority of the site falls within the 100 year FEMA floodplain area and Rice Creek Watershed District floodplain area. The project is not within or adjacent to a wild and scenic river, critical area, agricultural preserve, or shoreland overlay district. The development is required to follow the Rice Creek Watershed District floodplain mitigation requirements and implement on-site floodplain mitigation. 3. Land Use The project is compatible with surrounding land uses and the City of Lino Lake’s 2040 Comprehensive Plan Update. The 2040 Comprehensive Plan shows the planned land use for the Project Site to be a mix of low, medium, and high residential density. 4. Geology and Soils 25 The grading operations will disturb approximately 158 acres and require an estimated 600,000 cubic yards of grading on-site. Grading activities will construct new roads, building residential pads, and stormwater features. 5. Water Quality Compliance with stormwater requirements will minimize and mitigate potential adverse effects on receiving waters. Project construction will add impervious surface to the site which consists of streets, residential homes, and driveways. Stormwater rate and volume controls will limit increases in runoff volume and associated pollutant transport. Stormwater basins are expected to mitigate potential adverse effects on water quality. 6. Wetlands and Surface Waters The wetland delineation survey was conducted in the summer of 2022 and delineated wetlands and public and private drainage ways on site. The wetland delineation report is currently under review with the Technical Evaluation Panel (TEP) which consists of Rice Creek Watershed District, the Board of Water and Soil Resources (BWSR), Anoka County Conservation District, and the Army Corps of Engineers. If any of these delineated features is impacted on site, the project proponent will need to obtain a Minnesota Wetland Conservation Act and Section 404 of the Federal Clean Water Act permit, and Section 401 Clean Water Act Water Quality Certification. 7. Wastewater The project is expected to produce normal domestic wastewater that will be typical of residential developments and will be designed within the limitations of the existing sanitary sewer system. 8. Hazardous Materials Review of the MPCA and MDA’s “What’s in my Neighborhood” (WIMN) interactive website identified 1 inactive brownfield on the Project Site and one petroleum tank release immediately to the north of the site. A Phase I and Phase II Site Assessment was conducted to analyze contamination on site and the MPCA has reviewed the site. The MPCA has issued a no action letter stating that the extent and magnitude of the release has been defined and does not pose a risk to human health or the environment. In addition to these two areas, there are 10 sites within 0.5 miles of the proposed Project Site as shown in the MPCA’s database. The MPCA’s website indicates that these sites have been properly investigated and managed. Therefore, these sites are not expected to adversely impact the Project Site. Prior to the demolition of the existing farmstead buildings, an asbestos and regulated materials (ARM) assessment will be completed and the MPCA will be notified if asbestos containing material (ACM) are identified during the ARM assessment. 26 9. Ecological Resources The project is expected to convert approximately 158-acres of agriculture into a residential development. The project may disperse less mobile wildlife species during the construction of the residential development, however, changes in wildlife abundance are not expected to be regionally significant. If a threatened and endangered species survey is necessary for the project, it will be completed prior to construction to ensure no species are impacted. As part of the development protective buffers will be created along waterways and open space will be reestablished with native vegetation and trees, creating addition ecological benefits. 10. Historic Resources A search of the Minnesota Archaeological Inventory and Historic Structures Inventory did not identify archaeological sites or historic structures known to exist in the project vicinity. Additionally, the State Historic Preservations Office confirmed no resources present on the site. 11. Visual Resources There are no scenic views or vistas on or adjacent to the Project Site. Substantial effects on visual resources are not anticipated in conjunction with the project development. 12. Noise Local noise levels are expected to increase temporarily during project construction and will impact the nearest sensitive noise receptors including the single family residential homes that border the site to the south. 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. 13. Transportation A Traffic Study was completed in 2022 to analyze the PUD Concept Plan and Yield Plan. Generally, the proposed development is expected to have minimal impact on study area 27 traffic operations. Thus, no geometric or traffic control improvements are required from an operations perspective. Traffic impacts will be further analyzed during the City rezoning and preliminary plat review process. Any traffic mitigation identified in the review will be implemented with project construction. This will include both vehicular and pedestrian improvements. Operations analysis results identify a Level of Service (LOS) which indicates the quality of traffic flow through an intersection. Intersections are given a ranking from LOS A through LOS F. LOS A indicates the best traffic operation with vehicles experiencing minimal delays. LOS F indicates an intersection where demand exceeds capacity, or a breakdown of traffic flow. For through/stop intersections, a key measure of operational effectiveness is side-street LOS. The second component of the traffic operations analysis is a study of vehicular queuing, or the lineup of vehicles waiting to pass through an intersection. Based on the traffic analysis for the site, each study intersection currently operates at overall LOS B during the weekday a.m. and p.m. peak hours. In addition, no significant side-street delay or queuing issues were observed in the field or in traffic simulations. While roadway improvements are not required from a traffic operations or regional transportation system perspective, recommendations have been provided to improve the flow of traffic throughout the development and onto the main connecting streets. B. Cumulative Potential Effects Minnesota Rule 4410.1700, Subp. 7 (B) indicates that the second factor the City must consider is whether the proposed project has potentially significant cumulative effects. This includes “whether the cumulative potential effect is significant, whether the contribution from the project is significant when viewed in connection with other contributions to the cumulative potential effect; the degree to which the project complies with approved mitigation measures specifically designed to address the cumulative potential effect; and the efforts of the project proposer to minimize the contributions from the project.” The City’s findings are described below. The potential cumulative effects on public infrastructure would include impacts to the municipal water supply systems, sanitary sewer conveyance and treatment systems, stormwater management, and traffic and transportation. The City of Lino Lakes has planned for the growth and increased capacity to address these cumulative impacts as outlined in their 2040 Comprehensive Plan. Thus the cumulative effects on public infrastructure is not expected to be significant. Cumulative impacts on natural resources include the loss of agricultural land, loss of wetlands, floodplain alteration, and loss of habitat for wildlife that uses the existing sod farm. Surface 28 water runoff from the site will be discharged prior to discharge into any receiving waters. Additionally, the site is subject to floodplain mitigation requirements due to the alteration of the 100 year floodplain. Stormwater regulations, floodplain mitigation on site, and water quality BMPs are expected to minimize cumulative impacts of post-development runoff on receiving waters. C. Extent to Which Environmental Effects are Subject to Mitigation Minnesota Rule 4410.1700, Subp 7 (C) indicates that a third factor the City must consider is the “extent to which environmental effects are subject to mitigation by ongoing public regulatory authority.” The City’s findings are described in Table 1 below. Environmental effects on water quality, wetlands, and traffic are subject to additional approvals and/or mitigation through requirements of local, state, and federal regulations, ordinances, management plans, and permitting processes. Potential environmental effects associated with this project will be mitigated in accordance with applicable rules and regulations. The following permits and approvals are required for the project addressed under the EAW. Table 4 (in EAW). Required Permits and Approvals for the Proposed Project Unit of Government Types of Application Status Federal U.S. Army Corps of Engineers (USACE) Clean Water Act Section 404 Permit To be submitted State Minnesota Department of Health (MDH) Watermain Extension Permit To be submitted Minnesota Department of Natural Resources (MN DNR) Water Appropriation Permit (Construction Dewatering) To be submitted Conditional Letter of Map Revision (CLOMR) To be submitted, if necessary Permit for the Take of Endangered or Threatened Species If needed Minnesota Pollution Control Agency (MPCA) National Pollution Discharge Elimination System (NPDES)/State Disposal System (SDS) General Permit To be submitted Sanitary Sewer Extension Approval To be submitted Section 401 Water Quality Certification or Waiver To be submitted 10-day Demolition Notification If needed Local Rice Creek Watershed District Wetland Conservation Act Delineation Boundary Concurrence To be submitted 29 Unit of Government Types of Application Status Federal 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 D. Extent to Which Environmental Effects can be Anticipated and Controlled Minnesota Rules 4410.1700, Subp 7 (D) indicates the final factor the City must consider is the “extent to which environmental effects can be anticipated and controlled as a result of other environmental studies undertaken by public agencies or the project proposer, including other EISs.” The City’s findings are set forth below. 1. The proposed project design, plans, EAW, related studies, and mitigation measures apply knowledge, approaches, standards, and best management practices gained from previous experience and projects that have, in general, successfully mitigated potential offsite environmental effects. 2. The EAW, in conjunction with this document, contains or references the known studies that provide information or guidance regarding environmental effects that can be anticipated and controlled. 3. Other project studies under environmental reviews in Minnesota have included studies and mitigation measures comparable to those included in this EAW. 4. There are no elements of the project that pose the potential for significant environmental effects that cannot be addressed by the project design, assessment, permitting, and development processes, and by ensuring conformance with regional and local plans. 5. The environmental effects of this development can be anticipated and controlled by the permit application and review processes of the City, Watershed District, and others. 30 6. The City of Lino Lakes finds that the environmental effects of the project can be adequately anticipated and controlled given the results of the environmental review and permitting process. 6. RECORD OF DECISION Based on the EAW, the response to comments, and the Findings of Fact, the City of Lino Lakes, the RGU for this environmental review, concludes the following: 1. The EAW was prepared in compliance with the procedures of the Minnesota Environmental Policy Act and Minnesota Rules, Parts 4410.1000 to 4410.1700 (2015); 2. The EAW satisfactorily addressed the issues for which existing information could have been reasonably obtained; 3. Based on the criteria established in Minnesota Rules 4410.1700, the project does not have the potential for significant environmental effects; 4. The City makes a “Negative Declaration,” and 5. An EIS is not required. ENVIRONMENTAL ASSESSMENT WORKSHEET // Wozniak South Residential Development PAGE 31 Appendix A AGENCY AND PUBLIC COMMENTS SUBMITTED TO THE CITY OF LINO LAKES MINNESOTA STATE HISTORIC PRESERVATION OFFICE 50 Sherburne Avenue ▪ Administration Building 203 ▪ Saint Paul, Minnesota 55155 ▪ 651-201-3287 mn.gov/admin/shpo ▪ mnshpo@state.mn.us AN EQUAL OPPORTUNITY AND SERVICE PROVIDER September 9, 2022 Katie Larsen, City Planner City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014-1182 RE: EAW – Robinson Sod Farm T31 R22 S7, Lino Lakes, Anoka County SHPO Number: 2022-2393 Dear Katie Larsen: Thank you for providing this office with a copy of the Environmental Assessment Worksheet (EAW) for the above-referenced project. Based on our review of the project information, we conclude that there are no properties listed in the National or State Registers of Historic Places, and no known or suspected archaeological resources located in the area that will be affected by this project. Please note that this comment letter does not address the requirements of Section 106 of the National Historic Preservation Act of 1966 and 36 CFR § 800. If this project is considered for federal financial assistance, or requires a federal permit or license, then review and consultation with our office will need to be initiated by the lead federal agency. Be advised that comments and recommendations provided by our office for this state-level review may differ from findings and determinations made by the federal agency as part of review and consultation under Section 106. Please contact Kelly Gragg-Johnson, Environmental Review Program Specialist, at kelly.graggjohnson@state.mn.us if you have any questions regarding our review of this project. Sincerely, Sarah J. Beimers Environmental Review Program Manager September 13, 2022 Katie Larsen City Planner City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014-1182 Re: Robinson Sod Farm Environmental Assessment Worksheet Dear Katie Larsen: Thank you for the opportunity to review and comment on the Environmental Assessment Worksheet (EAW) for the Robinson Sod Farm project (Project) located in Lino Lakes, Anoka County, Minnesota. The Project consists of a new residential development. Regarding matters for which the Minnesota Pollution Control Agency (MPCA) has regulatory responsibility and other interests, the MPCA staff has the following comments for your consideration. Permits and Approvals (Item 8) In accordance with Minnesota Statutes, the Project should include the MPCA as a regulator of all surface waters as defined by Minn. Stat. § 115.01, subd. 22 Waters of the state. Even though there may be surface waters that are determined to be US Army Corps of Engineers non-jurisdictional or exempt from the Wetland Conservation Act, all surface waters are regulated by the MPCA, and any surface water impact needs to be described in the application and may require mitigation. The scope of a Clean Water Act Section 401 Certification is limited to assuring that a discharge from a federally licensed or permitted activity will comply with water quality requirements. In addition, the applicant must also submit to the MPCA the Antidegradation Assessment in accordance with water quality standards Minn. R. 7050.0265 and should review the Antidegradation requirements in 7050.0285. The 401 Water Quality Certification becomes an enforceable component of the associated federal license or permit, issued under either Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act. The scope of a Clean Water Act Section 401 Certification is limited to assuring that a discharge from a federally licensed or permitted activity will comply with water quality requirements. For further information about the 401 Water Quality Certification process, please contact Bill Wilde at 651-757-2825 or william.wilde@state.mn.us. Water Resources (Item 11) Stormwater • The EAW states the proposed 158-acre residential development is in a 100-year floodplain. The EAW indicates that soil remediation for the construction will be required due to predominately hydric soils on the site and stormwater ponds will be constructed in lieu of infiltrating stormwater to meet volume reduction requirements. Katie Larsen Page 2 September 13, 2022 • The EAW should consider climate risks associated with increased rainfall regarding the proposed development that could result in the potential for increased flood risk. Filling of wetlands at the site and adding large areas of impervious surfaces is likely to alter the natural hydrology and increase this risk. Efforts to reduce stormwater volume and provide more climate resiliency should be considered. The Project proposer is strongly encouraged to utilize Low Impact Development strategies such as reducing impervious surfaces through use of narrower streets and sidewalks, stormwater reuse and green infrastructure practices to promote retention of stormwater on the site while also providing other environmental benefits. • During construction, the MPCA National Pollutant Discharge Elimination System/State Disposal System (NPDES/SDS) Construction Stormwater Permit (CSW Permit) requires preservation of the existing 50 feet of natural buffer to wetlands on the site. If the existing buffer must be encroached to complete the construction, then redundant (double) down gradient sediment controls must be utilized to protect the wetlands. Questions regarding Construction Stormwater Permit requirements should be directed to Roberta Getman at 507-206-2629 or Roberta.Getman@state.mn.us. Contamination/Hazardous Materials/Wastes (Item 12) Please be aware that farmsteads have the potential for releases or threatened releases of agricultural chemicals. The Minnesota Department of Agriculture (MDA) is the regulatory agency charged with managing the response and cleanup of fertilizers and pesticides. Information regarding the MDA is available on the website at: https://www.mda.state.mn.us/pesticide-fertilizer/spills-cleanup. For questions regarding agricultural chemicals, please contact Cathy Villas-Horns with the MDA at 651-201-6697. For questions regarding waste pesticide containers, please contact Jane Boerboom with the MDA at 651-201-6540. Other Potential Environmental Effects (Item 20) Please note that chloride (salt) is a growing issue for lakes, streams, and groundwater around the state. Chloride can come from both de-icing salt and water softener salt. For the proposed Project, the MPCA recommends smart salting practices for de-icing streets and driveways during the winter weather months and water softening best practices be used year-round. Additional resources are available at: https://www.pca.state.mn.us/business-with-us/statewide-chloride-resources. Katie Larsen Page 3 September 13, 2022 We appreciate the opportunity to review this Project. Please provide your specific responses to our comments and notice of decision on the need for an Environmental Impact Statement. Please be aware that this letter does not constitute approval by the MPCA of any or all elements of the Project for the purpose of pending or future permit action(s) by the MPCA. Ultimately, it is the responsibility of the Project proposer to secure any required permits and to comply with any requisite permit conditions. If you have any questions concerning our review of this EAW, please contact me by email at Karen.kromar@state.mn.us or by telephone at 651-757-2508. Sincerely, Karen Kromar This document has been electronically signed. Karen Kromar Planner Principal Environmental Review Unit Resource Management and Assistance Division KK:rs cc: Dan Card, MPCA, St. Paul Roberta Getman, MPCA, Rochester Bill Wilde, MPCA, St. Paul Cathy Villas-Horns, MDA, St. Paul Jane Boerboom, MDA, St. Paul Metropolitan Council (Regional Office & Environmental Services) 390 Robert Street North, Saint Paul, MN 55101-1805 P 651.602.1000 | F 651.602.1550 | TTY 651.291.0904 metrocouncil.org An Equal Opportunity Employer September 13, 2022 Katie Larsen, City Planner City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 RE: City of Lino Lakes – Environmental Assessment Worksheet (EAW) – Robinson Sod Farm Metropolitan Council Review No. 22797-1 Metropolitan Council District No. 11 Dear Katie Larsen: The Metropolitan Council received the EAW for the Robinson Sod Farm project in the City of Lino Lakes on August 9, 2022. The proposed development consists of 158 acres with a mix of low, medium, and high density residential development located southeast of Sunset Avenue and 125th Avenue NE (CSAH 14). The EAW addresses two potential site plans for the project: the PUD Concept Plan and the Yield Plan. The PUD Concept Plan is expected to consist of 557 units with 242 single family lots and 315 townhomes and the Yield Plan is expected to consist of 707 units with 263 single family lots, 164 townhomes, and 280 multi-family units. The staff review finds that the EAW is complete and accurate with respect to regional concerns and does not raise major issues of consistency with Council policies. An EIS is not necessary for regional purposes. We offer the following comments for your consideration. Item 6 – Project Description – Forecasts (Todd Graham, 651-602-1322) Either of the two scenarios presented could yield development beyond previous expectations. The communitywide forecast for Lino Lakes continues to offer growing room. However, the allocation of the forecast to sub city zones can be revised as needed. The EAW site is the northern half of Transportation Analysis Zone #182. At this time, the City’s 2040 Comprehensive Plan expects TAZ #182 to gain +340 households and +853 population during 2020-2040. Should the subject development proceed, several hundreds of excess households would result. City staff can request a TAZ allocation adjustment by contacting Council Research staff. Item 6 – Project Description – Housing (Hilary Lovelace, 651-602-1555) Council staff note that any changes to guiding land use, including changes to percent residential and minimum allowable density, may create inconsistency with regional housing policy and impact the City’s ability to participate in Livable Communities Act Programs. Please contact Council staff with any questions. Page - 2 | September 13, 2022 | METROPOLITAN COUNCIL Item 9 – Land Use – Regional Parks and Trails (Colin Kelly, 651-602-1361) A planned unit of the Regional Parks System – the Central Anoka County Regional Trail – is immediately adjacent to the project site. Council staff encourages Integrate Properties, LLC and the City of Lino Lakes to coordinate with Anoka County prior to and during any future construction activities to ensure there are no permanent impacts to the planned regional trail as a result of either of the two site plan alternatives discussed. Item 11aii – Water Resources – Groundwater (Lanya Ross, 651-602-1803) The project site is located in the North and East Groundwater Management Area (https://www.dnr.state.mn.us/gwmp/area-ne.html) designated by the Minnesota Department of Natural Resources. Given the range of water supply challenges (quantity and quality) that exist in this part of the metro, the Council encourages the City to collaborate with state partners and/or neighboring communities when expanding or developing new water supplies in this area. Item 11bii – Water Resources – Stormwater (Joe Mulcahy, 651-602-1104) This appears to be a difficult site for intensive development due to a predominance of hydric soils, high water table, wetlands, presence of county and private ditches, and location in the 100-year flood plain. Many of the soil associations listed for the site have severe limitations for dwellings with basements and roadways. The EAW states that the project will result in 50-60 acres of impervious surface and runoff will be treated with stormwater basins. Taken together, these conditions indicate that the site is a poor candidate for the proposed development. If the proposer is determined to pursue this project, they should work closely with the City and Rice Creek Watershed District to address all these concerns before proceeding. This concludes the Council’s review of the EAW. The Council will not take formal action on the EAW. If you have any questions or need further information, please contact Katelyn Champoux, Principal Reviewer, at 651-602-1831 or via email at katelyn.champoux@metc.state.mn.us. As always, you can also contact your Sector Representative, Patrick Boylan, at 651-602-1438 or via email at patrick.boylan@metc.state.mn.us. Sincerely, Angela R. Torres, AICP, Senior Manager Local Planning Assistance CC: Tod Sherman, Development Reviews Coordinator, MnDOT - Metro Division Susan Vento, Metropolitan Council District 11 Patrick Boylan, Sector Representative Katelyn Champoux, Principal Reviewer Reviews Coordinator N:\CommDev\LPA\Communities\Lino Lakes\Letters\Lino Lakes 2022 Robinson Sod Farm EAW 22797-1.docx 1 Division of Ecological and Water Resources Transmitted by Email Region 3 Headquarters 1200 Warner Road Saint Paul, MN 55106 September 15, 2022 Katie Larsen, City Planner City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014-1182 Dear Katie Larsen, Thank you for the opportunity to review the Robinson Sod Farm Environmental Assessment Worksheet (EAW) in Anoka County. The DNR respectfully submits the following comments for your consideration: 1. Page 6, Permits and Approvals. Please include a DNR Permit to Take in the list of required permits and approvals. Protected state-listed species have been identified in the project vicinity. The need for a Permit to Take will be determined as the proposer works through the rare plant survey process. 2. Page 12, Wastewater. The proposed plan to add 557 and even up to 707 residential units would presumably add a comparable number of residential water softeners due to the water hardness levels of the City of Lino Lakes municipal water supply. Many Minnesota municipalities are wrestling with high chloride levels in their wa stewater (See this recent study on sources of chloride in Minnesota). Chloride is one of the components of salt, which is used in forms such as sodium chloride (table salt), calcium chloride and magnesium chloride (road salts). Sodium chloride is commonly used in home water softeners and by water treatment plants to treat “hard” water. Minnesota generally has groundwater with high levels of calcium and magnesium that must be removed through softening in order to improve taste and prevent lime scale buildup in appliances, pipes and water fixtures. The majority of home water softeners use sodium chloride (NaCl) in a softening process that replaces calcium and magnesium ions with sodium, while the chloride ions are discharged in the wastewater and eventually end up in the environment. Each community needs to determine which tool is appropriate for their situation. This factsheet suggests ways for homeowners to optimize their water softener salt use, while this link provides resources for cities and examples of how other communities in Minnesota are addressing their high chloride levels. We suggest that as this development moves forward, the City of Lino Lakes consider what strategies can be used to minimize chloride use. 2 3. Page 13, Post-Construction Runoff. Blanding’s turtles, a protected state-listed threatened species, have been documented within the project area. Stormwater features may be colonized by Blanding’s turtles in the area, therefore we recommend incorporating measures to avoid impacting this species into stormwater management. In years when the stormwater features will be dredged to remove excess sediment, please draw down water levels by September 15th in order to allow turtles to find overwintering habitat elsewhere. 4. Page 13, Post-Construction Runoff. We recommend that BWSR-approved, weed-free, native seed mixes be used to the greatest degree possible in stormwater features in order to provide pollinator habitat. 5. Page 13, Post-Construction Runoff. The planned increase in impervious surfaces will also increase the amount of road salt used in the project area . Chloride released into local lakes and streams does not break down, and instead accumulates in the environment, potentially reaching levels that are toxic to aquatic wildlife and plants. Consider promoting local business and city participation in the Smart Salting Training offered through the Minn esota Pollution Control Agency. There are a variety of classes available for road applicators, sidewalk applicators, and property managers. More information and resources can be found at this website. Many winter maintenance staff who have attended the Smart Salting training — both from cities and counties and from private companies — have used their knowledge to reduce salt use and save money for their organizations. We also encourage cities and counties to consider how they may participate in the Statewide Chloride Management Plan and provide public outreach to reduce the overuse of chloride. Here are some educational resources for residents as well as a sample ordinance regarding chloride use. 6. Page 20, Rare Features. This section of the EAW lists the rare species identified in the DNR Natural Heritage Review, but does not include or discuss DNR requirements regarding these species. The statement that, “There are no state listed species within the project site” is incorrect. The Natural Heritage Review letter has concerns about two state-listed species that may occur within the site. The lack of known occurrences within the project boundary does not mean that these species do not use the area. Minnesota’s Endangered Species Statute (Minnesota Statutes, section 84.0895) and associated Rules (Minnesota Rules, part 6212.1800 to 6212.2300 and 6134) prohibit the take of threatened or endangered species without a permit.  Swamp Blackberry (Rubus semisetosus), a state-listed endangered species, has been documented in the vicinity of the project. A qualified surveyor needs to conduct a botanical survey if any shrub removal is associated with the proposed project . Surveys must be conducted by a DNR approved surveyor (see attached list) and follow the standards contained in the Rare Species Survey Process and Rare Plant Guidance. Project planning should take into account that any botanical survey needs to be conducted during the appropriate time of the year, which may be limited. Please consult with the NH Review Team (Reports.NHIS@state.mn.us) regarding this process. 3  Blanding’s turtles (Emydoidea blandingii), a state-listed threatened species, have been documented in the vicinity of the proposed project. As such, the following avoidance measures are required: o Avoid wetland impacts during hibernation season, between October 15th and April 15th, unless the area is unsuitable for hibernation. o The use of erosion control blanket shall be limited to ‘bio-netting’ or ‘natural- netting’ types, and specifically not products containing plastic mesh netting or other plastic components.  Also, be aware that hydro-mulch products may contain small synthetic (plastic) fibers to aid in their matrix strength. These loose fibers could potentially re-suspend and make their way into Public Waters. As such, please review mulch products and not allow any materials with synthetic (plastic) fiber additives in areas that drain to Public Waters. o Areas where there will be construction should be checked for turtles before the use of heavy equipment or any ground disturbance. o The Blanding’s turtle flyer must be given to all contractors working in the area. o Monitor for turtles during construction and report any sightings to the DNR Nongame Specialist, Erica Hoaglund (Erica.Hoaglund@state.mn.us). o If turtles are in imminent danger they must be moved by hand out of harm’s way, otherwise, they are to be left undisturbed.  If the above avoidance measures are not possible, please contact Samantha Bump (Samantha.Bump@state.mn.us) as further action may be needed.  For additional information, see the Blanding’s turtle fact sheet, which describes the habitat use and life history of this species. The fact sheet also provides two lists of recommendations for avoiding and minimizing impacts to this rare turtle. Please refer to both lists of recommendations and apply those that are relevant to your project. For further assistance regarding the Blanding’s turtle, please contact the DNR Regional Nongame Specialist, Erica Hoaglund. For additional information, see the Blanding’s turtle fact sheet, which describes the habitat use and life history of this species. The fact sheet also provides two lists of recommendations for avoiding and minimizing impacts to this rare turtle. Please refer to both lists of recommendations for your project. 