HomeMy WebLinkAbout10-24-2022 City Council PacketEXPANDED AGENDA
CITY COUNCIL AGENDA
Monday, October 24, 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. Liquor License Fee Research, Hannah Lynch
2. 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
1. CONSENT AGENDA
A) Consider Approval of Expenditures for October 24, 2022 (Check No. 117366
through 117460) in the Amount of $846,474.23
B) Consider Approval of October 10, 2022 Work Session Minutes
C) Consider Approval of October 10, 2022 Council Meeting Minutes
Action Taken: Motion by Lyden seconded by Ruhland, to approve
Consent Agenda Items 1A through 1C, as presented, was adopted
2. FINANCE DEPARTMENT REPORT
A) Consider 1st Reading of Ordinance No. 07-22, Establishing the 2023 City Fee
Schedule, Hannah Lynch
Action Taken: Motion by Lyden, seconded by Ruhland, to approve
the 1st Reading of Ordinance No. 07-22, as presented, was adopted
3. ADMINISTRATION DEPARTMENT REPORT
No report
4. PUBLIC SAFETY DEPARTMENT REPORT
A) Cannabinoid Ordinance, John Swenson
Council Agenda -2- October 24, 2022
i. Consider 2nd Reading of Ordinance No. 03-22, Enacting Ordinance
Regulating Edible Cannabinoid Products
Action Taken: Motion by Lyden, seconded by Ruhland, to approve
the 2nd Reading and Adoption of Ordinance No. 03-22 as presented, was
adopted; Yeas, 5; Nays none
ii. Consider Resolution No. 22-133, Authorizing Summary Publication
Action Taken: Motion by Cavegn, seconded by Ruhland, to approve
Resolution No. 22-133 as presented, was adopted
5. PUBLIC SERVICES DEPARTMENT REPORT
No report
6. COMMUNITY DEVELOPMENT REPORT
A) Public Hearing, Consider Resolution No. 22-132, Adopting Assessments, 2022
Weed Abatement, Michael Grochala
Action Taken: Motion by Cavegn, seconded by Ruhland, to approve
Resolution No. 22-132 as amended to reduce the assessment for Ulmer Drive
by the cost of the second correction, was adopted; Lyden voted no.
B) Consider Approval of Resolution No. 22-124, Authorize the Preparation of
Plans and Specs, 2023 Street Rehabilitation Project, Diane Hankee
Action Taken: Motion by Stoesz, seconded by Lyden, to approve
Resolution No. 22-124 as presented, was adopted
C) Consider Resolution 22-128, Approving Payment No. 12 and Final, 2021 Street
Improvement Project, Diane Hankee
Action Taken: Motion by Lyden, seconded by Ruhland, to approve
Resolution No. 22-128 as presented, was adopted
D) Consider Resolution No. 22-131, Requesting Anoka County Conduct a Speed Study
on County State Aid Highway 34 (Birch Street), Diane Hankee
Action Taken: Motion by Cavegn, seconded by Ruhland, to approve
Resolution No. 22-131 as presented, was adopted
E) Belland Farms Second Addition, Katie Larsen
i. Consider Resolution No. 22-129 Approving Final Plat
Action Taken: Motion by Cavegn, seconded by Ruhland, to approve
Resolution No. 22-129 as presented, was adopted
ii. Consider Resolution No. 22-130 Approving Development Agreement
Action Taken: Motion by Cavegn, seconded by Ruhland, to approve
Resolution No. 22-130 as presented, was adopted
F) Consider 2nd Reading of Ordinance No. 04-22 Marketplace PDO Amendment
#3 related to 601 Apollo Retail, Katie Larsen
Council Agenda -3- October 24, 2022
Action Taken: Motion by Cavegn, seconded by Lyden, to approve
the 2nd Reading and Adoption of Ordinance No. 04-22 as presented, was
adopted; Yeas, 5; Nays none
7. UNFINISHED BUSINESS
None
8. NEW BUSINESS
None
Adjournment
Special Budget Work Session to follow the Regular City Council Meeting
(in the Community Room)
Community Calendar – A Look Ahead
October 24, 2022 through November 14, 2022
Wednesday, October 26 6:30 pm, Council Chambers Environmental Board
Thursday, October 27 6:30 pm, Community Room Charter Commission
Wednesday, November 2 6:00 pm, Council Chambers Park Board
Thursday, November 3 8:00 am, Community Room EDAC
Monday, November 7 6:00 pm, Community Room Council Work Session
Wednesday, November 9 6:30 pm, Council Chambers Planning & Zoning Board
Monday, November 14 6:00 pm, Community Room Council Work Session
Monday, November 14 6:30 pm, Council Chambers City Council Meeting
CITY COUNCIL AGENDA
Monday, October 24, 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. Liquor License Fee Research, Hannah Lynch
2. 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
1. CONSENT AGENDA
A) Consider Approval of Expenditures for October 24, 2022 (Check No. 117366
through 117460) in the Amount of $846,474.23
B) Consider Approval of October 10, 2022 Work Session Minutes
C) Consider Approval of October 10, 2022 Council Meeting Minutes
2. FINANCE DEPARTMENT REPORT
A) Consider 1st Reading of Ordinance No. 07-22, Establishing the 2023 City Fee
Schedule, Hannah Lynch
3. ADMINISTRATION DEPARTMENT REPORT
No report
4. PUBLIC SAFETY DEPARTMENT REPORT
A) Cannabinoid Ordinance, John Swenson
i. Consider 2nd Reading of Ordinance No. 03-22, Enacting Ordinance
Regulating Edible Cannabinoid Products
*Council may vote to dispense with full reading of ordinance
* Roll call vote is required for adoption of the ordinance
ii. Consider Resolution No. 22-133, Authorizing Summary Publication
Council Agenda -2- October 24, 2022
5. PUBLIC SERVICES DEPARTMENT REPORT
No report
6. COMMUNITY DEVELOPMENT REPORT
A) Public Hearing, Consider Resolution No. 22-132, Adopting Assessments, 2022
Weed Abatement, Michael Grochala
B) Consider Approval of Resolution No. 22-124, Authorize the Preparation of
Plans and Specs, 2023 Street Rehabilitation Project, Diane Hankee
C) Consider Resolution 22-128, Approving Payment No. 12 and Final, 2021 Street
Improvement Project, Diane Hankee
D) Consider Resolution No. 22-131, Requesting Anoka County Conduct a Speed Study
on County State Aid Highway 34 (Birch Street), Diane Hankee
E) Belland Farms Second Addition, Katie Larsen
i. Consider Resolution No. 22-129 Approving Final Plat
ii. Consider Resolution No. 22-130 Approving Development Agreement
F) Consider 2nd Reading of Ordinance No. 04-22 Marketplace PDO Amendment
#3 related to 601 Apollo Retail, Katie Larsen
*Council may vote to dispense with full reading of ordinance
* Roll call vote is required for adoption of the ordinance
7. UNFINISHED BUSINESS
None
8. NEW BUSINESS
None
Adjournment
Special Budget Work Session to follow the Regular City Council Meeting
(in the Community Room)
Community Calendar – A Look Ahead
October 24, 2022 through November 14, 2022
Wednesday, October 26 6:30 pm, Council Chambers Environmental Board
Thursday, October 27 6:30 pm, Community Room Charter Commission
Wednesday, November 2 6:00 pm, Council Chambers Park Board
Thursday, November 3 8:00 am, Community Room EDAC
Monday, November 7 6:00 pm, Community Room Council Work Session
Wednesday, November 9 6:30 pm, Council Chambers Planning & Zoning Board
Monday, November 14 6:00 pm, Community Room Council Work Session
Monday, November 14 6:30 pm, Council Chambers City Council Meeting
WS – Item 1
WORK SESSION STAFF REPORT
Work Session Item No. 1
Date: October 24, 2022
To: City Council
From: Hannah Lynch, Finance Director
Re: Liquor License Fee Research
Background
Council has inquired if the City’s liquor license fees are adequate. The license fees are
intended to cover the costs of issuing, inspecting, and other directly related costs of
enforcement. In advance of the first reading of the 2023 fee schedule staff researched
fees of surrounding communities:
City
Liquor License
On-Sale
Liquor License
Off-Sale
Anoka $5,000 $150
Blaine $5,800 $380
Centerville*$3,250 100
Coon Rapids $10,300 $380
Forest Lake $3,000 $200
Fridley*$7,500 $300
Hugo $2,300 $100
Lino Lakes $4,500 $200
Mounds View*$6,500 $200
Shoreview*$4,500 $200
Vadnais Heights*$4,800 $380
White Bear Lake $3,200 $200
Average $5,054 $233
*Median of a fee range was used
2022 Fee Schedules
The Lino Lakes liquor license fees appear to be comparable to surrounding communities.
Staff has not included a change in liquor fees in the currently proposed 2023 Fee
Schedule. It should be noted that if the Council would like to consider changing the
liquor license fees, per Minnestoa State Statute 340A.408:
No city, town, or county shall increase the fee for a liquor license governed by subdivision 1, 2,
or 3, except after notice and hearing on the proposed increase. Notice of the proposed increase
must be mailed to all affected licensees at least 30 days before the date set for the hearing. This
subdivision supersedes any inconsistent provision of law or charter.
Requested Council Direction
Discussion purposes only.
Attachments
None
+
Expenditures
October 24, 2022
Check #117366 to #117460
$846,474.23
Electronic Funds Transfer
MN Statute 471.38 Subd. 3
Council Meeting October 24, 2022 Transfer In/(Out)
10/12/2022 Wire to MCM (120,000.00)
10/15/2022 Building Permit Surcharge (2,796.15)
10/20/2022 Sales & Use Tax (5,273.00)
10/14/2022 Payroll #21 (186,144.62)
10/14/2022 Payroll #21 Federal Deposit (53,173.19)
10/14/2022 Payroll #21 PERA (53,447.36)
10/14/2022 Payroll #21 State (11,807.27)
10/14/2022 Payroll #21 Child Support (856.06)
10/14/2022 Payroll #21 H.S.A. Bank Pretax (3,694.88)
10/14/2022 Payroll #21 TASC Pretax (1,536.70)
10/14/2022 Payroll #21 ICMA 457 Def. Comp #301596 (2,945.00)
10/14/2022 Payroll #21 ICMA Roth IRA #706155 (905.75)
10/14/2022 Payroll #21 MSRS HCSP #98946-01 (4,204.10)
10/14/2022 Payroll #21 MSRS Def. Comp #98945-01 (4,157.00)
10/14/2022 Payroll #21 MSRS Roth IRA #98945-01 (834.00)
CITY COUNCIL WORK SESSION
DRAFT
1
CITY OF LINO LAKES 1
MINUTES 2
3
DATE : October 10, 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 : None 9
Staff members present: City Administrator Sarah Cotton; Community Development 10
Director Michael Grochala; City Planner Katie Larsen; City Engineer Diane Hankee; 11
Director of Public Safety John Swenson; Environmental Coordinator Andy Nelson 12
13
1. Review Regular Council Agenda - 14
Item 4A) Consider 1st Reading of Ordinance No. 03-22, Enacting Ordinance 15
Chapter 619 Regulating Edible Cannabinoid Products – Public Safety Director 16
Swenson reviewed the staff report. Staff is recommending approval of the 1st reading of 17
the ordinance that will establish cannabinoid regulations for this City within the City 18
Code. 19
20
Councilmember Stoesz noted the fee included and requested a future discussion of the 21
appropriateness of the fee as well as those for liquor licensing. He understands that fees 22
must be tied to the City’s costs for having licenses in place. The council will discuss fees 23
at the November work session. 24
Item 6A) Consider Resolution No.22-125, Approving Record of Decision, 25
Robinson Farms, EAW – Community Development Director Grochala reviewed his 26
written report. The council is being asked to act on the Record of Decision. He noted 27
the Environment Board discussion the past Wednesday. There were additional questions 28
received at that time and data on that will be included in the document even though the 29
comment period was closed. The WSB & Associates consultant on the project will be 30
present at the council meeting to review the report. 31
Item 6B) Public Hearing, Consider Resolution No. 22-126, Approving Tax 32
Increment Financing Plan for District 1-14– Community Development Director 33
Grochala reviewed his written report. The council is being requested to hold a public 34
hearing and consider approval of the tax increment financing plan. 35
Item 6C) 601 Apollo Drive Retail – City Planner Larsen noted that the council did 36
review this proposal at the last work session. Ms. Larsen briefly reviewed the project. 37
Councilmember Lyden said he has some remaining concerns about the traffic layout for 38
this project. He thinks it’s too tight. City Planner Larsen remarked that the plan meets 39
all of the City’s requirements. Councilmember Lyden will discuss further at the council 40
meeting when a site plan is viewed. 41
CITY COUNCIL WORK SESSION
DRAFT
2
Item 6D) Consider Resolution No. 22-122, Approving 2023 Anoka County 42
Residential Recycling Program Agreement – Environmental Coordinator Nelson 43
reviewed his written request for approval of the annual program agreement for the City’s 44
residential recycling activities. Activities funded by the grant were noted. 45
Councilmember Ruhland asked questions about the City’s recycling events. He also 46
asked if the City has considered doing an annual pick up event. Staff explained the 47
City’s experience in providing services and the decision to provide monthly and annual 48
recycle day. 49
Item 6E) Consider Resolution No. 22-123, Approving Anoka County 50
Agreement for Organics Enclosure - Environmental Coordinator Nelson reviewed the 51
staff recommendation to enter an agreement that will provide an additional enclosure at 52
one location. He noted that demand for organics recycling continues to increase. Mayor 53
Rafferty asked if there is an odor involved. Mr. Nelson noted the location planned which 54
he feels will keep the enclosure with adequate space from park activities. 55
Item 6F) Public Hearing, Consider Resolution No. 22-127, Approving Amended 56
and Restated Street Reconstruction Plan – Community Development Director 57
Grochala reviewed his written report recommending the addition of a roadway (Pheasant 58
Run). This is made possible by cost under runs and available contingency. 59
Item 6G) 2022 I35E Pipe Crossing Project – City Engineer Hankee reviewed the 60
staff report. For this project, a bid process was undertaken; the bid included alternates. 61
A favorable bid was received and staff is requesting council approval. Construction 62
oversight by WSB & Associates is included in the project request. 63
Item 6H) Consider Approval of Resolution No. 22-117, Adopting Assessments, 64
2022 Individual Properties. 65
Item 6I) Consider Approval of Resolution No. 22-118, Adopting Assessments, 66
Butler Addition. 67
Item 6J) Consider Approval of Resolution No. 22-119, Adopting Assessments, 68
Watermark 5th Addition. 69
Engineer Kelsey Gelhar, WSB & Associates, will present to the council on all the 70
assessment items. 71
The meeting was adjourned at 6:25 p.m. 72
73
These minutes were considered, corrected and approved at the regular Council meeting held on 74
October 24, 2022. 75
76
77
78
79
Julianne Bartell, City Clerk Rob Rafferty, Mayor 80
81
COUNCIL MINUTES
DRAFT
1
1
LINO LAKES CITY COUNCIL 2
REGULAR MEETING 3
MINUTES 4
5
DATE : October 10, 2022 6
TIME STARTED : 6:30 p.m. 7
TIME ENDED : 8:21 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; Community Development Director 12
Michael Grochala; City Planner Katie Larsen; City Engineer Diane Hankee; Environmental 13
Coordinator Andy Nelson; Director of Public Safety John Swenson 14
15
PUBLIC COMMENT 16
Resident of 8105 Diane Street, asked for an update on development at Lake Drive and Main Street. 17
Mayor Rafferty explained that any proposal at this point is just a concept and the neighborhood will 18
be kept up to date if anything moves forward. 19
Scott Featherstone, 631 Andall Street, addressed the council regarding tax increment financing 20
(TIF). What are associated liabilities? Mr. Featherstone was advised to address the council when 21
agenda item 6B is discussed. 22
Roger Scheunemann, 7865 4th Av, has questions about the comprehensive plan update. For those 23
people who are getting rezoned, why couldn’t they have been notified earlier? Mayor Rafferty 24
thanked him for the comments and noted the upcoming Planning and Zoning public hearing. 25
SETTING THE AGENDA 26
The agenda was approved as presented. 27
SPECIAL PRESENTATION 28
- Promotion to Police Sergeant: Matt Carlson and Dan Thill 29
- Promotion to Fire Lieutenant: Brian Gustafson and Paul Kartman 30
- Lino Lakes Ambassadors – Introduction of 2022-2023 Ambassadors 31
- State of the District Presentation, Jeff Holmberg, Superintendent - Centennial School 32
District 33
CONSENT AGENDA 34
Councilmember Cavegn moved to approve the Consent Agenda, Items 1A through 1D as presented. 35
Councilmember Lyden seconded the motion. Motion carried on a voice vote. 36
37
ITEM ACTION 38
Consideration of Expenditures: 39
COUNCIL MINUTES
DRAFT
2
A) Consider Approval of Expenditures for October 10, 2022 40
(Check No. 117274 through 117365) in the Amount of 41
$740,401.77 Approved 42
B) Consider Approval of September 26, 2022 Council 43
Work Session Minutes Approved 44
C) Consider Approval of September 26, 2022 Council 45
Minutes Approved 46
D) Consider Approval of LG220 Exempt Gambling Permit for 47
St. Joseph’s of the Lakes Annual Scholarship Raffle Approved 48
FINANCE DEPARTMENT REPORT 49
There was no report from the Finance Department. 50
ADMINISTRATION DEPARTMENT REPORT 51
There was no report from the Administration Department. 52
PUBLIC SAFETY DEPARTMENT REPORT 53
4A) Consider 1st Reading of Ordinance No. 03-22, Enacting Ordinance Chapter 619 54
Regulating Edible Cannabinoid Products – Public Safety Director Swenson reviewed his written 55
staff report recommending regulations in the City on edible cannabinoid products. A recent law 56
change came as something of a surprise to most cities and some cities (including Lino Lakes) imposed 57
a moratorium on licensing. Staff is now presenting an ordinance that would add a new chapter to the 58
