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HomeMy WebLinkAbout07-10-2023 City Council PacketRESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Stoesz AYES: All in favor ABSENT: Cavegn CITY COUNCIL AGENDA Monday, July 10, 2023 *********** 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Rafferty, Councilmembers Cavegn, Lyden, Ruhland and Stoesz City Administrator: Sarah Cotton COUNCIL WORK SESSION, 5:30 P.M. Community Room (not televised) Work Session began at 5:30 PM. CM Cavegn absent. 1. Retention Pay Increases for Part-Time Employees at the Rookery, Meg Sawyer 2. Minnesota Public Safety Aid, John Swenson 3. Review Regular Agenda CITY COUNCIL MEETING, 6:30 P.M.  Call to Order and Roll Call Called to order at 6:30 PM. Councilmembers Lyden, Stoesz, Ruhland, and Mayor Rafferty present. Councilmember Cavegn absent.  Pledge of Allegiance  Open Mike / Public Comment (in person or received in writing prior to meeting) Opened at 6:31 PM. Mr. Christopher Stowe addressed Council. i. Motion to: Close open mike (6:41 PM)  Setting the Agenda: Addition or deletion of agenda items SPECIAL PRESENTATION Lino Lakes Ambassadors – Annual Recap and Introduction of Candidates Council Agenda -2- July 10, 2023 RESULT: CARRIED [UNANIMOUS] MOVER: Ruhland SECONDER: Stoesz AYES: All in favor ABSENT: Cavegn RESULT: CARRIED [UNANIMOUS] MOVER: Ruhland SECONDER: Stoesz AYES: All in favor ABSENT: Cavegn RESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Stoesz AYES: All in favor ABSENT: Cavegn 1. CONSENT AGENDA A) Consider Approval of Expenditures for July 10, 2023 (Check No. 118876 through 118965) in the Amount of $361,082.29 B) Consider Approval of Resolution 23-60, Approving a Special Event Permit, On- Sale Temporary License, and Cabaret License for St. Joseph’s Church C) Consider Approval of Resolution 23-61, Approving a Special Event Permit for Living Waters Church D) Consider Approval of Resolution 23-70, Approving a New 3.2 Off-Sale License and Tobacco License for Kwik Trip i. Motion to: Approve Consent Agenda items 1A – 1D: 2. FINANCE DEPARTMENT REPORT No report 3. ADMINISTRATION DEPARTMENT REPORT A) Consider Appointment of Community Service Officer, Meg Sawyer i) Motion to: Approve appointment of CSO B) Consider Appointment of Accounting Clerk II, Meg Sawyer i) Motion to: Approve appointment of Accounting Clerk II 4. PUBLIC SAFETY DEPARTMENT REPORT No report Council Agenda -3- July 10, 2023 RESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Stoesz AYES: All in favor ABSENT: Cavegn RESULT: CARRIED [UNANIMOUS] MOVER: Ruhland SECONDER: Stoesz AYES: All in favor ABSENT: Cavegn RESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Ruhland AYES: All in favor ABSENT: Cavegn RESULT: CARRIED [UNANIMOUS] MOVER: Stoesz SECONDER: Ruhland AYES: All in favor ABSENT: Cavegn 5. PUBLIC SERVICES DEPARTMENT REPORT No report 6. COMMUNITY DEVELOPMENT REPORT A) Bluebill Ponds Second Addition, Katie Larsen i. Consider Resolution No. 23-62 Approving Final Plat a. Motion to: Approve Resolution 23-62 ii. Consider Resolution No. 23-63 Approving Development Agreement: b. Motion to: Approve Resolution 23-63 B) Consider Resolution No. 23-68, Approving Joint Powers Agreement with City of Columbus, Scannell Properties AUAR, Michael Grochala i. Motion to: Approve Resolution 23-68 C) Consider Resolution No. 23-69, Approving Acquisition of Certain Real Property, Lake Drive Trunk Utility Improvements, Michael Grochala i. Motion to: Approve Resolution 23-69 Council Agenda -4- July 10, 2023 RESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Stoesz AYES: All in favor ABSENT: Cavegn RESULT: CARRIED [UNANIMOUS] MOVER: Ruhland SECONDER: Stoesz AYES: All in favor ABSENT: Cavegn E) Consider Resolution No. 23-67, Approving Change Order No. 1, 2023 Pheasant Run Reconstruction Project, Michael Grochala i. Motion to: Approve Resolution 23-67 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Motion to: Adjourn Meeting adjourned at 7:01 PM. Community Calendar – A Look Ahead July 10, 2023 through July 24, 2023 Wednesday, July 12 6:30 pm, Council Chambers Planning & Zoning Board Monday, July 24 6:00 pm, Community Room Council Work Session Monday, July 24 6:30 pm, Council Chambers City Council Meeting WS – Item 1 WORK SESSION STAFF REPORT Work Session Item 1 Date: July 10, 2023 To: City Council From: Meg Sawyer, Human Resources and Communications Manager Re: Retention Pay Increases for Part-Time Employees at the Rookery Background In April 2022, the City Council approved Resolution No. 22-45, Establishing the Compensation Plan for Part-Time Rookery Activity Center Personnel. The compensation plan was established based on a review of hourly rates included in the Recreation and Aquatic Center Feasibility Study prepared by ISG, as well as the hourly rates of pay for comparable positions in the metro area. Hourly wage ranges were established to help ensure a successful recruitment effort. The approved positions and wage ranges are as follows: Position Title Range Min Range Max Aquatic Fitness Instructor $21.00 $25.00 