7. Page 25, Dust and Odors. If water for dust control is taken from a lake, river, or stream in volumes that exceed 10,000 gallons per day, or one million gallons per year, then a DNR Water Appropriations Permit will be required. Thank you again for the opportunity to review this document. Please let me know if you have any questions. Sincerely, 4 Melissa Collins Regional Environmental Assessment Ecologist | Ecological and Water Resources Minnesota Department of Natural Resources Phone: 651-259-5755 Email: melissa.collins@state.mn.us CC: Ian Peterson, Integrate Properties Equal Opportunity Employer From:Katie Larsen To:Nicki Roland Ecker Subject:RE: Main/Sunset Development Attachments:image002.jpg Hi Nicki, Thank you for your comments. You can learn more about the proposed Robinson Sod Farm development by reviewing the Environment Assessment Worksheet on the City’s website at https://linolakes.us/459/Public-Review-Documents. After Council review of the EAW in October, the developer may proceed forward with preliminary plat and development plans. Formal public hearings will be held during the preliminary plat process. I don’t have a schedule for that yet as it will depend on when the developer submits their application. Thank you, Katie A. Larsen, AICP City Planner 600 Town Center Pkwy Lino Lakes, MN 55014-1182 Direct 651-982-2426 Fax 651-982-2499 klarsen@linolakes.us logo transparent copy From: Nicki Roland Ecker <nicole.r.roland@gmail.com> Sent: Thursday, August 25, 2022 11:29 AM To: Katie Larsen <KLarsen@linolakes.us> Subject: Main/Sunset Development Caution: This email originated outside our organization; please use caution. Hi Katie, how are you? I saw this article and am wondering how to stay informed about it? This would be a devastating addition to our already under-supported schools and infrastructures. We already have too fast much traffic (ie Birch. Main Main Street), a hodge podge high school building and large class sizes. We don’t want to be the next Woodbury. The houses in Northpoint (houses stacked on top of another), overcrowded CVE are exactly what we don’t want. We want land, green space and to be away from the crowded cities we moved away from. https://www.bizjournals.com/twincities/news/2022/08/24/integrate-homes-lino-lakes-eden- prairie.html Thanks for your insight & consideration in keeping Lino Lakes a desirable community for those who already live here. Nicki From:Katie Larsen To:Anna J Subject:RE: Robinson Development Attachments:image003.jpg Hi Anna, Thank you for your comments. You can learn more about the proposed Robinson Sod Farm development by reviewing the Environment Assessment Worksheet on the City’s website at https://linolakes.us/459/Public-Review-Documents. After Council review of the EAW in October, the developer may proceed forward with preliminary plat and development plans. Formal public hearings will be held during the preliminary plat process. I don’t have a schedule for that yet as it will depend on when the developer submits their application. Thank you, Katie A. Larsen, AICP City Planner 600 Town Center Pkwy Lino Lakes, MN 55014-1182 Direct 651-982-2426 Fax 651-982-2499 klarsen@linolakes.us logo transparent copy From: Anna J <atjungbauer@gmail.com> Sent: Thursday, August 25, 2022 11:40 AM To: Katie Larsen <KLarsen@linolakes.us> Subject: Robinson Development Caution: This email originated outside our organization; please use caution. Hi Katie, I am a Lino Lakes citizen and just read in the business journal about the Robinson development. I am curious how to find out how this will impact all of our city resources adding that many homes and people. Roads, schools, public safety resources etc. Can you point me in the right direction to learn more? I hit a pay wall in the article but if I read it right there is still opportunities for this to go to public hearing and city council must approve it. Myself and some neighbors are concerned with these massive developments being put in, without the builders being on the hook for the schools for the families their developments bring and the current citizens will only have to then battle over school levy $ and increased property taxes. Thanks, Anna From:Katie Larsen To:Justin Carver Subject:RE: Robinson Sod Farm (EAW) Attachments:image003.jpg Morning Justin, You can learn more about the proposed Robinson Sod Farm development by reviewing the Environment Assessment Worksheet on the City’s website at https://linolakes.us/459/Public-Review- Documents. After Council review of the EAW in October, the developer may proceed forward with preliminary plat and development plans. Formal public hearings will be held during the preliminary plat process. I don’t have a schedule for that yet as it will depend on when the developer submits their application. If you have additional questions, certainly feel free to give me a call. Thank you, Katie A. Larsen, AICP City Planner 600 Town Center Pkwy Lino Lakes, MN 55014-1182 Direct 651-982-2426 Fax 651-982-2499 klarsen@linolakes.us logo transparent copy From: Justin Carver <justcarve20@yahoo.com> Sent: Friday, August 26, 2022 9:09 PM To: Katie Larsen <KLarsen@linolakes.us> Subject: Robinson Sod Farm (EAW) Caution: This email originated outside our organization; please use caution. Hello Katie, My friends that live down the street from me have showed me the letter they received from The City of Lino Lakes referencing the potential new build of 707 units on the Robinson Sod Farm. I did not receive such notice. My address is 65 Century Trail. I have many questions and concerns with what I've read in this letter. Can you please call me to discuss when you're available. Justin Carver 651-307-8183 Thank you! From:Morgan C. To:Katie Larsen Cc:Nick Lahood Subject:Robison Sod Farm Date:Thursday, August 25, 2022 6:45:36 PM Caution: This email originated outside our organization; please use caution. Hi Katie, I live over on Stallion Lane. I think adding 707 units to that sod field is just outrageous when there was just 2 new developments placed by the elementary and just across the sod field. This will cause overcrowding, and has there been any thought that this could cause an increase into classroom sizes at the elementary school? The only way I would support this is if there is less units placed and a pool is added which our HOA could have access to. Thanks, Morgan and Nicholas LaHood 165 Stallion Lane Lino Lakes, MN 55014 Sent from my iPhone From:Mike Trudeau To:Katie Larsen Subject:RE: Robinson Sod farm development question Date:Tuesday, August 30, 2022 6:27:10 PM Attachments:image001.gif image002.jpg Caution: This email originated outside our organization; please use caution. Thanks Katie – that is very helpful! does not look like townhomes going in behind me, but perhaps I am reading it wrong. With increased traffic perhaps they will need another exit to the north onto main. Otherwise Robinson Drive will become a mini-highway! Thanks for your direction – appreciate it! MT Michael G Trudeau, CFP®, FIC Wealth Advisor Northstar Advisor Group Edgewater Team CA License: 4150818 6776 Lake Dr Ste 160 Lino Lakes, MN 55014 O 1-651-288-7580 C 1-651-402-9578 F 1-651-288-7599 Book a meeting with Michael G Trudeau Zoom From: Katie Larsen <KLarsen@linolakes.us> Sent: Tuesday, August 30, 2022 9:20 AM To: Mike Trudeau <Mike.Trudeau@Thrivent.com> Subject: RE: Robinson Sod farm development question Morning Mike, The letter referenced the City website. https://linolakes.us/459/Public-Review-Documents. It’s a 438 page documents but don’t be intimidated! About 400 pages are the appendices. See page 37 and 38 for the maps. Let me know if you have any questions. Thanks, Katie A. Larsen, AICP City Planner 600 Town Center Pkwy Lino Lakes, MN 55014-1182 Direct 651-982-2426 Fax 651-982-2499 klarsen@linolakes.us logo transparent copy From: Mike Trudeau <Mike.Trudeau@Thrivent.com> Sent: Monday, August 29, 2022 5:37 PM To: Katie Larsen <KLarsen@linolakes.us> Subject: RE: Robinson Sod farm development question Caution: This email originated outside our organization; please use caution. Thank you Katie for your insight! Can you point me to where I can find the PDFs for the EAW/PUD? I would love to see the figures you are referencing below. Thanks again! Mike Michael G Trudeau, CFP®, FIC Wealth Advisor Northstar Advisor Group Edgewater Team CA License: 4150818 6776 Lake Dr Ste 160 Lino Lakes, MN 55014 O 1-651-288-7580 C 1-651-402-9578 F 1-651-288-7599 Book a meeting with Michael G Trudeau Zoom From: Katie Larsen <KLarsen@linolakes.us> Sent: Monday, August 29, 2022 2:36 PM To: Mike Trudeau <Mike.Trudeau@Thrivent.com> Subject: RE: Robinson Sod farm development question Hi Mike, Per the EAW, Figure 2. PUD Concept Plan shows a 557 unit development with single family homes behind your Robinson Drive single family homes. Figure 3. Yield Plan shows a 707 unit development with single family homes and townhomes behind Robinson Drive. There are no apartments proposed behind Robinson Drive. Take a look at the EAW concepts and you’ll get an idea as to what is being contemplated. As the project moves forward, the developer will submit a PUD Development Stage Plan/Preliminary Plat that will better define the project. Public hearings will be held and notices will be sent again to property owners in the area for additional comments. Certainly let me know if you have any more questions. Your new building seems to be coming along nicely and is looking good! Thanks, Katie A. Larsen, AICP City Planner 600 Town Center Pkwy Lino Lakes, MN 55014-1182 Direct 651-982-2426 Fax 651-982-2499 klarsen@linolakes.us logo transparent copy From: Mike Trudeau <Mike.Trudeau@Thrivent.com> Sent: Monday, August 29, 2022 1:40 PM To: Katie Larsen <KLarsen@linolakes.us> Cc: Mike Trudeau <Mike.Trudeau@Thrivent.com> Subject: Robinson Sod farm development question Caution: This email originated outside our organization; please use caution. Hi Katie, Thank you for your help with our project off Hodgson. I know it was a lot to develop such a small parcel, but appreciate your work on it. The building is coming along nicely! So, I guess I can’t be one to complain about a development…right? I live at 87 Robinson Dr., and got the recent letter RE development of 707 units on the Robinson sod farms (right behind my house). My question is – will the plans be to include single family housing on the west side of the property, and put the town homes/higher density units on the east side? This would align with having single family abut to single family. Which would likely not harm my property value. However, if an apartment went in behind my home, I would think that would very much hurt my value. Can you give me any insight as to where in the parcel would be anticipated locations of single family/townhomes/apartments? We built in 2017 knowing this eventually would happen…but there was great concern when we got the letter, to think that an apartment could be behind us vs more nice single family homes. I would strongly encourage the city to put the single family units abutting to the single family that is currently there, and keep the higher density stuff over where the current town homes are, if that is possible. Let me know what you think, thanks so much! Mike Trudeau Michael G Trudeau, CFP®, FIC Wealth Advisor Northstar Advisor Group Edgewater Team CA License: 4150818 6776 Lake Dr Ste 160 Lino Lakes, MN 55014 O 1-651-288-7580 C 1-651-402-9578 F 1-651-288-7599 Book a meeting with Michael G Trudeau Zoom Please do not use email to request, authorize, or affect the purchase or sale of any security or insurance product or service, to send fund transfer instructions, or to effect any other transactions, as we are not authorized to accept these requests in an electronic format. Any such requests, orders, or instructions that you send will not be accepted and will not be processed. 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ThriventDisclaimer1299457 1 Keara Fehr From:Mara Lipinski <megror04@yahoo.com> Sent:Monday, September 5, 2022 7:07 PM To:Katie Larsen Subject:Robinson Sod Farm Caution: This email originated outside our organization; please use caution. Hello Katie, I have a few comments regarding the potential development of the Robinson Sod Farm. I don't think it would be wise to create such a large development when the city of Lino Lakes has a hard time keeping up with maintaining the current small development. In fact, the city has point blank told us that they have so many trails to maintain that they forget about ours. They don't mow the boulevard as often as they should (subsection 904 states this should be less than 8 inches), they have trail over hang that isn't cut back, they don't replace dead trees (which we were informed this summer is the city's job), and they rarely snow blow in the winter (subsection 907.03, public nuisances affecting peace and safety-snow must be removed 12 hours after snowfall has stopped, the city has never done this). The pictures below are only a sampling and does not include all. 2 3 4 5 6 7 8 9 10 Thank you, Current resident Sent from Yahoo Mail on Android From:Cindy Hansen To:Katie Larsen Subject:Robinson Sod Farm EAW Date:Tuesday, September 13, 2022 2:40:02 PM Caution: This email originated outside our organization; please use caution. Doug and Cindy Hansen 296 Carl Street Lino Lakes, MN 55014 September 12, 2022 Katie Larsen City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 Dear Ms. Larsen, Please accept this as public comment in response to the Environmental Assessment Worksheet for the proposed Robinson Sod Farm development. In review, the proposal is for approximately 700 municipal sewer and water systems in this development. In Lino Lakes, we already are prohibited from watering 6:00 am to 6:00 pm - 365 days a year and even tighter restrictions are in place from May through September. Just recently, the DNR gave notice to the City requesting that Lino Lakes implement a total irrigation ban. Due to high levels of manganese found in its wells, Lino Lakes was forced to shut one down and operate two wells at a lower pumping rate to service our city. With the Robinson Sod Farm development, over 700 units will be added to this already stressed system. We would like assurance that the City of Lino Lakes and Council have a prudent approach including an aggressive water management plan that can handle this addition. We were shocked to discover that Lino Lakes, as a city of this size, is just in the preliminary phase of a water treatment plant. The City of Blaine is experiencing the results of rapid development, dealing with well interference and may incurred the cost of replacing well pumps and/or drilling new wells in Blaine and Ham Lake for private well owners. We would hate to see the same outcome for the Lino Lakes taxpayers. Another Environmental Impact that must be considered is the nature path that is used daily not only by Carl Street residents but, also residents from surrounding developments. Carl Street has been a main walking and bike path for decades for people of all ages along with their pets. It is a safe zone since it is not a main thoroughfare and traffic is limited. The alternative is Lilac Street which does not have a continuous sidewalk or a bike path. Children have to ride their bikes with traffic - which is posted at 50 mph - to cross from one development to another. With the Robinson development, there is the proposed access to Carl Street and in one plan the distruction of two well established cul-de-sacs on Carl Street and making it a main thoroughfare. In developments where the City of Lino Lakes has planned for a road to be continued, they have posted signs to indicate their intent. This has not been the case on the two Carl Street cul-de-sacs. The only posted signage was put up only a few years ago with concerns of pet waste and prohibiting motorized vehicles. People are not the only ones using the Carl Street walking path. Two sets of Sandhill Cranes literally walk side by side down the middle of Carl Street and continue on the path while a pair of Bald Eagles watch from our Cottonwood tree. Endangered Monarch butterflies, bees, and hummingbirds have been thriving in my gardens and down the path as they have pollinated this area spreading milkweed, bee balm and their other favorites. Hawks circle above hunting the inhabitants of the area between the two cul-de-sacs and overflow pond. The five deer that surrounded our car on Christmas Eve surprised us all! The residents of Carl Street are aware of these activities and drive accordingly and very cautiously. If Carl Street is connected with the Robinson development or is forced to have two cul-de-sacs removed and the street connected, this path will be destroyed and traffic, including heavy trucks, will be going 50 mph endangering all living things. It has been proven that even if posted 30 mph, vehicles will be going closer to 50 mph as in the other cases in Lino Lakes. If the City forces the connection of the Robinson development with Carl Street, we can only pray that a child riding a bike or a vehicle driver will not be distracted or looking at a plane instead of watching where they are going and there is a fatality. It is our understanding that there was only a 2 day study of Carl Street. This neighborhood has data for for over 30 years. As Anoka County and the City of Lino Lakes are aware, this is a designated Air Park. This is a serious safety and environmental concern. If Carl Street access is granted, it will have a detrimental impact on the existing surrounding residential developments. As it is now, it is a nature walk. Three neighbors each mow three different areas including the path and the North side of Carl Street. We planted 5- 5 foot pine trees on the south side of the path to add to the aesthetics of this nature walkway 9 years ago. Prior to purchasing our property in 2013, the City Engineer told us that the City of Lino Lakes had no intentions of connecting any future residential development from the sod farm to Carl Street. He said that the intent was to come out directly to 4th as the 2010 posted plan showed. We continue to maintain this path without any reimbursement from the City of Lino Lakes or Anoka County. We do it for our community. We do it for those who also live outside of our Carl Street development to enjoy as they use this walking path daily. This is an “Environmental Impact” that is immeasurable and will be taken away from all if Carl Street is used as any type of access for the Robinson Sod Farm development. Acknowledgement of receiving this email would be appreciated. Sincerely, Doug and Cindy Hansen September 12, 2022 Katie Larsen, City Planner City of Lino Lakes 600 Town Center Pkwy Lino Lakes, MN 55014-1182 Dear Ms. Larsen, Below please see our questions in response to the Robinson Sod Farm Environmental Assessment Worksheet (EAW) dated August 23, 2022. 1. During the morning traffic rush there may be over 1,000 vehicles using the Carl Street and 4 th Avenue intersection, per the EAW projections. Did the traffic study take into consideration the potential intersection density at 4th Avenue and Carl Street? 2. Was a comprehensive traffic impact study conducted to evaluate the potential traffic backup on Carl Street during the busy morning and evening hours? 3. Do the Anoka County traffic projections and studies align with those from Alliant Engineering? 4. Did the City of Lino Lakes or Alliant Engineering take into consideration the current aquifer depletion issue taking place on the Lino Lakes border in Blaine? 5. Does the City of Lino Lakes plan to warrant the costs of the wells for current property owners near the potential project? 6. Did the City of Lino Lakes or Alliant Engineering investigate the possibility for flooding due to the high-water table and the redistribution of water? 7. Did the City of Lino Lakes or Alliant Engineering initiate a study to determine if “Quiet Enjoyment of Life” would be impacted or violated by the proposed street connection? 8. Did the City of Lino Lakes or Alliant Engineering consult Anoka County to determine property value losses if the cul-de-sac is removed? 9. Does Anoka County plan to reassess property value losses and adjust home values and taxes accordingly if Carl Street is connected. 10. Did the City of Lino Lakes or Alliant Engineering consult with Rice Creek Watershed District on the disruption to the waterways, ditches, and wetlands within the impact area? 11. Many pedestrians, dog walkers, and bicyclists use the path at the end of the cul-de-sac because they feel safe on Carl Street. Children cannot bike or walk on Lilac or 4 th St because they both are busy with traffic speeds far over the posted limits. Has this been taken into consideration and are the proposed traffic areas in compliance with the Local Road Research Board (LRRB)? 12. How will the ACD-10-22 main trunk and BR2 be preserved and protected? 13. How will the vegetation and water conservation be enhanced in the disturbed waterways in the project boundaries? 14. Where in the EAW report can we find information from the MN Dept of Agriculture, the Dept of Hydrogeology or Climatology regarding the sequela of years of accumulation of fertilizers and pesticides from the sod farm land upon our disturbed soil, ground water, and well water? 15. In 1977 the Carl Street residents were assured there would be no Carl St connection and the cul- de-sac would remain. In 1986, 2006, and now, despite the developer’s original concept plan where Carl Street is not mentioned as a variable, would you please clarify as to why Carl Street is repeatedly targeted for change, negatively affecting our property values, safety, well-being, wildlife, creek, and vegetation ? 16. The trajectory of land development leads to increased noise, cutting down of trees, causing damage and instability to wildlife, clean water, vegetation, pollinator insects, soil and other ecosystems. Will this result in the formation of “heat islands” caused by those losses and the absorption of more heat by impervious pavement including sidewalks, parking areas and adverse effects on our climate, air and water quality? 17. Did the City of Lino Lakes or Alliant Engineering consult with the FAA regarding traffic proximity to the Lino Air Park airstrip? 18. Did the City of Lino Lakes or Alliant Engineering conduct a traffic analysis relevant to headlight penetration onto the Lino Air Park airstrip as this can cause temporary flash blindness? This will be a safety hazard to pilots. 19. Has the risk of increased traffic on Carl Street in proximity to the Lino Air Park been considered secondary to vehicle drivers being distracted while watching airplanes take off and land, thus not watching our children playing or residents walking or biking down Carl Street? 20. How was a 2-day traffic study on Carl Street “valid” both in methodology and analysis assuring “statistical significance levels?” 21. When is the Planning & Zoning commission conducting a hearing and vote on changing the Robinson property zoning from agricultural to residential? Please acknowledge that this letter is received in its entirety and entered into the record. Please provide a timeline in which we can expect a response to our questions. Regards, Carl Street Families, Lino Lakes residents From:Katie Larsen To:Keara Fehr; Alison Harwood Subject:FW: Robinson Sod Farm project Date:Monday, September 12, 2022 4:25:12 PM From: Ann Rudie <lukerudie@gmail.com> Sent: Monday, September 12, 2022 4:03 PM To: Katie Larsen <KLarsen@linolakes.us> Subject: Robinson Sod Farm project Caution: This email originated outside our organization; please use caution. I live in the Century Farm development and have concerns about the safety of the young children in my neighborhood with Robinson becoming a thru street to the new development. The quiet surroundings and variety of wildlife make this a great place to live. This will certainly change with this massive project. What has the city done to study the impact of this increase in traffic? How will the city address the ongoing water quality problem with a project of this size and will new residents be made aware of the manganese issue? Lexington Cove, Nature's Refuge, Oakwood Ponds and the townhomes near the Kwik Trip on Lexington south of County 14 are all new. Is there a demonstrated need for more housing? I'm opposed to this project because of the traffic volume increase. Ann Rudie CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. From:Cindy Hansen To:Katie Larsen Subject:Robinson Sod Farm EAW Date:Tuesday, September 13, 2022 2:40:02 PM Caution: This email originated outside our organization; please use caution. Doug and Cindy Hansen 296 Carl Street Lino Lakes, MN 55014 September 12, 2022 Katie Larsen City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 Dear Ms. Larsen, Please accept this as public comment in response to the Environmental Assessment Worksheet for the proposed Robinson Sod Farm development. In review, the proposal is for approximately 700 municipal sewer and water systems in this development. In Lino Lakes, we already are prohibited from watering 6:00 am to 6:00 pm - 365 days a year and even tighter restrictions are in place from May through September. Just recently, the DNR gave notice to the City requesting that Lino Lakes implement a total irrigation ban. Due to high levels of manganese found in its wells, Lino Lakes was forced to shut one down and operate two wells at a lower pumping rate to service our city. With the Robinson Sod Farm development, over 700 units will be added to this already stressed system. We would like assurance that the City of Lino Lakes and Council have a prudent approach including an aggressive water management plan that can handle this addition. We were shocked to discover that Lino Lakes, as a city of this size, is just in the preliminary phase of a water treatment plant. The City of Blaine is experiencing the results of rapid development, dealing with well interference and may incurred the cost of replacing well pumps and/or drilling new wells in Blaine and Ham Lake for private well owners. We would hate to see the same outcome for the Lino Lakes taxpayers. Another Environmental Impact that must be considered is the nature path that is used daily not only by Carl Street residents but, also residents from surrounding developments. Carl Street has been a main walking and bike path for decades for people of all ages along with their pets. It is a safe zone since it is not a main thoroughfare and traffic is limited. The alternative is Lilac Street which does not have a continuous sidewalk or a bike path. Children have to ride their bikes with traffic - which is posted at 50 mph - to cross from one development to another. With the Robinson development, there is the proposed access to Carl Street and in one plan the distruction of two well established cul-de-sacs on Carl Street and making it a main thoroughfare. In developments where the City of Lino Lakes has planned for a road to be continued, they have posted signs to indicate their intent. This has not been the case on the two Carl Street cul-de-sacs. The only posted signage was put up only a few years ago with concerns of pet waste and prohibiting motorized vehicles. People are not the only ones using the Carl Street walking path. Two sets of Sandhill Cranes literally walk side by side down the middle of Carl Street and continue on the path while a pair of Bald Eagles watch from our Cottonwood tree. Endangered Monarch butterflies, bees, and hummingbirds have been thriving in my gardens and down the path as they have pollinated this area spreading milkweed, bee balm and their other favorites. Hawks circle above hunting the inhabitants of the area between the two cul-de-sacs and overflow pond. The five deer that surrounded our car on Christmas Eve surprised us all! The residents of Carl Street are aware of these activities and drive accordingly and very cautiously. If Carl Street is connected with the Robinson development or is forced to have two cul-de-sacs removed and the street connected, this path will be destroyed and traffic, including heavy trucks, will be going 50 mph endangering all living things. It has been proven that even if posted 30 mph, vehicles will be going closer to 50 mph as in the other cases in Lino Lakes. If the City forces the connection of the Robinson development with Carl Street, we can only pray that a child riding a bike or a vehicle driver will not be distracted or looking at a plane instead of watching where they are going and there is a fatality. It is our understanding that there was only a 2 day study of Carl Street. This neighborhood has data for for over 30 years. As Anoka County and the City of Lino Lakes are aware, this is a designated Air Park. This is a serious safety and environmental concern. If Carl Street access is granted, it will have a detrimental impact on the existing surrounding residential developments. As it is now, it is a nature walk. Three neighbors each mow three different areas including the path and the North side of Carl Street. We planted 5- 5 foot pine trees on the south side of the path to add to the aesthetics of this nature walkway 9 years ago. Prior to purchasing our property in 2013, the City Engineer told us that the City of Lino Lakes had no intentions of connecting any future residential development from the sod farm to Carl Street. He said that the intent was to come out directly to 4th as the 2010 posted plan showed. We continue to maintain this path without any reimbursement from the City of Lino Lakes or Anoka County. We do it for our community. We do it for those who also live outside of our Carl Street development to enjoy as they use this walking path daily. This is an “Environmental Impact” that is immeasurable and will be taken away from all if Carl Street is used as any type of access for the Robinson Sod Farm development. Acknowledgement of receiving this email would be appreciated. Sincerely, Doug and Cindy Hansen September 12, 2022 Steven L Anderson 7795 Clydesdale Circle Lino Lakes, MN 55014 Re: Robinson Sod Farm EAW To Whom It May Concern; As a local resident who has witnessed the consequences of the overstressed drainage system in the area (flooded yards and buildings, neighbor conflicts, expensive private drainage systems, etc) I can attest to the fragility of this area in regards to development. The Carlos Avery and its fragile and complex water system is close by, and our local ditch system was designed many years ago to allow development on a limited scale. The drainage restructuring required for this housing proposal with many buildings, paved streets, driveways, patios, etc will negatively impact local residents and their properties. Without the water retention of the sod farm and the increased runoff and potential for flooding, the project could conceivably change the flood status of the area, and threaten existing homes, buildings and properties that were built decades ago. My second objection, but by no means the lesser, is the environmental impact. The sod farm and the surrounding wetlands and ditches are major nesting/rearing grounds for many species of migratory and local waterfowl, songbirds, deer and predators from raptors to coyotes. The area has been a resting spot for migrating trumpeter and tundra swans, terns, bitterns and more. The Audubon Society’s IBA (Important Bird Area) map of Carlos Avery includes the sod farm and the entire Rice Creek Chain of Lakes as one of the most important bird sanctuaries in the midwest. I also argue that our local treasures, Rice Creek and the chain of lakes would be irreparably damaged by the increased herbicide, pesticide, and salt runoff from the new development. Not only the quality of life of animals, but of the existing human residents will be compromised. I strongly recommend that the sod farm become an extension of the Carlos Avery, or some other special green space or park, which are sorely lacking and being diminished at a rapid pace in Anoka county. Lastly there is the traffic problem that has developed in recent years, and the one that will evolve from the proposed project; from quiet neighborhoods our community streets have been turned into high-speed thoroughfares too dangerous to allow bicycles and pedestrians. Other than condemning property, removing sidewalks and widening these streets, there is no remedy with the existing situation: never mind with hundreds more housing units on the way. After careful thought and discussion, I remain deeply opposed to the proposed housing development on the sod farm. Please consider utilizing this property as an investment in our future, and keep it a community green space for all of us. Thank you, Steven L Anderson Scott Zbikowski 7765 Clydesdale Circle Lino Lakes, MN 55014 Re: Robinson Sod Farm EAW To Whom It May Concern; I am located approximately one half block south of the proposed Robinson Sod Farm Development. I have three main concerns over the proposed development as follows: 1. The impact of the deletion of natural drainage/absorption into the soil. Being that the proposed development has a relatively low elevation with poor drainage. There is great concern that drainage ditch ACD 10-22-32 will be greatly stressed. The Anoka County Rice Creek Water Shed area, ditch ACD 10-22-32, including the proposed Robinson Sod Farm Development is over 100 years old. It was not designed for high density housing. The square feet of housing, driveways, streets and sidewalks greatly effects the natural absorption of natural rainfall. 2. Additional traffic impact. The addition of 707 housing units using two automobiles per household making only one trip per day adds a minimum of 2,828 (2 vehicles x 707 x out going trip x incoming trip) vehicle movements per day onto our existing roadway system. Departing to the north onto County Road 14 (Main Street) is a two lane road with no sidewalks. Assuming that the majority of the traffic will be heading south each day from the development toward the cities, the main roads to be used to exit the area will be County Rd 53, (Sunset Road), or 4th Street. Both roads are two lane roads with no sidewalks. This is a great safety concern for our area. Departing south (on the west side of development) on County Road 53 routes all the traffic through the already busy single lane rounabout to 109th to Lexington to 35W. South (on the east side) routes the traffic onto 4th street to CR 153 (Lilac St) to Apollo Drive to Lake Drive to 35W. Three of these roads are 2 lane with no sidewalks. This is a terrible safety concern unless all above roads are to be improved prior to the proposed Robinson Sod Farm Development. 3. I am a member of the Lino Lakes Airpark Association located approximately 1 block to the south of the proposed development. The airpark has been here since the 1950’s. It was improved in the late 70’s and again improved in 2005/2006. It is an active runway in what was and is in a rural area. Carl Street and ditch ACD 10-22-32 has served as a low density boundary on the north side of our airpark. There must be no access from the development onto Carl Street. Carl Street has two dead ends and must remain that way to minimize traffic next to the airpark. No connection to Carl Street and no connection of east to west dead ends of Carl Street. This is a must for safety concerns of our airpark. Please take into consideration the above drainage and safety concerns of the existing area. Thank you, Scott Zbikowski From:Katie Larsen To:Keara Fehr; Alison Harwood Cc:Michael Grochala Subject:FW: EAW Sod Farm Date:Wednesday, September 14, 2022 4:53:39 PM Attachments:Final-EAW_Robinson-Sod-Farm_892022.pdf From: Lisa Olsen <olsenlisa@comcast.net> Sent: Wednesday, September 14, 2022 4:48 PM To: Katie Larsen <KLarsen@linolakes.us> Subject: EAW Sod Farm Caution: This email originated outside our organization; please use caution. Dear Katie, I’ve made some comments on the EAW that I am attaching. Also, I wanted you to please add Ernie and Lisa Olsen to the signatures that were sent previously by the residents of Carl Street. We were a little late in responding to them so our names didn’t get added to the list. We feel strongly that extending Carl Street will absolutely destroy our existing neighborhood and does not seem like a responsible thing for the city to do to the residents currently living here. We currently get about 2 or 3 cars a day on our end of Carl Street – imagine going to 2500 trips per day. This road means a lot to the people living here as well as residents on the other side of 4th Avenue who walk here daily with their children and pets. Also, there’s an abundance of wildlife that crosses the road. Please don’t destroy our neighborhood. We are also concerned about our wells and mound system being destroyed. This is a mostly retired neighborhood and we can’t afford the cost if our wells and mounds are ruined. Please take extra caution in this. Again, please don’t extend Carl Street. Respectfully, Lisa and Ernest Olsen 306 Carl Street CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. ENVIRONMENTAL ASSESSMENT WORKSHEET // Robinson Sod Farm PAGE 2 4. Reason for EAW Preparation: (Check One) Required Discretionary ☐EIS Scoping ☐Citizen petition ☒Mandatory EAW ☐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 County: Anoka City/Township: Lino Lakes PLS Location (¼, ¼, Section, Township, Range): NE ¼ and NW ¼ of the NW ¼ of Section 7, Township 31, Range 22; NW ¼ and SW ¼ of the NE ¼ of Section 7, Township 31, Range 22 Watershed (81 major watershed scale): Mississippi River – Twin Cities 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: o 242 single family detached homes o 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: o 263 single family detached homes o 164 townhomes o 280 multi-family units See Appendix A, Figures 2 and 3 for the PUD concept plan and yield plan. 12 3 45 Summary of Comments on Title Page: 5 Number: 1 Author: Date: Indeterminate Number: 2 Author: Date: Indeterminate Number: 3 Author: Subject: Highlight Date: Indeterminate Number: 4 Author: Date: Indeterminate This many multi-family units will make this area into a high crime zone. Please don't do this! Number: 5 Author: Date: Indeterminate ENVIRONMENTAL ASSESSMENT WORKSHEET // Robinson Sod Farm PAGE 3 The project is located to the southeast of Sunset Avenue and 125th 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 Parcel ID Parcel Size (Acres) Current Use Project Details 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. Please don't make Carl Street into an access point. This will absolutely destroy our neighborhood. This is currently a rural road. 1 23 4 Page: 6 Number: 1 Author: Date: Indeterminate Number: 2 Author: Date: Indeterminate Please don't make Number: 3 Author: Date: Indeterminate Carl Street into an access point. This will absolutely destroy our neighborhood. This is currently a rural road. Number: 4 Author: Date: Indeterminate This is going to destroy the water table and impact our well and mound systems. ENVIRONMENTAL ASSESSMENT WORKSHEET // Robinson Sod Farm PAGE 4 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) Total Project Acreage 158 acres Linear project length 16,000 linear feet public roadway 6,800 linear feet private roadway Number and type of residential units: PUD Concept Plan 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 Commercial building area (in square feet) N/A Industrial building area (in square feet) N/A Institutional building area (in square feet) N/A Other uses – specify (in square feet) 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) Total Project Acreage 158 acres Linear project length 13,600 linear feet public roadway 14,700 linear feet private roadway Number and type of residential units: Yield Plan 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 Commercial building area (in square feet) N/A Industrial building area (in square feet) N/A Institutional building area (in square feet) N/A Other uses – specify (in square feet) Stormwater ponds: 932,184 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. 