City Code on this subject. The ordinance is aligned with how the City regulates off-sale liquor. 59
Councilmember Lyden thanked staff for their work in putting this together. 60
Councilmember Lyden moved to approved the first reading of Ordinance No. 03-22 as presented. 61
Councilmember Ruhland seconded the motion. Motion carried on a voice vote. 62
PUBLIC SERVICES DEPARTMENT REPORT 63
There was no report from the Public Services Department. 64
COMMUNITY DEVELOPMENT REPORT 65
6A) Consider Resolution No. 22-125, Approving Record of Decision, Robinson Farms, 66
EAW– Community Development Director Grochala explained the Environmental Assessment 67
Worksheet process and the City’s role. The City has responded to questions received through the 68
process; that information is included in the report. The Environmental Board reviewed this at their 69
last meeting and some additional comments were received. The finding is that no additional 70
findings are required. The Environmental Board has recommended approval of the record of 71
decision. 72
Alison Harwood of WSB & Associates reported further on the contents of the EAW. She reviewed a 73
presentation that outlined the process and provided information on additional comments received. 74
75
Councilmember Lyden said he has read the report. He isn’t making a recommendation. He asked 76
staff for a scaled down version of how this would rank for an EIS requirement. Staff responded that, 77
based on the study, there is not a need to do an EIS. 78
COUNCIL MINUTES
DRAFT
3
Randy Rennaker, 379 Carl Street, recommended that the council actually review the Environmental 79
Board meeting recording. He suggests that it was a difficult decision for that group. He is 80
concerned as a resident: that there are chemicals that have been used on the land for years and for the 81
Carl Street connection (please keep the neighborhood the way it is). 82
Carol Featherstone, 631 Andall Street, mentioned that the council wants good communities in the 83
City. The people who moved to the Carl Street area moved there for its rural nature. She feels the 84
council supports the developers more than the residents. She thinks an environmental review is 85
necessary. Listen to the people please. 86
Councilmember Lyden said he knows there is great concern about Carl Street. In his mind, there 87
isn’t a right to destroy one neighborhood to develop another. 88
Councilmember Stoesz moved to approve Resolution No. 22-125 as presented. Councilmember 89
Ruhland seconded the motion. Motion carried on a voice vote. 90
6B) Public Hearing, Consider Resolution No. 22-126, Approving Tax Increment Financing 91
Plan for District 1-14– Community Development Director Grochala reviewed his written staff report 92
that included information on a proposed tax increment district for a development proposed by Ryan 93
and Companies (area indicated on a map and in staff report). He reviewed elements of the proposal 94
and benefits that it would bring. The City has evaluated the request of the developer for tax 95
increment assistance with the help of financial advisor Baker Tilly. A recommendation comes 96
forward for total assistance of $3.4 million. It was noted that the both the county and the school 97
district will have the opportunity to comment. 98
Scott Featherstone, 631Andall Street, asked about the City’s liability if the project isn’t finished. He 99
also noted that he sees few benefits that the facility would bring, including the number of jobs for the 100
community. Mayor Rafferty asked staff for an estimation of job creation and staff responded that is 101
not known at this point but some data related to the size of the facility is upwards of 250 jobs; more 102
data will become evident as the development moves on. 103
Community Development Director Grochala noted the pay-as-you-go nature of the tax increment, 104
meaning the City will not reimburse the developer unless they meet certain requirements. 105
Councilmember Lyden remarked that he’s all about creating good areas; will there be some outside 106
employee facilities included. 107
Councilmember Lyden moved to approve Resolution No. 22-126 as presented. Councilmember 108
Cavegn seconded the motion. Motion carried on a voice vote. 109
6C) 601 Apollo Drive Retail: i.) Consider 1st Reading of Ordinance No. 04-22, Marketplace 110
PDO Amendment #3 to Ordinance No. 03-05; ii) Consider Resolution No. 22-115 Approving 111
Marketplace PDO Amendment #3 for Site & Building Plans; iii) Consider Resolution No. 22-116 112
Approving Site Improvement Performance Agreement - – City Planner Larsen reviewed a 113
presentation that included information on: 114
- Amendment process to change land use for the site to allow for dental clinic, coffee shop and 115
ATM; 116
- Part of Marketplace Master Plan (detail design details); 117
- Site Plan – including details; 118
- Architectural Details; 119
- Planning and Zoning recommendation for approval (with two additions); 120
COUNCIL MINUTES
DRAFT
4
- Findings of Fact and Actions Requested of Council. 121
Councilmember Stoesz asked if there is a pull forward area for the drive through and Ms. Larsen 122
noted ample parking to provide for that. 123
Councilmember Lyden said he’d like to see a better way to exit by car. He’s happy to see the 124
garbage moved. Staff will review the parking and flow again. 125
Councilmember Ruhland said he disagrees on the suggestion for a right out; he feels it could be 126
unsafe entering onto a busy road. 127
Councilmember Ruhland moved to approve the first reading of Ordinance No. 04-22. 128
Councilmember Lyden seconded the motion. Motion was adopted upon a voice vote. 129
Councilmember Ruhland moved to approve Resolution No. 22-115 and Resolution No. 22-116 as 130
presented. Councilmember Cavegn seconded the motion. Motion carried on a voice vote. 131
6D) Consider Resolution No. 22-122, Approving 2023 Anoka County Residential Recycling 132
Program Agreement– Environmental Coordinator Nelson reviewed his written report outlining the 133
availability of recycling funding through Anoka County, the activities that the funding can support for 134
the City and the staff recommendation to enter an agreement to receive the funds. 135
Councilmember Cavegn moved to approve Resolution No. 22-122 as presented. Councilmember 136
Ruhland seconded the motion. Motion carried on a voice vote. 137
6E) Consider Resolution No. 22-123, Approving Anoka County Agreement for Organics 138
Enclosure – Environmental Coordinator Nelson reviewed the staff request that the City enter an 139
agreement to receive funds from Anoka County to construct an enclosure at Sunrise Park for organics 140
recycling. The organic recycling program is growing and this will accommodate growth. 141
Councilmember Cavegn moved to approve Resolution No. 22-123 as presented. Councilmember 142
Ruhland seconded the motion. Motion carried on a voice vote. 143
6F) Public Hearing, Consider Resolution No. 22-127, Approving Amended and Restated 144
Street Reconstruction Plan– Community Development Director Grochala noted that staff is 145
requesting an amendment to add a street reconstruction project in 2023. Due to cost underruns and 146
remaining contingency and since the funds are restricted for street use, staff is making the 147
recommendation to add Pheasant Run to the plan. This street is in poor condition and has older 148
sewer and water and fits into the budget. 149
The public hearing was opened. There being no one present wishing to speak, the public hearing 150
was closed. 151
Councilmember Lyden moved to approve Resolution No. 22-127 as presented. Councilmember 152
Ruhland seconded the motion. Motion carried on a voice vote. 153
6G) 2022 I35E Pipe Crossing Project: i. Consider Resolution No. 22-120, Accepting bids, 154
Awarding a Construction Contract; ii. Consider Resolution No. 22-121, Approving 155
Construction Services Contract with WSB & Associates– City Engineer Hankee reviewed her 156
written staff report in detail. 157
Councilmember Stoesz asked if there will be any permit challenges and Ms. Hankee said she believes 158
permitting is in place. 159
Councilmember Ruhland moved to approve Resolution No. 22-120 and Resolution No. 22-121 as 160
presented. Councilmember Cavegn seconded the motion. Motion carried on a voice vote. 161
COUNCIL MINUTES
DRAFT
5
6H) Consider Approval of Resolution No. 22-117, Adopting Assessments, 2022 Individual 162
Properties– Kelsey Gelhar, WSB & Associates, reviewed her written staff report. The 163
recommended assessments are for properties where owners have signed off and are petitioning the 164
council to proceed. 165
Councilmember Ruhland moved to approve Resolution No. 22-117 as presented. Councilmember 166
Stoesz seconded the motion. Motion carried on a voice vote. 167
6I) Consider Approval of Resolution No. 22-118, Adopting Assessments, Butler Addition – 168
Kelsey Gelhar, WSB & Associates, reviewed her written staff report. The recommended assessment 169
is for work included in a project. 170
Councilmember Lyden moved to approve Resolution No. 22-118 as presented. Councilmember 171
Cavegn seconded the motion. Motion carried on a voice vote. 172
6J) Consider Approval of Resolution No. 22-119, Adopting Assessments, Watermark 5th 173
Addition - Kelsey Gelhar, WSB & Associates, reviewed her written staff report. The recommended 174
assessment are the Watermark 5th Addition. 175
Councilmember Stoesz noted that the interest rate is noted at 5% and the City Administrator 176
confirmed that staff is comfortable with that figure. 177
Councilmember Cavegn moved to approve Resolution No. 22-119 as presented. Councilmember 178
Ruhland seconded the motion. Motion carried on a voice vote. 179
UNFINISHED BUSINESS 180
There was no Unfinished Business. 181
182
NEW BUSINESS 183
There was no New Business. 184
185
COMMUNITY EVENTS 186
Booya, Saturday, October 15, 2022, 11:00 AM - 6:00 PM, Lino Lakes American Legion Post 566, 187
7731 Lake Drive 188
COMMUNITY CALENDAR 189
Community Calendar – A Look Ahead 190
October 10, 2022 through October 24, 2022 191
Wednesday, October 12 6:30 pm, Council Chambers Planning & Zoning Board 192
Wednesday, October 19 6:00 pm, Community Room Joint Council/P&Z Meeting 193
Monday, October 24 6:00 pm, Community Room Council Work Session 194
Monday, October 24 6:30 pm, Council Chambers City Council Meeting 195
196
ADJOURN 197
198
There being no further business, Councilmember Ruhland moved to adjourn at 8:21 p.m. 199
Councilmember Stoesz seconded the motion. Motion carried on a voice vote. 200
201
The Economic Development Authority meeting followed the Regular City Council meeting. 202
203
COUNCIL MINUTES
DRAFT
6
204
These minutes were considered and approved at the regular Council Meeting on October 24, 2022. 205
206
207
208
209
Julianne Bartell, City Clerk Rob Rafferty, Mayor 210
211
CITY COUNCIL
AGENDA ITEM 2A
STAFF ORIGINATOR: Hannah Lynch, Finance Director
MEETING DATE: October 24, 2022
TOPIC: 1st Reading of Ordinance No. 07-22, Establishing the 2023 City
Fee Schedule
VOTE REQUIRED: 3/5
INTRODUCTION
The City Council is being asked to approve the first reading of Ordinance No. 07-22, Establishing
the 2023 City Fee Schedule.
BACKGROUND
In order to provide for a more efficient and timely method of reviewing and adjusting the various
fees charged by the City, fees are consolidated into one schedule to be reviewed and adopted on
an annual basis. The City’s current fee schedule has been circulated to department directors with
a request to update or amend the schedule as appropriate for 2023. Staff has reviewed the fees
in place to ensure their ongoing equity and cost recovery ability.
Ordinance No. 07-22 (the proposed 2023 Fee Schedule) is attached. Recommended amendments
to the ordinance are printed in red. Fees with proposed changes include:
• Civic Complex Room Reservations
• Field Rental
• Water & Sewer Utility Rates
• Trunk Utility Connection
• Lateral Service Connection
• Surface Water Management
• Zoning Confirmation Letter
• Park Dedication
The 2023 Fee Schedule Ordinance is presented for council review and first reading. Second
reading of the ordinance is planned for the next regular council meeting on November 14, 2022.
RECOMMENDATION
Approve the first reading of Ordinance No. 07-22, Establishing the 2023 City Fee Schedule.
ATTACHMENTS
Ordinance No. 07-22
1st Reading: Publication:
October 24, 2022 November 22, 2022
2nd Reading: Effective:
November 14, 2022 January 1, 2023
The City of Lino Lakes City Council does ordain the following:
ALCOHOLIC BEVERAGES
3.2 Beer Investigation (Initial Application Only) 267.75$ 1 or 2
471.75$ 3+
3.2 Beer Off-Sale 200.00$ /Year
3.2 Beer On-Sale 300.00$ /Year
3.2 Beer On-Sale Temporary 50.00$ Plus $5.00/Day
Club License 300.00$ /Year
Liquor License Investigation (Initial Application Only) 267.75$ 1 or 2
471.75$ 3+
Liquor License On-Sale 4,500.00$ /Year
Liquor License Off-Sale 200.00$ /Year
Liquor Temporary Permit 50.00$
Wine License Investigation (Initial Application Only) 267.75$ 1 or 2
471.75$ 3+
Wine License 500.00$ /Year
Sunday Liquor 200.00$ /Year
On-Sale Brewer Taproom 500.00$ /Year
Off-Sale Growler 200.00$ /Year
City of Lino Lakes
Ordinance No. 07-22
An Ordinance Adopting the 2023 City of Lino Lakes Fee Schedule and Providing for the Issuance of
Licenses, Permits and Collection of Fees Thereof; Repeals All Ordinances, Parts of Ordinances and
Previous Fee Schedules that Conflict Therewith.
Section 1. Findings. Pursuant to Minnesota Law, the Lino Lakes City Charter, and the Lino Lakes City Code,
and upon a review of a study conducted by City Staff, a fee schedule for City services and licensing is hereby
adopted as follows:
2023 FEE SCHEDULE
AMUESMENT & COMMERCIAL RECREATION
Cabaret License 35.00$
Dances 200.00$ /Year
Gambling Permit Application 10.00$
BUSINESS & MISCELLANEOUS
Assessment Search Fee 20.00$ /Search
Background Check Fee 35.00$ /Background
Burning Permit 50.00$
Dog Kennel - Private 20.00$ /Year
Dog Kennel – Commercial 105.00$ /Year
Dog License Male/Female 11.00$ Not Spayed or Neutered
6.00$ Spayed or Neutered
Cannabinoid License Investigation (Initial Application Only) 267.75$ 1 or 2
471.75$ 3+
Cannabinoid License 200.00$ /Year
Copies: Per Page -$ /Page (1-10 Pages)
0.25$ /Page (11-100 Pages)
Actual Cost 100+ Pages
Copies: New Resident Labels 5.00$ /Month Flat Fee
Copies: Large Scale (>11”x17”) 0.50$ /Square Foot
City Charter -$ First Copy
10.00$ Each Additional Copy
City Code Book 75.00$
City Map 2.50$
Comp. Plan 55.00$
CD or DVD 7.00$
Election Filing Fee 5.00$
Fax Charge -$ 1-10 Pages
0.25$ /Page 11+ Pages
Garbage Hauler License 100.00$ First Truck
45.00$ Each Additional Truck
Lawn Sprinkling Violation 25.00$ First Violation
50.00$ Each Subsequent Citation
Overweight Permit 50.00$
Pawn Shop Class A 10,000.00$
Pawn Shop Class B 7,000.00$
Class A Secondhand Goods Dealer 720.00$
Class B Secondhand Goods Dealer 105.00$
Class C Secondhand Goods Dealer -$ No Fee
Massage Therapist License (Individual) 50.00$ Annually
Therapeutic Massage Business License 200.00$ Annually
Pawn Shop Investigation 15,400.00$ Deposit on Costs
Pawn Shop In-State Investigation 765.00$
Pawn Shop Out-State Investigation 20,400.00$
Peddler, Solicitor, Transient Merchant 250.00$ /6 Months
Rental Housing License (Annual) 69.00$ 1 or 2 Units plus $15.00/Unit
for 3 or More Units (fee
to be reduced by 50% if
issued less than six months
from expiration date)
Rental License Re-Inspection Fee 69.00$
Return Check Charge 30.00$
Special Event Permit 50.00$
Tobacco License 50.00$
Weed & Mowing Violation 150.00$ First Hour
75.00$ Each Additional Hour
Additional Admin Fee 100.00$ 2nd Offense in Calendar Yr
200.00$ 3rd and Each Additional
Offense in Calendar Yr
Non-Payment Certification Fee 30.00$
Zoning Maps 5.00$ Large or Colored
Zoning Ordinance 25.00$
FIRE REGULATIONS
Annual Permit for Sale of Consumer Fireworks 350.00$ Exclusive Retail Seller
100.00$ In Conjunction with Existing
Retail Store
POLICE FEES
Copy of Report -$ To Subject of Data up to 3
Pages
1.00$ 4th Page
0.25$ /Page 5-100 Pages
Copy of Report – Mail In 4.00$ Up to 4 Pages
0.25$ /Page Thereafter
Vehicle Lockouts -$ No Fee
Clearance Letter 15.00$
Fingerprinting 15.00$ By Appointment
Photographs 25.00$ Plus Developing Costs
Digital Photographs 25.00$ Up to 16gb Flash Drive
Other Digital Documentation/Video 25.00$ Up to 16gb Flash Drive
False Alarms -$ /Alarm (1-3) in Calendar Yr
52.50$ /Alarm (4-10) in Calendar Yr
105.00$ /Alarm (11+) in Calendar Yr
Vehicle Forfeiture Fee 100.00$ /Vehicle
Dangerous Dog Registration 255.00$ /Year
PARK & RECREATION USER FEES RENTALS & RESERVATIONS
Civic Complex Room Reservations
Non-Residents & Businesses - Up to 4 Hours 100.00$
Non-Residents & Businesses - Up to 8 Hours 200.00$
Field Rental - Resident Only
Baseball/Softball Drag Only 25.00$ /Evening
20.00$ /Evening
Baseball/Softball Drag & Chalk 50.00$ /Evening
30.00$ /Evening
Soccer (Excluding Youth)65.00$ /Evening
Picnic Shelter Reservation -$ Residents
25.00$ Non-Resident
BUILDING - CONSTRUCTION UTILITES
Building Permit Fee Schedule
Building Permit Fees shall be based on the Fee Table.