Aquatics Lead $16.00 $20.00 Child Watch Attendant $13.00 $15.00 Custodial Maintenance Worker $20.00 $25.00 Guest Services Representative $13.00 $15.00 Lifeguard $13.00 $17.00 Manager on Duty $16.00 $20.00 Recreation Attendant $10.50 $15.00 Swim Instructor $14.00 $20.00 The Rookery Activity Center officially opened in May of 2022 and over time has employed over 160 employees. The City of Lino Lakes has 25 part-time employees who have completed over one year of service at the Rookery. In order to retain current employees, and recruit future employees, staff is proposing retention pay increases for Rookery permanent part-time staff who have completed one year of service. With high turn-over rates and a tough market for hiring part-time employees, this program should assist with the retention of current employees and the recruitment of future employees at the Rookery. The program will better position the City in its effort to compete with other local community centers, the YMCA, Foss Swim School, and other local establishments. Based on market studies and current hiring trends, staff is proposing a $0.50 hourly increase to part-time employees who have completed one year of service at the Rookery. Staff will be eligible for future increases on their anniversary date. Employees will not be eligible for a retention wage increase once they have reached the position maximum. The proposed retention pay increases will not result in any additional impact to the 2023 Adopted Rookery Budget, as retention assumptions were developed and included during the budget process. Requested Council Direction Discuss the implementation of retention pay increases for part-time Rookery personnel. Attachments Resolution No. 22-45 CITY OF LINO LAKES RESOLUTION NO. 22-45 RESOLUTION ESTABLISHING THE COMPENSATION PLAN FOR PART-TIME ROOKERY ACTIVITY CENTER PERSONNEL WHEREAS, Section 207.04 ofthe Code of Ordinances requires the City Administrator to establish and maintain a compensation plan for all positions in the City,which is to be reviewed and approved by the City Council; and WHEREAS,the City of Lino Lakes will be opening the Rookery Activity Center and providing fitness, aquatics, and various recreational programming opportunities to the community; and WHEREAS,part-time employees are a key component of the staffing model of the activity center; and WHEREAS,the hourly wages of part-time Rookery personnel are essential to an effective recruitment and retention program. NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Lino Lakes that the city does hereby establish the compensation plan for part-time Rookery Activity Center personnel as follows: Range Range Position Title Min Max Aquatic Fitness Instructor 21.00 $25.00 Aquatics Lead 16.00 $20.00 Child Watch Attendant 13.00 $15.00 Custodial Maintenance Worker 20.00 $25.00 Guest Services Representative 13.00 $15.00 Lifeguard 13.00 $17.00 Manager on Duty 16.00 $20.00 Recreation Attendant 10.50 $15.00 Swim Instructor 14.00 1 $20.00 Adopted by the Council of the City of Lino Lakes this 25th day of April, 2022. The motion for the adoption of the foregoing resolution was introduced by Councilmember Cavegn and was duly seconded by Councilmember Stoesz and upon vote being taken thereon, the following voted in favor thereof. Cavegn, Lyden, Stoesz, Rafferty The following voted against same: None (Absent-Ruhland) t1- Ro afferty, Mayor ATTEST: Ju is CeBartell, City erk CITY COUNCIL AGENDA ITEM 3A STAFF ORIGINATOR:Sarah Cotton, City Administrator MEETING DATE: April 25, 2022 TOPIC: Consider Resolution No. 22-45, Establishing the Compensation Plan for Part-Time Rookery Activity Center Personnel VOTE REQUIRED: 3/5 INTRODUCTION The City Council is being asked to consider approval of Resolution No. 22-45, Establishing the Compensation Plan for Part-Time Rookery Activity Center Personnel. BACKGROUND On June 28, 2001 the City Council accepted the Recreation and Aquatic Center Feasibility Study, prepared by ISG and during the work session on November 1, 2021 affirmed the opening of a Lino Lakes Recreation Center. The feasibility study includes recommendations regarding full-time and part-time staffing needs for the Rookery Activity Center. Staff has reviewed the hourly rates for part-time personnel included in the feasibility study, as well as hourly rates of pay for comparable positions in the metro area. Based on this review and to help ensure a successful recruitment effort, staff is recommending the following hourly rate ranges for part-time positions at the Rookery Activity Center: Range Range Position Title Min Max , Aquatic Fitness Instructor 21.00 $25.00 Aquatics Lead 16.00 $20.00 Child Watch Attendant 13.00 $15.00 Custodial Maintenance Worker 20.00 $25.00 Guest Services Representative 13.00 $15.00 Lifeguard 13.00 $17.00 Manager on Duty 16.00 $20.00 Recreation Attendant 10.50 $15.00 Swim Instructor 14.00 $20.00 RECOMMENDATION Staff is recommending approval of Resolution No. 22-45. ATTACHMENTS Resolution No. 22-45, Establishing the Compensation Plan for Part-Time Rookery