3 story structures are going to make our one or one and a half story homes look bad. 1 2 3 45 6 7 8 910 11 12 Page: 7 Number: 1 Author: Date: Indeterminate Number: 2 Author: Date: Indeterminate Number: 3 Author: Date: Indeterminate Number: 4 Author: Date: Indeterminate Number: 5 Author: Date: Indeterminate 3 story structures are going to make our one or one and a half story homes look bad. Number: 6 Author: Date: Indeterminate Number: 7 Author: Date: Indeterminate Number: 8 Author: Date: Indeterminate Number: 9 Author: Date: Indeterminate Number: 10 Author: Date: Indeterminate Multi-family not mentioned above in type of residential units. Townhomes are bad enough; don't add multi-family housing to this neighborhood. Number: 11 Author: Date: Indeterminate Number: 12 Author: Date: Indeterminate ENVIRONMENTAL ASSESSMENT WORKSHEET // Robinson Sod Farm PAGE 5 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? ☐ Yes ☒ No 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? ☐ Yes ☒ No 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 Land Cover Type Before (acres) After (acres) – Yield Plan Cropland 130 0 Residential 0 74 Grassland 1 0 Stormwater basin 0 21 Wooded/forested 0 0 Wetlands1 16 8 Lawn/Landscaping2 2 34 Facility Operation 3 0 Road Right-of-Way 6 20 Public Trail 0 1 TOTAL 158 158 1 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. 2 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. Wildlife preserve should be considered 1 2 3 4 5 6 789 10 Page: 8 Number: 1 Author: Date: Indeterminate Number: 2 Author: Date: Indeterminate Number: 3 Author: Date: Indeterminate Number: 4 Author: Date: Indeterminate Number: 5 Author: Date: Indeterminate Number: 6 Author: Subject: Highlight Date: Indeterminate Number: 7 Author: Date: Indeterminate Number: 8 Author: Date: Indeterminate Number: 9 Author: Date: Indeterminate Number: 10 Author: Date: Indeterminate Wildlife preserve should be considered ENVIRONMENTAL ASSESSMENT WORKSHEET // Robinson Sod Farm PAGE 7 9. Land Use a. Describe: i. 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. ii. 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. what assurance do we have that our wells and mound systems won't be affected? Will this be developed?12 3 Page: 10 Number: 1 Author: Date: Indeterminate Will this be developed? Number: 2 Author: Date: Indeterminate Number: 3 Author: Date: Indeterminate what assurance do we have that our wells and mound systems won't be affected? ENVIRONMENTAL ASSESSMENT WORKSHEET // Robinson Sod Farm PAGE 11 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 Well No. Surface Elevation (ft) Use Depth (ft) Cased Depth (ft) Depth to Static Water Level (ft) Aquifer Within 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://mnwellindex.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. 1 2 Page: 14 Number: 1 Author: Date: Indeterminate Number: 2 Author: Date: Indeterminate Nearby wells on Carl Street are not mentioned, but are definitely present and in jeopardy. ENVIRONMENTAL ASSESSMENT WORKSHEET // 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 same 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. The sod farm currently has a lot of wildlife and migratory bird population. This needs to be considered. 1 Page: 18 Number: 1 Author: Date: Indeterminate The sod farm currently has a lot of wildlife and migratory bird population. This needs to be considered. ENVIRONMENTAL ASSESSMENT WORKSHEET // 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 Site ID Type Name Status Within Project Site 107252 Aboveground tanks, underground tanks, brownfields* Robinson Landscaping Active, Inactive* Yes 226150 Construction stormwater Century Farm North 7th 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 141380 Construction stormwater Anoka County Ditch 10-22-32 Maintenance 3 Inactive No, within 0.5 miles 191075 Petroleum remediation, leak site Caroll Busch Residence Inactive No, within 0.5 miles 107177 Underground tanks Goldade Richard J Inactive No, within 0.5 miles 21238 Hazardous waste generator, minimal quantity, petroleum remediation*, leak site* A & L Sod Inc Active, Inactive* No, within 0.5 miles 224787 Construction stormwater Level Street NE Improvement project Inactive No, within 0.5 miles 228696 Construction stormwater CSAH 14 from Lexington to Opal Street 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 1 2 3 Page: 21 Number: 1 Author: Date: Indeterminate Number: 2 Author: Subject: Highlight Date: Indeterminate Number: 3 Author: Date: Indeterminate ENVIRONMENTAL ASSESSMENT WORKSHEET // Robinson Sod Farm PAGE 20 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: coyote, moles, fox, blue heron, sandhill crane, beaver, woodchucks, turkey, skunk, eagles, turkey vulturesmuskrats, turtles, falcon, owls, crows, garter snake, 1 2 Page: 23 Number: 1 Author: Date: Indeterminate coyote, moles, fox, blue heron, sandhill crane, beaver, woodchucks, turkey, skunk, eagles, turkey vultures Number: 2 Author: Date: Indeterminate muskrats, turtles, falcon, owls, crows, garter snake, ENVIRONMENTAL ASSESSMENT WORKSHEET // Robinson Sod Farm PAGE 24 15. Visual 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. Air 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). The visual effects from Carl Street will transition from seeing wildlife and having a rural atmosphere to 3 story high buildings, totally devastating the view 1 Page: 27 Number: 1 Author: Date: Indeterminate The visual effects from Carl Street will transition from seeing wildlife and having a rural atmosphere to 3 story high buildings, totally devastating the view ENVIRONMENTAL ASSESSMENT WORKSHEET // Robinson Sod Farm PAGE 26 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 5) 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 If Carl Street is extended, noise and traffic levels will be untolerable for current Carl Street residents.1 2 3 Page: 29 Number: 1 Author: Date: Indeterminate If Carl Street is extended, noise and traffic levels will be untolerable for current Carl Street residents. Number: 2 Author: Date: Indeterminate Number: 3 Author: Date: Indeterminate Traffic noise will be terrible if you extend access to Carl Street. ENVIRONMENTAL ASSESSMENT WORKSHEET // Robinson Sod Farm PAGE 27 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 I-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/accessmanagement/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. Carl Street currently gets only about 10 vehicle trips per day - this new level would be intolerable. 1 2 3 4 5 Page: 30 Number: 1 Author: Date: Indeterminate Number: 2 Author: Date: Indeterminate Carl Street currently gets only about 10 vehicle trips per day - this new level would be intolerable. Number: 3 Author: Date: Indeterminate Number: 4 Author: Date: Indeterminate Number: 5 Author: Date: Indeterminate Please don't include access to Carl Street - it will DESTROY our rural neighborhood. It's impossible to comprehend going from 3 cars a day to 2500 a day. ENVIRONMENTAL ASSESSMENT WORKSHEET // Robinson Sod Farm PAGE 28 • 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. There will be a huge impact to Carl Street residents if Carl Street is made accessible. It is currently a dead-end road. What measures will be taken for Carl Street? 1 2 3 Page: 31 Number: 1 Author: Date: Indeterminate Number: 2 Author: Date: Indeterminate There will be a huge impact to Carl Street residents if Carl Street is made accessible. It is currently a dead-end road. Number: 3 Author: Date: Indeterminate What measures will be taken for Carl Street? September 14, 2022 Katie Larsen, City Planner City of Lino Lakes 600 Town Center Pkwy Lino Lakes, MN 55014-1182 Dear Ms. Larsen, We understand there has been an Environmental Assessment Worksheet (EAW) submitted for the Robinson Sod Farm dated August 23, 2022. We are writing to express major concerns about this environmental proposal from a personal property perspective. Our house located at 314 Carl Street is directly across from the proposed development. In 2003, when the previous owners began building the house, they installed a wood foundation which was approved by the Lino Lakes inspector. With a wood foundation, you must be diligent to keep it dry and since 2003, there have been absolutely no issues with the foundation in terms of moisture. Before we purchased the home in 2020, we hired a structural engineer to go over the foundation with a fine tooth comb. He found NO issues which are documented in our survey results, but he could not stress enough the importance of keeping water away from our foundation. Upon the review of the EAW and our wood foundation, we are bringing forth the following concerns:  We are concerned that the alteration of 100 plus year drainage complexes in the area will negatively impact the established 100 year floodplain. In other words, right now, the sod farm and surrounding drainage ditches can handle the water drainage and runoff, but with this huge development and the potential rise in the water table, will that continue to be true?  We are concerned that our wood foundation home will incur water damage which would be detrimental. We understand this has already happened to homes in Blaine with the new development off of Lexington and 109th. There are also other homes with wood foundations nearby. Along with moisture in the home comes potential health risks associated with black mold. I am currently a cancer patient and I do not need any additional potential health risks in my life. Has the City of Lino Lakes or Alliant Engineering contacted the Corp of Engineers or the appropriate governing body to determine how the established 100 year floodplain will be impacted by massive water redistribution? Please acknowledge that this letter is received in its entirety and entered into the record. Please provide a timeline in which we can expect a response to our questions. Regards, Kevin and Tammy Dunrud 314 Carl Street Lino Lakes, MN 55014 September 15, 2022 Reilly S Anderson 7795 Clydesdale Circle Lino Lakes, MN 55014 Re: Robinson Sod Farm Development To Whom It May Concern; I am writing to express my concern and opposition to the proposed Robinson Sod Farm Development. As a local resident, I cherish the green spaces and wildlife the local area has to offer. I frequently see migratory waterfowl, turtles, and predatory birds that use the sod farm as a habitat corridor and nesting area. In fact, the sod farm is included in the Audobon Society’s Important Bird Map, and currently acts as additional sanctuary for wildlife outside of Carlos Avery Wildlife Management Area. Going forward with the proposed housing development threatens to further fragment the habitats of birds and other wildlife within Anoka county, and will add new stressors to the local environment. As summer weather becomes increasingly extreme and unpredictable, newly constructed impervious surfaces will further stress the local aging drainage systems, threatening the homes and properties of existing area residents with flooding, many of which were built many years ago. Furthermore, the already out-of-control issue of high volume, high speed local traffic raises major concerns as to how traffic will be managed in the area. This relatively quiet part of Lino Lakes is already turning into a more hazardous and congested area, with commuters racing through the neighborhoods. The proposed new roads and feeder routes will be ineffective in mitigating this problem. In recent years, the neighborhood has become dangerous for bicyclists and pedestrians- a simple trip to the mailbox is treacherous. The addition of this proposed high density housing will add a critical amount of new motor traffic that will exceed the local infrastructure’s ability to provide safe streets. After review of the EAW and careful discussion with others in the neighborhood, I am opposed to the proposed development and believe that preserving the farm is in the best interest of the city, its residents and the local environment. Please consider the needs of current residents near the Robinson Sod Farm and oppose this development which will serve to benefit big money investors and realtors, instead of our families and environment. Sincerely, Reilly Anderson 32 Appendix B CITY OF LINO LAKES RESOLUTION FINDING OF NO NEED FOR EIS CITY COUNCIL AGENDA ITEM 6B STAFF ORIGINATOR: Michael Grochala, Community Development Director MEETING DATE: October 10, 2022 TOPIC: Consider Resolution No. 22-126, Approving Tax Increment Financing Plan for District 1-14. VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council consideration to approve the Tax Increment Financing Plan for District 1-14. BACKGROUND Ryan Companies, US, Inc., recently entered into a purchase agreement to acquire 33 acres north of Clearwater Creek, west of I-35E. Ryan is proposing construction of 3 buildings totaling approximately 451,000 square feet of manufacturing, office and warehouse space with an estimated market value of $31,000,000. The project, as proposed, addresses a number of City goals related to this area and will significantly reshape the SW quadrant of the Main Street and 35E intersection. The public benefits include: • Development of underutilized properties. • Expansion of City tax base. • Creation of new manufacturing, office and professional jobs. • Extension of public street improvements to serve business park and surrounding uses. The developer has submitted an application for public assistance to offset infrastructure, and site development and construction costs related to the proposed buildings. The proposed public assistance would be provided in the form of Tax Increment Financing (TIF). The establishment of a Tax Increment Financing (TIF) District requires the preparation of a TIF plan and review by both the school district and county. To date, no comments have been received from Centennial School District or Anoka County. A public hearing must be held prior to City Council consideration to establish a district. Tax Increment Financing (TIF) Plan The TIF plan provides the framework for the use of tax increment for development purposes. The plan includes the statutory authorization, purpose and objectives of the district. The City/EDA are proposing to establish an Economic Development district. The maximum duration of an Economic Development district is 9 years – 8 years from the date of receipt of the first increment. The primarily purpose of the district is to aid in the construction of the proposed industrial buildings and public infrastructure. Tax increment is intended to be used to offset costs related to site improvements, building and infrastructure costs. The plan includes the City’s findings that, in our opinion, due to extraordinary costs associated with the project including soil corrections, utility relocation and infrastructure extensions and building preparations, the project would not be reasonably expected to occur solely through private investment. The estimated public costs eligible for reimbursement from tax increment total $3,444,854. Tax increment revenues generated from the development are expected to equal this amount. Approval of the plan and determination of eligible costs does not obligate the City/EDA to any specific district duration or amount of assistance. The total amount of assistance proposed is $2,900,000.00. However approval of any specific assistance package will be part of a separate contract for development. Representatives from BakerTilly, the City’s financial consultant will be present at the meeting to address any City Council questions. RECOMMENDATION Staff recommends approval of Resolution No. 22-126. ATTACHMENTS 1. Resolution No. 22-126 2. Tax Increment Financing Plan for District 1-14 CITY OF LINO LAKES RESOLUTION NO. 22-126 RESOLUTION APPROVING TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING (ECONOMIC DEVELOPMENT) DISTRICT NO. 1-14 WHEREAS, the City of Lino Lakes, Minnesota (the “City”) and the Lino Lakes Economic Development Authority (the “Authority”) have established, and the Authority administers, Development District No. 1 (the “Development District”) located within the City and have caused to be created a Development Plan (the “Development Plan”) therefor, pursuant to Minnesota Statutes, Sections 469.090 through 469.1082, as amended; and WHEREAS, within the Development District the City and the Authority have created certain tax increment financing districts pursuant to Minnesota Statutes, Sections 469.174 through 469.1794, as amended (the “TIF Act”); and WHEREAS, the City and the Authority have determined to approve a tax increment financing plan (the “TIF Plan”) relating to the creation of a new tax increment financing district within the Development District designated as Tax Increment Financing (Economic Development) District No. 1-14 (the “TIF District”), all as described in a plan document presented to the City Council of the City on the date hereof; and WHEREAS, pursuant to Section 469.175, subdivision 2 of the TIF Act, the proposed TIF Plan and the estimates of the fiscal and economic implications of the TIF Plan were presented to the Clerk of the Board of Education of Independent School District No. 12 and to the Manager of Property Records and Taxation, as the County Auditor, of Anoka County, Minnesota (the “County Auditor”) at least thirty (30) days prior to the date hereof; and WHEREAS, on the date hereof, the City Council conducted a duly noticed public hearing relating to the TIF Plan and the establishment of the TIF District, at which the views of all interested parties were heard at the public hearing; and WHEREAS, the City Council has reviewed the contents of the TIF Plan; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota that: Section 1. Findings; Development Plan. It is hereby found and determined that the Development Plan remains in full force and effect and that the goal of the Development Plan is to encourage development and redevelopment in accordance with the general plan for development of the City as set forth in the comprehensive municipal plan. Section 2. Findings; TIF District. 2.01. It is found and determined that it is necessary and desirable for the sound and orderly development of the Development District, and for the protection and preservation of the public health, safety, and general welfare, that the authority of the TIF Act be exercised by the City to provide public financial assistance to the TIF District and the Development District. 2 2.02. It is further found and determined, and it is the reasoned opinion of the City, that the development proposed in the TIF Plan could not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the district permitted by the TIF Plan. 2.03. The proposed public improvements to be financed in part through tax increment financing are necessary to permit the City to realize the full potential of the TIF District and the Development District in terms of development intensity, employment opportunities, and tax base. 2.04. The TIF Plan conforms to the general plan for development of the City as a whole. 2.05. The TIF Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of the TIF District and the Development District by private enterprise. 2.06. The TIF District is an economic development district under Section 469.174, subdivision 12 of the TIF Act. 2.07. Reasons and facts supporting all the above findings are set forth in the TIF Plan and are incorporated herein by reference. The City Council has also relied upon the reports and recommendations of its staff and consultants, as well as the personal knowledge of members of the City Council, in reaching its conclusions regarding the TIF Plan. Section 3. Public Purpose. The adoption of the TIF Plan conforms in all respects to the requirements of the TIF Act. The TIF Plan will help facilitate development and redevelopment of land in the City, provide additional employment opportunities within the City, increase the tax base, and improve the general economy. The City expressly finds that the tax increment assistance is provided solely to make the development financially feasible and thus produce the public benefits described. Therefore, the City finds that the public benefits of the TIF Plan exceed any private benefits. Section 4. Approvals; Further Proceedings 4.01. The TIF Plan for the TIF District is hereby approved and adopted in substantially the form on file at City Hall. 4.02. The City Council hereby transmits the TIF Plan to the Board of Commissioners of the Authority (the “Board”) and recommends that the Board adopt the TIF Plan. 4.03. Upon approval of the TIF Plan by the Board, the Authority is authorized and directed to file a request for certification of the TIF District with the County Auditor and to file a copy of the TIF Plan with the Minnesota Commissioner of Revenue and the Office of the State Auditor as required by the TIF Act. Adopted by the City Council of the City of Lino Lakes, Minnesota this 10th day of October, 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: 3 The following voted against same: Rob Rafferty, Mayor ATTEST: Julianne Bartell, City Clerk LN140-128 (JAE) 826710v1 Baker Tilly Municipal Advisors, LLC is a registered municipal advisor and wholly-owned subsidiary of Baker Tilly Virchow Krause, LLP, an accounting firm. Baker Tilly Virchow Krause, LLP trading as Baker Tilly is a member of the global network of Baker Tilly International Ltd., the members of which are separate and independent legal entities. Tax Increment Financing Plan for Tax Increment Financing (Economic Development) District No. 1-14 within Development District No. 1 (Clearwater Creek Industrial Development Project) City of Lino Lakes, Minnesota Lino Lakes Economic Development Authority Prepared by Baker Tilly Municipal Advisors, LLC Draft Dated: October 3, 2022 Anticipated Public Hearing: October 10, 2022 Anticipated Approval by City Council: October 10, 2022 TABLE OF CONTENTS Section Page(s) A. Definitions ................................................................................................................................... 1 B. Statutory Authorization ............................................................................................................... 1 C. Statement of Need and Public Purpose ..................................................................................... 1 D. Statement of Objectives ............................................................................................................. 2 E. Designation of Tax Increment Financing District as an Economic Development District ............................................................................................... 2 F. Duration of the TIF District ......................................................................................................... 3 G. Property to be Included in the TIF District .................................................................................. 4 H. Property to be Acquired in the TIF District ................................................................................. 4 I. Specific Development Expected to Occur Within the TIF District .............................................. 4 J. Findings and Need for Tax Increment Financing ....................................................................... 5 K. Estimated Public Costs .............................................................................................................. 6 L. Estimated Sources of Revenue .................................................................................................. 7 M. Estimated Amount of Bonded Indebtedness .............................................................................. 7 N. Original Net Tax Capacity .......................................................................................................... 8 O. Original Tax Capacity Rate ........................................................................................................ 8 P. Projected Retained Captured Net Tax Capacity and Projected Tax Increment ......................... 9 Q. Use of Tax Increment ................................................................................................................. 9 R. Excess Tax Increment ................................................................................................................ 10 S. Tax Increment Pooling and the Five-Year Rule ......................................................................... 10 T. Limitation on Administrative Expenses ...................................................................................... 11 U. Limitation on Property Not Subject to Improvements - Four Year Rule ..................................... 11 V. Estimated Impact on Other Taxing Jurisdictions ........................................................................ 12 W. Prior Planned Improvements ...................................................................................................... 12 X. Development Agreements .......................................................................................................... 13 Y. Assessment Agreements ........................................................................................................... 13 Z. Modifications of the Tax Increment Financing Plan ................................................................... 13 AA. Administration of the Tax Increment Financing Plan ................................................................. 14 AB. Financial Reporting and Disclosure Requirements .................................................................... 14 Map of the Tax Increment Financing District ........................................................................ EXHIBIT I Assumptions Report .............................................................................................................. EXHIBIT II Projected Tax Increment Report ........................................................................................... EXHIBIT III Estimated Impact on Other Taxing Jurisdictions Report ....................................................... EXHIBIT IV Market Value Analysis Report ............................................................................................... EXHIBIT V City of Lino Lakes and Lino Lakes Economic Development Authority Baker Tilly Municipal Advisors, LLC Page 1 ESTABLISHMENT OF THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING (ECONOMIC DEVELOPMENT) DISTRICT NO. 1-14 Section A Definitions The terms defined in this section have the meanings given herein, unless the context in which they are used indicates a different meaning: "Authority" means the Lino Lakes Economic Development Authority. "City" means the City of Lino Lakes, Minnesota; also referred to as a "Municipality". "City Council" means the City Council of the City; also referred to as the "Governing Body". "County" means Anoka County, Minnesota "Development District" means Development District No. 1 in the City, which is described in the corresponding Development Program. "Development Program" means the Development Program for the Development District. "Project Area" means the geographic area of the Development District. "School District" means Independent School District No. 12, Minnesota. "State" means the State of Minnesota. "TIF Act" means Minnesota Statutes, Sections 469.174 through 469.1794, both inclusive. "TIF District" means Tax Increment Financing (Economic Development) District No. 1-14. "TIF Plan" means the tax increment financing plan for the TIF District (this document). Section B Statutory Authorization The Development District Act authorizes the City and Authority, upon certain public purpose findings by the City Council, to establish and designate development districts within the City and to develop and administer development programs therefore to meet the needs and accomplish the public purposes specified in Section C. In accordance with the purposes set forth in Section 469.124 of the Development District Act, the City Council and Authority have established the Development District comprising the area described in Section E and have adopted this Development Program. Section C Statement of Need and Public Purpose The City Council and Authority have determined that there is a need for the City to take certain actions they deem necessary in order to encourage, ensure and facilitate development and redevelopment by the private sector of underutilized, inappropriately used and unused land located within the corporate limits of the City. Such actions are necessary in order to provide additional employment opportunities for residents of the City and the surrounding area; to improve the tax base of the City, the County and the City of Lino Lakes and Lino Lakes Economic Development Authority Baker Tilly Municipal Advisors, LLC Page 2 School District, thereby enabling them to better provide needed public services; and to improve the general economy of the City, the County and the State. Section D Statement of Objectives The Authority seeks to achieve the following objectives through the establishment of TIF District No. 1-14: 1. redevelop blighted areas as identified 2. provide employment opportunities within the community. 