Fire Suppression Permit Fee shall be based on Fee Table.
Minimum fee of $69.00 for all permits.
Fee Table
Total Valuation Fee
$1.00 to $1,360.00 $69.00
$1,361.00 to $2,000.00
$2,001.00 to $25,000.00
$25,001.00 to $50,000.00
$50,001.00 to $100,000.00
$100,001.00 to $500,000.00
$500,001.00 to $1,000,000.00
$23.50 for the first $500.00 plus $3.05 for each additional $100.00, or fraction
thereof, to and including $2,000.00. Min. Fee $69.00
$69.25 for the first $2,000.00 plus $14.00 for each additional
$1,000.00, or fraction thereof, to and including $25,000.00
$391.25 for the first $25,000.00 plus $10.10 for each additional
$1,000.00, or fraction thereof, to and including $50,000.00
$643.75 for the first $50,000.00 plus $7.00 for each additional
$1,000.00, or fraction thereof, to and including $100,000.00
$993.75 for the first $100,000.00 plus $5.60 for each additional
$1,000.00, or fraction thereof, to and including $500,000.00
$3,233.75 for the first $500,000.00 plus $4.75 for each additional
$1,000.00, or fraction thereof, to and including $1,000,000.00
$1,000,001.00 and up
Other Inspections and Fees
Work Commencing Before Permit Issuance Double Permit Fee
Erosion Control Inspection Fee
Single, Two-Family, Townhomes up to 8 Units, 160.00$
Multi-Family > 8 Units
Commercial, Industrial, and Institutional Determined by Separate Agreement
Change of Use/Occupancy Inspections 69.00$ /Trip
Inspections Outside of Normal Business Hours 69.00$ /Hour*
Re-Inspection Fee 69.00$ /Trip
Inspections for which no fee is specifically designed 69.00$ /Trip
Additional Plan Review Required by Changes, Additions,
or Revisions 69.00$ /Hour**
For use of outside consultants for plan checking and
inspections, or both Actual Cost***
Plan Review Fee
a. 65% of the Building Permit Fee
b. 25% of the Building Permit Fee for review of similar plans (Master Plan) in a 12
month period
Easement Encroachment Fee County Recording Fee plus $25.00
Antenna, City Owned Property 250.00$ Plus $6,000 Escrow
Antenna, Private Property See Building Fee Table
Accessory Building Permit: 200 sq. ft. or under in size 69.00$
Accessory Building Permit: over 200 sq. ft. in size See Building Fee Table
Fence Permit: 6 feet or under in height 69.00$
Fence Permit: over 6 feet in height See Building Fee Table
Grading Permit 160.00$
Grading Permit Escrow Deposit (if not
included in Dev. Contract) 300.00$
Roofing Permit 106.00$
Siding Permit 106.00$
Swimming Pool Permit 160.00$ In Ground
106.00$ Above Ground
Window/Door Replacement Permit 79.00$ /Unit (max $158.00)
Retaining Wall Permit 69.00$
Mechanical (HVAC) permit: Gas Fireplace 69.00$ Plus $34.50 for Each
Additional Fireplace
Mechanical (HVAC) Permit: Residential 69.00$ Except New Construction
Includes AC/Furnace Combined
Mechanical (HVAC) Fee: New Construction Residential 158.00$ Does Not Include Fireplaces
$5,608.75 for the first $1,000,000.00 plus $3.15 for each additional
$1,000.00, or fraction thereof
Mechanical (HVAC) Permit: Commercial 2% of the Contract Price ($69.00
Minimum Fee)
Manufactured Home Permits 250.00$
Plumbing Permit 11.00$ /Fixture ($69.00 Min. Fee)
Sewer Connection Inspection Fee 200.00$
Water Connection Inspection Fee 250.00$
Contractor License Verification 5.00$ /Permit
Contractor Lead Certification Verification 5.00$ /Permit
Contractor License 50.00$
Metropolitan Council SAC (Sewer Availability Charge)Per Met Council
Water Meter City Cost plus $50.00
MXU Unit City Cost plus $50.00
Water Meter + MXU Unit City Cost plus $50.00
Touch Pad 18.00$
Curb Stop Covers 70.00$
Septic Installation or Repair Permit 250.00$
Septic Pumping Permit 10.00$
Demolition Permit 69.00$
Lawn Sprinkler/Irrigation System Permit 69.00$
Irrigating or Watering of New Landscaping Permit (Sod
or Seed) -$ No Fee
Driveway Replacement Permit 69.00$
Sign Permit: Existing Billboard 85.00$ /Year
Sign Permit: Permanent See Building Fee Table
Sign Permit: Sandwich Board 25.00$
Sign Permit: Temporary (portable/banner) 25.00$ /Term
Storm Pond Aeration Permit 150.00$
All permits issued are subject to applicable State surcharge fees.
* Inspections made outside of normal business hours is a three-hour minimum charge.
**
*** Actual costs include administrative and overhead costs.
Fee Refund – Per applicant request, City staff may refund permit fees up to 80% for voided permits. Plan review
fees and state surcharge fees are non-refundable. No refund shall be provided if permit has expired.
Or the total hourly cost to the jurisdiction, whichever is greatest. This cost shall include supervision,
overhead, equipment, hourly wages, and fringe benefits of the employees involved.
An escrow may be required, as determined by the City Engineer, to cover all costs incurred by the City for plan
revision and construction observation.
ESCROW DEPOSITS
a. Driveway - $1,000.00
b. Exterior Concrete - $1,000.00
c. As-built Surveys - $1,000.00
d. Stucco (final coat only) - $1,000.00
e. Garage Floor - $1,000.00
f. Landscaping - $2,500.00 (landscaping may be escrowed year-round per City Staff)
g. Other – Determined by City staff at a rate of 125% of the actual improvement costs
Escrow deposits will be charged a $100.00 non-refundable administrative fee.
Escrow deposits can be submitted through one of the following procedures:
a.
b.
A partial release, of a multi-item escrow, will be charged a $75.00 non-refundable administrative fee.
RIGHT-OF-WAY MANAGEMENT
Excavation Permit Fees
125.00$
70.00$ /100 Lineal Feet plus Hole Fee
Obstruction Permit Fee
50.00$ Plus $0.05/ Lineal Foot
Permit Extension Fee
Includes administration, recording & review 55.00$
Delay Penalty
60.00$
The title company or lending institution can hold the escrow upon execution of an agreement signed
by both the title company or lending institution and the City.
Hole (includes administration, plan review,
inspection, testing and mapping)
Trench (includes administration, plan review,
inspection, testing & mapping)
Includes administration, recording, review &
inspection
For up to three days of non-completion and non-
prior notice before specified date. After three days
an additional charge of $10.00 per day will be
levied.
Escrow can be paid to the City upon execution of an agreement signed by both the payee and the
City.
In order to obtain a Certificate of Occupancy, escrow deposits shall be collected if exterior work cannot be
completed due to inclement weather, as determined by City Staff, whereupon a Temporary Certificate of
Occupancy would be issued subject to the execution of an escrow agreement and payment thereof. Any
unfinished work must be completed within six months (weather permitting) from the date of issuance. The
following escrow amounts are hereby established:
Degradation Fee
Degradation Fee Formula:
Degradation Fee:
UTILITY FEES
Water Utility Rates
Residential
Base Fee 15.00$ /Quarter/REU*
10.00$ /Quarter/REU*
Consumption Fee
0 - 20,000 Gallons 2.02$ /Thousand Gallons
1.94$ /Thousand Gallons
20,001 - 40,000 Gallons 2.25$ /Thousand Gallons
2.16$ /Thousand Gallons
40,001 - 80,000 Gallons 2.81$ /Thousand Gallons
2.70$ /Thousand Gallons
80,001 - 120,000 Gallons 3.37$ /Thousand Gallons
3.24$ /Thousand Gallons
Over 120,000 Gallons 3.94$ /Thousand Gallons
3.79$ /Thousand Gallons
Non-Residential
Base Fee 15.00$ /Quarter/REU*
10.00$ /Quarter/REU*
Consumption Fee
0 - 20,000 Gallons 2.02$ /Thousand Gallons
1.94$ /Thousand Gallons
20,001 - 40,000 Gallons 2.25$ /Thousand Gallons
2.16$ /Thousand Gallons
Over 40,000 Gallons 2.54$ /Thousand Gallons
2.44$ /Thousand Gallons
This formula covers degradation for depreciation caused by intrusion into the right-of-
way. The depreciation applies to the original surface of the right-of-way and to the
overlays and seal-coats applied to the surface. The formula includes life expectancy
schedules for each and has an estimated cost per square yard based on the quality of the
right-of-way surface required for different levels of traffic. This formula creates a
degradation fee which is determined by the cost per square yard for street, overlay, and
seal-coat, multiplied by the depreciation schedule, multiplied by the area of the street
patch.
(cost per square yard for street overlay and seal-coat x depreciation schedule rates) x area
of street patch = degradation fee
Non-Residential Irrigation**
Consumption Fee
0 - 40,000 Gallons 2.81$ /Thousand Gallons
2.70$ /Thousand Gallons
40,001 - 80,000 Gallons 3.37$ /Thousand Gallons
3.24$ /Thousand Gallons
Over 80,000 Gallons 3.95$ /Thousand Gallons
3.80$ /Thousand Gallons
*REU = a residential equivalent connection:
1. Residential - a single housing unit
2. Non-Residential - per Met Council Service Availability Charge Procedures Manual
**Non-Residential users with irrigation systems that do not have a separate irrigation meter
will be charged at residential rates until such time that a separate irrigation meter is installed
and inspected.
Sewer Utility Rates
Metered Sewer
Base Fee 58.52$ /Quarter/REU*
57.09$ /Quarter/REU*
Consumption Fee
Over 10,000 Gallons (based
on winter average)1.12$ /Thousand Gallons
1.10$ /Thousand Gallons
Flat Sewer 69.02$ /Quarter/REU*
67.34$ /Quarter/REU*
*REU = a residential equivalent connection:
1. Residential - a single housing unit
2. Non-Residential - per Met Council Service Availability Charge Procedures Manual
Storm Water Utility Rates
Quarterly Base Rate
Residential Fee 12.00$ /Parcel
Non-Residential Fee 175.00$ /Acre of Impervious ($12.00
minimum)
Late Penalty 10% of Unpaid Balance, Assessed per
Billing Cycle
Non-Payment Certification Fee 30.00$
Meter Testing (Our Cost, Delivered to Minneapolis) 100.00$ 5/8" - 3/4" Meter Test
150.00$ 1" Meter Test
250.00$ 1-1/2" - 2" Meter Test
Water Meter Rental 600.00$ Deposit
25.00$ /Month
Additional Accessories 25.00$ /Month
Water Usage Fee 5.00$ /Thousand Gallons
Water Use Violation 25.00$ 1st Violation
50.00$ 2nd and Subsequent Violations
Trunk Charge
Sanitary Sewer 1,695.00$ /Unit
1,630.00$ /Unit
Water 2,435.00$ /Unit
2,341.00$ /Unit
Availability Charge
City Sewer (CSAC)1,586.00$ /SAC Unit
1,525.00$ /SAC Unit
City Water (CWAC)1,532.00$ /SAC Unit
1,473.00$ /SAC Unit
The Lateral Service Connection Fee shall be in addition to the City Trunk Utility Connection Fees.
Lateral Service Connection Fees
If the lot or tract of land, or portion thereof, to be served by a lateral connection has not been
assessed for the cost of construction, then the applicant shall pay, upon hook-up, a lateral connection
in accordance with Resolution No. 02-149 (Bisel Amendment) based on the following front foot
charges:
City Trunk Utility Connection Fees - the Trunk Utility Connection Fee consists of two components: a Trunk
Charge and an Availability Charge.
The trunk charge shall be paid at the time of subdivision approval or at the time of hook-up,
whichever is first. Residential trunk charges are based on one unit per dwelling unit.
Commercial/Industrial/Institutional (CII) trunk charges are based on a factor of 2.92 units per acre.
For residential properties, the availability charge shall be paid at the time of subdivision approval or
at the time of hook-up, whichever is first. Commercial/Industrial/Institutional availability charges
shall be paid at the time of building permit. Fees are based on the number of sanitary access charge
(SAC) units assigned by Metropolitan Council Environmental Services (MCES). Residential uses
shall be assigned one unit per dwelling unit unless otherwise noted by MCES.
Sanitary Sewer 75.30$ /Front Foot
72.40$ /Front Foot
Watermain 71.20$ /Front Foot
68.50$ /Front Foot
REU = a residential equivalent connection:
1. Residential – a single housing unit
2. Non-Residential REU = per Met Council Service Availability Charge Procedures
Manual
Surface Water Management
Fee Charge per Acre
of Development
Fee Charge per Acre
of Development
CULVERT PRICES
All culvert prices are based on market prices and include tax & delivery and 15% administration fee.
LAND USE
Fees
Alternative Urban Area-wide Review (I-35E AUAR) 300.00$ /Acre
$7,731.00 $10,397.00 $11,516.00
Fees are based on developable land in accordance with the policy provisions established in Resolution No. 92-
70. Credits may be earned for sub-watershed trunk improvements.
To be charged at the time of land use approval for
projects within the I-35E Corridor AUAR area that
require preliminary plats; conditional use permits;
site and building plans; and planned unit
developments. Once paid, the same land will not be
charged again.
$7,434.00 $9,997.00 $11,073.00
Vacant Buildings: Owners of a commercial/industrial building(s) connected to City water and/or sewer utilities
that are vacant due to business closures or other reasons may apply to have the number of billed REU’s reduced
to one (1) REU for purposes of calculating utility fees effective from the date the building(s) were vacated for as
long as the building(s) remain unoccupied. When the building(s) again becomes occupied the owner must inform
the City of such occupation, at which time the number of REU’s will be determined and utility fees assessed
according to the current fee structure. (Ordinance No. 06-13, passed 8-26-13)
Single/Two Family
Lots
Multi Family
Lots
Commercial/Industrial/
Institutional Property
Administrative Permit 69.00$
Zoning Confirmation Letter 50.00$
30.00$
Escrow Deposits (Application Fee Required With Each Submittal)
Application Fee 200.00$
Comprehensive Plan Amendment 3,000.00$ 40 Acres or Less
5,000.00$ Over 40 Acres
Conditional Use Permit 1,000.00$ Residential/Rural
7,500.00$ Commercial/Industrial/
Institutional
Environmental Assessment Worksheet 10,000.00$
Interim Use Permit 7,500.00$
Ordinance Amendment
Map Amendment (Rezone) 1,500.00$ 40 Acres or Less
5,000.00$ Over 40 Acres
Text Amendment 1,500.00$
Planned Unit Development 3,000.00$ General Concept Plan
12,500.00$ Development Stage Plan
7,500.00$ Final Plan
Site Plan Review 7,500.00$
Subdivision
Concept Plan Review 1,500.00$
Minor Subdivision 3,000.00$
Preliminary Plat 5,000.00$ Less than 5 Acres
7,500.00$ 5-40 Acres
12,500.00$ Over 40 Acres
Final Plat 1,500.00$ Less than 5 Acres
5,000.00$ 5-40 Acres
7,500.00$ Over 40 Acres
Vacation (Street, Utility, Drainage) 1,500.00$
Variance or appeal 750.00$
(no fee for Transient Merchant if issued
by City Clerk)
An escrow account shall be established as indicated above to cover all expenses incurred by the City as part of
the plan review. In the case of applications including multiple requests the highest escrow deposit amount will
be the only one initially required. The applicant is responsible for all costs incurred by the City during plan
review. If the escrow account drops below 10% of the original deposit amount the City will require the
submittal of an additional escrow deposit sufficient to cover any anticipated expenses. Upon City determination
that the project is complete or expired, the City will return the remaining escrow deposit to the applicant.
DEVELOPMENT FEES
GIS Mapping Fee 90.00$ /Lot
Park Dedication
2,600.00$ /Acre
2,520.00$ /Acre
Residential 3,300.00$ /Unit
3,160.00$ /Unit
Tree Preservation Mitigation Fee 485.00$ /Tree
Street Lighting Operation Fee (New Development) 120.00$
ECONOMIC DEVELOPMENT ASSISTANCE
Tax Increment Financing or Tax Abatement 10,000.00$ Escrow Deposit
Tax Exempt Financing 2,500.00$
STAFF TIME
LATE FEE
Adopted by the Lino Lakes City Council this 14th day of November, 2022.
The following voted against same:
Rob Rafferty, Mayor
ATTEST:
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:
Staff time for chargeable event/projects shall be charged as the employee’s hourly rate of pay plus benefits plus
calculated overhead costs (when applicable). Overtime will be charged at 1.5 times the calculated hourly rate.