Activity Center Personnel WS – Item 2 WORK SESSION STAFF REPORT Work Session Item 2 Date: July 10, 2023 To: City Council From: John Swenson, Public Safety Director Re: Minnesota Public Safety Aid Background The 2023 Tax Omnibus bill approved by the Minnesota legislature provides $300 million in December 2023 to townships, cities, counties, and tribal governments for public safety purposes. The Minnesota Department of Public Safety must determine and notify each government entity the amount of public safety aid the entity will receive by August 1, 2023. The funds must be disbursed to the entities no later than December 26, 2023. Based on the funding formula included in the legislation we anticipate that Lino Lakes will receive approximately $929,294 in public safety aid. Senator Gustafson, who was chief author of this legislation in the Senate, has previously provided information on what this public safety aid can be used for. Here is that information: • Money to provide public safety, including but not limited to community violence prevention and intervention programs, community engagement, mental health crisis responses, victim services, training programs, first responder wellness, or to pay other personnel or equipment costs. • Proceeds may not be used for employer contributions to the public employee’s police and fire fund if the entity received police state aid in the year immediately prior, or any costs associated with alleged wrongdoing or misconduct. • Proceeds may not be used for the purchase of an armored or tactical vehicle • Proceeds may not be used for the purchase of tear gas, chemical munitions, or substantially similar items • Proceeds may not be used for construction, reconstruction, remodeling, expansion, or improvement of a police station, including related facilities. For purposes of this clause, "related facilities" includes access roads, lighting, sidewalks, and utility components on or adjacent to the property on which the police station is located that are necessary for safe access to and use of the building. The decision related to the use of these one-time public safety dollars will affect the 2024, and possibly the 2025, Public Safety budgeting process; therefore staff is seeking Council direction on proposed uses of these funds. Staff is recommending that we establish a budget for these funds as follows: Digital Evidence (In-squad Camera and Body Worn Camera (BWC) with supporting infrastructure): Staff is proposing allocating up to $200,000.00 for the replacement of all in-squad and BWCs to include the backend servers as well as other required infrastructure. Our current system is nearing its end of life and we are experiencing a higher rate of failures with our cameras. The software platform, Panasonic Arbitrator, will no longer be supported by the vendor in December 2024. As part of the Capital Replacement Plan, we are scheduled to replace our digital evidence system in 2025. If we do not use the Public Safety Aid funds for the replacement of our digital evidence system, we will need to budget $30,500 in the 2024 budget to cover the immediate replacement needs for the failing components. Use of the Public Safety Aid funds for this purchase would enable the removal of the Digital Evidence replacement from the 2025 Capital Replacement Plan, which is currently budgeted at $150,000. Public Safety Wellness: In the fall of 2022, the Public Safety Department engaged with Provicta to enhance our employee wellness programing to: • Improve individual employee health and wellness. • Reduce the number of work related injuries. • Reduce the costs for work related injuries sustained by employer. • Utilize a data driven approach to wellness program in the Public Safety Department. • Expand one-on-one programming to all Public Safety Department staff. The large group wellness training are conducted as part of our Public Safety Department meetings and are available to all staff. The one-on-one wellness programming started in January 2023 and has improved employee wellness amongst our police staff. At this time, the one-on-one wellness offerings are only available to our police staff because of the restriction on use of forfeiture dollars, which is the funding mechanism for these offerings to police staff. In order to provide the one-on-one wellness offerings to all Public Safety staff, I propose using up $100,000 of the Public Safety Aid to fund this important wellness programming. Organizational Crisis Planning & Preparedness: Staff is proposing to allocate up to $25,000 to engage with Axtell Group to develop an organizational crisis response plan and conduct a series of table top exercises across the organization. The Axtell Group will work with staff to identify key stakeholders within the Public Safety Department, other City Departments, and elected officials. Roles and responsibilities would be created for stakeholders as they relate to the individuals’ role in the crisis response. The development of a crisis response plan will serve as a guide for staff and elected