3. improve the tax base of Lino Lakes and the general economy of the City and State; 4. implement relevant portions of the Comprehensive Plan. The Authority’s specific purpose in establishing TIF District No. 1-14 is to aid in the construction of 3 large manufacturing/warehousing/distribution facilities that will collectively be approximately 451,000 total square feet. The Authority intends to use increment generated by the new development to assist with financing a portion of the extraordinary site improvements and soil correction costs and offsite improvements that include streets, public utilities, and public improvements to gain access to the site and maximize building size on the development parcels. Section E Designation of Tax Increment Financing District as an Economic Development District Economic development districts are a type of tax increment financing district which consist of any project, or portions of a project, which the Authority finds to be in the public interest because: (1) it will discourage commerce, industry, or manufacturing from moving their operations to another state or municipality; (2) it will result in increased employment in the state; or (3) it will result in preservation and enhancement of the tax base of the state; or (4) it satisfies the requirements of a workforce housing project as defined . The TIF District qualifies as an economic development district in that the proposed development described in this TIF Plan (see Section I) meets the criteria listed above in (2) and (3). Without establishment of the TIF District, the proposed development would not occur within the City. The proposed development will also result in increased employment and enhancement of the tax base in both the City and the State. Tax increments from an economic development district must be used to provide improvements, loans, subsidies, grants, interest rate subsidies, or other assistance in which at least 85% of the square footage of the facilities to be constructed are used for any of the following purposes: (1) manufacturing, production, or processing of tangible personal property; (2) warehousing, storage and distribution of tangible personal property, excluding retail sales; (3) research and development related to the activities listed in (1) or (2) above; City of Lino Lakes and Lino Lakes Economic Development Authority Baker Tilly Municipal Advisors, LLC Page 3 (4) telemarketing if that activity is the exclusive use of the property; (5) tourism facilities (see M.S. Section 469.174, Subd. 22); (6) space necessary for and related to the activities listed in (1) through (5) above; (7) a workforce housing project that satisfies the requirements under Minnesota Statutes, Section 469.176, subdivision 4c, paragraph (d). Tax increments from the TIF District will be used to provide financial assistance to the proposed development (see Section I), in which over 85% of the square footage of the facilities to be constructed will be used for manufacturing, production, or processing of tangible personal property and warehousing, storage and distribution of tangible personal property, excluding retail sales as listed in (1) and (2) above. In addition, the parcels to be included within the district have qualified for inclusion under the provisions of chapter 473H in the previous five calendar years before the filing of the request for certification only and therefore the project must meet the following qualifications: (1) a district in which 85 percent or more of the planned buildings and facilities (determined on the basis of square footage) are a qualified manufacturing facility or a qualified distribution facility or a combination of both; or (2) a housing district. A distribution facility means buildings and other improvements to real property that are used to conduct activities in at least each of the following categories: (i) to store or warehouse tangible personal property; (ii) to take orders for shipment, mailing, or delivery; (iii) to prepare personal property for shipment, mailing, or delivery; and (iv) to ship, mail, or deliver property. A manufacturing facility includes space used for manufacturing or producing tangible personal property, including processing resulting in the change in condition of the property, and space necessary for and related to the manufacturing activities. To be a qualified facility, the owner or operator of a manufacturing or distribution facility must agree to pay and pay 90 percent or more of the employees of the facility at a rate equal to or greater than 160 percent of the federal minimum wage for individuals over the age of 20. The proposed project will be a qualified manufacturing and distribution facility. Section F Duration of the TIF District Economic development districts may remain in existence 8 years from the date of receipt by the Authority of the first tax increment. The Authority anticipates that the TIF District will remain in existence the maximum duration allowed by law (projected to be through the year 2033, due to anticipated receipt of first increment in 2025). Modifications of this plan (see Section AA) shall not extend these limitations. City of Lino Lakes and Lino Lakes Economic Development Authority Baker Tilly Municipal Advisors, LLC Page 4 Section G Property to be Included in the TIF District The TIF District is an approximate 37-acre area of land comprising of the parcels listed below that are located within the Project Area. A map showing the boundaries of the TIF District is shown in Exhibit I. Parcel ID Number Legal Description 24-31-22-31-0004 Outlot A, Clearwater Creek Business Park 24-31-22-24-0009 Outlot A, Clearwater Creek Business Center 24-31-22-24-0008 Lot 2, Block 2, Clearwater Creek Business Center 24-31-22-24-0002 That part of the Southeast Quarter of the Northwest Quarter (SE ¼ of NW ¼) of Section 24, Township 31, Range 22, described as follows, to-wit: Commencing at the Southwest corner of said Southeast Quarter of Northwest Quarter (SE ¼ of NW ¼) of Section 24, thence running East along the South line of said Southeast Quarter of Northwest Quarter (SE ¼ of NW ¼) a distance of 275 feet; thence running North parallel with the West line of said Southeast Quarter of Northwest Quarter (SE ¼ of NW ¼) a distance of 375 feet; thence West parallel with the South line of said Southeast Quarter of Northwest Quarter (SW ¼ of NW ¼) a distance of 275 feet to the West line of said Southeast Quarter of Northwest Quarter (SE ¼ of NW ¼); thence running South along the West line of said Southeast Quarter of Northwest Quarter (SE ¼ of NW ¼) a distance of 375 feet to the point of beginning; Anoka County, Minnesota. * The parcels listed above are anticipated to be replatted and will be site upon which the new industrial building development with 3 separate buildings will be built. The area encompassed by the TIF District shall also include all street or utility right-of-ways located upon or adjacent to the property described above. Section H Property to be Acquired in the TIF District The Authority may acquire and sell any or all of the property located within the TIF District. It will not be acquiring any property at this time and will not be selling the property to facilitate development. Section I Specific Development Expected to Occur Within the TIF District The proposed project is anticipated to include the construction of approximately 451,000 square feet of light industrial manufacturing, warehousing and distribution space to be constructed in 2 phases within 3 buildings – each building will be approximately 189,000, 147,000 and 115,000, respectively. Tax increment is a financing tool the Authority is planning to use for financing of a portion of the eligible costs associated with construction of the project to offset extraordinary costs. The square footage of the completed buildings will comply with the requirements of an economic development district with at least 85% being used for a qualifying purpose (industrial warehousing, distribution, manufacturing project). It is anticipated that the Authority will use the tax increment to finance a portion of the site development, soils correction, infrastructure, public improvement and other related costs that are necessary for this project to proceed. In addition, the city may use tax increment for related administrative expenses, and any other eligible expenditures associated with development of the site that may include additional necessary public improvements. City of Lino Lakes and Lino Lakes Economic Development Authority Baker Tilly Municipal Advisors, LLC Page 5 Construction of the project is expected to commence in 2023 and continue in 2024 and be 100% assessed and on the tax rolls as of January 2, 2025, for taxes payable in 2026. At the time this document was prepared there were no signed construction contracts with regards to the above-described development. Section J Findings and Need for Tax Increment Financing In establishing the TIF District, the City makes the following findings: (1) The TIF District qualifies as an economic development district. See Section E of this document for the reasons and facts supporting this finding. (2) The proposed development, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the district permitted by the TIF Plan. Factual basis: Proposed development not expected to occur: The project includes the development of new large industrial buildings comprising of approximately 451,000 square feet in an undeveloped area of the City. The proposed developer of the site has submitted information to the city demonstrating that the development of this site is not financially feasible without the assistance provided in this TIF Plan. The City has determined that the proposed development would not occur but for the financial assistance provided in this TIF Plan because of the high cost of construction at the site due to the need for significant site development, soils correction and public improvement infrastructure costs necessary for development to occur. Specifically, soils correction/lime stabilization, aggregate piers, site preparation and site fill, public utility relocation and offsite road extension to allow maximum development on the site and area. Due to the high costs of investment for the proposed project, including site improvements, public improvements, soil correction, and infrastructure costs that would be incurred by the developer in conjunction with development of the project, the developer has stated that the project as proposed would not occur without the financial assistance provided by the City, as it would not be economically feasible without financial assistance. The City finds the use of tax increment necessary to finance a portion of the site improvement, public infrastructure, soil correction and infrastructure costs to facilitate development of the project and developer investment. The City anticipates providing financial assistance on a pay-as-you-go basis. Therefore, the City has determined that the proposed development would not occur but for the financial assistance provided in this TIF Plan because of the increased costs related to development within the TIF District and construction of the project. The cost of construction of the project and availability of revenues to support repayment of debt has created a financial gap that requires a level of public assistance. No higher market value expected: City of Lino Lakes and Lino Lakes Economic Development Authority Baker Tilly Municipal Advisors, LLC Page 6 The project to be constructed within TIF District No. 1-14 requires significant investment to be financially feasible. To commence construction of the new industrial project, assistance with financing a portion of those costs will be necessary. The financial assistance provided under this TIF Plan will help offset the costs of the improvements. Given the nature of this project, there is no reasonable expectation of any development occurring that would generate as much market value increase as is estimated to be generated by the proposed development by the new business. Therefore, the City has concluded that substantial development at this particular site--and hence any significant increase in market value--is not reasonably expected to occur unless the City provides tax increment assistance as described in this Tax Increment Plan. To summarize the basis for the City’s findings regarding alternative market value, in accordance with Minnesota Statutes, Section 469.175, Subd. 3(d), the City makes the following determinations: a. The City's estimate of the amount by which the market value of the site will increase without the use of tax increment financing is $0 (for the reasons described above), except some unknown amount of appreciation. b. If the proposed development to be assisted with tax increment occurs in the District, the total increase in market value would be approximately $35,960,717, including the value of the building (See Exhibit II). c. The present value of tax increments from the District for the maximum duration of the district permitted by the TIF Plan is estimated to be $2,692,001 (See Exhibit V). d. Even if some development other than the proposed development were to occur, the Council finds that no alternative would occur that would produce a market value increase greater than $33,268,716 (the amount in clause b less the amount in clause c) without tax increment assistance. (3) The TIF Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for development of the Project Area by private enterprise. Factual basis: The proposed development is the construction of new large buildings that will be a mix of warehousing, manufacturing and distribution in the Project Area that is expected to retain existing jobs as well as create new jobs in the City, plus create new tax base for the City and the State. The development meets the City’s economic development goals in terms of tax base expansion, job retention, and wage levels. (4) The TIF Plan conforms to general plans for development of the City as a whole. Factual basis: The City Council has determined that the development proposed in the TIF Plan conforms to the City comprehensive plan. (5) The City is electing the method of tax increment computation set forth in Minnesota Statutes, Section 469.177, Subdivision 3(b) (see Section P). Section K Estimated Public Costs The estimated public costs of the TIF District are listed in the table on the following page. Such costs are eligible for reimbursement from tax increments of the TIF District. City of Lino Lakes and Lino Lakes Economic Development Authority Baker Tilly Municipal Advisors, LLC Page 7 Estimated Public Costs Estimated Amount Land/Building acquisition $0 Site Improvements/Preparation costs $2,672,614 Utilities $0 Other public improvements $600,000 Construction of affordable housing $0 Administrative expenses $172,240 Total Estimated Public Costs $3,444,854 Interest expenses $0 Total Costs $3,444,854 The Authority reserves the right to administratively adjust the amount of any of the items listed above or to incorporate additional eligible items, so long as the total estimated public costs ($3,444,854) do not increase. The Authority also reserves the right to fund any of the identified costs with any other legally available revenues, such as grants and/or loans, but anticipates that such costs will be primarily financed with tax increments. Section L Estimated Sources of Revenue Estimated Sources of Revenue Estimated Amount Tax Increment revenue $3,444,854 Interest on invested funds Total $3,444,854 The Authority anticipates providing financial assistance to the proposed development through pay-as-you- go financing in which the City will provide funding to the development. As revenues are collected from the TIF District in future years, a portion will be retained by the City and the remaining funds will be provided as reimbursement for certain identified costs as necessary within the TIF District to assist with financing the public costs incurred (see Section K). The City reserves the right to finance any or all public costs of the TIF District using pay-as-you-go assistance, internal funding, general obligation or revenue debt, or any other financing mechanism authorized by law. The Authority also reserves the right to use other sources of revenue legally applicable to the Project Area to pay for such costs including, but not limited to, special assessments, utility revenues, federal or state funds, and investment income. The projected tax increment report is included as Exhibit III. Section M Estimated Amount of Bonded Indebtedness The maximum principal amount of bonds (as defined in the TIF Act) secured in whole or part with tax increment from the TIF District is $3,444,854. The Authority currently plans to finance the public costs through pay-as-you-go financing. The Authority reserves the right to issue an interfund loan or issue bonds in any form, including without limitation any interfund loan with interest not to exceed the maximum permitted under Section 469.178, subd. 7 of the TIF Act. City of Lino Lakes and Lino Lakes Economic Development Authority Baker Tilly Municipal Advisors, LLC Page 8 Section N Original Net Tax Capacity The County Auditor shall certify the original net tax capacity of the TIF District. This value will be equal to the total net tax capacity of all property in the TIF District as certified by the State Commissioner of Revenue. For districts certified between January 1 and June 30, inclusive, this value is based on the previous assessment year. For districts certified between July 1 and December 31, inclusive, this value is based on the current assessment year. The Estimated Market Value of all property within the TIF District as of January 2, 2022, for taxes payable in 2023, is $699,300. Upon establishment of the TIF District, it is estimated that the original net tax capacity of the TIF District will increase as a result of the property reclassifying as commercial-industrial. Each year the County Auditor shall certify the amount that the original net tax capacity has increased or decreased as a result of: (1) changes in the tax-exempt status of property; (2) reductions or enlargements of the geographic area of the TIF District; (3) changes due to stipulation agreements or abatements; or (4) changes in property classification rates. Section O Original Tax Capacity Rate The County Auditor shall also certify the original tax capacity rate of the TIF District. This rate shall be the sum of all local tax rates that apply to property in the TIF District. This rate shall be for the same taxes payable year as the original net tax capacity. In future years, the amount of tax increment generated by the TIF District will be calculated using the lesser of (a) the sum of the current local tax rates at that time or (b) the original tax capacity rate of the TIF District. It is anticipated the request for certification of the District will occur after June 30, 2023 and the local tax rates for taxes levied in 2023 and payable in 2024 will apply. The payable 2024 rates are not available at the time of drafting of the TIF Plan. For purposes of estimating the tax increment generated by the TIF District, the sum of the local tax rates for taxes levied in 2021 and payable in 2022 of 105.106% have been used and are shown below: 2021/2022 Taxing Jurisdiction Local Tax Rate City of Lino Lakes 40.154% Anoka County 29.605% ISD 12 31.074% Other 4.273% Total 105.106% City of Lino Lakes and Lino Lakes Economic Development Authority Baker Tilly Municipal Advisors, LLC Page 9 Section P Projected Retained Captured Net Tax Capacity and Projected Tax Increment The Authority anticipates that the building construction will be completed by December 31, 2024, creating a total tax capacity for TIF District No. 1-14 of $609,740 as of January 2, 2025. The captured tax capacity as of that date is estimated to be $344,365 and the first full year of tax increment is estimated to be $361,948 payable in 2026. A complete schedule of estimated tax increment from the TIF District is shown in Exhibit III. The estimates shown in this TIF plan assume that commercial class rates remain at 1.5% of the estimated market value up to $150,000 and 2.0% of the estimated market value over $150,000 and assume 2% annual increases in market values. Each year the County Auditor shall determine the current net tax capacity of all property in the TIF District. To the extent that this total exceeds the original net tax capacity, the difference shall be known as the captured net tax capacity of the TIF District. For communities affected by the fiscal disparity provisions of Minnesota Statutes, Chapter 473F and Chapter 276A, the original net tax capacity of the TIF District shall be determined before the application of fiscal disparity. In subsequent years, the current net tax capacity shall either (a) be determined before the application of fiscal disparity or (b) exclude the product of any fiscal disparity increase in the TIF District (since the original net tax capacity was certified) times the appropriate fiscal disparity ratio. The method the Authority elects shall remain the same for the life of the TIF District, except that a single change may be made at any time from method (a) to method (b) above. The Authority elects method (b), or M.S. Section 469.177, Subdivision 3(b). The County Auditor shall certify to the Authority the amount of captured net tax capacity each year. The Authority may choose to retain any or all of this amount. It is the Authority's intention to retain 100% of the captured net tax capacity of the TIF District. Such amount shall be known as the retained captured net tax capacity of the TIF District. Exhibit II gives a listing of the various information and assumptions used in preparing a number of the exhibits contained in this TIF Plan, including Exhibit III which shows the projected tax increment generated over the anticipated life of the TIF District. Section Q Use of Tax Increment Each year the County Treasurer shall deduct 0.36% of the annual tax increment generated by the TIF District and pay such amount to the State's General Fund. Such amounts will be appropriated to the State Auditor for the cost of financial reporting and auditing of tax increment financing information throughout the state. Exhibit III shows the projected deduction for this purpose over the anticipated life of the TIF District. The Authority has determined that it will use 100% of the remaining tax increment generated by the TIF District for any of the following purposes: (1) pay for the estimated public costs of the TIF District (see Section K) and County administrative costs associated with the TIF District (see Section T); (2) pay principal and interest on tax increment bonds or other bonds issued to finance the estimated public costs of the TIF District; City of Lino Lakes and Lino Lakes Economic Development Authority Baker Tilly Municipal Advisors, LLC Page 10 (3) accumulate a reserve securing the payment of tax increment bonds or other bonds issued to finance the estimated public costs of the TIF District; (4) pay all or a portion of the county road costs as may be required by the County Board under M.S. Section 469.175, Subdivision 1a; or (5) return excess tax increments to the County Auditor for redistribution to the City, County and School District. Tax increments from property located in one county must be expended for the direct and primary benefit of a project located within that county, unless both county boards involved waive this requirement. Tax increments shall not be used to circumvent levy limitations applicable to the City. Tax increment shall not be used to finance the acquisition, construction, renovation, operation, or maintenance of a building to be used primarily and regularly for conducting the business of a municipality, county, school district, or any other local unit of government or the State or federal government, or for a commons area used as a public park, or a facility used for social, recreational, or conference purposes. This prohibition does not apply to the construction or renovation of a parking structure or of a privately- owned facility for conference purposes. If there exists any type of agreement or arrangement providing for the developer, or other beneficiary of assistance, to repay all or a portion of the assistance that was paid or financed with tax increments, such payments shall be subject to all of the restrictions imposed on the use of tax increments. Assistance includes sale of property at less than the cost of acquisition or fair market value, grants, ground or other leases at less then fair market rent, interest rate subsidies, utility service connections, roads, or other similar assistance that would otherwise be paid for by the developer or beneficiary. Section R Excess Tax Increment In any year in which the tax increments from the TIF District exceed the amount necessary to pay the estimated public costs authorized by the TIF Plan, the Authority shall use the excess tax increments to: (1) prepay any outstanding tax increment bonds; (2) discharge the pledge of tax increments thereof; (3) pay amounts into an escrow account dedicated to the payment of the tax increment bonds; or (4) return excess tax increments to the County Auditor for redistribution to the City, County and School District. The County Auditor must report to the Commissioner of Education the amount of any excess tax increment redistributed to the School District within 30 days of such redistribution. Section S Tax Increment Pooling and the Five-Year Rule At least 80% of the tax increments from the TIF District must be expended on activities within the district or to pay for bonds used to finance the estimated public costs of the TIF District (see Section E for additional restrictions). No more than 20% of the tax increments may be spent on costs outside of the TIF District but within the boundaries of the Project Area, except to pay debt service on credit enhanced bonds. All administrative expenses are considered to have been spent outside of the TIF District. Tax increments are considered to have been spent within the TIF District if such amounts are: City of Lino Lakes and Lino Lakes Economic Development Authority Baker Tilly Municipal Advisors, LLC Page 11 (1) actually paid to a third party for activities performed within the TIF District within five years after certification of the district; (2) used to pay bonds that were issued and sold to a third party, the proceeds of which are reasonably expected on the date of issuance to be spent within the later of the five-year period or a reasonable temporary period or are deposited in a reasonably required reserve or replacement fund. (3) used to make payments or reimbursements to a third party under binding contracts for activities performed within the TIF District, which were entered into within five years after certification of the district; or (4) used to reimburse a party for payment of eligible costs (including interest) incurred within five years from certification of the district. Beginning with the sixth year following certification of the TIF District, at least 80% of the tax increments must be used to pay outstanding bonds or make contractual payments obligated within the first five years. When outstanding bonds have been defeased and sufficient money has been set aside to pay for such contractual obligations, the TIF District must be decertified. The Authority anticipates that a portion of the tax increments may be spent outside of the TIF District (including allowable administrative expenses); and the Authority reserves the right to allow for tax increment pooling from the TIF District in the future. Section T Limitation on Administrative Expenses Administrative expenses are defined as all costs of the Authority other than: (1) amounts paid for the purchase of land; (2) amounts paid for materials and services, including architectural and engineering services directly connected with the physical development of the real property in the project; (3) relocation benefits paid to, or services provided for, persons residing or businesses located in the project; (4) amounts used to pay principal or interest on, fund a reserve for, or sell at a discount bonds issued pursuant to section 469.178; or (5) amounts used to pay other financial obligations to the extent those obligations were used to finance costs described in clause (1) to (3). Administrative expenses include amounts paid for services provided by bond counsel, fiscal consultants, planning or economic development consultants, and actual costs incurred by the County in administering the TIF District. Tax increments may be used to pay administrative expenses of the TIF District up to the lesser of (a) 10% of the total tax increment expenditures authorized by the TIF Plan or (b) 10% of the total tax increments received by the TIF District. Section U Limitation on Property Not Subject to Improvements - Four Year Rule If after four years from certification of the TIF District no demolition, rehabilitation, renovation of property or other site preparation, including qualified improvement of an adjacent street, has commenced on a parcel located within the TIF District, then that parcel shall be excluded from the TIF District and the City of Lino Lakes and Lino Lakes Economic Development Authority Baker Tilly Municipal Advisors, LLC Page 12 original net tax capacity shall be adjusted accordingly. Qualified improvements of a street are limited to construction or opening of a new street, relocation of a street, or substantial reconstruction or rebuilding of an existing street. The Authority must submit to the County Auditor, by February 1 of the fifth year, evidence that the required activity has taken place for each parcel in the TIF District. If a parcel is excluded from the TIF District and the Authority or owner of the parcel subsequently commences any of the above activities, the Authority shall certify to the County Auditor that such activity has commenced, and the parcel shall once again be included in the TIF District. The County Auditor shall certify the net tax capacity of the parcel, as most recently certified by the Commissioner of Revenue, and add such amount to the original net tax capacity of the TIF District. Section V Estimated Impact on Other Taxing Jurisdictions Exhibit IV shows the estimated impact on other taxing jurisdictions if the maximum projected retained captured net tax capacity of the TIF District was hypothetically available to the other taxing jurisdictions. The Authority believes that there will be no adverse impact on other taxing jurisdictions during the life of the TIF District, since the proposed development would not have occurred without the establishment of the TIF District and the provision of public assistance. A positive impact on other taxing jurisdictions will occur when the TIF District is decertified, and the development therein becomes part of the general tax base. The fiscal and economic implications of the proposed tax increment financing district, as pursuant to Minnesota Statutes, Section 469.175, Subdivision 2, are listed below. 1. The total amount of tax increment that will be generated over the life of the district is estimated to be $3,457,300. 2. To the extent the facility in the proposed TIF District generates any public cost impacts on city- provided services such as police and fire protection, public infrastructure, and borrowing costs attributable to the district, such costs will be levied upon the taxable net tax capacity of the City, excluding that portion captured by the District. The City does not anticipate issuing tax increment revenue bonds in conjunction with this project but reserves the right to issue bonds as necessary to facilitate development. 3. The amount of tax increments over the life of the district that would be attributable to school district levies, assuming the school district’s share of the total local tax rate for all taxing jurisdictions remained the same, is estimated to be $1,022,131. 4. The amount of tax increments over the life of the district that would be attributable to county levies, assuming the county’s share of the total local tax rate for all taxing jurisdictions remained the same is estimated to be $973,811. 5. No additional information has been requested by the county or school district that would enable it to determine additional costs that will accrue to it due to the development proposed for the district. Section W Prior Planned Improvements The City shall accompany its request for certification to the County Auditor (or notice of district enlargement), with a listing of all properties within the TIF District for which building permits have been issued during the 18 months immediately preceding approval of the TIF Plan. The County Auditor shall increase the original net tax capacity of the TIF District by the net tax capacity of each improvement for which a building permit was issued. City of Lino Lakes and Lino Lakes Economic Development Authority Baker Tilly Municipal Advisors, LLC Page 13 There have been no building permits issued in the last 18 months in conjunction with any of the properties within the TIF District. Section X Development Agreements If within a project containing an economic development district, more than 10% of the acreage of the property to be acquired by the Authority is purchased with tax increment bonds proceeds (to which tax increment from the property is pledged), then prior to such acquisition, the Authority must enter into an agreement for the development of the property. Such agreement must provide recourse for the Authority should the development not be completed. The Authority anticipates entering into an agreement with the Developer relating to the project. Section Y Assessment Agreements The Authority may, upon entering into a development agreement, also enter into an assessment agreement with the developer, which establishes a minimum market value of the land and improvements for each year during the life of the TIF District. The assessment agreement shall be presented to the County or City Assessor who shall review the plans and specifications for the improvements to be constructed, review the market value previously assigned to the land, and so long as the minimum market value contained in the assessment agreement appears to be an accurate estimate, shall certify the assessment agreement as reasonable. The assessment agreement shall be filed for record in the office of the County Recorder of each county where the property is located. Any modification or premature termination of this agreement must first be approved by the City, County and School District. The Authority does not anticipate entering into an assessment agreement. Section Z Modifications of the Tax Increment Financing Plan Any reduction or enlargement in the geographic area of the Project Area or the TIF District; increase in the amount of bonded indebtedness to be incurred; determination to capitalize interest on the debt if it was not part of original plan; increase in that portion of the captured net tax capacity to be retained by the Authority; increase in the total estimated public costs; or designation of additional property to be acquired by the Authority shall be approved only after satisfying all the necessary requirements for approval of the original TIF Plan. This paragraph does not apply if: (1) the only modification is elimination of parcels from the TIF District; and (2) the current net tax capacity of the parcels eliminated equals or exceeds the net tax capacity of those parcels in the TIF District's original net tax capacity, or the Authority agrees that the TIF District's original net tax capacity will be reduced by no more than the current net tax capacity of the parcels eliminated. The Authority must notify the County Auditor of any modification that reduces or enlarges the geographic area of the TIF District. The geographic area of the TIF District may be reduced but not enlarged after five years following the date of certification. City of Lino Lakes and Lino Lakes Economic Development Authority Baker Tilly Municipal Advisors, LLC Page 14 Section AA Administration of the Tax Increment Financing Plan Upon adoption of the TIF Plan, the Authority shall submit a copy of such plan to the Minnesota Department of Revenue. The Authority shall also request that the County Auditor certify the original net tax capacity and net tax capacity rate of the TIF District. To assist the County Auditor in this process, the Authority shall submit copies of the TIF Plan, the resolution establishing the TIF District and adopting the TIF Plan, and a listing of any prior planned improvements. The Authority shall also send the County Assessor any assessment agreement establishing the minimum market value of land and improvements in the TIF District and shall request that the County Assessor review and certify this assessment agreement as reasonable. The County shall distribute to the Authority the amount of tax increment as it becomes available. The amount of tax increment in any year represents the applicable property taxes generated by the retained captured net tax capacity of the TIF District. The amount of tax increment may change due to development anticipated by the TIF Plan, other development, inflation of property values, or changes in property classification rates or formulas. In administering and implementing the TIF Plan, the following actions should occur on an annual basis: (1) prior to July 1, the Authority shall notify the County Assessor of any new development that has occurred in the TIF District during the past year to ensure that the new value will be recorded in a timely manner. (2) if the County Auditor receives the request for certification of a new TIF District, or for modification of an existing TIF District, before July 1, the request shall be recognized in determining local tax rates for the current and subsequent levy years. Requests received on or after July 1 shall be used to determine local tax rates in subsequent years. (3) each year the County Auditor shall certify the amount of the original net tax capacity of the TIF District. The amount certified shall reflect any changes that occur as a result of the following: (a) the value of property that changes from tax-exempt to taxable shall be added to the original net tax capacity of the TIF District. The reverse shall also apply; (b) the original net tax capacity may be modified by any approved enlargement or reduction of the TIF District; (c) if laws governing the classification of real property cause changes to the percentage of estimated market value to be applied for property tax purposes, then the resulting increase or decrease in net tax capacity shall be applied proportionately to the original net tax capacity and the retained captured net tax capacity of the TIF District. The County Auditor shall notify the Authority of all changes made to the original net tax capacity of the TIF District. Section AB Filing TIF Plan, Financial Reporting and Disclosure Requirements The Authority will file the TIF Plan, and any subsequent amendments thereto, with the Commissioner of Revenue and the Office of the State Auditor pursuant to Minnesota Statutes, Section 469.175, subdivision 4A. The Authority will comply with all reporting requirements for the TIF District under Minnesota Statutes, Section 469.175, subdivisions 5 and 6. Exhibit I Map of Tax Increment Financing (Economic Development) District No. 1-14 Proposed Tax Increment District Clearwater Creek Business Park 0 300 600 Feet 1,200 Ü  9/7/2022 Exhibit II Assumptions Report City of Lino Lakes, Minnesota Tax Increment Financing (Economic Development) District No. 1-14 Clearwater Creek Business Park Project Draft TIF Plan Exhibits: 451,000 SF 3 Bldgs valued at $70/SF Type of Tax Increment Financing District Economic Development Maximum Duration of TIF District 8 years from 1st increment Projected Certification Request Date 01/07/23 Decertification Date 12/31/33 (9 Years of Increment) 2022/2023 Base Estimated Market Value * $699,300 PID: 