Late penalty fee: a late charge of 10% or $25.00, whichever is greater, will be charged for fees not paid when
due.
Section 2. Effective Date of Ordinance. This ordinance shall be in force and effect from and after its passage
and publication according to the Lino Lakes City Charter.
Commercial/Industrial/Assisted-Living/Skilled
Nursing
/Light ($8/mo/light x 15
months)
Application Fee, plus 1%
Administration Fee
Julianne Bartell, City Clerk
CITY COUNCIL
AGENDA ITEM 4A
STAFF ORIGINATOR: John Swenson, Public Safety Director
MEETING DATE: October 24, 2022
TOPIC: Consider 2nd 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 2nd 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 ordinance 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.
The first reading of this ordinance took place on October 10, 2022. If approved, this ordinance
will be published for 30 days starting on November 1, 2022 and will be effective on December 1,
2022.
RECOMMENDATION
Staff recommends the adoption of Ordinance No. 03-22 with the following actions:
1. Dispense with the full reading of the ordinance;
2. Roll call vote for adoption of the ordinance.
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 OF LINO LAKES
RESOLUTION NO. 22-133
APPROVING A SUMMARY OF ORDINANCE NO. 03-22
FOR PUBLICATION
WHEREAS, the City Council approved Ordinance No. 03-22, Adding a new chapter to the Lino
Lakes Code of Ordinances Entitled Cannabinoid Products, for first reading on October 10, 2021
and second reading and final passage on October 24, 2022; and
WHEREAS, Ordinance No.03-22 is lengthy and MN Statute No. 412.191 allows the city to
publish a summary of an ordinance, and
WHEREAS, the City Council has determined that the summary clearly informs the public of the
intent and effect of the ordinance, and
WHEREAS, the publication in the official newspaper will include a notice that a full printed
copy of the ordinance is available at City Hall;
NOW, THEREFORE, BE IT FURTHER RESOLVED by The City Council of The City of
Lino Lakes, Minnesota:
That the City Council approves the summary in Attachment A for publication according to state
law and the City Charter.
Adopted by the Council of the City of Lino Lakes this 24th 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
ATTACHMENT A, RESOLUTION 22-133
CITY OF LINO LAKES
SUMMARY OF ORDINANCE NO. 03-22
AN ORDINANCE REGULATING CANNABINOID PRODUCTS BY ADDING A NEW
CHAPTER 619 TO THE LINO LAKES CODE OF ORDINANCES ENTITLED
CANNABINOID PRODUCTS; AMENDING CHAPTER 601 RELATING TO
CRIMINAL HISTORY LICENSE BACKGROUND INVESTIGATIONS; AMENDING
THE 2018 CITY FEE SCHEDULE
The City of Lino Lakes City Council does ordain the following:
Section 1. New Chapter. Adding Chapter 619 to the Lino Lakes Code of Ordinances
that regulates cannabinoid products including an annual licensing process, conditions governing
issuance of a license, restrictions on licenses, an inspection process, compliance checks,
violations and penalties and grounds for license suspension or revocation.
Section 2. Background Investigations. Amending Section 601.05, subdivision 2, to
authorize the Lino Lakes Police Department to perform criminal history license background
investigations for license applicants.
Section 3. Fee Schedule. Establishing an annual license fee for cannabinoid product
sales.
Passed by the Lino Lakes City Council on October 24, 2022.
This is a summary of the adopted ordinance. A full printed copy of the ordinance is available at
City Hall.
CITY COUNCIL
AGENDA ITEM 6A
STAFF ORIGINATOR: Michael Grochala, Community Development Director
MEETING DATE: October 24, 2022
TOPIC: Public Hearing. Consider Resolution No. 22-132, Adopting
Assessment Role, 2022 Weed Abatement Charges
VOTE REQUIRED: 3/5
INTRODUCTION
Staff is requesting City Council consideration to adopt the assessment role for weed abatement
charges payable in 2022.
BACKGROUND
City Code Section 904 declares weeds or grass growing in excess of eight inches in height to be
a public nuisance. Property owners in violation of this requirement are notified and provided
an opportunity to cure the nuisance. If the violation is not addressed within a specified period
of time, City staff and/or private contractors are directed to abate the nuisance. The cost of
abatement is charged to the property owner. In the event that the property owner fails to pay
the costs incurred, the City may certify the charges against the property for collection with
property taxes as a special assessment.
Minnesota Statues § 429.101 provides for the special assessment of certain services including
weed elimination from properties. Special Assessments levied under this statute are subject to the
procedural requirements of M.S. § 429.061 which requires the determination of the costs to be
assessed and a public hearing to adopt the assessments.
There are three properties proposed to be assessed for costs incurred in 2022. The total amount
to be assessed is $1418.75. The amount charged is based on staff time for completing the work
and administrative costs.
The property owners were notified by mail in accordance with the law.
RECOMMENDATION
Staff recommends approval of Resolution No. 22-132.
ATTACHMENTS
1. Resolution No. 22-132
CITY OF LINO LAKES
RESOLUTION NO. 22-132
RESOLUTION ADOPTING ASSESSMENT
2022 WEED ABATEMENT CHARGES
WHEREAS, pursuant to City Code Section 904, any weeds or grass growing upon any lot or
parcel of land in the City of Lino Lakes to a greater height than eight (8”), or which have gone or
about to go to seed are declared to be a nuisance; and
WHEREAS, certain property owners in noncompliance with such code requirements were notified
and provided the opportunity to comply with such provisions; and
WHEREAS, upon failure of the property owner to comply with the provisions of said notice, the
City Weed Inspector ordered the abatement of such nuisance, in accordance with the City Code
Section 904, and charged the property owner thereof for expenses incurred by the City; and
WHEREAS, certain properties are delinquent in the payment of such Weed Abatement charges;
and
WHEREAS, pursuant to proper notice duly given as required by law, the council has met and
heard and passed upon all objections to the proposed assessment of Weed Abatement Charges.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes,
Minnesota:
1. Such proposed assessment, a copy of which is attached hereto and made a part hereof as
Exhibit A, 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
one year, the first of the installments to be payable on or before the first Monday in January 2023,
and shall bear interest at the rate of 5 percent 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, 2023.
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 he/she 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 Council of the City of Lino Lakes this 24th 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
Exhibit A
2022 Weed Abatement Assessment Role
Total Amount to be Assessed
Legal Property Address Amount
PIN Description City/State/Zip Assessed
31-31-22-11-0020 LOT 20 ARTHUR E THOM ACRES NO 2 6352 Hodgson Road, Lino Lakes MN 55014 $180.00
30-31-22-24-0024 LOT 4 BLK 3 RICE LAKE ESTATES SUBJ TO EASE OF REC 6663 Blue Heron Drive, Lino Lakes MN 55014 733.75$
19-31-22-24-0068 LOT 20 BLK 2 SUNRISE MEADOWS; SUBJ TO EASE OF REC 135 Ulmer Drive, Lino Lakes MN 55014 505.00$
Total $1,418.75
CITY COUNCIL
AGENDA ITEM 6B
STAFF ORIGINATOR: Diane Hankee, City Engineer
MEETING DATE: October 24, 2022
TOPIC: Consider Resolution 22-124, Authorize the Preparation of
Plans and Specs, 2023 Street Rehabilitation Project
VOTE REQUIRED: 3/5
INTRODUCTION
Staff is requesting Council authorization to prepare plans and specifications for the 2023 Street
Rehabilitation Project.
BACKGROUND
The 2023 Street Rehabilitation Project is generated from the City’s Pavement Management
Program and associated Capital Improvement Plan. The Pavement Management Program evaluates
the condition of the roadways and provides recommendations for maintenance for the City’s entire
network of roadways. The proposed improvements included in the 2023 Street Rehabilitation
Project are:
Full Depth Reclamation (approximately 0.25 miles) – Black Duck Drive (from 200 ft north
of Crystal Court to the cul-de-sac).
Mill and Overlay (approximately 1.29 miles) – Black Duck Drive (from 100 ft south of East
Shadow Lake Drive to 200 ft north of Crystal Court), Crystal Court, Mallard Lane, East
Shadow Lake Drive (from Black Duck Drive to the cul-de-sac (excluding the recently
reconstructed intersection of East Shadow Lake Drive at Lantern Lane), Lantern Lane,
Lantern Circle, and Partridge Place.
Within the mill and overlay and full depth reclamation areas, gate valves will be replaced if they
have not been previously repaired. Black Duck Drive south of the East Shadow Lake Drive
intersection is planned to be overlaid in 2024. Part of Black Duck Drive and Black Duck Circle
have 6-inch diameter water main, which likely has saddled services. Saddled services of this age
and material have historically been corroded. Thus, we plan to include a few service repair
investigations in the 2023 project scope to prepare for the 2024 project.
WSB & Associates has submitted a proposal to complete the topographic survey, plans and
specifications, and provide bid documents for the 2023 Street Rehabilitation Project for a total not
to exceed the amount of $55,058.00.
The estimated total project cost is $1,219,000.00. Funding for the project is expected to be from
the Pavement Management Fund and Water Operating Fund.
The project schedule:
Authorize Preparation of Plans and Specifications October 24, 2022
Order Improvement, Approve Plans and Specs, Authorize Ad for Bids December 12, 2022
City Opens Bids January 26, 2023
City Council Awards Contract February 13, 2023
Construction Begins April-May, 2023
Final Completion August 31, 2023
RECOMMENDATION
Staff is recommending approval of Resolution No. 22-124, Authorizing the Preparation of Plans
and Specifications, 2023 Street Rehabilitation Project.
ATTACHMENTS
1. Resolution No. 22-124
2. Project Location Map
3. WSB & Associates Proposal
CITY OF LINO LAKES
RESOLUTION NO. 22-124
RESOLUTION AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS
FOR THE 2023 STREET REHABLITATION
WHEREAS, the City Council finds that it would be in the best interest of the City to proceed with
the preparation of plans and specifications for the 2023 Street Rehabilitation Project:
Full Depth Reclamation (approximately 0.25 miles) – Black Duck Drive (from 200 ft
north of Crystal Court to the cul-de-sac).
Mill and Overlay (approximately 1.29 miles) – Black Duck Drive (from 100 ft south of
East Shadow Lake Drive to 200 ft north of Crystal Court), Crystal Court, Mallard Lane,
East Shadow Lake Drive (from Black Duck Drive to the cul-de-sac (excluding the recently
reconstructed intersection of East Shadow Lake Drive at Lantern Lane), Lantern Lane,
Lantern Circle, and Partridge Place.
WHEREAS, WSB, the City Engineer, has submitted a proposal to prepare plans and
specifications.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Lino Lakes:
1. Authorizes the Preparation of the Plans and Specifications for the 2023 Street
Rehabilitation Project.
2. WSB is designated as the engineer for this improvement and directed to prepare plans
and specifications for the 2023 Street Rehabilitation Project for an amount not to
exceed $55,058.00.
Adopted by the Council of the City of Lino Lakes this 24th 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
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2023 Street Rehabilitation Project
\\metro-inet\linolakes\Shared\Community Development\Projects\Capital Improvement Projects\2023 Street Rehabilitation
(Blackduck)\Staff Reports\20221024 CC Authorize Plans & Specs\4. 2023 Street Rehab - Design Proposal.docx 701 XENIA AVENUE S | SUITE 300 | MINNEAPOLIS, MN | 55416 | 763.541.4800 | WSBENG.COM October 19, 2022
City of Lino Lakes
Mr. Michael Grochala
600 Town Center Parkway
Lino Lakes, MN 55014
Re: Proposal to Complete 2023 Street Rehabilitation Project Construction Plans
and Specifications
Dear Mr. Grochala:
WSB and Associates is providing this proposal for the design and bidding services for
the 2023 Street Rehabilitation Project. The local streets designated for rehabilitation
were determined by their OCI ratings established in the City’s Pavement Management
Study. A summary of the project scope is described as follows:
Full Depth Reclamation (approximately 0.25 miles) – Black Duck Drive (from 200 ft
north of Crystal Court to the cul-de-sac).
Mill and Overlay (approximately 1.29 miles) – Black Duck Drive (from 100 ft south of
East Shadow Lake Drive to 200 ft north of Crystal Court), Crystal Court, Mallard
Lane, East Shadow Lake Drive (from Black Duck Drive to the cul-de-sac (excluding
the recently reconstructed intersection of East Shadow Lake Drive at Lantern
Lane), Lantern Lane, Lantern Circle, and Partridge Place.
Project scope also includes curb and gutter replacement as necessary, gate valve
replacement, and water service condition reviews. Based on the project scope, WSB
would perform the following tasks:
I. Prepare Final Project Plans
Final construction plans will be prepared indicating the project locations
and plan view sheets for the areas to be reclaimed or milled and overlaid.
Surveyed topographic information will be used to prepare the construction
plans. Base drawing information will include GSOC design locates, curb
inspection, city parcel map information and record plans.
II. Final Quantities
An Engineer’s Opinion of Probable Cost will be completed with the final
construction plans.
III. Prepare Permits, Specifications and Bidding Documents
WSB will assist the City in preparing permit application(s) and/or approval
requests and will assist the City with submitting the applications/approval
requests to the appropriate regulatory agencies.
\\metro-inet\linolakes\Shared\Community Development\Projects\Capital Improvement Projects\2023 Street Rehabilitation
(Blackduck)\Staff Reports\20221024 CC Authorize Plans & Specs\4. 2023 Street Rehab - Design Proposal.docx
WSB will develop the final project plans and specifications based on the
agency review comments. This task will include an internal
constructability review of the final plans, quantities, and specifications.
Upon completion of permitting, and agency review and approval, a final
set of construction documents will be prepared for electronic bidding.
WSB will assemble and submit the final contract documents, either paper
or electronic copies, to the City and request authorization to advertise the
project for bidding. WSB will receive and respond to bidder inquiries
concerning the plans, specifications, and intent of the project. Logs of all
inquiries will be kept and maintained to document inquiries. WSB will
perform the project bid opening on behalf of the City.
The engineering fee to complete the design of the 2023 Street Rehabilitation
Project is $55,058.00 (not to exceed). This letter represents our understanding of the
2023 Street Rehabilitation Project and the proposed scope of services. If you are in
agreement with the scope of services and proposed fee, please sign in the appropriate
space below and return one copy to us.
WSB & Associates, Inc. will provide a separate proposal to the City for construction
services once the final plans are completed and the project is bid.
If you have any questions about this proposal, please feel free to call me at 612-360-
1278.
Sincerely,
WSB & Associates, Inc.
Mark Erichson
Mark Erichson Brian Bourassa
Director Client Representative
ACCEPTANCE:
The City of Lino Lakes hereby accepts the WSB proposal of $55,058.00 for all services
outlined in this letter.
City of Lino Lakes
Name
Title
Date
CITY COUNCIL
AGENDA ITEM 6C
STAFF ORIGINATOR: Diane Hankee, City Engineer
MEETING DATE: October 24, 2022
TOPIC: Consider Resolution No. 22-128, Approving Payment No. 12 and
Final, 2021 Street Improvement Projects
VOTE REQUIRED: 3/5
INTRODUCTION
Staff is requesting council action to finalize the 2021 Street Improvement Projects construction
contract with T.A. Schifsky & Sons, Inc.
BACKGROUND
On February 8, 2021, the City Council awarded the bid for the 2021 Street Improvement
Projects to T.A. Schifsky & Sons, Inc. in the amount of $2,180,005.23. The projects included:
Street Reconstruction -
Full Depth Reclamation, spot subgrade repairs, and culvert replacements:
• 4th Avenue between Main Street and Pine Street
• Joyer Lane between Birch Street and Karth Road
• Karth Road between Joyer Lane and the cul-de-sac
• Talle Lane between Karth Road and Canfield Road
• Canfield Road between Talle Lane and Gaage Lane
• Gaage Lane between Canfield Road and Birch Street
Street Rehabilitation -
Full Depth Reclamation, spot curb and gutter, storm sewer repairs, and watermain and water
service repairs :
• Forsham Lake Drive between Lake Drive and Stage Coach Trail
• Stage Coach Trail from the cul-de-sac to approximately 1,400 feet north
• Post Road between Stage Coach Trail and Stage Coach Trail
Bituminous Overlay –
• Oak Lane
• Knoll Drive
• James Street
On June 28, 2021, the City Council approved Change Order #1 in the amount of $248,215.42,
increasing the contract amount to $2,428,220.65. The change order included work for
additional service work in the Street Rehabilitation area of the project as water services were
corroded and in need of repair.
The project was successfully completed with the final contract amount of $2,061,527.45 of
which $81,653.72 remains to be paid to the contractor. The project is $366,693.20 under
budget. This project is funded through the Pavement Management Fund, State Aid funds,
Street Reconstruction Bonds, and the Water Operating Fund.
RECOMMENDATION
Approve Resolution No. 22-128, Approving Payment No. 12 and Final, 2021 Street
Improvement Projects in the amount of $81,653.72 to T.A. Schifsky & Sons, Inc.
ATTACHMENTS
1. Resolution 22-128
2. Pay Request No. 12 & Final
CITY OF LINO LAKES
RESOLUTION NO. 22-128
APPROVING PAYMENT NO. 12 AND FINAL FOR THE 2021 STREET
IMPROVEMENT PROJECTS
WHEREAS, pursuant to resolution 21-07 of the Council adopted February 8th, 2021, awarding
the contract for the 2021 Street Improvement Projects to T.A. Schifsky & Sons, Inc. in the amount
of $2,180,005.23; and
WHEREAS, on June 28, 2021, the City Council approved Change Order #1 in the amount of
$248,215.42, increasing the contract amount to $2,428,220.65. The change order included work
for additional service work in the Street Rehabilitation area of the project as water services were
corroded and in need of repair.