officials when such an event occurs. In order to ensure staff and elected officials are familiar with the crisis response plan and their role, a series of table top exercises will be conducted across the identified stakeholders. Fire Equipment for New Tenders: In September 2022, we entered into a contract to purchase two Tenders from Custom Fire and we anticipate that the new Tenders will be delivered in late 2023 or early 2024. In order to fully equipment these two new Tenders, equipment will need to be purchased totaling $156,280. Staff proposes to fund some of this purchase with proceeds from the sale of our current Tender 1 and Tender 2. Given the age of Tender 1 and Tender 2, staff does not believe that the proceeds from the sale of these Tenders will cover the cost of the new equipment. Staff proposes allocating up to $75,000 for the purchase of needed equipment for the new Tenders. Public Safety Personnel Retention & Recruitment: The Public Safety Department continues to experience staffing difficulties within both the Police and Fire Divisions. We have not been fully staffed with police and fire staff for several years and the number of applicants for police and fire positions continues to be low. These staffing challenges are wide spread throughout the Twin Cities metro area as well as throughout our nation. Staff proposes dedicating up to $300,000 to establish a Public Safety Retention & Recruitment program that focuses on a long-term strategy to retain current staff as well as recruitment initiatives that will enhance our pool of public safety applicants. Staff is currently researching options for this retention and recruitment programing that is authorized under current law and will achieve the retention of public safety staff long-term and recruit top talent. Future Public Safety Capital Equipment Funding: If members of Council are supportive of the proposed funding level detailed in this report, that would leave approximately $229,294 to offset future Public Safety Capital Equipment purchases. As more precise costs are determined for the proposed usages contained in this staff report, the amount available for future Public Safety Capital Equipment purchases will likely increase. Staff is seeking Council direction. Attachments None + Expenditures July 10, 2023 Check #118876 to #118965 $361,082.29 Electronic Funds Transfer MN Statute 471.38 Subd. 3 Council Meeting July 10, 2023 Transfer In/(Out) 6/23/2023 Payroll #13 (212,661.73) 6/23/2023 Payroll #13 Federal Deposit (57,888.62) 6/23/2023 Payroll #13 PERA (54,021.73) 6/23/2023 Payroll #13 State (12,657.80) 6/23/2023 Payroll #13 Child Support (923.22) 6/23/2023 Payroll #13 H.S.A. Bank Pretax (2,491.58) 6/23/2023 Payroll #13 TASC Pretax (1,154.45) 6/23/2023 Payroll #13 Mission Sq 457 Def. Comp #301596 (3,045.00) 6/23/2023 Payroll #13 Missin Sq Roth IRA #706155 (700.00) 6/23/2023 Payroll #13 MSRS HCSP #98946-01 (5,070.78) 6/23/2023 Payroll #13 MSRS Def. Comp #98945-01 (3,126.00) 6/23/2023 Payroll #13 MSRS Roth IRA #98945-01 (705.00) 6/28/2023 Payroll #14 Federal Deposit (288.00) 6/28/2023 Payroll #14 PERA (277.00) 6/28/2023 Payroll #14 H.S.A. Bank Pretax (96.15) 6/27/2023 Payroll #13 Return S. Menne 637.16 7/7/2023 Council #07 Payroll (3,487.69) 7/7/2023 Council #07 Federal Deposit (202.30) 7/7/2023 Council #07 PERA (387.16) 7/7/2023 Council #07 State (44.08) 7/3/2023 H.S.A. Employer Contribution (5,624.85) 7/3/2023 Payroll #13 S. Menne Resent ACH (637.16) 7/3/2023 Anoka County Tax Settlement 3,044,144.25 7/7/2023 Payroll #14 (210,674.88) 7/7/2023 Payroll #14 Federal Deposit (58,898.30) 7/7/2023 Payroll #14 PERA (55,455.62) 7/7/2023 Payroll #14 State (13,088.73) 7/7/2023 Payroll #14 Child Support (923.22) 7/7/2023 Payroll #14 H.S.A. Bank Pretax (2,335.43) 7/7/2023 Payroll #14 TASC Pretax (1,154.45) 7/7/2023 Payroll #14 Mission Sq 457 Def. Comp #301596 (3,045.00) 7/7/2023 Payroll #14 Missin Sq Roth IRA #706155 (700.00) 7/7/2023 Payroll #14 MSRS HCSP #98946-01 (4,982.41) 7/7/2023 Payroll #14 MSRS Def. Comp #98945-01 (3,126.00) 7/7/2023 Payroll #14 MSRS Roth IRA #98945-01 (705.00) CITY COUNCIL AGENDA ITEM 1B STAFF ORIGINATOR: Jolleen Chaika, City Clerk MEETING DATE: July 10, 2023 TOPIC: Consider Approval of Resolution 23-60, Approval of Permits for St. Joseph’s Annual Parish Festival VOTE REQUIRED: Simple Majority (3/5 Vote Required) INTRODUCTION: St. Joseph’s Catholic Church has applied for a Special Event Permit, Cabaret License, Temporary On-Sale License for their annual Parish Festival. The event is scheduled for August 12-23, 2023 and will include games, food, bands, a silent auction, and a bar. BACKGROUND: The applications have been reviewed by staff, including the Public Safety Department. A Certificate of Insurance has been submitted by St. Joseph’s Catholic Church to the City for this event. The full applications are on file in the Clerk’s Office for review. RECOMMENDATION: Approve Resolution No. 23-60 authorizing issuance of a Special Event Permit, a Cabaret License, and a Temporary On-Sale Liquor License for St. Joseph’s