24-31-22-31-0004 24-31-22-24-0009 24-31-22-24-0008 24-31-22-24-0002 Original Net Tax Capacity $13,986 Assessment/Collection Year 2023/2024 2024/2025 2025/2026 2026/2027 Base Estimated Market Value $699,300 $699,300 $699,300 $699,300 Increase in Estimated Market Value 0 18,116,700 29,637,020 31,853,746 Total Estimated Market Value 699,300 18,816,000 30,336,320 32,553,046 Total Net Tax Capacity $13,986 $375,570 $605,976 $650,311 City of Lino Lakes 40.154% Anoka County 29.605% ISD # 12 31.074% Other (61 - 36012B) 4.273% Local Tax Capacity Rate 105.106% Payable 2022 Anticipated Frozen Tax Capacity Rate 105.106% Fiscal Disparities Contribution From TIF District 42.1968% Administrative Retainage Percent (maximum = 10%) 5.00% Pooling Percent 0.00% Present Value Date & Rate 08/01/23 4.00% Net Amount to Developer 2,900,000 Notes * Base market values for parcels within district. Tax capacity calculated at 1.5%/2% class rate. Assume property will be classified as commercial/industrial upon project completion. Projections assume no future changes to class rates or tax rates, and include 2% annual market value inflator. Development includes construction commencing in 2023 and complete in 2024 Exhibit III Projected Tax Increment Report City of Lino Lakes, MinnesotaTax Increment Financing (Economic Development) District No. 1-14Clearwater Creek Business Park ProjectDraft TIF Plan Exhibits: 451,000 SF 3 Bldgs valued at $70/SFLess: Less: Retained Times: Less: Annual Less: Less:Annual Total Total Original Fiscal Captured Tax Annual State Aud. Revenue Admin. Pooling AnnualPeriod Market Net Tax Net Tax Disp. @ Net Tax Capacity Gross Tax Deduction Net of Retainage Retainage NetEnding Value * Capacity Capacity ** 42.1968% Capacity Rate *** Increment 0.360% OSA Deduction 5.00% 0.00% Revenue(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13)12/31/23 699,300 13,986 13,986 0 0 105.106% 0 0 0 0 0 012/31/24 699,300 13,986 13,986 0 0 105.106% 0 0 0 0 0 012/31/25 18,816,000 375,570 13,986 152,577 209,007 105.106% 219,679 791 218,888 10,944 0 207,94412/31/26 30,336,320 605,976 13,986 249,801 342,189 105.106% 359,662 1,295 358,367 17,918 0 340,44912/31/27 32,553,046 650,311 13,986 268,509 367,816 105.106% 386,597 1,392 385,205 19,260 0 365,94512/31/28 33,204,107 663,332 13,986 274,003 375,343 105.106% 394,508 1,420 393,088 19,654 0 373,43412/31/29 33,868,189 676,614 13,986 279,608 383,020 105.106% 402,577 1,449 401,128 20,056 0 381,07212/31/30 34,545,553 690,161 13,986 285,324 390,851 105.106% 410,808 1,479 409,329 20,466 0 388,86312/31/31 35,236,464 703,979 13,986 291,155 398,838 105.106% 419,203 1,509 417,694 20,885 0 396,80912/31/32 35,941,194 718,074 13,986 297,103 406,985 105.106% 427,766 1,540 426,226 21,311 0 404,91512/31/33 36,660,017 732,450 13,986 303,169 415,295 105.106% 436,500 1,571 434,929 21,746 0 413,183$3,457,300 $12,446 $3,444,854 $172,240 $0 $3,272,614* Total Taxable Value based on new estimated land and building value of $70/square foot for 451,000 square feet between all buildings** Original net tax capacity based on existing taxable land value of one property and calculated based on reclassification to commercial-industrial class rates*** Total Combined Local Tax Capacity Rate of City, County, School District and other taxing jurisdictions for taxes payable 2022 Exhibit IV Estimated Impact on Other Taxing Jurisdictions ReportCity of Lino Lakes, MinnesotaTax Increment Financing (Economic Development) District No. 1-14Clearwater Creek Business Park ProjectDraft TIF Plan Exhibits: 451,000 SF 3 Bldgs valued at $70/SFWithoutProject or TIF District With Project and TIF DistrictProjected Hypothetical2021/2022 2021/2022 Retained New Hypothetical Hypothetical Tax GeneratedTaxable 2021/2022 Taxable Captured Taxable Adjusted Decrease In by RetainedTaxing Net Tax Local Net Tax Net Tax Net Tax Local Local CapturedJurisdiction Capacity (1) Tax Rate Capacity (1) + Capacity = Capacity Tax Rate (*) Tax Rate (*) N.T.C. (*)City of Lino Lakes 29,439,929 40.154% 29,439,929 $415,295 29,855,224 39.595% 0.559% 164,438Anoka County 482,873,486 29.605% 482,873,486 415,295 483,288,781 29.580% 0.025% 122,843ISD # 12 47,053,418 31.074% 47,053,418 415,295 47,468,713 30.802% 0.272% 127,920 Other (2) --- 4.273% --- 415,295 --- 4.273% --- --- Totals 105.106% 104.250% 0.856% * Statement 1: If the projected Retained Captured Net Tax Capacity of the TIF District was hypothetically available to each ofthe taxing jurisdictions above, the result would be a lower local tax rate (see Hypothetical Adjusted Tax Rate above)which would produce the same amount of taxes for each taxing jurisdiction. In such a case, the total local tax ratewould decrease by 0.856% (see Hypothetical Decrease in Local Tax Rate above). The hypothetical tax that theRetained Captured Net Tax Capacity of the TIF District would generate is also shown above.Statement 2: Since the projected Retained Captured Net Tax Capacity of the TIF District is not available to the taxing jurisdictions,then there is no impact on taxes levied or local tax rates. (1) Taxable net tax capacity = total net tax capacity - captured TIF - fiscal disparity contribution, if applicable. (2) The impact on these taxing jurisdictions is negligible since they represent only 4.07% of the total tax rate. Exhibit V Market Value Analysis Report City of Lino Lakes, Minnesota Tax Increment Financing (Economic Development) District No. 1-14 Clearwater Creek Business Park Project Draft TIF Plan Exhibits: 451,000 SF 3 Bldgs valued at $70/SF Assumptions Present Value Date 08/01/23 P.V. Rate - Gross T.I. 4.00% Increase in EMV With TIF District $35,960,717 Less: P.V of Gross Tax Increment 2,692,001 Subtotal $33,268,716 Less: Increase in EMV Without TIF 0 Difference $33,268,716 Annual Present Gross Tax Value @ Year Increment 4.00% 1 2025 219,679 201,782 2 2026 359,663 317,656 3 2027 386,598 328,312 4 2028 394,509 322,145 5 2029 402,578 316,090 6 2030 410,809 310,147 7 2031 419,204 304,313 8 2032 427,767 298,585 9 2033 436,501 292,963 $3,457,326 $2,692,001 1 CITY COUNCIL AGENDA ITEM 6C STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: October 10, 2022 TOPIC: 601 Apollo Drive Retail i. Consider 1st Reading of Ordinance No. 04-22, Marketplace PDO Amendment #3 ii. Consider Resolution No. 22-115 Approving Marketplace PDO Amendment #3 for Site & Building Plans iii. Consider Resolution No. 22-116 Approving Site Improvement Performance Agreement VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting consideration of the above noted ordinance and resolutions. Complete Application Date: August 16, 2022 60-Day Review Deadline: October 15, 2022 Environmental Board Meeting: August 31, 2022 Park Board Meeting: N/A Planning & Zoning Board Meeting: September 14, 2022 City Council Work Session: October 3, 2022 City Council Meeting: October 10, 2022 BACKGROUND The applicant, Java Lino Retail, LLC, submitted a Land Use Application for two (2) separate commercial buildings (a 4,200 sf dental clinic and a 2,240 sf coffee shop) and a drive thru ATM on one (1) lot located at 601 Apollo Drive. Per the Marketplace Planned Development Overlay (PDO) Design Guidelines Ordinance No. 03-05 and site plan, this lot is to be developed as a bank. An amendment to the ordinance is required to change the site use from a bank to the proposed uses. This staff report is based on the followings plan sets: • ALTA Survey prepared by Design Tree dated April 18, 2022 • Site and Civil Plans prepared by Design Tree revision date September 21, 2022 2 • Final Stormwater Management Study prepared by Design Tree dated July 29, 2022 • Architectural Plans prepared by Lampert Architects revised September 28, 2022 • Landscape Plans prepared by Plan-Type revision date September 29, 2022 • Photometric Plan prepared by Viking Electric dated July 28, 2022 • Applicant Narrative prepared by Java Companies dated July 29, 2022 This Council staff report provides edits to the September 14, 2022 Planning & Zoning staff report. Changes are either narratively described or shown as strikethrough (deletions) or underline (additions). ANALYSIS History Lino Lakes Marketplace is a master planned shopping/retail center approved in 2001. The development includes Target and Kohl’s, the four (4) Apollo Drive retail buildings, Subway and those commercial buildings and lots along Lake Drive. Ordinance No. 16-01 and amended by Ordinance No. 03-05 regulates site plan and design guidelines for the development. The design guidelines detail requirements for building composition, materials, lighting, signage, landscaping and building elevations. Per the Marketplace Site Plan, the subject site is shown as a future 4,500 sf bank. Per the Marketplace Planned Development Overlay (PDO) Design Guidelines Ordinance No. 03-05, substantial departures from the approved plans require an amendment to the ordinance. The following is a summary of Marketplace PDO amendments: • Ordinance No. 16-01: Original PDO establishing Marketplace Design Guidelines • Ordinance No. 03-05: PDO Amendment #1-Site Plan & Retail Architectural Standards • Ordinance No. 03-20: PDO Amendment #2-Amend Building Plans for Retail B Building (617 Apollo Drive) • Ordinance No. 04-22: PDO Amendment #3-Amend Site Plan for 601 Apollo Drive Zoning and Land Use The subject site is zoned GB, General Business with a PDO, Planned Development Overlay as established by Ordinance No. 16-01 and amended by Ordinance No. 03-05. The proposed dental clinic, coffee shop, and drive-thru ATM are permitted commercial uses. Current Zoning GB, General Business w/ PDO Existing Land Use Vacant Commercial Future Land Use per CP Commercial Utility Staging Area 1A=2018-2025 Surrounding Zoning and Land Use 3 Direction Zoning Existing Land Use Future Land Use North GB-General Business Commercial Commercial East GB-General Business Commercial Commercial South GB-General Business Commercial Commercial West GB-General Business Commercial Commercial Subdivision Ordinance The lot is an existing platted lot and is not being further subdivided. Streets and Alleys CSAH 23 (Lake Drive) is an A-Minor Reliever road and Apollo Drive and Market Place Drive are local roads. One access to the site is off of the private street (also referred to as Market Place Drive) and aligns with the private street between 609 Apollo Drive (Subway) and 617 Apollo Drive (Eagle Liquors & MC Tap). Easements A 10ft wide drainage and utility easement was dedicated on the Lino Lakes Market Place 2nd Addition plat along the south and west lot lines. A 14ft wide drainage and utility easement was also dedicated over the east lot line. The east lot line extends to the center of the private street. Public Land Dedication Park dedication fees were paid with the original Lino Lakes Market Place plat. No additional public land dedication or fees are required. Site and Building Plan Review The Lino Lakes Marketplace PDO Design Guidelines are the regulating zoning and performance standards for the subject site. Existing ALTA Survey The 1.32 acre site is legally described as Lot 2, Block 1, Lino Lakes Market Place 2nd Addition. The site has been graded and is pad ready. A private street provides access to the lot. There is a 15ft wide pedestrian and bicycle trail easement along CSAH 23/Lake Drive. The monument sign for Target and Kohls is located in the southwest corner of the site. Sidewalk exists along the south and east lot lines. 4 Several private Declarations and Operation and Easement Agreements encumber the property. A Third Amendment to the Operation and Easement Agreement between Target, Prior Lake, and Kohl’s has been drafted by the applicant and shall be recorded. The Amendment changes the site plan to allow for the proposed retail buildings (dentist, coffee shop and ATM). Site Plan Per applicant’s narrative, “The Lino Retail project will consist of a 4,200 square foot dental clinic, 2,240 square foot coffee shop and a drive thru ATM.” The two (2) buildings and drive thru ATM are proposed on the one (1) lot. The parking lot is located north and east of the buildings. A drive thru lane extends around the buildings and adjacent to CSAH 23 (Lake Drive). The PDO, Planned Development Overlay zoning provides flexibility to allow for multiple buildings on one (1) lot. The two (2) buildings have 10ft of separation. A small outdoor dining/patio area is proposed to the east of the coffee shop. Staff Comments: 1. All plan sheets shall be signed by licensed professional. 2. All one-way drive aisles and drive thru lanes shall be a minimum 12ft wide. 3. All two-way drive aisles and drive thru lanes shall be a minimum 24ft wide. 4. A sidewalk shall be stubbed from the east lot line to the parking lot. 5. The line shown between the buildings shall be removed to avoid confusion that it appears to be a lot line. 6. The trash enclosure shall be located to the northeast corner of the site to be consistent with 625 Apollo Drive (Dairy Queen) and 633 Apollo Drive (Discount Tire). 7. The building setback line along Apollo Drive shall be changed to 30ft. 8. An administrative permit is required for any accessory outdoor dining. Overall, the proposed site plan meets the Marketplace Design Guidelines and performance standard requirements unless otherwise noted. Lot Size and Setbacks MP Design Guideline Requirements 601 Apollo Retail Setbacks-Street Required Proposed Principal Building-CSAH 23 (arterial) 40 ft 46 ft Parking Lot 15 ft 15ft Principal Building-Apollo Dr (local) 30 ft 65 ft Parking Lot 15 ft 15 ft Principal Building-Private Streeta 30 ft 100 ft 5 Parking Lota 15 ft 25 ft Setbacks-North Lot Line Required Proposed Principal Building 10 ft 160-200 ft Accessory Building (attached trash enclosure) 5 ft TBD ft Parking Lot/Driveway 10 ft 60 -210 ft aSetbacks are measured from the lot line which is the centerline of the private street. This is consistent with the Marketplace Design Guidelines. Setback requirements are met. Architectural Plans and Exterior Building Materials Exterior materials and colors consist of matte black prefinished metal flashing, storm grey EIFS, morning mist EIFS, glen-gery light grey brick accents, dark shadow and oak block and awnings. Green awnings on the coffee shop provide brand identity. The color palette combines the tan /beige colors of the existing Marketplace retail buildings with more modern grey and dark colors, similar to 609 Apollo Drive (Subway). City ordinance allows for stucco or EIFS on no more than 30% of the primary front building elevation and no more than 60% of any side or rear building elevation. The Marketplace Design Guidelines also allows for EIFS but does not specify %. The primary front elevations face east and have 29.4% & 17.6& stucco. The rear west elevations face north towards Lake Drive and both have 19.3% stucco. The south elevations have 21.1% and 35.4% stucco and the north elevations have 24.8% and 35.4% stucco. The buildings have a 2ft high oak colored block base. The two (2) different grey color EFIS bands create the building tops. The materials and percentages are compliant with City zoning ordinance performance standards and the Marketplace Design Guidelines. The building height is 19’ 4” which is less than the maximum 45’ allowed. The trash enclosure is 6’8” in height and has 8” rockface concrete block and color to match building. The gate is constructed of vertical composite wood siding and swing gate with minimum 80% opacity. The trash enclosure meet performance standards. The mechanical equipment is located inside the buildings. The building will be sprinkled for fire suppression. Staff Comments 1. The buildings shall include a more defined cornice similar to Discount Tire or Dairy Queen. 6 a. The Planning & Zoning Board did not recommend a more defined cornice. Outdoor Lighting Per Section 1007.043(6)(d), no light source shall exceed 1.0 foot candle onto right of way or 0.4 foot candle onto adjacent property. Page M, Photometric Site Plan shows all foot candle measurements meet requirements. Light fixtures on both the building and 20’ high light poles are down lit and cutoff as required by city code. Off-Street Parking Requirements Per City Code Section 1007.044(6): (l) Office Buildings, Veterinary Hospitals, Professional Offices and Medical Clinics. Three (3) spaces plus at least one (1) space for each two hundred (200) square feet of floor area. For the 4,200sf dentist office with 3,780sf floor area: Three (3) spaces + (3,780/200) = 22 spaces required. (r) Restaurants, Cafes, Private Clubs Serving Food and/or Drinks, Bars, On-Sale Nightclubs. Ten (10) spaces for each one thousand (1,000) square feet of dining room, plus one (1) space for each employee of the maximum work shift. For the 2,240sf coffee shop with 1,120sf of dining room and 6 employees: (10 spaces x (1,120/1,000)) + 6 = 17 spaces required. A total of 39 spaces are required. The site has 41 spaces plus 2 ADA spaces for a total of 43 spaces. Parking requirements are met for both the dentist office and coffee shop. Accessory Uses: Drive Through Service Facilities Per City Code Section 1007.112(7): (b) Drive-through service facilities: 1. Not less than one hundred twenty (120) feet of segregated automobile stacking must be provided for the single service lane. Where multiple service lanes are provided, the minimum automobile stacking may be reduced to sixty (60) feet per lane. Over 300ft of automobile stacking space is provided. 7 2. The stacking lane and its access must be designed to control traffic in a manner to protect the buildings and will not interfere with on-site traffic circulation or access to the required parking space. The stacking lanes and access are designed to control traffic. 3. No part of the public street or boulevard may be used for stacking of automobiles. No part of the public street is used for stacking. 4. The stacking lane, order board intercom, and window placement shall be designed and located in such a manner as to minimize glare to adjacent premises, particularly residential premises, and to maximize maneuverability of vehicles on the site. Glare is minimized and there are no adjacent residential premises. 5. The drive-through window and its stacking lanes shall be screened from view of adjoining residential zoning districts and public street rights-of-way. There are no adjoining residential zoning districts and the stacking lanes are screened from street right-of-way. 6. A lighting and photometric plan will be required that illustrates the drive- through service lane lighting and shall comply with §1007.043 (6) of this Ordinance. A lighting and photometric plan have been submitted and they meet zoning ordinance requirements. Grading Plan and Stormwater Management Per the Final Stormwater Management Study prepared by Design Tree dated July 29, 2022, the existing site is currently undeveloped with no existing structures or infrastructure. Runoff from the site flows east and discharges into the existing storm sewer located in Market Place Drive right-of-way. The site consists mostly of soils classified as Hydrologic Soil Group “A” which are considered to have high infiltration rates when thoroughly wet. A series of porous pavement and storm sewer pipe BMP’s have been proposed that meet the City’s and the RCWD’s rules and regulations for water quality volume and rate control. Public Utilities The buildings will be municipally served by an 8” sanitary sewer main and an 8” watermain located along Market Place Drive. Tree Preservation and Mitigation Standards 8 Per the August 31, 2022 Environmental Board staff report: A Master Landscape Plan for the retail area bounded by Lake Drive to the west, 77th Street to the north, and Apollo Drive to the south was approved with conditions in August of 2001. A revision submitted in October of 2001 incorporated the required changes and became the approved final landscape plan for the area. The landscape plan submitted for the 601 Apollo Drive Retail project should thus be measured against the approved Master Landscape Plan from 2001, rather than strictly adhering to current ordinance. The submitted landscape plan is an improvement upon the Master Landscape Plan in several respects. • The 2001 plan called for 34 large tree equivalents and 29 large shrub equivalents. The current submittal calls for 47 large tree equivalents and 110 large shrub equivalents. • The ash trees (Fraxinus pennsylvanica) called for on the south perimeter have been replaced with lindens (Tilia Americana) and sycamores (Plantanus x acerifolia ‘Morton Circle’). • The current plan calls for additional trees on the borders shared with Lake Drive, the property to the north, and Apollo Drive. This provides buffer and screening, which will improve the aesthetics of this corner lot. • There are more trees in the parking lot islands to provide additional canopy cover and shading of the vehicular hardscape area. • Numerous shrubs have been added in the foundation landscape area. • Diversity of plant species has increased significantly as compared to the 2001 landscape plan. Landscape requirements have been met. Sod and Ground Cover Standards All areas not otherwise improved in accordance with the approved site plans shall have a minimum depth of 4 inches of topsoil and be sodded including boulevard areas. Seed may be provided in lieu of sod in certain cases, including when the area is adjacent to natural areas or wetlands. Mn DOT seed mix 25-151 will be used for temporary stabilization. Permanent stabilization will be sod. Signage A separate sign permit application shall be submitted to the City and approved prior to signage installation. Signage shall be compliant with the Marketplace Design Guidelines. Impervious Surface Coverage 9 The allowed impervious surface coverage in the GB, General Business District is 75%. The proposed impervious surface coverage 66.8% and is compliant. Traffic Study A traffic study is not required. CSAH 23 (Lake Drive) is an A-Minor Reliever and has capacity for the retail traffic. The site is part of a master planned development. Environmental Assessment Worksheet An environmental assessment is not required for the retail development. Wetlands There are no wetlands on site. Shoreland Management Overlay District The site is not within the shoreland district. Floodplain There is no FEMA floodplain on site. Additional City and Government Agency Review Comments Anoka County Highway Department Anoka County Highway Department received the plans and did not have any comments. Public Safety Comments The Fire Division is requesting a hydrant in front of the business with the drive through. They are also requesting the FDC be located on this side of the business as well. The Police Division had no issues that needed to be addressed. Environmental Board The Environmental Board recommended approval of the development proposal at their August 31, 2022 meeting. Planning & Zoning Board The Planning & Zoning Board held a public hearing on September 14, 2022. There were no public comments. The Board recommend approval with a 5-0 vote with the following revisions: 10 1. The buildings do not need a more defined cornice. 2. Any future changes in use on this lot (Lot 2, Block 1, Lino Lakes Market Place 2nd Addition) shall be consistent with the permitted uses, accessory uses, and conditional uses listed in the City’s GB, General Business zoning district. Agreements Stormwater Maintenance Agreement The stormwater facilities on the site will be privately maintained and a Declaration for Maintenance of Stormwater Facilities will be required. Development Agreement and Final Plat The lot is not being subdivided; therefore, a development agreement is not required. Site Improvement Performance Agreement A Site Improvement Performance Agreement will be prepared by the City and shall be executed. Comprehensive Plan Resource Management System The Resource Management System Plan goal of preserving surface water quality is supported by the construction of stormwater management BMP’s such as curb, gutter, and porous pavement. Land Use Plan The Comprehensive Plan guides this property for commercial use. The proposed retail development is consistent with commercial land use. Housing Plan The goals and policies of Housing Plan are not negatively impacted by the retail development. Transportation Plan Goals of the Transportation Plan are to ensure that streets are as safe as possible and to reduce unnecessary traffic. CSAH 23 (Lake Drive) is an A-Minor Reliever road and has structural capacity to handle the traffic volume of the retail development. Sanitary Sewer and Water Supply Plan The building will be municipally served by an 8” sanitary sewer main and an 8” watermain located along Market Place Drive. 11 The existing sanitary sewer and water supply system have capacity for the retail development. Finding of Fact Ordinance No. 04-22 and Resolution No. 22-115 detail the finding of fact. RECOMMENDATION Staff and Boards recommend approval of the Marketplace PDO Amendment #3 and site plan & building plan review for 601 Apollo Drive Retail ATTACHMENTS 1. Site Location and Aerial Map 2. Civil Site Plan 3. Architectural Plan Set & Exterior Materials 4. Ordinance No. 04-22 5. Resolution No. 22-115 6. Resolution No. 22-116 7. Site Improvement Performance Agreement 0 100 20050 Feet 609609 717717 76417641 625625 601601 709709 76217621 701701 APOLLO DRAPOLLO DR AAPPOOLLLLOODDRR Site Location & Aerial Map601 Apollo Dr Retail µCSAH 23 (Lake Drive)Market Place Drive THIS DRAWING AND THE INFORMATION THEREIN IS THE PROPERTY OF DESIGN TREE ENGINEERING INC. USE BY THE HOLDER OR DISCLOSURE TO OTHERS WITHOUT THE PERMISSION OF DESIGN TREE ENGINEERING INC. IS PROHIBITED. IT CONTAINS PROPRIETARY AND CONFIDENTIAL INFORMATION OF DESIGN TREE ENGINEERING INC. REPRODUCTION OF THE MATERIAL HEREIN WITHOUT WRITTEN ERMISSION OF DESIGN TREE ENGINEERING INC. VIOLATES THE COPYRIGHT LAWS OF THE UNITED STATES AND WILL SUBJECT THE VIOLATORS TO LEGAL PROSECUTION. COPYRIGHT @ 2022 BY DESIGN TREE ENGINEERING I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. DRAWING NO. DRAWN BY: CHECKED BY: PROJECT NO.: NO.DATE DESCRIPTION DATE:LICENSE #: PRINTED NAME:JEREMY E. ANDERSON 44223 10921005 APOLLO DRIVE RETAIL 601 APOLLO DR. LINO LAKES, MN 55014 07/29/22 RJK JEA PARKING INFORMATION PARKING STALLS 41 STALLS ACCESSIBLE STALLS 2 STALLS TOTAL STALLS 43 STALLS PROPERTY INFORMATION TOTAL PROPERTY AREA 1.324 AC DISTURBED AREA 1.2 ±AC EXISTING IMPERVIOUS AREA 0.121 AC PROPOSED IMPERVIOUS AREA 0.934 AC NET INCREASE IMPERVIOUS AREA 0.813 AC PROPOSED SITE LEGEND LIGHT DUTY BITUMINOUS PAVEMENT POROUS BITUMINOUS PAVEMENT CONCRETE PAVEMENT CONCRETE SIDEWALK CURB AND GUTTER TIPPED CURB AND GUTTER PAINTED DIRECTIONAL ARROW PAINTED ACCESSIBLE PARKING SYMBOL 0'20'40' NOTES: 1.ALL DIMENSIONS SHOWN ARE TO FLOW LINE, CENTERLINE OF FENCE, EDGE OF PAVEMENT, OR EXTERIOR FACE OF BUILDING, UNLESS OTHERWISE NOTED. 2.CONTRACTOR SHALL VERIFY ALL PLAN AND DETAIL DIMENSIONS PRIOR TO CONSTRUCTION. 3.ALL INTERIOR PARKING STALL STRIPING SHALL BE 4" AND YELLOW IN COLOR. 4.ACCESSIBLE PARKING STALL STRIPING, ACCESS AISLE, AND SYMBOL SHALL BE PAINTED IN ACCORDANCE WITH LOCAL AUTHORITY REQUIREMENTS. 5.ALL CURB AND GUTTER SHALL BE B612 UNLESS OTHERWISE NOTED. 6.CONTRACTOR SHALL MAINTAIN FULL ACCESS TO ADJACENT PROPERTIES DURING CONSTRUCTION AND TAKE ALL PRECAUTIONS NECESSARY TO AVOID PROPERTY DAMAGE TO ADJACENT PROPERTIES. 7.ALL SITE WORK SHALL BE PERFORMED IN ACCORDANCE WITH THE RECOMMENDATIONS OF THE GEOTECHNICAL ENGINEER. 8.GOPHER STATE ONE CALL DAMAGE PREVENTION SYSTEM FOR BURIED UTILITIES. 1-800-252-1166. 1 2 B612 CURB AND GUTTER ADA PEDESTRIAN RAMP (SEE DETAILS) PARKING STRIPING TRASH ENCLOSURE CONCRETE SIDEWALK ATM (SEE ARCHITECTURAL) SITE FURNITURE (SEE ARCHITECTURAL) REPLACE CONCRETE SIDEWALK, CURB, AND BITUMINOUS PAVEMENT AS NEEDED FOR UTILITY CONNECTIONS 7" STEP AT STOOP EDGE 8' WIDE CURB CUT SPLASH BLOCK FOR ROOF DRAINS 3 4 5 KEY NOTES: SITE PLAN C201LAKE DRIVEMARKET PLACE DRIVEAPO L L O D R I V E40'-0" BUILDING SETBACK30'-0" BUILDING SETBACK10'- 0 " B U I L D I N G & P A R K I N G S E T B A C K 15'-0" PARKING SETBACK15'-0 " P A R K I N G S E T B A C K 15'-0" PARKING SETBACKPR O P O S E D B U I L D I N G A4,2 0 0 S F PR O P O S E D B U I L D I N G B2,2 4 0 S F R15.50 R29.50 R10. 0 0 R15.50R5.50 R5 . 5 8 R5.50 R5.50 R5.50R18.50R41.50R5.50 R10.50 R18.5 0 R3. 5 0 R5.50 R24.5 0 R5.50 R5 . 5 0 23.0023. 0 0 11. 5 0 11. 5 0 7.0011.0011.0015. 6 7 15. 6 7 10.6710.6710.004.6718. 0 0 (TY P )9.00(TYP)9.0018. 0 0 (TY P )9.00(TYP)25.0018.00(TYP)18.00(TYP)9.0 0 (TY P ) 9.0 0 (TY P )23.006.3318. 0 0 4.3325.508.8 7 6.0 8 24. 0 0 1911 6 7 46. 1 7 46. 1 7 7.5 0 3.8 3 9.009.007.5 0 26. 5 0 1 1 1 3 3 4 5 5 22.886 7 6 7 2 8 8 9 9 9 9 10 10 11 11 11 11 1 1st Reading: Publication: 2nd Reading: Effective: CITY OF LINO LAKES ORDINANCE NO. 04-22 MARKETPLACE PDO AMENDMENT #3 FOR SITE AND BUILDING PLANS FOR 601 APOLLO DRIVE RETAIL The City Council of Lino Lakes ordains: Section 1: Finding of Fact 1. The City received a Land Use Application to amend the Marketplace Planned Development (PDO) Design Guidelines Ordinance No. 03-05. 2. Ordinance No. 03-05 regulates site plan and design guidelines for the Marketplace development and states under Special Provisions #4 that substantial departures from the approved plans will require an amendment to the Planned Development Overlay (PDO). 3. Per the Marketplace PDO Site Plan, the subject site is a future bank. 4. The applicant is proposing to construct a dental clinic, coffee shop, and ATM drive-thru that will require modifications to the site plan and building elevations. 5. The Planning and Zoning Board held a public hearing on September 14, 2022 and recommended approval the PDO Amendment #3 and the site and building plans. 6. Per City Zoning Ordinance Section 1007.015(5), the Planning and Zoning Board shall consider possible adverse effects of the proposed ordinance amendment. Its judgement shall be based upon, but not limited to, the following factors: (a) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. The proposed retail development is consistent with the official City Comprehensive Plan. (b) The proposed use is or will be compatible with present and future land uses of the area. The proposed retail development is compatible with present and future land uses. (c) The proposed use conforms with all performance standards contained herein. The proposed retail development conforms with all performance standards with revisions 2 as noted in this resolution. (d) The proposed use can be accommodated with existing public services and will not overburden the City’s service capacity. The proposed retail development can be accommodated with the existing public services and will not overburden the City’s service capacity. The development will be municipally served by an 8” sanitary sewer main and an 8” watermain located along Market Place Drive. (e) Traffic generation by the proposed use is within capabilities of streets serving the property. Traffic generated by the proposed retail development is within capabilities of the streets serving the property. Goals of the Transportation Plan are to ensure that streets are as safe as possible and to reduce unnecessary traffic. CSAH 23 (Lake Drive) is an A-Minor Reliever road and has structural capacity to handle the traffic volume of the retail development. Section 2: Amendment Ordinance No. 03-05 of the City of Lino Lakes is hereby amended to include the following plans subject to the revisions detailed in Resolution No. 22-115: • Site and Civil Plans prepared by Design Tree revision date September 21, 2022 • Architectural Plans prepared by Lampert Architects revised September 28, 2022 • Landscape Plans prepared by Plan-Type revision date September 29, 2022 • Photometric Plan prepared by Viking Electric dated July 28, 2022 Section 3: Legal Description The subject site is legally described as Lot 2, Block 1, Lino Lakes Market Place 2nd Addition. Section 4: Development Regulations Development of the subject site shall be in substantial conformance with the plans noted under Section 2 above. Section 5: Zoning Regulations Any future changes in use on this lot (Lot 2, Block 1, Lino Lakes Market Place 2nd Addition) shall be consistent with the permitted uses, accessory uses, and conditional uses listed in the City’s GB, General Business zoning district. Section 6: Effect 3 This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. The other provisions of Ordinance No. 03-05 are still in effect. Adopted by the Lino Lakes City Council this 24th day of October, 2022. The motion for the adoption of the foregoing ordinance was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Rob Rafferty, Mayor ATTEST: Julianne Bartell, City Clerk 1 CITY OF LINO LAKES RESOLUTION NO. 22-115 APPROVING MARKETPLACE PDO AMENDMENT #3 FOR SITE AND BUILDING PLANS FOR 601 APOLLO DRIVE RETAIL WHEREAS, the City received a Land Use Application to amend the Marketplace Planned Development (PDO) Design Guidelines Ordinance No. 03-05; and WHEREAS, Ordinance No. 03-05 regulates site plan and design guidelines for the Marketplace development and states under Special Provisions #4 that substantial departures from the approved plans will require an amendment to the Planned Development Overlay (PDO); and WHEREAS, per the Marketplace PDO Site Plan, the subject site is a future bank; and WHEREAS, the applicant is proposing construct a dental clinic, coffee shop, and ATM drive-thru that will require modifications to the site plan and building elevations; and WHEREAS, the subject site is legally described as Lot 2, Block 1, Lino Lakes Market Place 2nd Addition; and WHEREAS, the Planning & Zoning Board held a public hearing on September 14, 2022 and recommended approval of the PDO Amendment #3 and the site and building plans. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby makes the following findings: FINDINGS OF FACT (a) The proposed development application must be consistent with the policies and recommendations of the Lino Lakes Comprehensive Plan including: 1. Land Use Plan. 2. Transportation Plan. 3. Utility (Sewer and Water) Plans. 4. Local Water Management Plan. 5. Capital Improvement Plan. 6. Policy Plan 7. Natural Environment Plan. 2 The proposed retail development is consistent with the City’s Comprehensive Plan in regards to the land use plan, transportation plan, utility plans, local water management plan, capital improvement plan, policy plan and natural environment plan. (b) The proposed development application is compatible with present and future land uses of the area. The proposed retail development is compatible with present and future land uses. (c) The proposed development application conforms to performance standards herein and other applicable City Codes. The proposed retail development conforms with all performance standards with minor revisions required as detailed in this resolution. (d) Traffic generated by a proposed development application is within the capabilities of the City when: 1. If the existing level of service (LOS) outside of the proposed subdivision is A or B, traffic generated by a proposed subdivision will not degrade the level of service more than one grade. 2. If the existing LOS outside of the proposed subdivision is C, traffic generated by a proposed subdivision will not degrade the level of service below C. 3. If the existing LOS outside of the proposed subdivision is D, traffic generated by a proposed subdivision will not degrade the level of service below D. 4. The existing LOS must be D or better for all streets and intersections providing access to the subdivision. If the existing level of service is E or F, the subdivision developer must provide, as part of the proposed project, improvements needed to ensure a level of service D or better. 