WHEREAS, a complete summary of costs are detailed in Payment No. 12 (Final);
NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes that Payment
Request No. 12 (Final) is approved for a final contract amount of $2,061,527.45.
Adopted by the Council of the City of Lino Lakes this 24th 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
2021 Street Improvement Projects Final Pay Voucher 12
Page 1 of 10
Client: City of Lino Lakes Contractor: T. A. Schifsky & Sons, Inc.
600 Town Center Parkway 2370 East Hwy. 36
Lino Lakes, MN 55014-1182 North St. Paul, MN 55109
Contract Amount Funds Encumbered
Original Contract $2,180,005.23 Original $2,180,005.23
Contract Changes $248,215.42 Additional N/A
Revised Contract $2,428,220.65 Total $2,180,005.23
Work Certified To Date
Base Bid Items $1,813,312.03
Contract Changes $248,215.42
Material On Hand $0.00
Total $2,061,527.45
Work Certified
This Voucher
Work Certified
To Date
Less Amount
Retained
Less Previous
Payments
Amount Paid
This Voucher
Total Amount
Paid To Date
$41,248.14 $2,061,527.45 $0.00 $1,979,873.73 $81,653.72 $2,061,527.45
Percent Retained: 0% Percent Complete: 84.9%
FINAL PAY VOUCHER
I hereby certify that a Final Examination has been made of the noted Contract, that the Contract has been completed, that the entire
amount of Work Shown in this Final Voucher has been performed and the Total Value of the Work Performed in accordance with, and
pursuant to, the terms of the Contract is as shown in this Final Voucher.
Approved By WSB Approved By T. A. Schifsky & Sons, Inc.
Signature Signature
Date Date
Approved By City of Lino Lakes
Signature
Date
WSB Project No.: 017006-000
Client Project No.:
State Project No.: S.A.P. 210-103-003
Federal Project No.:
10.6.2022October 7, 2022
2021 Street Improvement Projects Final Pay Voucher 12
Page 2 of 10
Payment Summary
No. Up Through Date Work Certified
Per Voucher
Amount Retained
Per Voucher
Amount Paid
Per Voucher
1 05/11/2021 $107,226.58 $5,361.33 $101,865.25
2 06/01/2021 $317,747.53 $15,887.38 $301,860.15
3 06/14/2021 $194,103.42 $9,705.17 $184,398.25
4 06/28/2021 $282,271.75 $14,113.58 $268,158.17
5 07/26/2021 $316,943.30 $15,847.17 $301,096.13
6 08/09/2021 $199,049.54 $9,952.48 $189,097.06
7 08/27/2021 $321,709.03 $16,085.45 $305,623.58
8 09/13/2021 $162,065.44 $8,103.27 $153,962.17
9 09/28/2021 $75,930.03 $3,796.50 $72,133.53
10 11/30/2021 $35,672.70 $1,783.64 $33,889.06
11 02/07/2022 $7,560.00 ($60,230.38) $67,790.38
12 10/05/2022 $41,248.13 ($40,405.59) $81,653.72
Funding Category Name Work Certified
To Date
Less Amount
Retained
Less Previous
Payments
Amount Paid
This Voucher
Total Amount Paid
To Date
Local $1,733,275.96 $0.00 $1,666,224.44 $67,051.52 $1,733,275.96
S.A.P. 210-103-003 $328,251.49 $0.00 $313,649.29 $14,602.20 $328,251.49
Accounting
Number Funding Source Amount Paid
This Voucher
Revised Contract
Amount
Funds
Encumbered
To Date
Paid Contractor
To Date
1 Local $67,051.52 $2,035,139.14 $1,786,923.72 $1,733,275.96
2 State $14,602.20 $393,081.51 $393,081.51 $328,251.49
Contract Item Status
Line
No. Item Description Unit Unit Price Contract
Quantity
Quantity
This
Voucher
Amount This
Voucher
Quantity
To Date Amount To Date
1 2021.501
/00010 MOBILIZATION LS $25,000.00 1 0 $0.00 1 $25,000.00
2 2101.524
/00040 CLEARING TREE $500.00 3 0 $0.00 0 $0.00
3 2101.524
/00050 GRUBBING TREE $500.00 3 0 $0.00 0 $0.00
4 2104.503
/00195
SAWING CONCRETE PAVEMENT
(FULL DEPTH) L F $5.00 60 0 $0.00 37 $185.00
5 2104.503
/00205
SAWING BIT PAVEMENT (FULL
DEPTH) L F $5.00 400 0 $0.00 204 $1,020.00
6 2104.503
/00255 REMOVE PIPE CULVERTS L F $3.90 885 0 $0.00 666 $2,597.40
7 2104.503
/01340 SALVAGE RETAINING WALL L F $10.00 30 0 $0.00 32.5 $325.00
8 2104.504
/00080
REMOVE CONCRETE DRIVEWAY
PAVEMENT S Y $9.00 121 0 $0.00 89.55 $805.95
9 2104.504
/00110
REMOVE BITUMINOUS DRIVEWAY
PAVEMENT S Y $6.00 712 0 $0.00 508.06 $3,048.36
10 2104.504
/00120 REMOVE BITUMINOUS PAVEMENT S Y $6.00 20 0 $0.00 0 $0.00
11 2105.504
/00035 GEOTEXTILE FABRIC TYPE 5 S Y $2.50 550 0 $0.00 0 $0.00
2021 Street Improvement Projects Final Pay Voucher 12
Page 3 of 10
Contract Item Status
Line
No. Item Description Unit Unit Price Contract
Quantity
Quantity
This
Voucher
Amount This
Voucher
Quantity
To Date Amount To Date
12 2105.601
/00015 DEWATERING LS $0.01 1 0 $0.00 0 $0.00
13 2105.601
/00030 SITE GRADING LS $4,500.00 1 0 $0.00 1 $4,500.00
14 2105.604
/00060 GEOGRID S Y $6.00 550 0 $0.00 0 $0.00
15 2106.507
/00010 EXCAVATION - COMMON (P) C Y $18.00 639 383.4 $6,901.20 383.4 $6,901.20
16 2106.507
/00040 EXCAVATION - SUBGRADE C Y $35.00 1909 0 $0.00 100 $3,500.00
17 2106.507
/00080
SELECT GRANULAR EMBANKMENT
(CV) C Y $5.00 1909 0 $0.00 100 $500.00
18 2106.507
/00130 COMMON EMBANKMENT (CV) C Y $10.00 350 0 $0.00 0 $0.00
19 2112.519
/00010 SUBGRADE PREPARATION RDST $500.00 3.1 0 $0.00 1 $500.00
20 2123.610
/00370 SKID LOADER HOUR $125.00 10 0 $0.00 0 $0.00
21 2123.610
/00410
STREET SWEEPER (WITH PICKUP
BROOM) HOUR $0.01 75 10 $0.10 10 $0.10
22 2130.523
/00010 WATER MGAL $35.00 75 20 $700.00 20 $700.00
23 2211.507
/00100 AGGREGATE BASE (CV) CLASS 2 C Y $55.00 60 0 $0.00 40.4 $2,222.00
24 2211.509
/00070 AGGREGATE BASE CLASS 5 TON $18.00 2021 0 $0.00 356.31 $6,413.58
25 2215.504
/00010 FULL DEPTH RECLAMATION S Y $3.25 14646 0 $0.00 14646 $47,599.50
26 2357.506
/00010
BITUMINOUS MATERIAL FOR TACK
COAT GAL $0.01 667 0 $0.00 600 $6.00
27 2360.504
/MSS02
TYPE SP 9.5 WEAR CRS MIX (2,C)
3.0" THICK S Y $28.00 775 0 $0.00 718.11 $20,107.08
28 2360.509
/12300
TYPE SP 9.5 WEARING COURSE
MIX (2,C) TON $65.50 1242 0 $0.00 1214.42 $79,544.51
29 2360.509
/22305
TYPE SP 12.5 NON WEAR COURSE
MIX (2,C) TON $63.30 2484 0 $0.00 2330.82 $147,540.91
30 2501.502
/01012 12" CS PIPE APRON EACH $459.21 34 0 $0.00 46 $21,123.66
31 2501.502
/05018 18" RC PIPE APRON EACH $1,624.36 2 0 $0.00 2 $3,248.72
32 2501.503
/12012 12" CS PIPE CULVERT L F $51.17 520 0 $0.00 701 $35,870.17
33 2501.503
/13185 18" RC PIPE CULVERT CLASS V L F $82.71 44 0 $0.00 32 $2,646.72
2021 Street Improvement Projects Final Pay Voucher 12
Page 4 of 10
Contract Item Status
Line
No. Item Description Unit Unit Price Contract
Quantity
Quantity
This
Voucher
Amount This
Voucher
Quantity
To Date Amount To Date
34 2501.602
/60018
TRASH GUARD FOR 18" PIPE
APRON EACH $556.74 2 0 $0.00 2 $1,113.48
35 2504.602
/ar1 IRRIGATION SYSTEM REPAIR EACH $0.01 8 0 $0.00 0 $0.00
36 2531.504
/00060
6" CONCRETE DRIVEWAY
PAVEMENT S Y $79.56 121 0 $0.00 84.3 $6,706.91
37 2540.602
/M7905 TEMPORARY MAIL BOX EACH $50.00 24 0 $0.00 29 $1,450.00
38 2557.602
/M7906 REPAIR DOG FENCE EACH $0.01 8 0 $0.00 0 $0.00
39 2563.601
/00010 TRAFFIC CONTROL LS $12,000.00 1 0.05 $600.00 1 $12,000.00
40 2573.501
/00025 STABILIZED CONSTRUCTION EXIT LS $1,000.00 1 0 $0.00 0.5 $500.00
41 2573.503
/00023 SILT FENCE, TYPE MS L F $2.00 3554 0 $0.00 4102 $8,204.00
42 2573.503
/00061
SEDIMENT CONTROL LOG TYPE
WOOD FIBER L F $3.50 1777 0 $0.00 3375 $11,812.50
43 2574.507
/00100 COMMON TOPSOIL BORROW C Y $36.40 200 0 $0.00 522 $19,000.80
44 2575.504
/00011 SODDING TYPE LAWN S Y $12.48 542 0 $0.00 150 $1,872.00
45 2575.505
/00021 SEEDING ACRE $10,067.20 1.2 0 $0.00 1.673 $16,842.43
46 2575.508
/25151 SEED MIXTURE 25-151 LB $4.17 135 0 $0.00 250 $1,042.50
47 2021.501
/00010 MOBILIZATION LS $35,000.00 1 0 $0.00 1 $35,000.00
48 2101.505
/00020 CLEARING ACRE $5,000.00 0.5 0 $0.00 0.677 $3,385.00
49 2101.505
/00030 GRUBBING ACRE $5,000.00 0.5 0 $0.00 0.5 $2,500.00
50 2104.503
/00195
SAWING CONCRETE PAVEMENT
(FULL DEPTH) L F $5.00 102 0 $0.00 76 $380.00
51 2104.503
/00205
SAWING BIT PAVEMENT (FULL
DEPTH) L F $5.00 381 0 $0.00 379 $1,895.00
52 2104.503
/00255 REMOVE PIPE CULVERTS L F $3.90 254 0 $0.00 284 $1,107.60
53 2104.504
/00080
REMOVE CONCRETE DRIVEWAY
PAVEMENT S Y $10.00 186 0 $0.00 129.66 $1,296.60
54 2104.504
/00110
REMOVE BITUMINOUS DRIVEWAY
PAVEMENT S Y $8.00 757 0 $0.00 420.39 $3,363.12
55 2104.504
/00120 REMOVE BITUMINOUS PAVEMENT S Y $10.00 20 0 $0.00 100 $1,000.00
2021 Street Improvement Projects Final Pay Voucher 12
Page 5 of 10
Contract Item Status
Line
No. Item Description Unit Unit Price Contract
Quantity
Quantity
This
Voucher
Amount This
Voucher
Quantity
To Date Amount To Date
56 2105.504
/00035 GEOTEXTILE FABRIC TYPE 5 S Y $1.65 6886 0 $0.00 0 $0.00
57 2105.601
/00030 SITE GRADING LS $4,500.00 1 0 $0.00 1 $4,500.00
58 2106.507
/00010 EXCAVATION - COMMON (P) C Y $18.00 1200 436 $7,848.00 720 $12,960.00
59 2106.507
/00040 EXCAVATION - SUBGRADE C Y $35.00 1300 0 $0.00 0 $0.00
60 2106.507
/00080
SELECT GRANULAR EMBANKMENT
(CV) C Y $5.00 1300 0 $0.00 0 $0.00
61 2106.507
/00130 COMMON EMBANKMENT (CV) C Y $10.00 250 0 $0.00 0 $0.00
62 2112.519
/00010 SUBGRADE PREPARATION RDST $250.00 20 0 $0.00 11.93784 $2,984.46
63 2123.610
/00370 SKID LOADER HOUR $125.00 10 15 $1,875.00 16.1676 $2,020.95
64 2123.610
/00410
STREET SWEEPER (WITH PICKUP
BROOM) HOUR $0.01 75 0 $0.00 29 $0.29
65 2130.523
/00010 WATER MGAL $35.00 75 0 $0.00 35.9 $1,256.50
66 2211.507
/00100 AGGREGATE BASE (CV) CLASS 2 C Y $50.00 25 0 $0.00 0 $0.00
67 2211.509
/00070 AGGREGATE BASE CLASS 5 TON $18.00 2847 0 $0.00 657.92 $11,842.56
68 2215.504
/00010 FULL DEPTH RECLAMATION S Y $3.25 22953 0 $0.00 22953 $74,597.25
69 2357.506
/00010
BITUMINOUS MATERIAL FOR TACK
COAT GAL $0.01 1044 0 $0.00 950 $9.50
70 2360.504
/MSS02
TYPE SP 9.5 WEAR CRS MIX (2,C)
3.0" THICK S Y $28.00 757 0 $0.00 612.39 $17,146.92
71 2360.509
/12300
TYPE SP 9.5 WEARING COURSE
MIX (2,C) TON $67.50 1946 0 $0.00 1780.64 $120,193.20
72 2360.509
/22305
TYPE SP 12.5 NON WEAR COURSE
MIX (2,C) TON $65.00 3891 0 $0.00 3515.32 $228,495.80
73 2501.502
/05015 15" RC PIPE APRON EACH $1,071.19 10 0 $0.00 6 $6,427.14
74 2501.502
/05018 18" RC PIPE APRON EACH $1,151.09 2 0 $0.00 4 $4,604.36
75 2501.503
/13155 15" RC PIPE CULVERT CLASS V L F $72.38 224 0 $0.00 144 $10,422.72
76 2501.503
/13185 18" RC PIPE CULVERT CLASS V L F $72.88 64 0 $0.00 96 $6,996.48
77 2501.602
/60015
TRASH GUARD FOR 15" PIPE
APRON EACH $488.68 10 0 $0.00 6 $2,932.08
2021 Street Improvement Projects Final Pay Voucher 12
Page 6 of 10
Contract Item Status
Line
No. Item Description Unit Unit Price Contract
Quantity
Quantity
This
Voucher
Amount This
Voucher
Quantity
To Date Amount To Date
78 2501.602
/60018
TRASH GUARD FOR 18" PIPE
APRON EACH $530.74 2 0 $0.00 4 $2,122.96
79 2503.503
/19155 15" RC PIPE SEWER DES 3006 CL V L F $61.98 532 0 $0.00 561 $34,770.78
80 2504.602
/ar1 IRRIGATION SYSTEM REPAIR EACH $0.01 10 0 $0.00 28 $0.28
81 2506.503
/02420
CONST DRAINAGE STRUCTURE
DES 48-4020 L F $598.57 16 0 $0.00 17.9 $10,714.40
82 2511.507
/00014 RANDOM RIPRAP CLASS III C Y $40.56 64 0 $0.00 53.85 $2,184.16
83 2531.503
/02315
CONCRETE CURB & GUTTER
DESIGN B618 L F $46.80 50 0 $0.00 75 $3,510.00
84 2531.504
/00060
6" CONCRETE DRIVEWAY
PAVEMENT S Y $79.56 186 0 $0.00 116.86 $9,297.38
85 2535.503
/00010 BITUMINOUS CURB L F $3.00 2300 0 $0.00 1177 $3,531.00
86 2540.602
/00145 MAIL BOX EACH $50.00 5 0 $0.00 0 $0.00
87 2540.602
/00150 MAIL BOX SUPPORT EACH $100.00 5 0 $0.00 0 $0.00
88 2540.602
/M7905 TEMPORARY MAIL BOX EACH $50.00 31 0 $0.00 31 $1,550.00
89 2557.602
/M7906 REPAIR DOG FENCE EACH $0.01 10 0 $0.00 0 $0.00
90 2563.601
/00010 TRAFFIC CONTROL LS $10,000.00 1 0.05 $500.00 1 $10,000.00
91 2573.503
/00023 SILT FENCE, TYPE MS L F $2.00 6106 0 $0.00 0 $0.00
92 2573.503
/00061
SEDIMENT CONTROL LOG TYPE
WOOD FIBER L F $3.50 3053 0 $0.00 3720 $13,020.00
93 2574.507
/00100 COMMON TOPSOIL BORROW C Y $36.40 250 19 $691.60 551 $20,056.40
94 2575.504
/00011 SODDING TYPE LAWN S Y $12.48 1357 0 $0.00 1265.7 $15,795.94
95 2575.505
/00021 SEEDING ACRE $10,067.20 1.5 0.04 $402.69 1.22 $12,281.98
96 2575.508
/25151 SEED MIXTURE 25-151 LB $4.16 169 0 $0.00 150 $624.00
97 2021.501
/00010 MOBILIZATION LS $18,000.00 1 0 $0.00 1 $18,000.00
98 2104.502
/00820 REMOVE CASTING EACH $50.00 17 19 $950.00 19 $950.00
99 2104.503
/00195
SAWING CONCRETE PAVEMENT
(FULL DEPTH) L F $5.00 594 0 $0.00 0 $0.00
2021 Street Improvement Projects Final Pay Voucher 12
Page 7 of 10
Contract Item Status
Line
No. Item Description Unit Unit Price Contract
Quantity
Quantity
This
Voucher
Amount This
Voucher
Quantity
To Date Amount To Date
100 2104.503
/00205
SAWING BIT PAVEMENT (FULL
DEPTH) L F $5.00 727 700 $3,500.00 700 $3,500.00
101 2104.503
/00315 REMOVE CURB & GUTTER L F $8.00 950 0 $0.00 1642 $13,136.00
102 2104.504
/00080
REMOVE CONCRETE DRIVEWAY
PAVEMENT S Y $10.00 89 0 $0.00 0 $0.00
103 2104.504
/00110
REMOVE BITUMINOUS DRIVEWAY
PAVEMENT S Y $10.00 89 0 $0.00 118.33 $1,183.30
104 2104.504
/00120 REMOVE BITUMINOUS PAVEMENT S Y $10.00 45 0 $0.00 0 $0.00
105 2104.518
/00100 REMOVE BITUMINOUS WALK S F $1.50 360 0 $0.00 840 $1,260.00
106 2106.507