Catholic Church ATTACHMENTS: Resolution 23-60 CITY OF LINO LAKES RESOLUTION NO. 23-60 AUTHORIZING A SPECIAL EVENT PERMIT, CABARET LICENSE, TEMPORARY ON-SALE LIQUOR LICENSE FOR ST. JOSEPH’S CATHOLIC CHURCH WHERAS, St. Joseph’s Catholic Church has applied for a Special Event Permit, a Cabaret License, and a Temporary On-Sale Liquor License for the annual parish festival on August 12-13, 2023; and, WHERAS, the event plan includes two days of music, food, beverages, and games; and, WHEREAS, proof of general liability insurance has been submitted by St. Joseph’s Catholic Church to cover all events held on the church property; and, WHEREAS, hired security will be onsite during the event and wrist bands will be required for any sale of alcoholic beverages; and, WHEREAS, city staff has reviewed the applications as well as event site plan for compliance with city ordinance and regulations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota: That the City Council authorizes issuance of a Special Event Permit, a Cabaret License, and a Temporary On-Sale Liquor License to St. Joseph’s Catholic Church for August 12-23, 2023. Adopted by the Council of the City of Lino Lakes this 10th day of July, 2023. ________________________ Rob Rafferty, Mayor ATTEST: ________________________Jolleen Chaika, City Clerk CITY COUNCIL AGENDA ITEM 1C STAFF ORIGINATOR: Jolleen Chaika, City Clerk MEETING DATE: July 10, 2023 TOPIC: Consider Approval of Resolution 23-61, Approval of a Special Event Permit for Living Waters Church VOTE REQUIRED: Simple Majority (3/5 Vote Required) INTRODUCTION: Living Waters Church has applied for a Special Event Permit for the church’s annual Outdoor Summer Festival. The event is scheduled for August 10, 2023 and will include games, a kid’s DJ, and food trucks. BACKGROUND: The applications have been reviewed by staff, including the Public Safety Department. Safety recommendations for the food trucks have been incorporated into the resolution and provided to the applicant. The full application is on file in the Clerk’s Office for review. RECOMMENDATION: Approve Resolution No. 23-61 authorizing issuance of a Special Event Permit for Living Waters Church. ATTACHMENTS: Resolution 23-61 CITY OF LINO LAKES RESOLUTION NO. 23-61 AUTHORIZING A SPECIAL EVENT PERMIT FOR LIVING WATERS CHURCH WHERAS, Living Waters Church has applied for a Special Event Permit for the annual Outdoor Summer Festival on August 10, 2023 from 6:00 PM – 8:00 PM; and, WHERAS, the event plan includes music, food, and games; and, WHEREAS, proof of general liability insurance has been submitted by Living Waters Church to cover all events held on the church property; and, WHERAS, the Public Safety Department has reviewed plans for the event and requires the following of food truck vendors: • Clearance from buildings, combustible materials, and other vehicles (Food Trucks) is 10’ • The fire department must have vehicular access, fire lanes, and access roads clear of obstructions to the food trucks • Ensure clearance is provided for the fire department to access fire hydrants and access to fire department connections • Class K fire extinguisher must be present for cooking fires in each food truck • Minimum of on 2A 10BC extinguisher present in each food truck for ordinary fires • Engine Driven Power Sources must be clear of any air intake by 12’ on the food truck • Engine Driven Power Sources must be 12’ from any egress; and, WHEREAS, the food truck vendors are required to contact the Anoka County Environmental Services at 763-324-4260 for permission to operate in the City; and, WHEREAS, city staff has reviewed the applications as well as event site plan for compliance with city ordinance and regulations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota: That the City Council authorizes issuance of a Special Event Permit for Living Waters Church for August 10, 2023. Adopted by the Council of the City of Lino Lakes this 10th day of July, 2023. ________________________ Rob Rafferty, Mayor ATTEST: ________________________ Jolleen Chaika, City Clerk CITY COUNCIL AGENDA ITEM 1D STAFF ORIGINATOR: MEETING DATE: TOPIC: VOTE REQUIRED: Jolleen Chaika, City Clerk July 10, 2023 Resolution 23-70 Approving the 3.2 Off-Sale License and Tobacco License Request for Kwik Trip, Inc. 3/5 INTRODUCTION Kwik Trip, Inc will be opening a new convenience store and gas station in Lino Lakes on August 1, 2023 and has requested a 3.2 Off-Sale Liquor License to allow for the sale of 3.2% ABV beverages for patrons. Additionally, Kwik Trip Inc has requested a Tobacco License to allow for the sale of tobacco and nicotine products. BACKGROUND Kwik Trip, Inc. has submitted the requisite applications, including site plan, insurance coverage verification, and has also completed a background investigation. Staff has reviewed the submitted application, the background investigations have been conducted, and applicant has paid required fees. No disqualifying factors were identified for any of the applicants. The full license application is on file in the