5. Existing roads and intersections providing access to the subdivision must have the structural capacity to accommodate projected traffic from the proposed subdivision or the developer will pay to correct any structural deficiencies. 6. The traffic generated from a proposed subdivision shall not require City street improvements that are inconsistent with the Lino Lakes Capital Improvement Plan. However, the City may, at its discretion, consider developer-financed improvements to correct any street deficiencies. 7. The LOS requirements in paragraphs 1. to 4. above do not apply to the I- 35W/Lake Drive or I-35E/Main St. interchanges. At City discretion, interchange impacts must be evaluated in conjunction with Anoka County and the Minnesota Dept. of Transportation, and a plan must be prepared to 3 determine improvements needed to resolve deficiencies. This plan must determine traffic generated by the subdivision project, how this traffic contributes to the total traffic, and the time frame of the improvements. The plan also must examine financing options, including project contribution and cost sharing among other jurisdictions and other properties that contribute to traffic at the interchange. 8. The City does not relinquish any rights of local determination. The traffic generated by the proposed retail development are within the capabilities of the streets serving the property and meet LOS requirements. The City will not relinquish any rights of local determination. (e) The proposed development shall be served with adequate and safe water supply. The proposed development will be served with adequate and safe water supply. (f) The proposed development shall be served with an adequate or safe sanitary sewer system. The proposed development will be served with adequate and safe sanitary sewer. (g) The proposed development shall not result in the premature expenditures of City funds on capital improvements necessary to accommodate the proposed development. No City funds are being expended for this development. (h) Development shall be permitted only in such a manner that the maximum number of trees shall be preserved. It shall be the duty of the person seeking approval to demonstrate that there are no feasible or prudent alternatives to the cutting of trees on the site. The proposed retail development does not propose any tree removal. There are no trees on site. BE IT FURTHER RESOLVED by The City Council of the City of Lino Lakes hereby approves the site and building plan for 601 Apollo Drive Retail subject to the following conditions: 1. The subject site shall be developed in accordance with the following plans including subsequent revisions: a. Site and Civil Plans prepared by Design Tree revision date September 21, 2022 b. Architectural Plans prepared by Lampert Architects revised September 28, 2022 c. Landscape Plans prepared by Plan-Type revision date September 29, 2022 4 d. Photometric Plan prepared by Viking Electric dated July 28, 2022 2. A Third Amendment to the Operation and Easement Agreement between Target, Prior Lake, and Kohl’s shall be recorded. 3. A Site Improvement Performance Agreement is required. 4. A Declaration for Maintenance of Stormwater Facilities in favor of RCWD and the City shall be recorded. 5. A separate sign permit application shall be submitted and approved by the City prior to signage installation. Signage shall be compliant with the Marketplace Design Guidelines. 6. An administrative permit is required for any accessory outdoor dining. 7. Any future changes in use on this lot (Lot 2, Block 1, Lino Lakes Market Place 2nd Addition) shall be consistent with the permitted uses, accessory uses, and conditional uses listed in the City’s GB, General Business zoning district. BE IT FURTHER RESOLVED by The City Council of the City of Lino Lakes hereby approves PDO Amendment #3 and the site and building plans for 601 Apollo Drive Retail subject to the following comments being addressed prior to issuance of a building permit: 1. Recorded copies of the following documents shall be provided to the City: a. Third Amendment to the Operation and Easement Agreement b. Declaration for Maintenance of Stormwater Facilities 2. A Site Improvement Performance Agreement shall be executed and securities in place. Adopted by the Council of the City of Lino Lakes this 10th day of October, 2022. The motion for the adoption of the foregoing resolution was introduced by Council Member_______________ and was duly seconded by Council Member ________________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: ______________________________ Rob Rafferty, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk CITY OF LINO LAKES RESOLUTION NO. 22-116 RESOLUTION APPROVING SITE IMPROVEMENT PERFORMANCE AGREEMENT WITH JAVA LINO RETAIL, LLC WHEREAS, the City has completed review of the site and building plans for 601 Apollo Drive Retail; and WHEREAS, the legal description of the property is Lot 2, Block 1, Market Place 2nd Addition after recording of the final plat; and WHEREAS, City Code Section 1007.020(5)(d) requires the execution of a site performance agreement prior to issuance of a building permit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes that the Site Improvement Performance Agreement between the City of Lino Lakes and Java Lino Retail, LLC is hereby approved and the Mayor and City Clerk are authorized to execute such agreements on behalf of the City. Adopted by the Council of the City of Lino Lakes this 10th day of October, 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 601 Apollo Drive Retail (Java Companies) Site Performance Agreement page 1 of 11 CITY OF LINO LAKES, MINNESOTA SITE IMPROVEMENT PERFORMANCE AGREEMENT THIS AGREEMENT made this _______ day of _______________, 2022, is by and between the City of Lino Lakes, a municipal corporation organized under the laws of the State of Minnesota, and Java Companies (879 Scheffer Ave, St. Paul, 55102) (“Developer”). WHEREAS, the Developer has received approval of Site Development Plans, hereinafter called the "Plans", by the City of Lino Lakes on the ___ day of ____, 2022, and in accordance with the Plans all of which are made a part hereof by reference. In consideration of such approval, the Developer, its successors and assigns, does covenant and agree to perform the work as set forth in the Plans, in the aforesaid approval, and as hereinafter set forth upon the real estate (hereinafter referred to as "Property") described as follows: Lot 2, Block 1, Lino Lakes Market Place 2nd Addition, Anoka County, Minnesota NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: I. DESIGNATION OF IMPROVEMENTS. A. Improvements on the project site to be installed at the Developer’s expense by the Developer as hereinafter provided are hereinafter referred to as “On-site Work”. B. Improvements off the project site to be installed at the Developer’s expense, if any, by the Developer as hereinafter provided are hereinafter referred to as “Off-Site Work”. C. Developer shall enter into a Declaration for Maintenance of Stormwater Facilities. II. ON-SITE WORK. A. On-Site Work. The On-Site Work shall consist of the improvements described in the approved Plans, to include any approved subsequent amendments, and shall be in compliance with all applicable statutes, codes and ordinances of the City. The On-Site Work includes all on-site exterior amenities as shown on the approved Plans and as required by the plan approval, such as, but not limited to: landscaping, private driveways, parking areas, sanitary sewer extension, water system extension, storm drainage systems, curbing, lighting, fencing, fire lanes, sidewalks, exterior 601 Apollo Drive Retail (Java Companies) Site Performance Agreement page 2 of 11 building architectural design and building elements, site grading and erosion control measures. Such improvements shall be completed in accordance with Section IV herein. B. Cost Estimates. The Developer shall provide the City with a written estimate of all applicable costs of the On-Site Work, itemized by type; the estimates shall be based upon the actual estimates provided by the contractors who are to do the Work. Said cost estimates shall be reviewed by the City, and the City shall establish the actual amount of the financial guarantee. The description and estimated cost of Developer's On-Site Work are as follows: Description of Improvements Estimated Costs 1. Lighting $ 8,000.00 2. Fences / Screen Structures $ 0.00 3. Trash Disposal Structures $ 10,000.00 4. Curbing / Islands / Delineators $ 20,000.00 5. Storm Drainage Systems / Sewers / Catch Basins / Culverts / Swales $ 25,000.00 6. Public Trails and / or Sidewalk $ 0.00 7. Private Trials and / or Sidewalk $ 8,000.00 8. Driveway / Curb cut / Parking Lot / Fire Lane $ 50,000.00 9. Water mains / Hydrants / Sanitary Sewers $ 30,000.00 10. Landscaping $ 20,000.00 11. Site Grading $ 30,000.00 12. Erosion Control $ 5,000.00 Total Estimated Cost of Developer Improvements $ 206,000.00 Security Requirement (Total * 35%) $ 72,100.00 III. DEVELOPER FEES. A. Trunk Sanitary Sewer Connection Fees The City established trunk utility connection fees to uniformly distribute the costs of public trunk sanitary sewer infrastructure. The Trunk Utility Connection Fee consists of two components; a Trunk Charge and an Availability Charge. Trunk Charge 601 Apollo Drive Retail (Java Companies) Site Performance Agreement page 3 of 11 The trunk charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. The Sanitary Sewer Trunk Charge is $1,630.00 per unit. Commercial/Industrial/Institutional (CII) trunk charges are based on a factor of 2.92 units per acre. Availability Charge Commercial/Industrial/Institutional availability charges shall be paid at the time of building permit. Fees are based on the number of sanitary access charge (SAC) units assigned by Metropolitan Council Environmental Services (MCES). City Sewer (CSAC) $1,525.00 Per SAC Unit Trunk sewer unit charges addressed under this paragraph are in addition to any SAC charges imposed by Metropolitan Council Environmental Services. B. Trunk Water Connection Fees The City established trunk utility connection fees to uniformly distribute the costs of public trunk water infrastructure. The Trunk Utility Connection Fee consists of two components; a Trunk Charge and an Availability Charge. Trunk Charge The trunk charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. The Water Trunk Charge is $2,341.00 per unit. Commercial/Industrial/Institutional (CII) trunk charges are based on a factor of 2.92 units per acre. Availability Charge Commercial/Industrial/Institutional availability charges shall be paid at the time of building permit. Fees are based on the number of sanitary access charge (SAC) units assigned by Metropolitan Council Environmental Services (MCES). City Water (CWAC) $1,473.00 Per SAC Unit. C. Surface Water Management Area Charges The City established a trunk area charge to uniformly distribute the costs of public trunk surface water infrastructure and water quality improvements. The Surface Water Management Charge shall be based on 601 Apollo Drive Retail (Java Companies) Site Performance Agreement page 4 of 11 developable acreage. Units Fee 1. Sanitary Sewer Trunk Unit Fee ($1,630/unit; 2.92 units/Acre) 3.85 $0.00* 2. City Sewer Availability Fee ($1,525/SAC Unit) TBD** 3. Water Trunk Unit Fee ($2,341/unit; 2.92 units/Acre) 3.85 $0.00* 4. City Water Availability Fee ($1,473/SAC Unit) TBD** 5. City Surface Water Management Fee ($11,073/Acre) 1.32 Acres $14,616.00 Total Estimated (Budget) Developer Fees $14,616.00 * Previously collected **Paid at the time of Building Permit based on MCES unit determination D. Metropolitan Council Environmental Services (MCES) Sewer Availability Charges (SAC) are in addition to the fees referenced above and shall be determined by MCES, and shall be paid with the Building Permit. IV. RECORD DRAWINGS. a. Upon project completion, Developer shall submit record drawings, in electronic format, of all public and private infrastructure improvements, including grading, sanitary sewer, water main, storm sewer facilities, and roads, constructed by Developer. The as-built survey must include, but is not limited to, proposed and final contours with adequate elevation shots to show conformance, property irons (to be exposed in field), low floor and low opening elevations, and the 100-Year High Water Level (HWL) of all ponds, lakes, and wetland areas. The files shall be drawn in Anoka County NAD 83 Coordinate system and provided in both AutoCAD .dwg and Adobe .pdf file formats. The plans shall include accurate locations, dimensions, elevations, grades, slopes and all other pertinent information concerning the complete work. The Developer shall also submit certified compaction testing results for the site grading operations. b. A summary of the record plan attribute data for the storm sewer, water main, and sanitary sewer structures and pipes shall be submitted in the form of an Excel Spreadsheet as provided by the City Engineer. c. No securities will be fully released until all record drawings have been submitted and accepted by the City Engineer. V. COMPLETION DATE. If the activities authorized by site and building plan approval are not initiated within twelve (12) months from the final execution of this agreement, then 601 Apollo Drive Retail (Java Companies) Site Performance Agreement page 5 of 11 Developer will need to start the site and building plan approval process from the beginning. VI. GUARANTEE. A. The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on thirty- five (35%) percent of the total estimated cost of Developer's On-site Work. An Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Lino Lakes and shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Contract, construction of all required improvements in accordance with the ordinances and specifications of the City and guarantees the workmanship and materials for the landscape improvements for a period of one year following the City’s acceptance of the landscape improvements. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this contract, if Developer has been found to be in default of this agreement and only after providing Developer with written notice and opportunity to cure any default. The Irrevocable Letter of Credit shall be automatically extended for additional periods of one year from present or future expiration dates unless sixty (60) days prior to such the City Clerk or Administrator is notified in writing by certified mail or overnight mail that the Letter of Credit will not be renewed. B. Upon written request, The City will grant a reduction of the Letter of Credit, or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. The Developer may make such requests three times throughout the life of this agreement, with the third and/or final request being at the completion of the project. The City will respond to such request within 30 days time. Prior to the final acceptance of the Developer’s Improvements the City shall require a Letter of Credit or Cash Escrow to cover the warranty provisions of the agreement. The amount shall be agreed to by the City Engineer and Developer and Developer may use the Letter of Credit discussed in Section VI.A above. VII. REIMBURSEMENT OF COSTS. A. The Developer agrees to establish a non-interest bearing escrow account with the City in an amount established by the City Engineer or his 601 Apollo Drive Retail (Java Companies) Site Performance Agreement page 6 of 11 designee for the payment of all City fees and costs incurred by the City related to the On-site Work, including, but not limited to, the following: 1. Site Plan Review Fee $1,500.00 2. Administration (Legal, Engineering, Planning and Contract Administration) $4,120.00 3. Negative Short Term Escrow Balance $0.00 Total Estimated (Budget) Costs for Escrow Account $5,620.00 B. If it appears that the actual costs incurred will exceed the estimate or that the actual costs incurred will be less than the estimate, then Developer and City shall review the costs required to complete the project. In such case, if the actual costs exceed the estimate, then Developer shall promptly pay the additional sums to the City to pay for the agreed upon increase. However, in such case where the actual costs are less than the estimate, the City shall promptly reimburse to Developer any amounts overpaid by the Developer. The Developer may request a statement of the account each month for review. C. Intentionally Deleted. VIII. REMEDIES FOR BREACH. A. The City shall give prior written notice to the Developer of any default hereunder before proceeding to enforce such financial guarantee or before the City undertakes any work for which the City will be reimbursed through the financial guarantee. If within twenty (20) days after receipt of such written notice to it, the Developer has not notified the City by stating in writing the manner in which the default will be cured and the time within which such default will be cured, the City will proceed with the remedy it deems reasonably appropriate. B. At any time after the completion date and any extensions thereof, if any of the work is deemed incomplete, the City may proceed in any one or more of the following ways to enforce the undertakings herein set forth, and to collect any and all expenses reasonably incurred by the City in connection therewith, including, but not limited to, engineering, legal, planning and litigation costs and expense. The enumeration of the remedies hereunder shall be in addition to any other remedies available to the City. 1. Specific Performance. The City may in writing direct the surety or the Developer to cause the Work to be undertaken and completed within a specified reasonable time. If the Developer fails to cause the Work to be done and completed in a manner and time 601 Apollo Drive Retail (Java Companies) Site Performance Agreement page 7 of 11 reasonably acceptable to the City, the City may proceed to bring an action for specific performance to require work to be undertaken. 2. Completion by the City. The City, after written notice, may enter the premises and proceed to have the Work done either by contract, by day labor or by regular City forces. The Developer may not question the manner of doing such work or the letting of any such contracts for the doing of any such work; provided that all such work is performed in a reasonable manner, the costs are reasonable and the work is completed in a good and workman-like manner and in accordance with the approved plans and specifications. Upon completion of such work, the Developer shall promptly pay the City the full cost thereof as aforesaid. 3. Deposit of Financial Guarantee. In the event the financial guarantee has been submitted in the form of a Letter of Credit, the City may draw on the Letter of Credit the sum equal to the reasonably estimated cost of completing the Work, plus the City's reasonably estimated expenses as defined herein, including any other reasonable costs, expenses, and damages for which the surety may be liable hereunder, but not exceeding the amount set forth on the Letter of Credit. The money shall be deemed to be held by the City for the purpose of reimbursing the City for any reasonable costs incurred in completing the Work as hereinafter specified. Any funds remaining after completion of the project shall be promptly returned to the Developer. IX. OCCUPATION OF PREMISES. The Developer agrees that it will not cause to be occupied any portion of the building or improvements to be constructed upon the premises until completion of the building and site improvements as more fully described in the approved plans and following issuance of a Certificate of Occupancy. X. INSURANCE. Developer or its general contractor shall take out and maintain until one year after the City accepted the Developer Improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's or general contractor’s work, as the case may be, or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than Five Hundred Thousand and no/100 ($500,000.00) Dollars for one person and One Million and no/100 ($1,000,000.00) Dollars for each occurrence; 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 601 Apollo Drive Retail (Java Companies) Site Performance Agreement page 8 of 11 of Two Million and no/100 ($2,000,000.00) Dollars or more. The City, its employees, its agents and assigns shall be named as an additional insured on the policy, and the Developer or its general contractor shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. XI. REIMBURSEMENT FOR LITIGATION EXPENSES. The City and Developer agree that the prevailing party in any litigation pertaining to the enforcement of this Agreement shall be entitled to reimbursement from the non-prevailing party for all reasonable costs incurred by said prevailing party including court costs and reasonable engineering and attorneys' fees. XII. VALIDITY. If a portion, section, subsection, sentence, clause, paragraph or phrase in this Agreement is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Site Improvement Performance Agreement. XIII. GENERAL. A. Binding Effect. The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Property and shall be deemed covenants running with the land. B. Notices. Whenever in this Agreement it shall be required or permitted that notice or demand be given or served by either party to this Agreement to or on the other party, such notice or demand shall be delivered personally or (i) mailed by United States mail by certified mail (return receipt requested) or (ii) sent by nationally recognized overnight carrier to the addresses hereinbefore set forth on Page 1. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail or the overnight carrier in accordance with the above. The addresses of the parties hereto are as set forth on Page 1 until changed by notices given as above. C. Incorporation by Reference. All plans, special provisions, proposals, specifications and contracts for the improvements furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as fully as if set out herein in full. 601 Apollo Drive Retail (Java Companies) Site Performance Agreement page 9 of 11 D. Hours of Construction Activity. Construction activity shall be limited to the hours set out as follows: Monday through Friday 7:00 a.m. to 7:00 p.m. Saturday 9:00 a.m. to 5:00 p.m. Sunday and Holidays No working hours allowed XIV. VIOLATIONS/BUILDING PERMITS. In the event that Developer violates any of the covenants and agreements contained in this Site Improvement Performance Agreement and to be performed by the Developer, the City, at its option, and after providing written notice and opportunity to cure to Developer in addition to the rights and remedies as set out hereunder may refuse to issue building permits to any property within the development and/or stop building construction within the development until such time as such default has been corrected to the satisfaction of the City. 601 Apollo Drive Retail (Java Companies) Site Performance Agreement page 10 of 11 CITY OF LINO LAKES By _________________________ Mayor ATTEST: By_________________________ City Clerk STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) This instrument was acknowledged before me on ________ day of ____________, 2022, by Rob Rafferty as Mayor of the City of Lino Lakes on behalf of said City. _______________________________ Notary Public STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) This instrument was acknowledged before me on ________ day of ____________, 2022 by Julianne Bartell as City Clerk of the City of Lino Lakes on behalf of said City. _______________________________ Notary Public 601 Apollo Drive Retail (Java Companies) Site Performance Agreement page 11 of 11 DEVELOPER By _________________________ [Name/Owner of Developer] STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this _______ day of _______________, 2022, before me, a Notary Public within and for said County, personally appeared, _______________________________, who executed the foregoing instrument. ______________________________ Notary Public This instrument was drafted by: City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 601 Apollo Drive Retail City Council October 10, 2022 Land Use Application •Marketplace PDO Amendment #3 •Amend Ordinance No. 03-05 Marketplace Planned Development Overlay (PDO) Design Guidelines •Change lot use from bank to retail development •Site & Building Plan Review •Dental clinic •Coffee shop •Drive thru ATM 2 3 Existing Conditions •601 Apollo Drive •1.32 acre site •Graded & pad ready •Marketplace is master planned retail center approved 2001 •Market Place Drive is private street •Design Guidelines •Building composition •Materials •Lighting •Signage •Landscaping •Zoning = GB w/ PDO 4 Current Marketplace PDO Site Plan •July 2005 •4,500 sf bank •Several private Declarations and Operation & Easement Agreements encumber the property. •A Third Amendment to the Operation and Easement Agreement shall be recorded 5 Site Plan •4,200 sf dental clinic •2,240 sf coffee shop •Outdoor patio •Drive thru ATM •2 drive thru lanes •10ft building separation •Setbacks Required Proposed •Lake Dr: 40ft 46ft •Apollo 30 65 •Marketplace 30 100 •North lot line 10 160 •Parking Spaces •Dental Office requires 22 •Coffee Shop requires 17 •Total required = 39 •Proposed = 43 6 Exterior materials •Matte black prefinished metal flashing •Storm grey & morning mist EIFS •Glen-gery light grey brick accents •Dark shadow and oak block •Black and Green awnings •Green awnings on the coffee shop provide brand identity. •Color palette combines tan colors of existing Market Place retail buildings with modern grey and dark colors •Site plan and exterior material requirements met Planning & Zoning Board•Planning & Zoning Board held a public hearing on September 14, 2022. •There were no public comments. •Board recommend approval with a 5-0 vote with the following revisions: •The buildings do not need a more defined cornice. •Any future changes in use on this lot (Lot 2, Block 1, Lino Lakes Market Place 2nd Addition) shall be consistent with the permitted uses, accessory uses, and conditional uses listed in the City’s GB, General Business zoning district. 7 Findings of Fact•Ordinance No. 04-22 and Resolution No. 22-115 detail the finding of fact.Council Consideration •Consider 1st Reading of Ordinance No. 04-22, Marketplace PDO Amendment #3 •Consider Resolution No. 22-115 Approving Marketplace PDO Amendment #3 for Site & Building Plans •Consider Resolution No. 22-116 Approving Site Improvement Performance Agreement 8 Unused slides 9 10 EFIS Zoning Ordinance •No more than 30% EFIS or stucco on primary front elevation •No more than 60% on side or rear elevation Proposed = •East Primary Elevation •29.4% & 17.6% stucco •West Rear Elevation •19.3% stucco •South Side Elevation •21.1% and 35.4% stucco •North Side Elevation •24.8% and 35.4% stucco •2ft high oak colored block base •2 different grey color EFIS bands create building tops •Building Height = 19’4”< 45’ 11 •Trash enclosure is 6’8” •8” rockface concrete block and color to match building •Gate is constructed of vertical composite wood siding and swing gate with minimum 80% opacity •Building exterior materials meet ordinance requirements for material types, color and % •Market Place Design Guidelines also met •Need more defined cornice 12 Stormwater Management •High infiltration soils •Porous pavement and storm sewer pipes BMP’s provide stormwater management •Drainage to pond near Target •City Engineer & RCWD reviewed •Meets water quality volume and rate control Public Utilities •8” sanitary sewer main and 8” watermain located along Market Place Drive 13 Landscaping •Env Coordinator and Env Board reviewed •Market Place Master Landscape Plan regulates landscaping for development •Proposed: •47 large tree •110 large shrub •Parking lot island plantings •Foundation plantings •Proposed landscaping exceeds required Market Place landscape plan •Impervious: 66.8% < 75% allowed 2001 Market Place- Master Landscape Plan •34 large tree •29 large shrubs Comprehensive Plan•Resource Management System Plan •Stormwater management BMP’s (curb, gutter, porous pavement) •Land Use Plan •Retail development is consistent with commercial development •Housing Plan and Transportation System •Not negatively impacted •Sanitary Sewer Plan and Water Supply Plan •System has capacity for retail development 14 Additional City & Agency Comments•Anoka County: reviewed preliminary plat and had no comments •Fire Division: add hydrant and FDC in front of coffee shop •Police Division: reviewed and no comments •Environment Board: August 31, 2022 recommended approval 15 CITY COUNCIL AGENDA ITEM 6D STAFF ORIGINATOR: Andy Nelson, Environmental Coordinator MEETING DATE: October 10th, 2022 TOPIC: Consideration of Resolution 22-122, Approving 2023 Anoka County Recycling Grant Agreement VOTE REQUIRED: 3/5 INTRODUCTION The City of Lino Lakes receives Select Committee on Recycling and the Environment (SCORE) funds each year from Anoka County. Cities using SCORE funds allocated from Anoka County are required to enter into a cooperative agreement with the county. BACKGROUND In 1989, the Governor’s Select Committee on Recycling and the Environment recommended to the Legislature to adopt a comprehensive set of laws referred to as SCORE. This act initiated a state funding source for recycling programs, waste reduction initiatives, management of household hazardous waste, and problem materials. Locally, Anoka County distributes these funds to cities for use on residential recycling programs. These funds are available for specific program areas, such as drop-off events (Recycling Saturday), promotional materials, the organics drop-off program, and labor and staffing. Total SCORE grant funds available for 2023: $73,699.00 RECOMMENDATION Approve Resolution No. 22-122, Approving Anoka County Contract No. C0009416, 2023 Agreement for Residential Recycling Program. ATTACHMENTS 1. Resolution No. 22-122 2. Anoka County Contract # C0009416 – 2022 Agreement for Residential Recycling Program CITY OF LINO LAKES RESOLUTION NO. 22-122 APPROVING 2023 ANOKA COUNTY RECYCLING GRANT WHEREAS, The City of Lino Lakes has entered into an agreement with Anoka County over the years to cooperatively work on solid waste abatement and recycling; and WHEREAS, Anoka County receives funding from the Solid Waste Management Coordinating Board and the State of Minnesota in the form of “SCORE” funds; and WHEREAS, The County wishes to assist municipalities in meeting recycling goals established by the Anoka County Board of Commissioners by providing SCORE funds to Cities in the County for solid waste recycling programs; and WHEREAS, The City of Lino Lakes is eligible for grant funding in the amount of $73,699.00 for the operation of residential recycling program elements, including but not limited to: monthly drop-off events, Parks recycling, promotional materials, the organics drop-off program, and labor and staffing; WHEREAS, Anoka County Agreement No. C0009416 provides for the cooperative effort between Anoka County and the City of Lino Lakes; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes That the Mayor and City Clerk are hereby authorized to execute Anoka County Agreement No. C0009416, Agreement for Residential Recycling Program on behalf of the city. Adopted by the Council of the City of Lino Lakes this 10th day of October, 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 Anoka County Contract # C0009416 2023 AGREEMENT FOR RESIDENTIAL RECYCLING PROGRAM THIS AGREEMENT made and entered into on the 1st day of January 2023, notwithstanding the date of the signatures of the parties, between the COUNTY OF ANOKA, State of Minnesota, hereinafter referred to as the “COUNTY”, and the CITY OF LINO LAKES, hereinafter referred to as the “MUNICIPALITY”. WITNESSETH: WHEREAS, the County will receive funding from the State of Minnesota pursuant to Minn. Stat. § 115A.557 (hereinafter “SCORE funds”) during 2023 which must be used to encourage and improve recycling and a portion must be specifically directed to recycling source -separated compostable materials; and WHEREAS, the County will also receive funding pursuant to Minn. Stat. § 473.8441 (hereinafter “LRDG) funds”) during 2023 and WHEREAS, the County also has additional budgeted program funding available to supplement SCORE and LRDG funds for solid waste recycling programs, so that the available amount for the Residential Recycling Program is $1,600,885.00. WHEREAS, the County Solid Waste Management Master Plan 2018 (Master Plan 2018) and MPCA Metropolitan Solid Waste Management Policy Plan 2016-2036 state that MSW generated in the County that is not reused, recycled or composted, will be processed to the extent that processing capacity is available; and WHEREAS, the Master Plan 2018 was developed with the participation of a representative from the Municipality staff, and the Municipality is required to develop and implement programs, practices, or methods designed to meet waste abatement goals by Minn. Stat. § 115A.551, Subd 2a. (b). WHEREAS, the County wishes to assist the Municipality in meeting recycling goals established by Anoka County by providing said SCORE, LRDG, and County budgeted program funds to cities and townships in the County for solid waste recycling programs. NOW, THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement, , the parties mutually agree to the following terms and conditions: 1. PURPOSE AND CONTRACT DOCUMENTS. The purpose of this Agreement is to provide for cooperation between the County and the Municipality to implement solid waste recycling programs in the Municipality which will help the County and member municipalities meet the goals set in the current Anoka County Solid Waste Management Master Plan. The County and the Municipality agree that the information provided in the recitals above is to be incorporated into the purpose of this agreement. The Contract Documents include: the Anoka County Municipal Waste Abatement Grant Funding Application submitted by the Municipality for the current contract year, DocuSign Envelope ID: B86F0558-8143-498B-BDE2-D2513CE93F12 and the Grant Funding Award issued by Anoka County for the current contract year. These documents are incorporated into this agreement by reference and are components of the entire contract package. The order of precedence of these documents in the event of inconsistency or ambiguity shall be resolved in the following order: 1) this Agreement for Residential Recycling Program; 2) Grant Funding Award; and 3) Anoka County Municipal Waste Abatement Grant Funding Application. 2. TERM. The term of this Agreement is from January 1, 2023 through December 31, 2023 unless earlier terminated as provided herein. 3. DEFINITIONS. Defined terms contained in this Agreement and all the attachments are found in Minn. Stat. §§ 115A.03; 115A.471; and 115A.552. The use of capitalization for defined terms has no special effect. Additionally: a. “Full-Service Recycling Drop-off Center” means centralized permanent drop-off center that is open at least two times a week and accepts at least four types of materials beyond traditional curbside recyclables, i.e.: mattresses, appliances, scrap metal, furniture, source-separated compostable materials, electronics, etc. b. “Multi-family dwellings” means households within apartment complexes, condominiums, townhomes, mobile homes, and senior housing complexes. c. “Quasi-municipal event” means community festivals which appear to the public to be supported and run by the Municipality but in fact are sponsored or co-sponsored by an independent non-profit 501c (3) organization, for example: the Anoka Halloween Parade. 