/00010 EXCAVATION - COMMON (P) C Y $18.00 251 150.6 $2,710.80 150.6 $2,710.80
107 2106.507
/00040 EXCAVATION - SUBGRADE C Y $35.00 376 0 $0.00 0 $0.00
108 2106.507
/00080
SELECT GRANULAR EMBANKMENT
(CV) C Y $5.00 376 0 $0.00 0 $0.00
109 2123.610
/00370 SKID LOADER HOUR $125.00 10 0 $0.00 2 $250.00
110 2123.610
/00410
STREET SWEEPER (WITH PICKUP
BROOM) HOUR $125.00 10 7 $875.00 7 $875.00
111 2130.523
/00010 WATER MGAL $35.00 10 16.25 $568.75 16.25 $568.75
112 2211.509
/00070 AGGREGATE BASE CLASS 5 TON $25.00 466 0 $0.00 302.4 $7,560.00
113 2215.504
/00010 FULL DEPTH RECLAMATION S Y $3.25 12381 0 $0.00 12381 $40,238.25
114 2331.603
/00070 JOINT ADHESIVE L F $0.70 6720 0 $0.00 6851 $4,795.70
115 2357.506
/00010
BITUMINOUS MATERIAL FOR TACK
COAT GAL $0.01 563 0 $0.00 400 $4.00
116 2360.504
/MSS02
TYPE SP 9.5 WEAR CRS MIX (2,C)
3.0" THICK S Y $28.00 89 0 $0.00 151.33 $4,237.24
117 2360.509
/12300
TYPE SP 9.5 WEARING COURSE
MIX (2,C) TON $68.50 1050 0 $0.00 915.13 $62,686.41
118 2360.509
/22305
TYPE SP 12.5 NON WEAR COURSE
MIX (2,C) TON $66.00 2099 0 $0.00 1871.91 $123,546.06
119 2506.502
/06020 ADJUST FRAME & RING CASTING EACH $675.00 17 19 $12,825.00 19 $12,825.00
120 2506.602
/06360 REPAIR CATCH BASINS EACH $833.05 6 0 $0.00 9 $7,497.45
121 2506.602
/M7857 CHIMNEY SEAL EACH $190.00 17 0 $0.00 19 $3,610.00
2021 Street Improvement Projects Final Pay Voucher 12
Page 8 of 10
Contract Item Status
Line
No. Item Description Unit Unit Price Contract
Quantity
Quantity
This
Voucher
Amount This
Voucher
Quantity
To Date Amount To Date
122 2506.602
/10000 CASTING ASSEMBLY (SANITARY) EACH $325.00 17 0 $0.00 23 $7,475.00
123 2521.518
/00060 6" CONCRETE WALK S F $14.04 360 0 $0.00 344.5 $4,836.78
124 2531.504
/00060
6" CONCRETE DRIVEWAY
PAVEMENT S Y $79.56 89 0 $0.00 8.78 $698.54
125 2531.602 ADJUST CONCRETE CURB &
GUTTER EACH $83.20 150 0 $0.00 0 $0.00
126 2531.603
/MSS01
CONCRETE CURB & GUTTER DES
SURMOUNTABLE L F $23.56 950 0 $0.00 1642 $38,685.52
127 2531.618
/00010 TRUNCATED DOMES S F $62.40 76 0 $0.00 64 $3,993.60
128 2540.602
/M7905 TEMPORARY MAIL BOX EACH $50.00 10 0 $0.00 0 $0.00
129 2557.602
/M7906 REPAIR DOG FENCE EACH $0.10 10 0 $0.00 2 $0.20
130 2563.601
/00010 TRAFFIC CONTROL LS $6,000.00 1 0.05 $300.00 1 $6,000.00
131 2573.502
/00110 STORM DRAIN INLET PROTECTION EACH $125.00 18 0 $0.00 18 $2,250.00
132 2573.503
/00023 SILT FENCE, TYPE MS L F $2.25 840 0 $0.00 0 $0.00
133 2573.503
/00061
SEDIMENT CONTROL LOG TYPE
WOOD FIBER L F $3.50 840 0 $0.00 0 $0.00
134 2574.507
/00100 COMMON TOPSOIL BORROW C Y $36.40 150 0 $0.00 134 $4,877.60
135 2575.504
/00011 SODDING TYPE LAWN S Y $14.56 420 0 $0.00 816.44 $11,887.37
136 2504.602
/00002 WATER SERVICE SYSTEM EACH $2,774.10 10 0 $0.00 10 $27,741.00
137 2504.603
/01005
BOLT & VALVE BOX REPLACEMENT
- VALVE EACH $3,103.28 9 0 $0.00 8 $24,826.24
138 2504.603
/01006
BOLT & VALVE BOX REPLACEMENT
- HYDRANT & HYDRANT VALVE EACH $3,788.31 9 0 $0.00 9 $34,094.79
139 2021.501
/00010 MOBILIZATION LS $4,000.00 1 0 $0.00 1 $4,000.00
140 2232.604
/00470
MILL BITUMINOUS PAVEMENT
(SPECIAL) S Y $6.00 750 0 $0.00 430 $2,580.00
141 2357.506
/00010
BITUMINOUS MATERIAL FOR TACK
COAT GAL $2.00 1376 0 $0.00 600 $1,200.00
142 2360.509
/10100
TYPE SP 9.5 BIT MIXTURE FOR
PATCHING TON $90.00 123 0 $0.00 129.65 $11,668.50
143 2360.509
/12200
TYPE SP 9.5 WEARING COURSE
MIX (2,B) TON $62.00 1497 0 $0.00 1198.83 $74,327.46
2021 Street Improvement Projects Final Pay Voucher 12
Page 9 of 10
Contract Item Status
Line
No. Item Description Unit Unit Price Contract
Quantity
Quantity
This
Voucher
Amount This
Voucher
Quantity
To Date Amount To Date
144 2021.501
/00010 MOBILIZATION LS $3,000.00 1 0 $0.00 1 $3,000.00
145 2232.604
/00470
MILL BITUMINOUS PAVEMENT
(SPECIAL) S Y $6.00 250 0 $0.00 207 $1,242.00
146 2357.506
/00010
BITUMINOUS MATERIAL FOR TACK
COAT GAL $2.00 790 0 $0.00 400 $800.00
147 2360.509
/10100
TYPE SP 9.5 BIT MIXTURE FOR
PATCHING TON $95.00 71 0 $0.00 25 $2,375.00
148 2360.509
/12200
TYPE SP 9.5 WEARING COURSE
MIX (2,B) TON $62.00 875 0 $0.00 678.89 $42,091.18
Bid Totals: $41,248.14 $1,813,312.03
Project Category Totals
Category Amount This Voucher Amount To Date
BID ALTERNATE 1 - OAK NEIGHBORHOOD OVERLAY SURFACE
IMPROVEMENTS $0.00 $93,775.96
BID ALTERNATE 2 - JAMES STREET OVERLAY SURFACE IMPROVEMENTS $0.00 $49,508.18
SCHEDULE A. 4TH AVENUE SURFACE IMPROVEMENTS $8,201.30 $496,450.48
SCHEDULE B. KARTH NEIGHBORHOOD SURFACE IMPROVEMENTS $11,317.29 $696,776.81
SCHEDULE C. STAGE COACH NEIGHBORHOOD SURFACE
IMPROVEMENTS $21,729.55 $390,138.57
SCHEDULE D. WATERMAIN IMPROVEMENTS $0.00 $86,662.03
Contract Change Item Status
CC CC
No.
Line
No. Item Description Units Unit Price Contract
Quantity
Quantity
This
Voucher
Amount This
Voucher
Quantity
To Date Amount To Date
CO 1 149 2021.501
/00010 MOBILIZATION LS $7,500.00 1 0 $0.00 1 $7,500.00
CO 1 150 2504.602
/00004
INSTALL WATER SERVICE
SYSTEM EACH $3,051.51 44 0 $0.00 44 $134,266.44
CO 1 151 2504.602
/00806 6" GATE VALVE & BOX EACH $5,083.49 2 0 $0.00 2 $10,166.98
CO 1 152 2215.507
/00010
HAUL FULL DEPTH
RECLAMATION (LV) C Y $18.00 5349 0 $0.00 5349 $96,282.00
Contract Change Totals: $0.00 $248,215.42
Contract Change Totals
No. Contract
Change Description Amount This
Voucher
Amount To
Date
1 CO
In accordance with the terms of this Contract, you are herby authorized
and instructed to perform the work as altered by the following
provisions.
The Engineer in concurrence with the City of Lino lakes, have agreed
that all of the water service saddles need replacing due to the
deteriorated conditions of the materials. Due to this work, the pavement
reclamation will now be stockpiled onsite in the cul-de-sacs to avoid
$0.00 $248,215.42
2021 Street Improvement Projects Final Pay Voucher 12
Page 10 of 10
Contract Change Totals
No. Contract
Change Description Amount This
Voucher
Amount To
Date
contamination from the underneath soil that will be piled up during
watermain work. It has also been decided that increasing the aggregate
base section to 7.5" is favorable to help prolong the life expectancy of
the roadway. Excavation of 3"-5" to the existing sand section is now
necessary to accommodate the new increased aggregate base section.
Included in the work, the Contractor shall provide 1400 CY of reclaim
material to the Tower Park location.
The Engineer in concurrence with the City of Lino lakes, have agreed
that adding in two 6" gate valves is necessary to help control watermain
shut down areas.
This work will be considered "Contract Revisions" as provided for
Specification 1402. Payment for this work will be a contract prices and
negotiated prices.
Material On Hand Additions
Line
No. Item Description Date Added Comments
Material On Hand Balance
Line
No. Item Description Date Added Used Remaining
CITY COUNCIL
AGENDA ITEM 6D
STAFF ORIGINATOR: Diane Hankee, PE City Engineer
MEETING DATE: October 24, 2022
TOPIC: Consider Resolution 22-131, Requesting Anoka County
Conduct a Speed Study on County State Aid Highway 34
(Birch Street)
VOTE REQUIRED: 3/5
INTRODUCTION
Staff is requesting Council approve the resolution to request that Anoka County conduct a speed
study on County State Aid Highway 34 (Birch Street) from County State Aid Highway 49
(Hodgson Road) to Old Birch Street.
BACKGROUND
Anoka County reconstructed Birch Street from Hokah Drive to Birch Court in 2021. As part of the
process, and after construction, it is recommended to complete a speed study especially with the
installation of roundabouts. Staff recently discussed a speed study for this location with Anoka
County staff and they supported and encouraged the study. In addition, staff has received a couple
phone calls with concerns over the speeds in portions of this corridor.
RECOMMENDATION
Staff is recommending approval of Resolution No. 22-131, Requesting Anoka County Conduct a
Speed Study on County State Aid Highway 34 (Birch Street).
ATTACHMENTS
1. Resolution No. 22-131
2. Project Location Map
CITY OF LINO LAKES
RESOLUTION NO. 22-131
RESOLUTION REQUESTING ANOKA COUNTY CONDUCT A SPEED STUDY ON
COUNTY STATE AID HIGHWAY 34 (BIRCH STREET) FROM COUNTY STATE
AID HIGHWAY 49 (HODGSON ROAD) TO OLD BIRCH STREET
WHEREAS, Anoka County reconstructed County State Aid Highway 34 (Birch Street) from
Hokah Drive to Birch Court in 2021 and installed roundabouts at Tomahawk Trail and West
Shadow Lake Drive.
WHEREAS, the City finds it in the best interest to complete the speed study on County State Aid
Highway 34 (Birch Street) from County State Aid Highway 49 (Hodgson Road) to Old Birch
Street.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lino Lakes
hereby requests that Anoka County conduct a speed study to account for the proposed
improvements on County State Aid Highway 34 (Birch Street).
Adopted by the Council of the City of Lino Lakes this 24th 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
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1
CITY COUNCIL
AGENDA ITEM 6E
STAFF ORIGINATOR: Katie Larsen, City Planner
MEETING DATE: October 24, 2022
TOPIC: Belland Farms Second Addition
i. Consider Resolution No. 22-129 Approving Final Plat
ii. Consider Resolution No. 22-130 Approving Development
Agreement
VOTE REQUIRED: 3/5
REVIEW DEADLINE:
Complete Application Date: September 13, 2022
60-Day Review Deadline: November 12, 2022
Planning & Zoning Board Meeting: October 12, 2022
City Council Work Session: October 24, 2022
City Council Meeting: October 24, 2022
BACKGROUND
The applicant, Rehbein Properties, submitted a land use application for the final plat of Belland
Farms Second Addition. The plat creates one (1) commercial lot for the purpose of
constructing New Horizon Academy, a commercial daycare facility.
This staff report is based on the following information:
• Belland Farm Second Addition Public Street & Utility Plans prepared by Contour Civil
Design dated September 9, 2022
• Belland Farms Second Addition Preliminary Plat Plan Set prepared by EG Rud & Sons
dated September 9, 2022
• Belland Farms Second Addition Final Plat prepared by EG Rud & Sons received
September 12, 2022
Previous Council approvals:
• September 12, 2022: Resolution No. 22-97 Approving Belland Farms Second Addition
Preliminary Plat
• September 12, 2022: Resolution No. 22-98 Approving Conditional Use Permit for
Commercial Day Care Facility
2
This staff report provides a comparison of the approved preliminary plat and the proposed final
plat. Changes in the plans are either narratively described or shown as strikethrough (deletions)
or underline (additions). Overall, the final plat is consistent with the preliminary plat.
ANALYSIS
Zoning and Land Use
The parcel is zoned GB, General Business and allows for commercial day care facilities as
approved by Resolution No. 22-98. The parcel is guided commercial per the City’s 2040
Comprehensive Plan.
Current Zoning GB, General Business
Existing Land Use Agricultural
Future Land Use per 2040 Comp Plan Commercial
Utility Staging Area 1A=2018-2025
Subdivision Ordinance
Conformity with the Comprehensive Plan and Zoning Code
The revised preliminary plat and final plat are consistent with the comprehensive plan for
commercial development and zoning code requirements for GB, General Business.
Blocks and Lots
The proposed revised preliminary plat contains Lot 1, Block 1 and Outlot A, Belland Farms
Second Addition the following:
Parcel Acres Purpose
Lot 1, Block 1 1.57 acres
1.52 acres Commercial day care
Outlot A
Lot 2, Block 1
11.22 acres
2.98 acres Future development
Lot 3, Block 1 6.52 acres Future development and
stormwater pond
Lot 1, Block 2 1.39 acres Future development
Road ROW 0.38 acres Road right-of-way
TOTAL 12.79 acres
Since there is no underlying preliminary plat and development plans for Outlot A, the outlot
will need to be preliminary and final platted in the future.
3
Staff Comments: These items have been addressed.
1. The preliminary plat is not consistent with the preliminary plat approved for Belland
Farms.
a. Rosemary Way street right-of-way shall extend to the west lot line on the
preliminary plat.
b. Lot 3 shall be shown on the preliminary plat to the west of Lot 2.
2. The Certificate of Survey and Preliminary Plat for Belland Farms Second Addition shall
orientate on the page the same direction as the approved plans for Belland Farms. The
orientation will remain the same to be consistent with the final plat.
3. The preliminary plat shall plat the balance of the site into lots consistent with Sheet 5,
Ghost Plat. This is similar to the preliminary plat for Belland Farms (Lots 1-3) and will
save time and the expensive of preliminary platting one (1) lot at a time. The final plat
may then show the lots as an outlot until they are ready to be developed.