Clerk’s Office and available for review. RECOMMENDATION Approve Resolution 23-70 granting a new 3.2 Off-Sale Liquor License and Tobacco License to Kwik Trip, Inc. for the period of August 1, 2023 through June 30, 2024. ATTACHMENTS Resolution 23-70 CITY OF LINO LAKES RESOLUTION NO. 23-70 Approving the 3.2 Off-Sale Liquor License and Tobacco License for Kwik Trip WHEREAS, Kwik Trip, Inc. will be opening a convenience store and gas station in Lino Lakes on August 1, 2023; and, WHEREAS, Kwik Trip, Inc. has submitted applications for a 3.2 Off-Sale Liquor License and a Tobacco License; and WHEREAS, the City Council is required to review and approve or deny requests for liquor licenses and tobacco licenses; and, WHEREAS, City staff has reviewed the submitted applications and verified that local licensing regulations are met; and, WHEREAS, the Lino Lakes Public Safety Department has conducted the requisite background investigations for license applicants; and, WHEREAS, City Staff recommends approval of the requested licenses. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: The City of Lino Lakes hereby approves the 3.2 Off-Sale liquor license and Tobacco License for Kwik Trip, Inc., with said approval contingent upon meeting all city and state requirements for said licenses. Adopted by the Council of the City of Lino Lakes this 10th day of July, 2023. ________________________ Rob Rafferty, Mayor ATTEST: ________________________ Jolleen Chaika, City Clerk CITY COUNCIL AGENDA ITEM 3A STAFF ORIGINATOR: Meg Sawyer, Human Resources and Communications Manager MEETING DATE: July 10, 2023 TOPIC: Appointment of Community Service Officer VOTE REQUIRED: 3/5 INTRODUCTION The Council is being asked to approve the appointment of Kara McGregor for the vacant Community Service Officer position. BACKGROUND There is currently a Community Service Officer vacancy within the Public Safety Department. At this time, staff has completed the recruitment process, provided a conditional offer, and is recommending the approval of Kara McGregor for the position. McGregor is enrolled in a criminal justice program seeking a BS in Criminal Justice and serves in the US Army Reserve as Military Police. The hourly rate would be $23.88, which is the starting rate of the AFSCME Labor Contract. The wage schedule has six steps. With the Council’s approval, McGregor would start in the position of Community Service Officer on July 31, 2023. RECOMMENDATION Please approve the appointment of Kara McGregor to the Community Service Officer position. CITY COUNCIL AGENDA ITEM 3B STAFF ORIGINATOR: Meg Sawyer, Human Resources and Communications Manager MEETING DATE: July 10, 2023 TOPIC: Appointment of Accounting Clerk II VOTE REQUIRED: 3/5 INTRODUCTION The Council is being asked to approve the appointment of LeighAnne Sachi for the vacant Accounting Clerk II position. BACKGROUND There is currently an Accounting Clerk II vacancy within the Finance Department. At this time, staff has completed the recruitment process, provided a conditional offer, and is recommending the approval of LeighAnne Sachi for the position. Sachi has over 15 years’ experience in accounting and processing payroll. She worked as the Senior Accountant for Gaughan Companies from October of 2020 until March of 2023. The hourly rate would be $31.26 which is Step 3 in the AFSCME labor contract. The wage schedule has six steps. With the Council’s approval, Sachi would start in the position of Accounting Clerk II on July 13, 2023. RECOMMENDATION Please approve the appointment of LeighAnne Sachi to the Accounting Clerk II position. CITY COUNCIL AGENDA ITEM 6A STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: July 10, 2023 TOPIC: Bluebill Ponds Second Addition i. Consider Resolution No. 23-62 Approving Final Plat ii. Consider Resolution No. 23-63 Approving Development Agreement VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council consideration of the above noted resolutions. Complete Application Date: May 15, 2023 60-Day Review Deadline: July 14, 2023 120-Day Review Deadline: September 12, 2023 Planning & Zoning Board Meeting: June 14, 2023 City Council Work Session: July 10, 2023 City Council Meeting: July 10, 2023 BACKGROUND The applicants, Steve and Rye Gaustad, represent House of Praise, Inc. They are final platting a one (1) acre outlot into a lot for the purpose of constructing one (1) single family house. The name of the final plat is Bluebill Ponds Second Addition. The Land Use Application is for the following: • Final Plat This staff report is based on the following information: • Sheet S1, Boundary Survey/Preliminary Plat prepared by Kurth Surveying, Inc. revision date May 5, 2023 • Bluebill Ponds 2nd Addition Final Plat prepared by Kurth Surveying, Inc. received May 8, 2023 • Bluebill Ponds 2nd Addition Civil Plan Set prepared by Plowe Engineering, Inc. dated May 5, 2023 • Bluebill Ponds 2nd Addition Landscape Plan prepared by Plowe Engineering, Inc. dated May 5, 2023 • Soil Report prepared by ITCO Allied Engineering Co. dated May 12, 2023 • Wetland Delineation Report prepared by Jacobson Environmental, PLLC dated May 1, 2023 ANALYSIS History The subject site is legally described as Outlot A, Bluebill Ponds. The outlot was platted in 2000 as part of the 77 lot Bluebill Ponds single family residential development. The developer, Heritage Development, deeded the outlot to House of Praise in exchange for land to access CSAH 14 (Main Street). House of Praise then owned three (3) parcels (PID#08-31-22-21-0006, #08-31-22-21-0002, and #08-31-22-21-0084). In 2022, House of Praise deeded PID#08-31-22- 21-0006 (566 Main St church) to Bethel Moldovian Baptist Church. Existing Site Conditions The one (1) acre site is located on Woodduck Trail and will be addressed 580 Woodduck Trail. The site is currently vacant residential land with grass and trees. Groundwater was encountered at 10-13ft. Topography is general flat. Per Sheet S1, Boundary Survey/Preliminary Plat, there are two (2) encroachments (shed and concrete pad) from 566 Main Street on the subject site. The shed shall be relocated onto 566 Main Street. A Zoning Permit is required. The deck/stairs concrete pad shall either be relocated or an Encroachment Agreement shall be drafted by the applicant and recorded against the property. If the concrete pad is proposed to be relocated, the owner shall submit a building permit and construction plan prepared by a licensed architect. PID# 08-31-22-21-0002 is a 10 foot wide strip of land adjacent to 566 Main Street owned by House of Praise, Inc. This parcel shall be deeded to 566 Main Street (Bethel Moldovian Baptist Church) and combined into one (1) parcel. Zoning and Land Use The parcel is zoned R-1, Single Family Residential and allows for single family detached dwellings as a permitted use. Current Zoning R-1, Single Family Residential Current Land Use House of Worship Future Land Use per CP Low Density Residential Utility Staging Area 1A=2018-2025 Surrounding Zoning and Land Use Direction Zoning Existing Land Use Future 2040 Land Use North R-1 Rural Residential & House of Worship Low Density Residential South R-1 Single Family Residential Low Density Residential East R-1 Single Family Residential Low Density Residential West R-1 Single Family Residential Low Density Residential Subdivision Ordinance Conformity with the Comprehensive Plan and Zoning Code The final plat is consistent with the comprehensive plan for low density residential development and zoning code requirements for R-1, Single Family Residential as detailed below. No building permits can be issued for an outlot and hence the need to final plat into a lot and block. Blocks and Lots Outlot A, Bluebill Ponds was platted in 2000 as part of the 77 lot Bluebill Ponds single family residential development. The proposed final plat contains Lot 1, Block 1, Bluebill Ponds 2nd Addition. Parcel Acres Purpose Lot 1, Block 1 1.00 Single Family House Streets and Alleys No new streets are being constructed with the final plat. Driveway access will be from Woodduck Trail, a minor collector road. CSAH 14 (Main Street) is a Principal Arterial road. Both roads are capable of handling traffic from one (1) single family home. Easements Standard drainage and utility easements at least 10 feet wide have been provided along the west, east, and south lot lines. A 10 foot drainage and utility easement shall be provided along the north lot line. These easements shall be shown on all plan sheets. Public Land Dedication Park dedication fees were paid in full with the development of Bluebill Ponds based on value of 10% of the development’s total area which included Outlot A. No additional park dedication fees are required. Site and Building Plan Review Site Plan Building requirements for the single family home will be reviewed in the future with submittal of a complete building permit application. Lot Size and Setbacks The parcel is an existing outlot platted in 2000. R-1 Requirements Lot 1, Block 1 Bluebill Ponds 2nd Addition Min. Lot Size 10,800 sf 45,560 sf Min. Lot Width 80 ft 102 ft Min. Lot Depth 135 ft 390 ft Setbacks-Street Right-of-Way Required Proposed Principal Building-Woodduck Trail (minor collector) 30 ft 30 ft Setbacks-Rear Lot Line Required Proposed Principal Building 30 ft 300 ft Setbacks-Side Lot Line Required Proposed Principal Building 10 ft 25 & 33 ft Grading Plan and Stormwater Management Per the City Engineer Memo dated June 7, 2023, stormwater management for the site was addressed as part of the original Bluebill Ponds development. No additional water treatment is required with the site. Public Utilities The single family home will be municipally served by an 8” sanitary sewer main and an 8” watermain located along Woodduck Trail. Tree Preservation and Mitigation Standards A tree inventory is not required because the only tree removals proposed are within the basic use area. Open Areas Landscape Standards The single family lot does not require open area landscaping. Buffer and Screen Standards The single family lot does not require buffer and screening. Canopy Cover The