4. ELIGIBILITY FOR FUNDS. Per Minn. Stat. § 115A.557, Subd. 1, funding eligibility is based primarily on population, with a minimum funding floor. For 2023, the County has determined that funding will be determined by the Grant funding application. The Municipality is entitled to receive reimbursement for eligible expenses, less revenues or other reimbursement received, for eligible activities up to the project maximum, which shall not exceed $73,699.00. The County reserves the right to reduce the funding provided in the event the Municipality does not complete the additional Grant Projects referenced in the Anoka County Municipal Waste Abatement Grant Funding Application. The County also reserves the ability to assess the programs and reallocate unused SCORE and/or, LRDG funds mid-year if any participating municipality demonstrates the need for the funding and funds are available. The Municipality shall be provided documentation of the funding award determination and rationale as indicated by the 2023 Grant Funding Award. 5. PROGRAM. The Municipality shall develop and implement a residential solid waste recycling program adequate to meet the Municipality’s annual recycling goal of 2,327 tons of recyclable materials as established by the County. The Municipality shall ensure that the recyclable materials collected are delivered to processors or end markets for recycling. a. The Municipal recycling program shall include the following components: DocuSign Envelope ID: B86F0558-8143-498B-BDE2-D2513CE93F12 i. Each household (including both single and Multi-family dwellings) in the Municipality shall have the Opportunity to Recycle at least four broad types of materials, including but not limited to, paper (including cardboard/paperboard cartons), glass, plastic and metal. ii. The recycling (including any organics) program shall be operated in compliance with all applicable federal, state, and local laws, ordinances, rules and regulations. iii. The Municipality shall implement a public information program that contains at least the following components: (1) One promotional mailing to each household focused exclusively on the Municipality’s recycling and source-separated compostable materials program; (2) One promotional advertisement detailing recycling and organics opportunities available for residents included in the Municipality’s newsletter or local newspaper; and (3) Two community outreach activities at Municipal or Quasi-municipal events to inform residents about recycling and source-separated compostable materials opportunities. iv. The public information components listed above shall focus on all recyclable materials and the various opportunities to recycle and compost source-separated compostable materials within the Municipality. The Municipality shall incorporate County/regional/State campaigns and images and use the toolkits provided by the County when preparing promotional materials. The Municipality, on an ongoing basis, shall identify new residents and provide detailed information on the recycling opportunities available to these new residents. The County shall work with the Municipality on promotional materials to coordinate messages. The Municipality shall provide promotional materials to the County for review prior to publication to ensure accuracy. v. The Municipality shall regularly attend the bi-monthly Solid Waste Abatement Advisory Team (SWAAT) meetings per year. vi. The Municipality shall offer a minimum of one spring and/or fall recycling drop-off event(s) where items not normally accepted at the curb are collected for recycling. If the Municipality is hosting a monthly drop-off as described below, the spring/fall recycling drop-off events may be included within that program. b. The Municipality is encouraged to expand its recycling program to include one or more of the following components in order to receive additional funding. i. Organize monthly/quarterly recycling drop-off events which can be held in conjunction with a neighboring municipality(ies) on a cooperative basis for the citizens of both/all municipalities. ii. Provide a community event recycling program, which at a minimum would consist of providing recycling opportunities at all Municipal sponsored or Quasi-municipal DocuSign Envelope ID: B86F0558-8143-498B-BDE2-D2513CE93F12 events and festivals as required by Minn. Stat. § 115A.151. The feasibility of adding organics collection at the event will be explored, and if feasible, implemented as an enhancement to the waste abatement program. iii. Provide the opportunity for citizens to engage in recycling activities at Municipal and Quasi-municipal facilities as required by Minn. Stat. § 115A.151 such as athletic fields and public centers. iv. Organize and manage a Full-Service Recycling Drop-off Center. v. Develop enhanced recycling promotion and assistance for Multi-family dwellings. vi. Develop additional opportunities for source-separated compostable materials collection. vii. Develop and implement additional opportunities to recycle bulky and problem materials (e.g., appliances, batteries, carpet pad, electronics, fluorescent lamps, mattresses, oil, scrap metal, etc.) from residents on an on-going basis either curbside or at a drop-off. c. If the Municipality’s recycling program did not achieve the Municipality’s recycling goals as established by the County for the prior calendar year, the Municipality shall work with the County to prepare a plan to achieve the recycling goals set forth in this Agreement. d. The Municipality’s recycling program shall be limited to residential programming for funding reimbursements under this Agreement. The County will not reimburse business recycling programming or household hazardous waste programming by the Municipality. Any inquiries or requests regarding these topics should be sent to the County for response. e. In addition to the above requirements designed to increase residential recycling opportunities, the Municipality shall provide recycling opportunities in all municipal buildings including but not limited to, city offices, public meeting rooms and parks, as required by Minn. Stat. § 115A.151. If items collected through the Municipal recycling program prove to be contaminated or not recyclable, those items shall be treated as public entity waste and shall be processed at a resource recovery facility unless the waste has been certified as unprocessible. Minn. Stat. §§ 115A.46, 115A.471 and 473.848. See page 44, 47-48, 51, and p. 67 of the 2018 Anoka County Solid Waste Management Master Plan regarding the requirements for Public Entity Waste. f. If the Municipality requests reimbursement for park/public entity recycling/organics/trash waste systems/containers, the Municipality needs to work with the County before an order is placed to make sure the containers are consistent with the requirements set forth by the County for colors e.g. (blue for recycling, green for organics and gray or black for trash), openings and labels. g. Pursuant to Minn. Stat. §§ 115A. 46, 115A.471 and 473.848, all waste generated by municipal government activities (including city/town halls, public works and public safety buildings, parks, and libraries, and for municipalities that arrange for DocuSign Envelope ID: B86F0558-8143-498B-BDE2-D2513CE93F12 waste services on behalf of their residents (organized collection)) shall be delivered to a waste processing plant for disposal as long as capacity is available. Failure to comply with this provision shall constitute a breach of this Agreement resulting in the loss of all Grant Funding unless, pursuant to statute, the Municipality has conferred with the County and developed a plan to comply within a reasonable period of time. 6. REPORTING. The Municipality shall submit the following reports semi-annually to the County no later than the third Friday in July 2023, and the second Friday in January 2024. a. An accounting of the amount of waste which has been recycled as a result of the Municipality’s activities and the efforts of other community programs, redemption centers and drop-off centers. For recycling programs, the Municipality shall certify the number of tons of each recyclable material which has been collected and the number of tons of each recyclable material which has been marketed. For recycling programs run by other persons or entities, the Municipality shall also provide documentation on forms provided by the County showing the tons of materials that were recycled by the Municipality’s residents through these other programs. The Municipality shall keep detailed records documenting the disposition of all recyclable materials collected pursuant to this Agreement. The Municipality shall also report the number of cubic yards or tons of yard waste and source-separated compostable materials collected for composting, chipping, or land spreading, together with a description of the methodology used for calculations. Any other material removed from the waste stream by the Municipality, i.e., tires and used oil, shall also be reported separately. b. Information regarding any revenue received from sources other than the County for the Municipality’s recycling programs, i.e., revenue taken in from the sale of recyclables and fees collected from residents, shall be reported. c. Copies of all promotional materials that have been prepared by the Municipality during the term of this Agreement to promote its recycling and organics collection programs. d. The Municipality agrees to support County efforts in obtaining hauler reports by ensuring compliance through ordinance, contract or license requirements and the ability to exercise punitive actions, if needed. e. The Municipality agrees to furnish the County with additional reports in form and at frequencies requested by the County for financial evaluation, program management purposes, and reporting to the State of Minnesota. 7. BILLING AND PAYMENT PROCEDURE. The Municipality shall submit itemized invoices semi-annually to the County for abatement activities no later than the third Friday in July 2023 and the second Friday in January 2024. The invoices shall be paid in accordance with standard County procedures, subject to the approval of the Anoka County Board of Commissioners. 8. PUBLICATIONS. The Municipality shall acknowledge the financial assistance of Anoka County on all promotional materials, reports and publications relating to the activities funded under this Agreement, by including the following acknowledgement: “Funded by DocuSign Envelope ID: B86F0558-8143-498B-BDE2-D2513CE93F12 the Anoka County Board of Commissioners and State SCORE (Select Committee On Recycling and the Environment) funds.” The Municipality shall provide copies of all promotional materials funded by this grant. The County shall provide all printed public information pieces about County programs. A Municipality shall not modify County publications related to business recycling, household hazardous waste management or the County compost sites. Information about the County’s business recycling program, household hazardous waste management program or County compost sites that a Municipality plans to publish in a Municipal communication, printed or electronic, shall be provided to the County for review and approved by the County prior to publication to ensure accuracy and consistency. 9. INDEMNIFICATION. The County agrees to indemnify, defend, and hold the Municipality harmless from all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, resulting from the acts or omissions of its public officials, officers, agents, employees, and contractors relating to activities performed by the County under this Agreement. The Municipality agrees to indemnify, defend, and hold the County harmless from all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, resulting from the acts or omissions of its public officials, officers, agents, employees, and contractors relating to activities performed by the Municipality under this Agreement. The provisions of this subdivision shall survive the termination or expiration of the term of this Agreement. 10. GENERAL PROVISIONS. a. In performing the provisions of this Agreement, both parties agree to comply with all applicable federal, state or local laws, ordinances, rules, regulations or standards established by any agency or special governmental unit which are now or hereafter promulgated insofar as they relate to performance of the provisions of this Agreement. In addition, the Municipality shall comply with all applicable requirements of the State of Minnesota for the use of SCORE funds provided to the Municipality by the County under this Agreement. The Municipality shall also comply with all relevant portions of the current Anoka County Solid Waste Management Master Plan and shall participate in the preparation of the successor Master Plans. b. If the Municipality utilizes the services of a subcontractor for purposes of meeting requirements herein, the Municipality shall be responsible for the performance of all such subcontracts and shall ensure that the subcontractors perform fully the terms of the subcontract. The agreement between the Municipality and a subcontractor shall obligate the subcontractor to comply fully with the terms of this Agreement. c. It is understood and agreed that the entire agreement is contained herein, and that this Agreement supersedes all oral and written agreements and negotiations between the parties relating to the subject matter hereof. DocuSign Envelope ID: B86F0558-8143-498B-BDE2-D2513CE93F12 d. Any amendments, alterations, variations, modifications, or waivers of this Agreement shall be valid only when they have been reduced to writing, duly signed by the parties. e. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause or phrase of this Agreement is for any reason held to be contrary to law, such decision shall not affect the remaining portion of this Agreement. f. Nothing in this Agreement shall be construed as creating the relationship of co- partners, joint venturers, or an association between the County and the Municipality, nor shall the Municipality, its employees, agents or representatives be considered employees, agents, or representatives of the County for any purpose. g. The Municipality shall maintain financial and other records and accounts in accordance with requirements of the County and the State of Minnesota. The Municipality shall maintain strict accountability of all funds and maintain records of all receipts and disbursements. Such records and accounts shall be maintained in a form which will permit the tracing of funds and program income to final expenditure. The Municipality shall maintain records sufficient to reflect that all funds received under this Agreement were expended in accordance with Minn. Stat. § 115A.557, Subd. 2, for residential solid waste recycling purposes. The Municipality shall also maintain records of the quantities of materials recycled. All records and accounts shall be retained as provided by law, but in no event for a period of less than five years from the last receipt of payment from the County pursuant to this Agreement. h. Pursuant to Minn. Stat. § 16C.05, the Municipality shall allow the County or other persons or agencies authorized by the County, and the State of Minnesota, including the Legislative Auditor or the State Auditor, access to the records of the Municipality at reasonable hours, including all books, records, documents, and accounting procedures and practices of the Municipality relevant to the subject matter of the Agreement, for purposes of audit. In addition, the County shall have access to the project site(s), if any, at reasonable hours. 11. TERMINATION. This Agreement may be terminated by mutual written agreement of the parties or by either party, with or without cause, by giving not less than seven (7) days’ written notice, delivered by mail or in person to the other party, specifying the date of termination. If this Agreement is terminated, assets acquired in whole or in part with funds provided under this Agreement shall be the property of the Municipality so long as said assets are used by the Municipality for the purpose of a landfill abatement program approved by the County. (SIGNATURE PAGE TO FOLLOW) DocuSign Envelope ID: B86F0558-8143-498B-BDE2-D2513CE93F12 IN WITNESS WHEREOF, the parties hereunto set their hands. CITY OF LINO LAKES COUNTY OF ANOKA By: By: Cindy Cesare, Chief Officer G.R. Rafferty Mayor Anoka County Human Services Date: Date: By: By: Julie Bartell Rhonda Sivarajah City Clerk County Administrator Date: Date: Approved as to form and legality: By: Kathryn M. Timm Assistant County Attorney Date: kmt\contracts\integrated waste contracts\SCORE grants\2023 Lino Lakes DocuSign Envelope ID: B86F0558-8143-498B-BDE2-D2513CE93F12 CITY COUNCIL AGENDA ITEM 6E STAFF ORIGINATOR: Andy Nelson, Environmental Coordinator MEETING DATE: October 10th, 2022 TOPIC: Consideration of Resolution 22-123, Approving Anoka County Grant Agreement for Organics Enclosure VOTE REQUIRED: 3/5 INTRODUCTION The City has received approval for $25,000 in supplemental recycling grant funds to be used for the construction of an organics enclosure in Sunrise Park. To accept these funds, the City is required to enter into an agreement with Anoka County. BACKGROUND The City of Lino Lakes receives Select Committee on Recycling and the Environment (SCORE) funds each year from Anoka County. This year the County has made additional funds available to supplement these SCORE grant funds. Cities may receive up to $25,000 in supplemental funding to be used for new programs or expansion and improvement of existing programs. Construction of organics enclosures is an eligible expense. The organics program in Lino Lakes has been growing rapidly, and has 468 participants as of October 3rd, 2022. Participants currently drop their organics materials at four sites in the City. Each site has 90-gallon organics carts to accept the material. As use of these sites increases, more carts are added to accommodate the increased use. Eventually, the carts must be replaced with roll-off dumpsters in enclosures in order to keep the sites tidy while accommodating the increased use. The organics drop-off at Marshan Park currently receives the heaviest use. An enclosure at Marshan Park was deemed infeasible due to site restrictions. Sunrise Park has ample room for an organics enclosure that would not conflict with other uses of the park. The best quote for this an enclosure with composite boards and concrete pad came in at $29,198. Supplemental grant funds from the county have been approved for this project and will pay for $25,000 of the total cost. The difference of $4,198 will be paid by SCORE grant funds for 2022. RECOMMENDATION Approve Resolution No. 22-122, Approving Anoka County Contract No. C0009443, 2022 Supplemental Grant for Residential Recycling Program Organics Site Enclosure. ATTACHMENTS 1. Resolution No. 22-123 2. Anoka County Contract # C0009443 – 2022 Supplemental Grant for Residential Recycling Program Organics Enclosure 3. Site map and example enclosure CITY OF LINO LAKES RESOLUTION NO. 22-123 APPROVING ANOKA COUNTY SUPPLEMENTAL RECYCLING GRANT FOR ORGANICS ENCLOSURE WHEREAS, Anoka County receives funding from the Solid Waste Management Coordinating Board and the State of Minnesota in the form of “SCORE” funds; and WHEREAS, The County wishes to assist municipalities in meeting recycling goals established by the Anoka County Board of Commissioners by providing SCORE funds to Cities in the County for solid waste recycling programs; and WHEREAS, The County has made available Supplemental Grant funding of up to $25,000 per municipality for municipal waste prevention and recycling projects not included in the approved 2022 SCORE grant program; and WHEREAS, The City of Lino Lakes has been approved for $25,000 to be used for the construction of an organics collection enclosure; and WHEREAS, Anoka County Agreement No. C0009443 provides for the cooperative effort between Anoka County and the City of Lino Lakes; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes That the Mayor and City Clerk are hereby authorized to execute Anoka County Agreement No. C0009443, Agreement for Supplemental Grant for Residential Recycling Program on behalf of the City. Adopted by the Council of the City of Lino Lakes this 10th day of October, 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 Anoka County Contract # C0009443 2022 SUPPLEMENTAL GRANT FOR RESIDENTIAL RECYCLING PROGRAM THIS GRANT was made and entered into on the 1st day of September, 2022, notwithstanding the date of the signatures of the parties, by the COUNTY OF ANOKA, State of Minnesota, hereinafter referred to as the “COUNTY”, to the CITY OF LINO LAKES, hereinafter referred to as the “MUNICIPALITY”. WITNESSETH: WHEREAS, Anoka County will receive funding from the State of Minnesota pursuant to Minn. Stat. § 115A.557 (hereinafter “SCORE funds”) and pursuant to Minn. Stat. § 473.8441 (hereinafter “LRDG funds“) during 2022. The County also has additional budgeted program funding available to supplement SCORE and LRDG funds for solid waste recycling programs; and WHEREAS, the County has budgeted $350,000.00 for Supplemental Grants for solid waste recycling programs in 2022; and WHEREAS, the County and Municipality have already executed a grant contract for the Municipality’s Residential Recycling Program. The Municipality has identified additional expenses which are eligible for reimbursement under the County program criteria, and the County wishes to reimburse these expenses from remaining available funds. WHEREAS, Municipality has completed a Supplemental Grant Application and the County has reviewed the Application. The County has available funds from the SCORE/LRDG budget to fund Supplemental Grants; and NOW, THEREFORE, in consideration of the mutual covenants and promises contained in this Grant, and incorporating the information in the above recitals, the parties mutually agree to the following terms and conditions: 1. PURPOSE. The purpose of this Grant is to provide for cooperation between the County and the Municipality to implement solid waste recycling programs in the Municipality. 2. INCORPORATION OF PREVIOUS AGREEMENT. The County and the Municipality have entered into an AGREEMENT FOR RESIDENTIAL RECYCLING PROGRAM FOR 2022 Anoka County Contract #C0009443. The terms of that Agreement are incorporated into this additional Supplemental Grant by reference and are binding on the parties as if the terms were set out here in full. This Grant will control only to the extent that it applies to the Supplemental Grant exclusively for any inconsistent terms. 3. BILLING AND PAYMENT PROCEDURE. The Municipality shall submit itemized invoices to the County for abatement activities subject to this Supplemental Program Improvement Grant. The invoices shall be paid in accordance with standard County procedures, subject to the approval of the Anoka County Board of Commissioners. 2 4. ELIGIBILITY FOR FUNDS. The Municipality is entitled to receive reimbursement for program improvement funds in the amount of $25,000.00. The funds are for the specific purpose of construction of an organics collection enclosure. See attachment A – Supplemental Grant Application and Award Letter. All Supplemental Grant monies will be expended no later than December 31, 2022. IN WITNESS WHEREOF, the County hereunto set its hand as of the dates first written above: COUNTY OF ANOKA By: Jonelle Hubbard PHES Director Dated: Approved as to Form: By: Kathryn Timm Assistant County Attorney Dated: CITY OF LINO LAKES By: ______________________________ Its: ______________________________ Dated: _________________________ Approved as to Form: By: ______________________________ Its: ______________________________ Dated: _________________________ KMT\CONTRACTS\Int Waste Mgmt\SCORE Grants\2022 Enhancements grants\C0009443 Lino Lakes supp grant 2022 Municipal Waste Prevention and Recycling Grant Program 1 2022 Municipal Waste Prevention & Recycling Grant Program Application Date Application Submitted: 7/28/22 Application Submitted By: Andy Nelson, Environmental Coordinator, City of Lino Lakes Date Application Reviewed by Anoka County: Date Application Approved by Anoka County: Date Application Denied by Anoka County: Grant funding of up to $25,000 per municipality may be available for municipal waste prevention and recycling projects in Anoka County that are not included in the approved 2022 SCORE grant program. Waste prevention and recycling grant applications will be considered on a case-by-case basis with approval at the discretion Anoka County. Capital improvement projects may also be considered and will require additional detailed documentation including how the improvement space or equipment will be dedicated to waste prevention and/or recycling over a 15-year period. Submit completed applications and/or grant program questions via email to Jill Curran at jill.curran@co.anoka.mn.us. All projects must be completed and invoiced by the end of day December 31, 2022. Eligible Project Expenses Waste Prevention and Reuse Project Expenses • New waste prevention or reuse project start-up expenses o Project viability study o Equipment and supplies o Program promotion materials o Staff training • Space remodeling • New space construction Organics/Food Waste Project Expenses • Food waste drop-off start-up expenses • Food waste enclosure • Food waste prevention 2022 Municipal Waste Prevention and Recycling Grant Program 2 Problem Materials Project Expenses • New problem materials collection start-up expenses • Pop-up event expenses NEW or Improved Recycling Program Project Expenses • Mid-calendar year program expansion expenses may be eligible for this grant program if they have not already been approved in the 2022 SCORE grant program application. • Start-up collection expenses for targeted materials that are not currently being collected may qualify for this grant program. • Expenses related to reducing contamination may be eligible for this grant program. Project Description 1. Indicate focus area for project (check one): ☐ Waste Prevention or Reuse ☒ Organics/Food Waste ☐ Problem Materials ☐ NEW Recycling 2. Describe the project purpose, scope, design, and detailed project costs. Include in this description how the project will prevent waste, increase materials reuse, improve efficiency, and increase collaboration between communities. The organics program in Lino Lakes has been growing rapidly. We have 450 participants as of 7/28/22. Our 4 sites are currently comprised of 90 gallon carts. In order to provide more capacity while also meeting city ordinance for trash bin placement, we are hoping to build organics enclosures and shift site locations to better meet the program’s needs. The best quote that we received for an organics enclosure with a concrete pad is for $29,198. The enclosure itself is $21,998.00. The concrete pad is $7,200. The composite boards will be lower maintenance than wood and will be a better long-term solution for our program. Our site design and best quote are the same as Ramsey County has installed at Vadnais Heights and White Bear Lake City Halls. The enclosure will be sized according to Walters enclosure specifications. A 12’ X 14’ enclosure will accommodate a 4 yard organics dumpster. This same design will also house up to an 8-yard enclosure, which will allow for future program growth. 2022 Municipal Waste Prevention and Recycling Grant Program 3 Project Description, cont. 3. Explain how the project will be sustained over time after the grant funds are depleted. After the one-time cost of $29,198 for the enclosure construction, there should be minimal maintenance costs due to the composite board design. The city will be able to maintain these sites by replacing boards and hardware as needed to ensure the site remains functional over time. Project Outcomes 1. Describe expected project outcomes including materials to be collected for reuse or recycling and estimated annual diversion weight for each material. At this point, our sites typically collect about 1150 pounds per month, but they also fill up. With the increased capacity afforded by the dumpster/enclosure site, we will be sure that no one has to turn around without dumping their organics. Estimated annual organics diversion from one site: 6.9 tons. With the increased capacity, 10+ tons per year for one site should be attainable. 2022 Municipal Waste Prevention and Recycling Grant Program 4 Project Outcomes, cont. 2. For waste prevention and reuse projects, list strategies for promoting and executing these projects. Also list reuse outlets for the materials. N/A 2022 Municipal Waste Prevention and Recycling Grant Program 5 IN WITNESS WHEREOF, the parties hereunto set their hands. CITY OF _________________________________ COUNTY OF ANOKA By: By: Name: Name: _________________________________ Title: Title: Date: Date: 2022 Municipal Waste Prevention and Recycling Grant Application EVALUATION FORM City Name: Lino Lakes Date Application Submitted: 7/28/2022 Amount Requested: __$29,198___________________________ Evaluation Completed: 8/11/2022 Anoka County confirmed that the project meets the eligible expense criteria set forth in the grant application. ___x_______ yes __________ no Anoka County confirmed that this project is NOT included in the approved 2022 SCORE grant. _____x_____ yes __________ no Applicant confirmed that all expenses for project will be applied to NEW waste prevention or recycling efforts. ___x_______ yes __________ no Applicant confirmed that all details in the Project Description are complete and accurate in the application. ___x_______ yes __________ no Applicant confirmed that all details in the Project Outcomes are complete and accurate in the application. ____x______ yes __________ no Applicant confirmed the project will be completed and invoices submitted to the county no later than December 31, 2022 ___x_______ yes __________ no Application Approved: ____x______ yes __________ no Amount Approved: ____$25,000________________________________ Approved By: Jill Curran Title: Recycling & Resource Solutions Supervisor Signature: Date: 8/12/2022 Organics enclosure location in Sunrise Park Example organics enclosure CITY COUNCIL AGENDA ITEM 6F STAFF ORIGINATOR: Michael Grochala, Community Development Director MEETING DATE: October 10, 2022 TOPIC: Public Hearing. Consider Resolution No. 22-127, Approving Five Year Street Reconstruction Plan and Providing for Use of Unspent Bond Proceeds VOTE REQUIRED: Unanimous INTRODUCTION Staff is requesting City Council approval to amend the 2020-2024 Five Year Street Reconstruction Plan. BACKGROUND On June 22, 2020 the City Council approved the 2020 – 2024 Street Reconstruction Plan. The plan and subsequent approvals authorized issuance of Street Reconstruction Bonds for the 2021 Street Reconstruction project. This project included the following streets: Phase Streets Est. Cost 2021 4th Avenue (Main Street to Pine Street), Karth Rd, Joyer Ln, Talle Ln, Canfield Rd, and Gaage Ln. $1,849,000 This project was substantially completed in 2021 with final completion planned in 2022. Due to cost underruns and no use of contingency staff has identified approximately $437,000 remaining in the project fund. Since these funds are restricted to use for street improvements staff is recommending adding an additional project for reconstruction in 2023. Pheasant Run is a 450’ long cul de sac, lying north of Birch Street and east of Blackduck Drive. The Overall Condition Index rating of the street is 11 on a scale of 0 – 100. The street has undersized water main and poor stormwater drainage. The project would include full replacement of the water, sanitary and storm facilities. The estimated project cost is $850,000 with approximately 50% of the cost related to the street. This is generally consistent with the available funding in the 2021 Street Reconstruction Fund. To move forward with the project the City needs to amend the 2020 – 2024 Street Reconstruction Plan to identify the project. This requires a public hearing and unanimous vote by the City Council. Additionally, a 30-day period must elapse during which time a petition may be submitted requesting an election. If no petition is received the city may proceed with the project. RECOMMENDATION Staff is recommending approval of Resolution No. 22-127. ATTACHMENTS 1. Resolution No. 22-127 2.Amended and Restated 2020 – 2024 Street Reconstruction Plan 3.Project Location map CITY OF LINO LAKES RESOLUTION NO. 22-127 RESOLUTION ADOPTING AN AMENDED AND RESTATED STREET RECONSTRUCTION PLAN AND PROVIDING FOR THE USE OF UNSPENT PROCEEDS OF THE GENERAL OBLIGATION STREET RECONSTRUCTION BONDS, SERIES 2021A BE IT RESOLVED by the City Council (the “City Council”) of the City of Lino Lakes (the “City”), as follows: Section 1. Background. 1.01. The City is authorized under Minnesota Statutes, Section 475.58, subdivision 3b (the “Act”), to prepare a plan for street reconstruction in the City over the next five years that will be financed under the Act, including a description of the proposed work and estimated costs, and to issue general obligation bonds to finance the cost of street reconstruction activities described in the plan. 1.02. Before the issuance of any bonds under the Act, the City is required to hold a public hearing on the plan and issuance of the bonds. 1.03. On June 22, 2020, following a duly noticed public hearing, the City Council adopted a resolution approving a five-year street reconstruction plan (the “Original Plan”), which described certain street reconstruction activities in the City for the years 2020 through 2024. The reconstruction activities described in the Original Plan included, but were not limited to reconstruction of 4th Avenue, Karth Road, Joyer Lane, Talle Lane, Canfield Road, and Gaage Lane Drive Improvements (collectively, the “Original Project”). 1.04. On July 15, 2021, the City issued its General Obligation Street Reconstruction Bonds, Series 2021A (the “Bonds”), in the original aggregate principal amount of $1,849,000, the proceeds of which were used to finance the Original Project described in the Original Plan. 1.05. Construction of the Original Project has been completed, and the City has determined that there are unspent proceeds of the Bonds in the amount of $437,000. The City has determined to use the unspent proceeds of the Bonds to finance street reconstruction activities for Pheasant Run from Birch Street to its northern terminus (the “Additional Project”). The City does not expect to issue additional bonds to finance the Additional Project. 1.06. In order to authorize the use of the unspent proceeds of the Bonds for the Additional Project, the City has prepared an Amended and Restated 2020 through 2024 Five-Year Street Reconstruction Plan (the “Amended and Restated Plan”), which amends and restates the Original Plan. 1.07. On the date hereof, the City Council held a public hearing on the Amended and Restated Plan and the use of the unspent proceeds of the Bonds, after publication in the City’s official newspaper of a notice of public hearing at least ten (10) days but no more than twenty-eight (28) days before the date of the hearing. 2 Section 2. Amended and Restated Plan Approved. 2.01. The City Council finds that the Amended and Restated Plan will improve the City’s street and utility systems, which serves the interests of the City as a whole. 