The final plat contains:
Parcel Acres Purpose
Lot 1, Block 1 1.52 acres Commercial day care
Outlot A 9.50 acres Future development and stormwater pond
Outlot B 1.39 acres Future development
Road ROW 0.38 acres Road right-of-way
TOTAL 12.79 acres
Streets and Alleys
Rosemary Way is a public street aligning with Rosemary Way in the City of Hugo and extends
from 24th Avenue west across the north lot lines of Lots 1-2, Block 1, Belland Farm. It is 32 ft
wide paved back to back within 66ft of street right-of-way. With the second addition, the public
street will extend to the west lot line where it will eventually connect with the private street in
Main Street Shoppes to the west. Both developers and the City have reviewed conceptual street
alignments.
Staff notes Rosemary Way will eventually extend west and connect to Otter Lake Road to serve
future development in both Belland Farms and Main Street Shoppes. This connection will
create an important “backage road” from the City of Hugo and parallel to CSAH 14/Main
Street to support transportation in the area. CSAH 14/Main Street is an A-Minor Connector
road and has limited access points throughout the corridor. Southbound 24th Avenue access
onto CSAH 14/Main Street is right in/right out.
A shared driveway from Rosemary Way serving Lot 1 and future Lot 2 is proposed. This
driveway aligns with the eye clinic driveway to the south. Maintenance of the shared driveway
is private.
4
Staff Comments: These items have been addressed.
1. An additional 7ft of street right-of-way along 24th Avenue is required for future turn
lanes.
2. A shared driveway agreement and exhibit shall be drafted by the developer.
a. The agreement shall detail private maintenance responsibilities of the driveway,
landscaped parking lot median, island landscaping, lighting etc. This will be
required prior to issuing a building permit for the commercial daycare.
3. A 5ft wide sidewalk shall be installed along both the north and south side of Rosemary
Way and terminate at the end of the street construction.
Easements
Standard drainage and utility easements at least 10 feet wide have been provided over the lots
lines. An oversized 20 ft wide drainage & utility easement is provided along the east lot line of
Lot 1 for drainage.
Public Land Dedication
The City will collect the following cash fee in lieu of land dedication for commercial
development for final platted Lot 1, Belland Farms Second Addition.
Belland Farms Second Addition
1.52 acres x $2,520 per acre = $3,830.40
Site and Building Plan Review
As noted, New Horizon Academy will be constructed on Lot 1, Block 1. The September 12,
2022 City Council staff report and resolutions detail the site and building plan review and
conditional use permit for the daycare. Development of future lots will require full site and
building plan review.
Signage
A monument sign is shown on the southeast corner of Lot 1. A separate Sign Permit
Application with detailed sign information is required for any on site or building signage.
Agreements
Stormwater Maintenance Agreement
The stormwater facilities (Pond 100P and outlet pipes to the wetland) on Outlot A will be
privately maintained and a Declaration for Maintenance of Stormwater Facilities will be
required. New Horizon Academy will have a separate declaration for onsite facilities.
Development Agreement and Final Plat
5
A Development Agreement has been prepared by the City as it relates to the final plat and
development.
Site Improvement Performance Agreement
A Site Improvement Performance Agreement was approved by the City as it relates to New
Horizon Academy.
Findings of Fact
The Findings of Fact for Belland Farms Second Addition Final Plat are detailed in Resolution
No. 22-129.
RECOMMENDATION
Staff recommends approval of the final plat.
The Planning & Zoning Board reviewed the Belland Farms Second Addition Final Plat on
October 12, 2022 and recommended approval with a 5-0 vote.
ATTACHMENTS
1. Resolution No. 22-129
2. Final Plat
3. Resolution No. 22-130
4. Development Agreement
1
CITY OF LINO LAKES
RESOLUTION NO. 22-129
APPROVING BELLAND FARMS SECOND ADDITION FINAL PLAT
WHEREAS, the City received a land use application for the Belland Farms Second
Addition Final Plat hereafter referred to as Development; and
WHEREAS, City staff has completed a review of the proposed Development based on
the following plans and information:
• Belland Farm Second Addition Public Street & Utility Plans prepared by Contour
Civil Design dated September 9, 2022
• Belland Farms Second Addition Preliminary Plat Plan Set prepared by EG Rud &
Sons dated September 9, 2022
• Belland Farms Second Addition Final Plat prepared by EG Rud & Sons received
September 12, 2022; and
WHEREAS, the City Council the approved the Preliminary Plat with Resolution No. 22-
97 on September 12, 2022; and
WHEREAS, the Planning & Zoning Board reviewed and recommended approval of the
Development on October 12, 2022; and
WHEREAS, the proposed Development is not considered premature and meets the
performance standards of the subdivision and zoning ordinance; and
NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino
Lakes hereby makes the following:
FINDINGS OF FACT
1. The final plat substantially conforms to the approved preliminary plat subject to the
conditions listed below.
2. The City Attorney reviewed the status of title/property ownership related to the
final plat and provided comments as noted below.
3. A Development Agreement has been drafted and shall be executed.
4. Conditions attached to approval of the preliminary plat have been fulfilled or
secured by the Development Agreement.
5. All fees, charges and escrow related to the preliminary or final plat have been paid
in full.
BE IT FURTHER RESOLVED by the City Council of the City of Lino Lakes hereby
approves Belland Farms Second Addition Final Plat subject to the following conditions:
2
1. A Development Agreement shall be approved by the City Council, executed and
recorded against the property.
2. A Declaration for Maintenance of Stormwater Facilities shall be executed and
recorded against the property.
3. All comments from the City Engineer Memo dated October 5, 2022 shall be
addressed.
Adopted by the Council of the City of Lino Lakes this 24th 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. 22-130
APPROVING BELLAND FARMS SECOND ADDITION
DEVELOPMENT AGREEMENT
WHEREAS, the City Council approved the final plat for Belland Farms Second Addition with
Resolution No. 22-129 on October 24, 2022; and
WHEREAS, the City’s subdivision ordinance and conditions of approval require the execution
of a development agreement between the Developer and the City of Lino Lakes.
NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes
hereby approves the Development Agreement between Rehbein Properties and the City of Lino
Lakes for Belland Farms Second Addition and authorizes the Mayor and City Clerk to execute
such agreement on behalf of the City.
Adopted by the Council of the City of Lino Lakes this 24th 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
DEVELOPMENT AGREEMENT
Belland Farms Second Addition
THIS AGREEMENT is made this _____ day of ____________, 2022, by and between the City
of Lino Lakes (“City”), a Minnesota municipal corporation, and Rehbein Properties, a Minnesota
partnership (“Developer”).
1. Subdivision. Developer received preliminary plat approval from the City by Resolution No.
22-97 for a plat known as Belland Farms Second Addition (“Subdivision”). Unless otherwise
stated, all terms and conditions of this Agreement relate to work within the Subdivision.
2. Final Plat Approval. The City’s approval of the final plat of Belland Farms Second
Addition is contingent upon execution and delivery of this agreement, all required
petitions, bonds, security, and other documents required by the City, and satisfaction of
all conditions of approval required by Resolution No. 22-130. The Final Plat including
one (1) lot is attached hereto as Exhibit A.
3. Phased Development. The City may refuse to approve final plats of subsequent additions
of the plat if the Developer has breached this Agreement and the breach has not been
remedied. Development of subsequent phases may not proceed until Development
Agreements for such phases are approved by the City and are fully executed.
4. Developer Plans.
a. The Subdivision shall be developed in accordance with the following Developer
Plans, original copies of which are on file with the City Engineer. The Developer
Plans may be prepared and revised after entering into this Agreement but must
be approved by the City before commencement of any work. If the plans vary
from the written terms of this Agreement, this Agreement shall control.
b. The Developer Plans as of the date of this Agreement are:
i. Belland Farms Second Addition Final Plat containing 1 sheet, prepared by
E.G. Rud & Sons, Inc., revised September 9, 2022, received September 12,
2022.
ii. Belland Farms Second Addition Public Street and Utility Plans plan set
containing 6 sheets, dated September 9, 2022, prepared by Contour Civil
Design, received September 12, 2022.
5. Permits. The Developer shall be responsible for securing all site grading and
development approvals and all other required permits from all appropriate Federal,
State, Regional and Local jurisdictions prior to the commencement of site grading or
Belland Farms Second Addition
Development Agreement
October 24, 2022
page 2
construction and prior to the City awarding construction contracts for public
improvements.
6. Developer Improvements. The Developer shall secure a contractor to install the
improvements described in this paragraph, or otherwise required herein to be installed
by Developer, hereinafter referred to as the “Developer Improvements,” which
contractor shall be approved by the City in its absolute and sole discretion. The
Developer Improvements shall be constructed per the City Standard Specifications for
Construction dated January 2022 or current version.
The cost of Developer Improvements is as shown on Exhibit B attached hereto. All
Developer Improvements shall require City inspection and approval and, where
appropriate, the approval of any other governmental agency having jurisdiction. The
Developer shall construct and install at the Developer's expense the following
improvements according to the following terms and conditions:
a. Site Grading
i. No grading shall commence until all requirements of the Rice Creek
Watershed District (RCWD) have been satisfied.
ii. All site grading shall be conducted in accordance with the grading plan as
approved by the City and in accordance with NPDES and RCWD
requirements. The Developer shall perform the work in accordance with
a Storm Water Pollution Prevention Plan (SWPPP) pursuant to Minnesota
Pollution Control Agency (MPCA) requirements.
b. Grading and Erosion Control
i. The Developer shall grade the site to within 0.2 foot of the grades shown
on the approved grading plan. No deviations will be allowed unless a
revised plan is submitted and approved in writing by the City and all
other regulatory agencies.
ii. The street right-of-way, storm water storage ponds, and surface water
drainage ways shall be graded prior to commencement of utility
construction. Four inches of topsoil and a City approved seed mix shall be
installed within disturbed areas, and seed mix information shall be
provided to the City.
iii. The Developer shall be responsible for ascertaining that site geotechnical
and groundwater conditions are adequate and conforming with the
grading and site improvement as proposed. The Developer shall provide
testing from an approved testing company.
Belland Farms Second Addition
Development Agreement
October 24, 2022
page 3
iv. The Developer’s engineer shall certify in writing, with an as-built survey,
that all grading complies with the approved grading plan prior to issuance
of any building permits.
v. The Developer shall promptly clear dirt and debris within public rights-of-
way and drainage and utility easements resulting from construction by
the Developer, its purchasers, builders and contractors within five (5)
days after notification by the City. The Developer shall be responsible for
all necessary street and storm sewer maintenance, including street
sweeping, until all home construction is completed, unless otherwise
released by the City. Warning signs shall be placed when hazards
develop in streets to prevent the public from traveling on them, including
detour signs if necessary. If and when the streets become impassable,
such streets shall be barricaded and closed. The Developer shall maintain
a smooth, hard driving surface and adequate drainage on all temporary
streets.
c. Final street grading, subbase, gravel base, concrete curb and gutter, and
bituminous base and wear course, street signs and striping shall be furnished
and installed.
d. Sidewalks, trails and street lighting shall be installed within 6 months of the
bituminous base course. Extensions may be approved by the City Engineer, due
to weather conditions, upon receipt of a written request in writing by the
Developer to the City. In no case shall such extension extend beyond one year
from the date of installation of bituminous base course. The Developer shall be
responsible for maintenance and repair of sidewalks until the project accepted
by the City, the punch list is complete and the RCWD permit is closed.
e. Storm sewers, when determined to be necessary by the City Engineer, including
all necessary laterals, catch basins, inlets and other appurtenances, shall be
furnished and installed.
f. Sanitary sewer mains, laterals or extensions, including all necessary building
services and other appurtenances, shall be furnished and installed.
g. Water mains, laterals or extensions, including all necessary building services,
hydrants, valves and other appurtenances, shall be furnished and installed.
h. The Developer shall place iron monuments at all lot, block, and outlot corners
and at all other angle points on boundary lines consistent with the final plat.
Iron monuments shall be placed after all street and lawn grading has been
completed in order to preserve the lot markers for future property owners. Lot
corner irons on the back property line shall be installed so that the top of the
Belland Farms Second Addition
Development Agreement
October 24, 2022
page 4
iron corresponds to the finished ground elevation in accordance with the
approved grading plan. Guard stakes shall be appropriately installed to mark
these irons.
i. Landscaping shall be furnished and installed in accordance with the approved
plans. The landscaping shall be maintained by the Developer until accepted by
the City’s Environmental Coordinator.
Developer shall be responsible for vegetative restoration of ponding areas,
outlots, wetland mitigation areas, and other native planting areas identified on
the plans in accordance with City Standard Specifications for Construction.
Developer shall provide a contract with a qualified firm for the establishment
and maintenance of all open space / native plant areas. Said contract shall cover
a minimum of the 3 year establishment period, from the date of planting.
j. The Developer shall arrange for all gas, telecommunications, cable, internet,
electric, and other necessary private utility services to the Subdivision in
accordance with City Code and State law. The utilities are required to be located
within a joint trench. Street light installations shall be initiated by the Developer
with City Engineer approval. The Developer is solely responsible for the cost of
private utility and internet installation.
k. The Developer shall install mailboxes in accordance with Federal and Postal
Service regulations.
l. The Developer shall install wetland buffer signs per City standard detail plates
prior to the issuance of building permits.
7. Time of Performance. The Developer shall install all required improvements
enumerated in Paragraph 6 by November 30, 2023. The Developer may request a
reasonable extension of time from the City. If the extension is granted, it shall be
conditioned upon updating the security posted by the Developer to reflect cost
increases and the extended completion date.
8. City Improvements. No City installed improvements are proposed to be constructed for
this subdivision.
9. Record Drawings.
a. Upon project completion, Developer shall submit record drawings, in electronic
format, of all public and private infrastructure improvements, including grading,
sanitary sewer, watermain, storm sewer facilities, and roads, constructed by
Developer. The files shall be drawn in Anoka County NAD 83 Coordinate system
and provided in both AutoCAD .dwg and Adobe .pdf file formats. The plans shall
Belland Farms Second Addition
Development Agreement
October 24, 2022
page 5
include accurate locations, dimensions, elevations, grades, slopes and all other
pertinent information concerning the complete work.
b. The Developer shall submit certified compaction testing results for the site
grading operations that certify that grading work meets pertinent compaction
requirements for the project.
c. A summary of the record plan attribute data for the storm sewer, watermain,
and sanitary sewer structures and pipes shall be submitted in the form of an
Excel Spreadsheet as provided by the City Engineer.
d. No securities will be fully released until all record drawings have been submitted
and accepted by the City Engineer.
10. Faithful Performance of Construction Contracts and Security.
a. The Developer will fully and faithfully comply with all terms and conditions of any
and all contracts entered into by the Developer for the installation and construction
of all Developer Improvements. Concurrent with the execution hereof by the
Developer, the Developer will furnish to, and at all times thereafter maintain with
the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on
one hundred fifty (150%) percent of the total estimated cost of Developer's
Improvements as determined by the City Engineer.
b. Irrevocable Letter of Credit. If an Irrevocable Letter of Credit is utilized, it shall be
for the exclusive use and benefit of the City of Lino Lakes and shall state that it is
issued to guarantee and assure performance by the Developer of all the terms and
conditions of this Development Agreement and construction of all required
improvements referenced therein in accordance with the ordinances and
specifications of the City. The letter shall be in a form, and from a bank, as
approved by the City. The City reserves the right to draw, in whole or in part, on
any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the
terms and conditions of this agreement. The Irrevocable Letter of Credit shall be
automatically extended for additional periods of one year from present or future
expiration dates on an annual basis, unless at least sixty (60) days prior to the
expiration date, the Community Development Director and City Engineer, are
notified by certified mail or overnight courier, that the Letter of Credit will not be
extended.
c. Alternatively, the Developer may enter into a Public Improvement Surety
Agreement, subject to City approval.
Belland Farms Second Addition
Development Agreement
October 24, 2022
page 6
d. Reduction of Security. The Developer may request reduction of the Letter of Credit
or cash deposit based on prepayment or the value of the completed improvements
at the time of the requested reduction.
11. Warranty. The Developer warrants all utility work required to be performed by it against
poor material and faulty workmanship for a period of two years after its completion and
acceptance by the City. All new streets shall be warranted by the developer for a period
of one year from the time the final inspection of the street is completed and accepted
by the City Council. All trees, grass and sod shall be warranted to be alive, of good quality
and disease free for 12 months after planting. Prior to final acceptance of the Developer
Improvements the City shall require a Surety Bond or Cash Escrow to cover the warranty
provisions of this Agreement. The amount shall be 20 % of the original cost of construction
identify in Exhibit B.
12. Dedication. The Developer shall dedicate to the City, at no cost to the City, any
permanent or temporary easements that may be necessary for the construction and
installation of the Developer Improvements. All such easements required by the City
shall be in writing, in recordable form, containing such terms and conditions as the City
shall determine.
13. Ownership of Improvements. Upon completion and City acceptance of the work and
construction required by this Agreement, the public improvements lying within public
rights-of-way and easements shall become City property without further notice or
action unless the improvements are to be deemed private infrastructure.
14. Recording and Release. The Developer agrees that the terms of this Development
Agreement shall be a covenant on any and all property included in the Subdivision. The
Developer agrees that the City shall have the right to record a copy of this Development
Agreement with the Anoka County Recorder to give notice to future purchasers and
owners. This shall be recorded against the Subdivision described on Page 1.
15. Escrow for City’s Costs.
a. The Developer agrees to establish a non-interest bearing escrow account with
the City in an amount determined by the City Administrator or their designee for
the payment of all costs incurred by the City related to the development of the
Subdivision including, but not limited to, the following (See Exhibit B for
breakdown of costs):
i. Planning/ Review
ii. Administration - 3% of Developer Improvement Costs
iii. City Engineering and Legal
Belland Farms Second Addition
Development Agreement
October 24, 2022
page 7
iv. Street lighting installation (by utility company, developer to initiate)
v. Traffic Signing Improvements
vi. Boulevard tree planting
vii. Street, storm sewer and pond maintenance
viii. Property Taxes. Should the recording of the Final Plat occur after July 1st,
any and all property taxes on any public property dedicated as a part of
this plat shall be the responsibility of the Developer.
b. If the above escrow amounts are insufficient, the Developer shall make such
additional deposits as required by the City. The City shall have a right to
reimburse itself from the Escrow with suitable documentation supporting the
charges.
16. Developer Fees. At the time of execution of this Agreement, the Developer shall pay
the following fees related to the development of the Subdivision (See Exhibit B for
breakdown of costs):
a. Park Dedication
The Park Dedication Fee for this site is calculated as follows:
1.52 acres x $2,520 per acre = $3,830.40
b. The Developer shall pay 15 months of maintenance and energy costs for street
lights installed within the Subject Property at the rate of $8/month/light. After
that the City will assume the costs.
c. GIS Mapping Fees
d. Trunk Sewer Connection Fees
The City established trunk utility connection fees to uniformly distribute the
costs of public trunk sanitary sewer infrastructure. The Trunk Utility Connection
Fee consists of two components; a Trunk Charge and an Availability Charge.
Trunk Charge
The trunk charge shall be paid at the time of subdivision approval or at the time of
hook-up, whichever is first. Commercial/Industrial/Institutional (CII) trunk charges
are based on a factor of 2.92 units per acre.
Belland Farms Second Addition
Development Agreement
October 24, 2022
page 8
Sanitary Sewer $1,630.00 Per Unit
Availability Charge
Commercial/Industrial/Institutional availability charges shall be paid at the time
of building permit. Fees are based on the number of sanitary access charge
(SAC) units assigned by Metropolitan Council Environmental Services (MCES).
City Sewer (CSAC) $1,525.00 Per SAC Unit
Trunk sewer unit charges addressed under this paragraph are in addition to any
SAC charges imposed by Metropolitan Council Environmental Services. An
estimate of the total charge and the trunk utility credit for developer installed
trunk oversizing is specified in Exhibit B.
e. Trunk Water Connection Fees
The City established trunk utility connection fees to uniformly distribute the
costs of public trunk water infrastructure. The Trunk Utility Connection Fee
consists of two components; a Trunk Charge and an Availability Charge.
Trunk Charge
The trunk charge shall be paid at the time of subdivision approval or at the time of
hook-up, whichever is first. Commercial/Industrial/Institutional (CII) trunk charges
are based on a factor of 2.92 units per acre.
Water $2,341.00 Per Unit
Availability Charge
Commercial/Industrial/Institutional availability charges shall be paid at the time
of building permit. Fees are based on the number of sanitary access charge
(SAC) units assigned by Metropolitan Council Environmental Services (MCES).
City Water (CWAC) $1,473.00 Per SAC Unit
An estimate of the total charge and the trunk utility credit for developer installed
trunk oversizing is specified in Exhibit B.
f. Surface Water Management Area Charges
Belland Farms Second Addition
Development Agreement
October 24, 2022
page 9
The City established a trunk area charge to uniformly distribute the costs of
public trunk surface water infrastructure and water quality improvements. The
Surface Water Management Charge shall be based on developable acreage, in
the amount specified in Exhibit B. The charge shall be paid at the time of
subdivision approval.
17. Assessment of Charges and Waiver of Rights.
a. In consideration of the construction of City Improvements listed in Section 8 and
/or provision of sewer, water and storm water services, the Developer agrees
that the costs of City Improvements together with Trunk Sewer Unit Charge,
Trunk Water Unit Charge and the Surface Water Management Area Charge
(collectively, “the Charges”) may be assessed against the Subdivision parcels.
The Developer hereby waives any and all procedural and substantive objections
to the special assessments, including notice and hearing requirements, any claim
that the assessments exceed the benefit to the properties, and any right to
appeal.
b. Unless the Developer pays the entire balance owed for the Charges
contemporaneously with the execution of this Agreement, the Developer shall
provide to the City a cash escrow or irrevocable letter of credit in an amount
equal to 35% of the total assessments for the Charges as estimated by the City
Engineer (see Exhibit B). The letter of credit shall be in a form, and from a bank,
as approved by the City. The letter of credit or cash escrow may be used by the
City upon default by Developer in the payment of special assessments. The cash
escrow or letter of credit shall remain in place throughout the term of the special
assessments. The letter of credit may not be terminated without the City’s
written consent.
c. Developer, its heirs, successors or assigns, agrees that within 30 days after the
date of sale of a lot, the Developer, its heirs, successors or assigns, at its own
cost and expense, shall pay the entire unpaid charges assessed or to be assessed
under this Agreement against such property.
d. If a certificate of occupancy is issued before the special assessments have been
levied, the Developer, its heirs, successors or assigns shall pay the City the sum
of cash equal to 120% of the Engineer's estimate of the special assessments for
such Charges that would be levied against the property. Upon such payment the
City shall issue a certificate showing the assessments are paid in full.
Notwithstanding the issuance of said certificate, the Developer shall be liable to
the City for any deficiency and the City shall pay the Developer any surplus
arising from the payment based upon such estimate.
Belland Farms Second Addition
Development Agreement
October 24, 2022
page 10
e. Acceleration of Special Assessments upon Default. In the event the Developer
violates any of the covenants, conditions or agreements herein, violates any
ordinance, rule or regulation of the City, County of Anoka, State of Minnesota or
other governmental entity having jurisdiction over the plat or development, or
fails to pay when due any installment of any special assessment levied pursuant
to this agreement, or any interest thereon, the City at its option, in addition to its
rights and remedies hereunder, after 10 days written notice to the Developer,
may declare all of the unpaid special assessments which are then estimated or
levied pursuant to this agreement due and payable in full, with interest. The City
may seek recovery of such special assessments due and payable from the
security provided herein. In the event that such security is insufficient to pay the
outstanding amount of such special assessments plus accrued interest the City
may certify such outstanding special assessments in full to the County Auditor
pursuant to Minnesota Statutes section 429.061, subdivision 3, for collection the
following year. The City, at its option, may commence legal action against the
Developer to collect the entire unpaid balance of the special assessments then
estimated or levied pursuant hereto, with interest, including reasonable
attorney's fees, and Developer shall be liable for such special assessments and, if
more than one, such liability shall be joint and several. In addition to any other
rights and remedies upon Developer’s default, the City may refuse to issue
building permits and/or Certificates of Occupancy for any property within the
Subdivision until such time as such default has been corrected to the satisfaction
of the City. The Developer agrees to reimburse the City for all costs incurred by
the City in the enforcement of this agreement, or any portion thereof, including
court costs and reasonable engineering and attorneys' fees, if the City prevails in
any enforcement action.
18. Building Permits. No building permits shall be issued until:
a. Site grading, certified compaction testing and approved by the City.
b. Execution of this agreement and receipt of all securities required herein, and
review and approval of building permit application by the Building Official.
19. Special Provisions.
a. The Belland Farms Development included the trunk utility fees for Lots 1 and 2,
Block 1 and the entire road right of way running east-west through the site. The
trunk utility fees for the Belland Farms Second Addition Development include the
trunk utility fees for the Belland Farms Second Addition Lot 1 Block 1. The
stormwater ponding area being constructed with the Belland Farms Second
Addition, along with the balance of Outlot B will be charged trunk utility fees
with the future platting of Belland Farms Second Addition Outlot B.
Belland Farms Second Addition
Development Agreement
October 24, 2022
page 11
b. Elmcrest Avenue/24th Avenue N was originally paved by the City of Hugo with
one 2-inch lift of bituminous. The construction of the Belland Farms
Developments has added additional traffic, including heavy construction traffic,
and the existing roadway is not sufficient to support the loads. The Developer
shall be responsible for the cost to add 1.5 inches of bituminous from Rosemary
way south to Main Street. The Developer shall pay to the City $25,000 for future
improvement of 24th Avenue/Elmcrest.
20. Hours of Construction Activity.
All construction activity shall be limited to the hours as follows:
Monday through Friday 7:00 a.m. to 7:00 p.m.
Saturday 9:00 a.m. to 5:00 p.m.
Sunday and Holidays No working hours allowed
21. Insurance. Developer or its general contractor shall take out and maintain until one
year after the City accepted the Developer Improvements, public liability and property
damage insurance covering personal injury, including death, and claims for property
damage which may arise out of the Developer's or general contractor’s work, as the
case may be, or the work of its subcontractors or by one directly or indirectly employed
by any of them. Limits for bodily injury and death shall be not less than Five Hundred
Thousand and no/100 ($500,000.00) Dollars for one person and Two Million and no/100
($2,000,000.00) Dollars for each occurrence; limits for property damage shall be not less
than One Million and no/100 ($1,000,000.00) Dollars for each occurrence; or a
combination single limit policy of Two Million and no/100 ($2,000,000.00) Dollars or
more. The City, its employees, its agents and assigns shall be named as an additional
insured on the policy, and the Developer or its general contractor shall file with the City
a certificate evidencing coverage prior to the City signing the plat. The certificate shall
provide that the City must be given ten days advance written notice of the cancellation
of the insurance. The certificate may not contain any disclaimer for failure to give the
required notice.
22. Developer’s Default. In the event of default by the Developer as to any of the work to
be performed by it hereunder, the City may, at its option, perform the work and the
Developer shall promptly reimburse the City for any expense incurred by the City,
including but not limited to attorney and engineering fees, provided the Developer is
first given notice of the work in default, not less than 48 hours in advance. This
Agreement is a license for the City to act, and it shall not be necessary for the City to
seek a court order for permission to enter the land. When the City does any such work,
the City may, in addition to its other remedies, levy the cost in whole or in part as a
special assessment against the Subject Property. Developer waives its rights to notice of
hearing and hearing on such assessments and its right to appeal such assessments
pursuant to Minnesota Statutes, chapter 429.
Belland Farms Second Addition
Development Agreement
October 24, 2022
page 12
23. General.
a. Binding Effect
The terms and provisions hereof shall be binding upon and inure to the benefit
of the heirs, representatives, successors and assigns of the parties hereto and
shall be binding upon all future owners of all or any part of the Subdivision and
shall be deemed covenants running with the land, unless otherwise released
pursuant to section 14 of this Agreement.
b. Validity.
If a portion, section, subsection, sentence, clause, paragraph or phrase in this
agreement is for any reason held to be invalid by a court of competent
jurisdiction, such decision shall not affect or void any of the other provisions of
the Development Agreement.
c. Notices
Whenever in this Agreement it shall be required or permitted that notice or
demand be given or served by either party to this Agreement to or on the other
party, such notice or demand shall be delivered personally, or mailed by United
States mail to the addresses below, or sent by email to the email address below.
Such notice or demand shall be deemed timely given when delivered personally
or when deposited in the mail in accordance with the above or when emailed.
The addresses of the parties are as set forth until changed by notice given as
above.
Gerald L. Rehbein
Gordon W. Rehbein
Rehbein Properties
PO Box 368
Lino Lakes, MN 55038
matt@rehbeinag.com
glrehbein@gmail.com
Rick@rehbeinag.com
Community Development Director
City of Lino Lakes
600 Town Center Parkway
Lino Lakes, MN 55014
mgrochala@linolakes.us
Belland Farms Second Addition
Development Agreement
October 24, 2022
page 13
THIS PAGE INTENTIONALLY LEFT BLANK
Belland Farms Second Addition
Development Agreement
October 24, 2022
page 14
IN WITNESS WHEREOF, the City and the Developer have caused this Development Agreement to be
executed in their respective corporate names by their duly authorized officers, all as of the date and
year first written above.
CITY OF LINO LAKES
By _________________________
Mayor
ATTEST
By _________________________
City Clerk
STATE OF MINNESOTA )
) SS
COUNTY OF ANOKA )
This instrument was acknowledged before me on ________ day of ____________, 2022,
by Rob Rafferty as Mayor of the City of Lino Lakes on behalf of said City.
_______________________________
Notary Public
STATE OF MINNESOTA )
) SS
COUNTY OF ANOKA )
This instrument was acknowledged before me on ________ day of ____________, 2022,
by Julianne Bartell as City Clerk of the City of Lino Lakes on behalf of said City.
_______________________________
Notary Public
Belland Farms Second Addition
Development Agreement
October 24, 2022
page 15
THIS PAGE INTENTIONALLY LEFT BLANK
Belland Farms Second Addition
Development Agreement
October 24, 2022
page 16
Execution page of the Developer to the Development Agreement, dated as of the date and year
first written above.
DEVELOPER
By ______________________
Its ______________________
STATE OF MINNESOTA )
) SS
COUNTY OF __________ )
On this _______ day of _______________, 2022, before me, a Notary Public within and
for said County, personally appeared ____________, __________________ of
___________________. (Developer), who executed the foregoing instrument.
______________________________
Notary Public
This instrument was drafted by:
City of Lino Lakes
600 Town Center Parkway
Lino Lakes, Minnesota 55014
Belland Farms Second Addition
Development Agreement
October 24, 2022
page 17
CONSENT AND SUBORDINATION
Not Applicable
Belland Farms Second Addition
Development Agreement
October 24, 2022
page 18
EXHIBIT A
Final Plat
Belland Farms Second Addition
Development Agreement
October 24, 2022
page 19
EXHIBIT B
Securities, Escrows & Fees
10/20/2022
EXHIBIT B
Securities, Escrows & Fees
PROJECT: Belland Farms 2nd Addition NUMBER OF REU's:4.4
APPLICANT: Rehbein Properties NO. OF LOT FRONTAGES 0
AREA (ACRES):1.5
IMPROVEMENTS COST
DEVELOPER IMPROVEMENT COSTS (Public)
SITE GRADING $0.00
EROSION CONTROL $0.00
LANDSCAPING $0.00
TRAIL $0.00
STREETS $70,857.00
STORM SEWER CONST.$13,847.00
SANITARY SEWER CONST.$40,151.80
WATERMAIN CONST.$37,368.00
ENGINEERING & SURVEYING $0.00
Total $162,223.80
Letter of Credit Amount X 150%$243,335.70
ESCROW for CITY'S COSTS
PLANNING/ REVIEW $0.00
ADMINISTRATION $4,870.00
ENGINEER PLAN REVIEW $2,700.00
ENGINEER CONSTRUCTION SERVICES $8,111.19
PROJECT FINAL DOCUMENTS & CITY ENGINEER $3,800.00
STREET LIGHT INSTALLATION $0.00
STREET & STORMWATER MAINTENANCE $1,500.00
PROPERTY TAXES $0.00
TRAFFIC AND SIGNING IMPROVEMENTS $0.00
BOULEVARD TREE PLANTING $0.00
Total $20,981.19
DEVELOPMENT FEES
PARK DEDICATION $3,830.40
PARK DEDICATION CREDIT $0.00
Subtotal Park Dedication Fee $3,830.40
24TH AVENUE $25,000.00
AUAR $408.88
GIS MAPPING FEE $90.00
STREET LIGHTING OPERATION $0.00
Total $29,329.28
TRUNK SANITARY SEWER
TRUNK CHARGE PER (ACRE OR UNIT)$7,234.59
AVAILABILITY CHARGE PER SAC UNIT $0.00
TRUNK SANITARY SEWER CREDIT $0.00
TRUNK WATERMAIN
TRUNK CHARGE PER (ACRE OR UNIT)$10,390.29
AVAILABILITY CHARGE PER SAC UNIT $0.00
TRUNK WATERMAIN CREDIT ($10,500.00)
TOTAL TRUNK SEWER & WATER FEES $7,124.88
SURFACE WATER MANAGEMENT $16,830.96
SURFACE WATER MANAGEMENT CREDIT $0.00
TOTAL SURFACE WATER MANAGEMENT FEES $16,830.96
Total $23,955.84
SUMMARY OF SECURITIES, ESCROW & FEES
SECURITY: DEVELOPER IMP'MENT COSTS $243,335.70
ESCROW FOR CITY COSTS $20,981.19
DEVELOPMENT FEES $29,329.28
SECURITY: TRUNK FEES $23,955.84
1
CITY COUNCIL
AGENDA ITEM 6F
STAFF ORIGINATOR: Katie Larsen, City Planner
MEETING DATE: October 24, 2022
TOPIC: Consider 2nd Reading of Ordinance No. 04-22 Marketplace PDO
Amendment #3 related to 601 Apollo Retail
*Council may vote to dispense with full reading of ordinance
* Roll call vote is required for adoption of the ordinance
VOTE REQUIRED: Simple Majority
INTRODUCTION
Staff is requesting City Council consideration of the 2nd reading of Ordinance No. 04-22
amending Marketplace Planned Development Overlay (PDO) Design Guidelines Ordinance
No. 03-05. The 1st Reading was approved by the City Council on 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.
ANALYSIS
The October 10, 2022 Council staff report details the project. The Planning & Zoning Board
held a public hearing on September 14, 2022 and recommended approval with a 5-0 vote. The
City Council passed Resolution No. 22-115 that details the findings of fact.
RECOMMENDATION
Staff is recommending approval of the 2
nd Reading of Ordinance No. 04-22.
ATTACHMENTS
1. Ordinance No. 04-22
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 thatwill 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 followingfactors:
(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 2
nd
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