2.02. The Amended and Restated Plan is approved in the form on file in City Hall. Section 3. Unspent Proceeds of Bonds. 3.01. The use of the unspent proceeds of the Bonds for the Additional Project as described in the Amended and Restated Plan is hereby approved. 3.02. City staff are authorized and directed to take all other actions necessary to carry out the intent of this resolution. Adopted by the City Council of the City of Lino Lakes, Minnesota this 10th day of October, 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 LN140-87 (JAE) 823520v1 Amended and Restated 2020 through 2024 Five-Year Street Reconstruction Plan for the City of Lino Lakes, Minnesota Date of Original Plan: June 22, 2020 Date of Amended and Restated Plan: October 10, 2022 City of Lino Lakes Amended and Restated Five-Year Street Reconstruction Plan 2020 through 2024 I. PURPOSE Street reconstruction is a major expenditure of city funds for the reconstruction of streets. Street reconstruction may include bituminous overlays, utility replacement and relocation, public safety street modifications, and other incidental activities, turn lanes and other improvements having a substantial public safety function, realignments, other modifications to intersect with state and county roads, and the local share of state and county road projects. Except in the case of turn lanes, safety improvements, realignments, intersection modifications, and local share of state and county road projects, street reconstruction does not include the portion of project costs allocable to widening a street or adding curbs and gutters where none previously existed. A Street Reconstruction Plan (“SRP”) is a document designed to anticipate street reconstruction expenditures and schedule them over a five-year period so that they may be purchased in the most efficient and cost effective method possible. An SRP helps enable the matching of expenditures with anticipated income. As potential expenditures are reviewed, the city considers the benefits, costs, alternatives and impact on operating expenditures. The City of Lino Lakes, Minnesota (the “City”) believes the street reconstruction process is an important element of responsible fiscal management. Major capital expenditures can be anticipated and coordinated so as to minimize potentially adverse financial impacts caused by the timing and magnitude of capital outlays. This coordination of capital expenditures is important to the City in achieving its goals of adequate physical public assets, preservation of public assets and sound fiscal management. Good planning is essential for the wise and prudent use of limited financial resources. The SRP is designed to be updated periodically. The Street Reconstruction Plan is a part of the City’s capital improvement plan. In this manner, it becomes an ongoing fiscal planning tool that continually anticipates future capital expenditures and funding sources. On June 22, 2020, the City approved an SRP for the years 2020 through 2024. On July 15, 2021, the City issued its General Obligation Street Reconstruction Bonds, Series 2021A (the “Bonds”), in the original aggregate principal amount of $1,849,515,000 to finance the street reconstruction improvements originally described therein. Following completion of the bond-financed street reconstruction improvements, proceeds of the Bonds in the amount of $437,000.00 remain outstanding. The City is amending the original SRP, as set forth herein, to authorize the expenditure of the unspent proceeds of the Bonds to finance additional street reconstruction improvements. II. THE STREET RECONSTRUCTION PLANNING PROCESS For the City to use its authority to finance expenditures under Chapter 475.58, Subdivision 3b, it must meet the requirements provided therein. The street reconstruction planning process is as follows: The City staff prepares an SRP reflecting the street reconstruction projects anticipated to be undertaken within the next five years (based on their priority, fiscal impact, and available funding) and the estimated costs thereof. If general obligation bonding is deemed necessary, the City works with its financial advisor to prepare a bond sale and repayment schedule. A public hearing is held to solicit input from citizens on the SRP and the issuance of bonds. Notice of such hearing must be published in the official newspaper of the City at least 10, but not more than 28 days prior to the date of the public hearing. The City Council must approve the SRP and the sale of street reconstruction bonds by a unanimous vote of those members present at the meeting following the public hearing. Voters may petition for a reverse referendum on the issuance of street reconstruction bonds. If a petition bearing the signatures of voters equal to at least 5% of the votes cast in the last general election requesting a vote on the issuance of street reconstruction bonds is received by the City Clerk within 30 days after the public hearing, the City may only issue general obligation street reconstruction bonds after approval by voters at an election. If no petition is submitted, general obligation street reconstruction bonds may be issued without an election. In subsequent years, the process is repeated annually or as expenditures are completed and new needs arise. III. PROJECT SUMMARY AND FINANCING Street reconstruction projects anticipated to be undertaken within the next five years and the estimated costs thereof are set forth in Appendix A. A map of the proposed project streets is included in Appendix B. Those for which street reconstruction bonds are anticipated to be issued are marked with an asterisk in Appendix A and are currently anticipated to include the following: 2021 Street Reconstruction Bond Financed Expenditures – The 2021 Street Reconstruction Project includes the reconstruction of the following streets; 4th Avenue (Main Street to Pine Street) by required upgrades of the existing stormwater management system and curb replacement, and bituminous surfacing. General obligation street reconstruction bonds are proposed to be issued in 2021 in an aggregate principal amount of approximately $2,600,000.00 for the costs of the 4th Avenue Improvements from Main Street to Pine Street; the Karth Area Improvements including Karth Road, Joyer Lane, Talle Ln, Canfield Road, and Gaage Lane Drive Improvements; the Pheasant Run Improvements from Birch Street to its northern terminus; and the costs of issuing the bonds. Such bonds may be combined with other financing tools, including general obligation improvement bonds, to finance other capital improvements in the City. The bonding for the 4th Avenue Improvements, the Karth Area Improvements, and the Pheasant Run Improvements is expected to occur in 2021 but could happen at any time during the 2020 through 2024 Five-Year Street Reconstruction Plan. 4th Avenue Improvements The pavement on 4th Avenue is in very poor condition. The roadway is located in a high water table and poorly draining soils are located under and adjacent to the roadway. Portion of the road cross through wetlands with surface water one foot below the roadway. Large potholes have occurred in many areas of the roadway. In order to reconstruct the road, the roadway will need drainage issues corrected . The road reconstruction project will include reconstructing the street to meet the City’s standard road requirements, improvement of the drainage system to keep stormwater from compromising the new roadway, and meeting the Rice Creek Watershed District’s rate control and water quality treatment requirements related to the construction of the new roadway. The road reconstruction project will also include investigating the conditions of the County Ditch culvert under the roadway and reconstructing the culvert if necessary. Karth Area Improvements The pavement of streets within the Karth Area are also in very poor condition. The road reconstruction project will include reconstructing the street to meet the City’s standard road requirements, improvement of the drainage system to keep stormwater from compromising the new roadway and meeting the Rice Creek Watershed District’s rate control and water quality treatment requirements related to the construction of the new roadway. Pheasant Run Improvements The pavement on Pheasant Run and the drainage system including existing curb and gutter is in poor condition. The road construction project will include reconstructing the roadway to meet the City’s standard road requirements, improvement of the drainage system to keep stormwater from compromising the new roadway and meeting the Rice Creek Watershed district’s rate control and water quality treatment requirements. The replacement of existing sanitary sewer and water, as necessary will be completed and funded by sewer and water utility operating and trunk utility funds. Street reconstruction bonds are included in the amount of indebtedness of the City which cannot, under Minnesota Statutes, Section 475.53, exceed 3% of the assessor’s taxable market value for the City (“TMV”). The proposed bonds will not exceed statutory limits. All other foreseeable capital expenditures are expected to be financed through other revenue or financing sources. 2024 Street Reconstruction Project The 2024 Street Reconstruction Project includes the reconstruction of the following streets; Evergreen Trail, Diane Street, and Red Maple Lane by replacement of curb and gutter as needed, required upgrades of the existing stormwater management system and bituminous surfacing. No bonds are being contemplated for this project at the present time. APPENDIX A PROJECT COSTS 2020 2021 2022 2023 2024 4th Avenue (Main to Pine), Karth Road, Joyer Lane, Talle Ln, Canfield Road, Gaage Lane, Pheasant Run (Birch Street to northern terminus)* $1,412,515 $437,000 Evergreen Trail, Diane Street, Red Maple Lane $4,400,000 Totals by year $1,412,515 0 $437,000 $4,400,000 *Expenditures financed by Street Reconstruction Bonds where issued in an aggregate principal amount of approximately $1,849,000 in 2021. APPENDIX B PROJECT LOCATION MAP Rondeau Lake Peltier Lake Marshan Lake Centerville Lake George Watch Lake Sherman LakeWardsLakeReshanau Lake Rice Lake Golden Lake BaldwinLake Bald Eagle Lake AmeliaLake Otter Lake Cedar Lake Rice CreekMarsh RICE CREEKCHAIN OF LAKESREGIONAL TRAIL County Hwy 10 County Hwy 14County Hwy 21County Hwy 23County Hwy 14 Hodgson RdCounty Hwy 23County Hwy 21%&d( %&c( )s Hugo White Bear Twp. Lino Lakes White Bear Twp. Lino Lakes North Oaks Lino Lakes ShoreviewLino LakesCircle PinesLino LakesBlaineLino Lakes Columbus Lino LakesHugoLino Lakes Centerville Document Path: K:\02029-230\GIS\Maps\2020-2024_StreetReconstructionPlan.mxd Date Saved: 6/11/2020 8:30:34 AM Street Reconstruction Plan 2021 2023 2024 0 3,200Feet¯1 inch = 3,200 Ft Appendix B 2020 - 2024Street Reconstruction Plan City of Lino Lakes MN Amended CITY COUNCIL AGENDA ITEM 6G STAFF ORIGINATOR: Diane Hankee PE, City Engineer MEETING DATE: October 10, 2022 TOPIC: 2022 I35E Pipe Crossing Project i. Consider Resolution No. 22-120, Accepting bids, Awarding a Construction Contract ii. Consider Resolution No. 22-121, Approving Construction Services Contract with WSB & Associates VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting council’s consideration to accept bids, award a construction contract, and approve a construction services contract for the 2022 I35E Pipe Crossing Project. BACKGROUND On August 8, 2022, the City Council ordered the project and authorized the advertisement for bid for the 2022 I35E Pipe Crossing Project. The project is the second phase of the NE Drainage Improvements as outlined in the Comprehensive Stormwater Management Plan and 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 I35E Pipe Crossing Projects included two alternative bids, allowing either jacking 60” diameter steel casing pipe and installing 42” diameter PP storm pipe (Alternate 1) or jacking 42” diameter reinforced concrete pipe without a casing (Alternate 2). Bids were received on Wednesday, October 5, 2022. A total of three bids were received. As shown below: CONTRACTOR TOTAL BASE BID TOTAL BASE BID + ALT 1 TOTAL BASE BID + ALT 2 Minger Construction Co., Inc. $142,827.80 $647,877.80 $512,927.80 New Look Contracting, Inc. $126,808.50 $735,508.50 $583,758.50 Meyer Contracting, Inc. $359,470.98 $1,129,980.86 $933,195.42 The low bid was submitted by Minger Construction, Co., Inc. in the amount of $512,927.80 for the base bid and bid alternate 2. This would be Minger Construction, Co. first project in Lino Lakes and WSB and Associates has completed construction projects with Minger Construction Co. in other communities. The total budget for the 2022 I35E Pipe Crossing Project including soft costs and contingencies, is $750,000.00. The project is funded through the City’s Surface Water Management Fund. The substantial completion date for this project is January 31, 2023. WSB and Associates has submitted a proposal to complete the construction services the project in the amount of $32,036.00. RECOMMENDATION Staff recommends adoption of Resolution No. 22-120, Accepting the Bid and Awarding a Construction Contract for the 2022 I35E Pipe Crossing Project in the amount of $512,927.80 to Minger Construction, Co., Inc., and adoption of Resolution No. 22-121 Approving the Construction Services Contract with WSB for the 2022 I35E Pipe Crossing Project, in the amount of $32,036.00. ATTACHMENTS 1. Resolutions 22-120 & 22-121 2. Bid Tabulation 3. WSB Proposal CITY OF LINO LAKES RESOLUTION NO. 22-120 ACCEPTING BASE BID AND AWARDING A CONSTRUCTION CONTRACT 2022 I35E PIPE CROSSING PROJECT WHEREAS, pursuant to an advertisement for bids for the construction of the 2022 I35E Pipe Crossing Project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement; and CONTRACTOR TOTAL BASE BID TOTAL BASE BID + ALT 1 TOTAL BASE BID + ALT 2 Minger Construction Co., Inc. $142,827.80 $647,877.80 $512,927.80 New Look Contracting, Inc. $126,808.50 $735,508.50 $583,758.50 Meyer Contracting, Inc. $359,470.98 $1,129,980.86 $933,195.42 WHEREAS, it appears that Minger Construction, Co., Inc. is the lowest responsible bidder; and WHEREAS, the City Council finds that it would be in the best interest of the city to proceed with Base Bid and Alternate 2, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Minger Construction, Co., Inc., in the amount of $512,927.80 by the name of the City of Lino Lakes for the Base Bid and Alternate 2 construction of the 2022 I35E Pipe Crossing Project according to the plans and specifications approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidder the Bid Bonds made with their bids, except that the deposits of the successful bidder and the next two lowest bidders shall be retained until a contract has been signed. Adopted by the Council of the City of Lino Lakes this 10th day of October, 2022. The motion for the adoption of the foregoing resolution was introduced by Council Member _______________and was duly seconded by Council Member ________________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: _______________________________ Rob Rafferty, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk CITY OF LINO LAKES RESOLUTION NO. 22-121 APPROVING THE CONSTRUCTION SERVICES CONTRACT 2022 I35E PIPE CROSSING PROJECT WHEREAS, pursuant to the City Council awarding a construction contract to Minger Construction, Co., Inc. in the amount of $512,927.80, on October 10, 2022; and WHEREAS, WSB and Associates has submitted a proposal to complete the construction services for the 2022 I35E Pipe Crossing Project in the amount of $32,036.00; and WHEREAS, the City Council finds that it would be in the best interests of the city to proceed with the construction oversight and administration, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, the Mayor and Clerk are hereby authorized and directed to enter into a contract with WSB, in the name of the City of Lino Lakes for the construction services of 2022 I35E Pipe Crossing Project. Adopted by the Council of the City of Lino Lakes this 10th day of October, 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 PROJECT:OWNER:City of Lino LakesWSB PROJECT NO.: 019485-000Bids Opened: Wednesday, October 5, 2022, at 10:30 amContractorBid Security (5%) BASE BIDALTERNAT 1Steel Pipe JackingALTERNAT 2Concrete Pipe JackingBASE BID AND ALTERNATE 1BASE BID AND ALTERNATE 21 Minger Construction Co., Inc. x $142,827.80 $505,050.00 $370,100.00 $647,877.80 $512,927.802 New Look Contracting, Inc.x $126,808.50 $608,700.00 $456,950.00 $735,508.50 $583,758.503 Meyer Contracting, Inc.x $359,470.98 $770,509.98 $573,724.44 $1,129,980.96 $933,195.42Engineer's Opinion of Cost$198,819.50 $604,000.00 $342,700.00 $802,819.50 $541,519.50Denotes corrected figureDiane Hankee, PE Project ManagerBID TABULATION SUMMARYI hereby certify that this is a true and correct tabulation of the bids as received on October 5, 2022.2022 I35E Pipe Crossing ProjectK:\019485-000\Admin\Construction Admin\Bidding\019485-000 Bid Summary 100522 \\metro-inet\linolakes\Shared\Community Development\Projects\Capital Improvement Projects\2022 I35E Pipe Crossing\Staff Reports\20221010 CC Award Project & Construction Services\4. Construction Services Proposal.docx 178 E 9TH STREET | SUITE 200 | SAINT PAUL, MN | 55101 | 651.286.8450 | WSBENG.COM October 5, 2022 Mr. Michael Grochala Community Development Director City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 Re: Proposal for Construction Services for 2022 I35E Pipe Crossing Project WSB Project No. R-019135-000 Dear Mr. Grochala: WSB & Associates, Inc. is providing a proposal for construction services associated with the 2022 I35E Pipe Crossing Project. This construction services proposal would be subsequent to the City Council awarding the construction contract. The project includes constructing temporary access routes, jacking storm sewer under Highway I35E, and relocating a MnDOT fiber optic line. Scope of Engineering Services WSB is pleased to provide professional construction engineering services for the 2022 I35E Pipe Crossing Project including contract administration, construction observation, construction staking, coordinating access with private property owners, and weekly project updates to those impacted by construction. Below is a detailed description of the engineering services and WSB’s proposed approach. I. Construction Services a. Project Management/Contract Administration Contract Administration includes holding meetings with the contractor & City of Lino Lakes (preconstruction & weekly construction), processing monthly quantities for pay vouchers, construction notices and communicating with property owners on a regular basis. b. Construction Observation WSB will provide an experienced engineering specialist whose responsibilities will include communicating with the Contactor as an agent of the City, calculating and keeping track of daily construction quantities and costs, coordinate with impacted property owners as necessary, and work with the Contractor to assist with a quality constructed product. We will also coordinate construction testing. Construction testing will be by others. c. Construction Staking (Survey) WSB will provide Surveying staff as necessary to provide field staking for necessary utility alignments, elevations, and any necessary structure related information. Mr. Michael Grochala October 5, 2022 Page 2 \\metro-inet\linolakes\Shared\Community Development\Projects\Capital Improvement Projects\2022 I35E Pipe Crossing\Staff Reports\20221010 CC Award Project & Construction Services\4. Construction Services Proposal.docx Proposed Fee WSB will complete the scope of work the project discussed herein on hourly basis for a not-to-exceed amount of $32,036.00. Tasks not shown are considered outside of the scope of services. If additional work is necessary, we will prepare a detailed scope of work and include it as an addendum to this agreement. This letter represents our complete understanding of the 2022 I35E Pipe Crossing Project and the proposed scope of services. If you agree with the scope of services and proposed fee, please sign in the appropriate space below and return one copy to us. If you have any questions about this proposal, please feel free to call me at 763.287.8536. Sincerely, Mark Erichson Brian Bourassa Mark Erichson Client Representative Director ACCEPTANCE: The City of Lino Lakes hereby accepts the WSB proposal of $32,036.00 for services outlined in this letter. City of Lino Lakes Name Title Date CITY COUNCIL AGENDA ITEM 6H STAFF ORIGINATOR: Kelsey Gelhar, Assistant City Engineer MEETING DATE: October 10, 2022 TOPIC: Consider Resolution No. 22-117, Adopting Assessments, 2022 Individual Properties VOTE REQUIRED: 3/5 Vote Required INTRODUCTION Staff is requesting City Council consideration to adopt assessments for properties where the owners have requested connection to City utilities and have entered into a Petition and Waiver Agreement. BACKGROUND The property owners have submitted a signed waiver, which waives their rights to a hearing and waives their rights to appeal under the Lino Lakes City Charter and/or Minnesota Statute 429 provided that the assessment associated with the improvement is levied against their property. The City will adopt assessments for the following individual properties, which requested connection to city utilities: - 617 Apollo Drive - 6134 Ware Road The total amount to be assessed is $96,189.00. Attached is the proposed assessment roll. RECOMMENDATION Staff is recommending approval of Resolution No. 22-117, Adopting Assessments, 2022 Individual Properties. ATTACHMENTS 1. Resolution No. 22-117 2. Assessment Roll CITY OF LINO LAKES RESOLUTION NO. 22-117 RESOLUTION ADOPTING INDIVIDUAL ASSESSMENTS WHEREAS, pursuant to an executed Petition and Waiver Agreement, associated property owners waive all rights to a hearing on conducting of local improvements which will benefit the following properties which requested connection to City utilities: - 617 Apollo Drive - 6134 Ware Road NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes: 1. Such proposed assessment, a copy of which is attached hereto and made a part thereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of ten years, the first installment to be payable on or before the first Monday in January, 2022, and shall bear interest at the rate of five percent (5%) per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2022. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and the owner may, at any time thereafter, pay to the City the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the City Council of Lino Lakes, Minnesota this 10th day of October, 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 ASSESSMENT ROLL OCTOBER 10, 2022 2022 INDIVIDUAL ASSESSMENTS LINO LAKES, MINNESOTA SANITARY SURFACE NEW LOT SANITARY WATERMAIN STREET STORM SEWER SEWER WATERMAIN WATER ASSESSMENT FRONT FRONT FRONT FRONT TOTAL PIN ADDRESS UNIT UNIT UNIT MGMT UNIT FOOTAGE FOOTAGE FOOTAGE FOOTAGE ASSESSMENT 08-32-22-43-0024 617 APOLLO DRIVE 26 39,650.00$ 38,298.00$ -$ -$ -$ -$ -$ -$ 77,948.00$ 32-31-22-32-0005 6134 WARE ROAD 1 3,155.00$ 3,814.00$ -$ -$ 5,792.00$ 5,480.00$ -$ -$ 18,241.00$ TOTAL 42,805.00$ 42,112.00$ -$ -$ 5,792.00$ 5,480.00$ -$ -$ 96,189.00$ CITY COUNCIL AGENDA ITEM 6I STAFF ORIGINATOR: Kelsey Gelhar, Assistant City Engineer MEETING DATE: October 10, 2022 TOPIC: Consider Resolution No. 22-118, Adopting Assessments, Butler Addition VOTE REQUIRED: 3/5 Vote Required INTRODUCTION Staff is requesting City Council consideration to adopt assessments for the Butler Addition Development pursuant the Development Agreement for the project. BACKGROUND The City Council approved the Development Agreement for Butler Addition dated August 11th, 2021. The Agreement provides for the assessment of trunk water, sanitary sewer, and surface water fees. The total amount to be assessed for Butler Addition is $14,128.00. In the above referenced Development Agreement, the developer has waived any and all procedural and substantive objections to the special assessments. The developer has reviewed and approved the assessments. Attached is the proposed assessment roll. RECOMMENDATION Staff is recommending approval of Resolution No. 22-118, Adopting Assessments, Butler Addition. ATTACHMENTS 1. Resolution No. 22-118 2. Assessment Roll CITY OF LINO LAKES RESOLUTION NO. 22-118 RESOLUTION ADOPTING SPECIAL ASSESSMENTS, BUTLER ADDITION WHEREAS, pursuant to the development agreement dated August 11th, 2021, the developer waives all rights to a hearing on conducting of local improvements which will benefit the properties within the Butler Addition development which requested connection to City utilities, NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes: 1. Such proposed assessment, a copy of which is attached hereto and made a part thereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of fifteen years, the first installment to be payable on or before the first Monday in January, 2023, and shall bear interest at the rate of five percent (5%) per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2022. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and the owner may, at any time thereafter, pay to the City the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the City Council of Lino Lakes, Minnesota this 10th day of October, 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 ASSESSMENT ROLL OCTOBER 10, 2022 BUTLER ADDITION ASSESSMENTS LINO LAKES, MINNESOTA SANITARY WATER SANITARY ACCESS WATER ACCESS SURFACE TOTAL PIN ADDRESS UNIT TRUNK CHARGE (SAC)TRUNK CHARGE (SAC)WATER ASSESSMENT 08-31-22-24-0053 7870 Meadow View Trail 1 -$ -$ 2,341.00$ 1,473.00$ 1,672.50$ 5,486.50$ 08-31-22-24-0054 540 Lois Lane 1 1,630.00$ 1,525.00$ 2,341.00$ 1,473.00$ 1,672.50$ 8,641.50$ TOTAL 1,630.00$ 1,525.00$ 4,682.00$ 2,946.00$ 3,345.00$ 14,128.00$ CITY COUNCIL AGENDA ITEM 6J STAFF ORIGINATOR: Kelsey Gelhar, Assistant City Engineer MEETING DATE: October 10, 2022 TOPIC: Consider Resolution No. 22-119, Adopting Assessments, Watermark 5th Addition VOTE REQUIRED: 3/5 Vote Required INTRODUCTION Staff is requesting City Council consideration to adopt assessments for the Watermark 5th Addition Development pursuant the Development Agreement for the project. BACKGROUND The City Council approved the Development Agreement for Watermark 5th Addition on August 8th, 2022. The Agreement provides for the assessment of trunk water, sanitary sewer, and surface water fees. The total amount to be assessed for Watermark 5th Addition is $516,462.92. In the above referenced Development Agreement, the developer has waived any and all procedural and substantive objections to the special assessments. The developer has reviewed and approved the assessments. Attached is the proposed assessment roll. Property ID Numbers and addresses have yet to be assigned by Anoka County and will be updated prior to registering the assessment with the county. RECOMMENDATION Staff is recommending approval of Resolution No. 22-119, Adopting Assessments, Watermark 5th Addition. ATTACHMENTS 1. Resolution No. 22-119 2. Assessment Roll CITY OF LINO LAKES RESOLUTION NO. 22-119 RESOLUTION ADOPTING SPECIAL ASSESSMENTS, WATERMARK 5TH ADDITION WHEREAS, pursuant to the development agreement dated August 8th, 2022, the developer waives all rights to a hearing on conducting of local improvements which will benefit the properties within the Watermark 5th Addition development which requested connection to City utilities, NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes: 1. Such proposed assessment, a copy of which is attached hereto and made a part thereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of fifteen years, the first installment to be payable on or before the first Monday in January, 2023, and shall bear interest at the rate of five percent (5%) per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2022. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and the owner may, at any time thereafter, pay to the City the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the City Council of Lino Lakes, Minnesota this 10th day of October, 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 FINAL ASSESSMENT ROLL OCTOBER 10, 2022 WATERMARK 5TH ADDITION ASSESSMENTS LINO LAKES, MINNESOTA SANITARY WATER SANITARY ACCESS WATER ACCESS SURFACE TOTAL PIN ADDRESS UNIT TRUNK*CHARGE (SAC)TRUNK *CHARGE (WAC)WATER ASSESSMENT PENDING Lot 1 Block 1, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 2 Block 1, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 3 Block 1, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 4 Block 1, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 5 Block 1, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 6 Block 1, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 7 Block 1, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 8 Block 1, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 9 Block 1, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 10 Block 1, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 11 Block 1, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 12 Block 1, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 13 Block 1, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 14 Block 1, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 15 Block 1, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 16 Block 1, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 17 Block 1, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 18 Block 1, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 19 Block 1, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 20 Block 1, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 21 Block 1, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 22 Block 1, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 23 Block 1, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 24 Block 1, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 25 Block 1, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 26 Block 1, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 27 Block 1, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 28 Block 1, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 29 Block 1, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 30 Block 1, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 31 Block 1, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 32 Block 1, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 1 Block 2, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 2 Block 2, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 3 Block 2, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 4 Block 2, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 5 Block 2, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 6 Block 2, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 7 Block 2, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ FINAL ASSESSMENT ROLL OCTOBER 10, 2022 WATERMARK 5TH ADDITION ASSESSMENTS LINO LAKES, MINNESOTA SANITARY WATER SANITARY ACCESS WATER ACCESS SURFACE TOTAL PIN ADDRESS UNIT TRUNK*CHARGE (SAC)TRUNK *CHARGE (WAC)WATER ASSESSMENT PENDING Lot 8 Block 2, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 9 Block 2, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 10 Block 2, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 11 Block 2, XXXX Norway Lane/XXXX Lotus Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 1 Block 3, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 2 Block 3, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 3 Block 3, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 4 Block 3, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 5 Block 3, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 6 Block 3, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 1 Block 4, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 2 Block 4, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 3 Block 4, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 4 Block 4, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 5 Block 4, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 6 Block 4, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 7 Block 4, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 8 Block 4, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 9 Block 4, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 10 Block 4, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 11 Block 4, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 12 Block 4, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 13 Block 4, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 14 Block 4, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 15 Block 4, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 16 Block 4, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 17 Block 4, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 1 Block 5, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 2 Block 5, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 3 Block 5, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 4 Block 5, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 5 Block 5, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 6 Block 5, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 7 Block 5, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 8 Block 5, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 9 Block 5, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 1 Block 6, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 2 Block 6, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 3 Block 6, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ FINAL ASSESSMENT ROLL OCTOBER 10, 2022 WATERMARK 5TH ADDITION ASSESSMENTS LINO LAKES, MINNESOTA SANITARY WATER SANITARY ACCESS WATER ACCESS SURFACE TOTAL PIN ADDRESS UNIT TRUNK*CHARGE (SAC)TRUNK *CHARGE (WAC)WATER ASSESSMENT PENDING Lot 4 Block 6, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 5 Block 6, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 6 Block 6, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 7 Block 6, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 8 Block 6, XXXX Norway Lane 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 9 Block 6, XXXX Koronis Circle 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 10 Block 6, XXXX Koronis Circle 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 11 Block 6, XXXX Koronis Circle 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 12 Block 6, XXXX Koronis Circle 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 13 Block 6, XXXX Koronis Circle 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 14 Block 6, XXXX Koronis Circle 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 15 Block 6, XXXX Koronis Circle 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 16 Block 6, XXXX Koronis Circle 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 17 Block 6, XXXX Koronis Circle 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 18 Block 6, XXXX Koronis Circle 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 19 Block 6, XXXX Koronis Circle 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 20 Block 6, XXXX Koronis Circle 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 21 Block 6, XXXX Koronis Circle 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ PENDING Lot 22 Block 6, XXXX Koronis Circle 495.57$ 1,525.00$ 1,830.79$ 1,473.00$ -$ 5,324.36$ TOTAL 48,070.29$ 147,925.00$ 177,586.63$ 142,881.00$ -$ 516,462.92$ * Sanitary Trunk Credit of $110,040.00 and Water Trunk Credit of $49,490.00 are applied and are reflected here