single family lot does not require canopy cover. Foundation Landscaping The single family lot does not require foundation landscaping. Sod and Ground Cover Standards All areas not otherwise improved in accordance with the approved site plans shall have a minimum depth of 4 inches of topsoil and be sodded including boulevard areas. Seed may be provided in lieu of sod in certain cases, including when the area is adjacent to natural areas or wetlands. The area at the base of the infiltration basin will be seeded with MN DOT 33-261 stormwater mix. The rest of the site will be turf sod, aside from an area northwest of the infiltration basin that is scheduled for native seeding, though the mix is not specified. Boulevard Trees One (1) boulevard tree is required and it should be a bur oak. Signage No signage is anticipated with construction of a single family house. Impervious Surface Coverage The proposed impervious surface coverage is approximately 8% which is less than the maximum allowed 65%. Traffic Study A formal traffic study is not required. Driveway access will be from Woodduck Trail, a minor collector road. CSAH 14 (Main Street) is a Principal Arterial road. Both roads are capable of handling traffic from one (1) single family home. Environmental Review No environmental assessment is required for a single family house. Wetlands A wetland delineation report was completed by Jacobson Environmental, PLLC on May 1, 2023. A WCA Notice of Decision shall be issued by RCWD prior to release of the final plat. Per the report, one basin was delineated outside of the project area on the lot to south of the subject site. No impacts to this wetland are proposed. The wetland is not part of the Wetland Management Corridor so no wetland buffer is required. Shoreland District The site is not in the Shoreland Management District Overlay of Rice Lake. Floodplain There is no FEMA floodplain on site. Additional City and Government Agency Review Comments Public Safety Comments Public Safety had no comments on the final plat. City Attorney The City Attorney reviewed the title commitment and final plat and had no comments. Agreements Stormwater Maintenance Agreement A stormwater maintenance agreement is not applicable for this site. Development Agreement A Development Agreement will be drafted by the City as it relates to the final plat. Comprehensive Plan Resource Management System The Resource Management System Plan goal of preserving surface water quality is supported by the construction of stormwater management BMP’s such as curb, gutter, and stormwater pond. Land Use Plan The Comprehensive Plan guides this property for low density residential use. The proposed final plat for a single family house is consistent with low density residential land use. Housing Plan The goals and policies of Housing Plan are met with the proposed final plat for a single family house. Transportation Plan Goals of the Transportation Plan are to ensure that street and roads are as safe as possible and to reduce unnecessary traffic. Woodduck Trail is a minor collector road and CSAH 14 (Main Street) is a Principal Arterial road. Both roads are capable of handling traffic from one (1) single family home. Sanitary Sewer and Water Supply Plan The proposed final plat for a single family house will be municipally served by an 8” sanitary sewer main and an 8” watermain located along Woodduck Trail. The existing sanitary sewer and water supply system have capacity for one (1) single family house. Findings of Fact The Findings of Fact for Bluebill Ponds 2nd Addition Final Plat are detailed in Resolution No. 23-62. RECOMMENDATION The Planning & Zoning Board reviewed the Bluebill Ponds 2nd Addition Final Plat on June 14, 2023 and recommended approval with a 7-0 vote. ATTACHMENTS 1. Resolution No. 23-62 2.Final Plat 3. Resolution No. 23-634.Development Agreement CITY OF LINO LAKES RESOLUTION NO. 23-62 RESOLUTION APPROVING BLUEBILL PONDS SECOND ADDITION FINAL PLAT WHEREAS, the City received a land use application for Bluebill Ponds Second Addition Final Plat approval hereafter referred to as Development; and WHEREAS, City staff completed review of the proposed Development based on the following plans and information: •Sheet S1, Boundary Survey/Preliminary Plat prepared by Kurth Surveying, Inc. revision date May 5, 2023 •Bluebill Ponds 2nd Addition Final Plat prepared by Kurth Surveying, Inc. received May8, 2023 •Bluebill Ponds 2nd Addition Civil Plan Set prepared by Plowe Engineering, Inc. datedMay 5, 2023 •Bluebill Ponds 2nd Addition Landscape Plan prepared by Plowe Engineering, Inc. datedMay 5, 2023 •Soil Report prepared by ITCO Allied Engineering Co. dated May 12, 2023 •Wetland Delineation Report prepared by Jacobson Environmental, PLLC dated May 1,2023; and WHEREAS, the City Council the approved the Bluebill Ponds preliminary plat September 11, 2000; and WHEREAS, the Planning & Zoning Board reviewed and recommended approval of the Development on June 14, 2023; 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: FINDINGS OF FACT 1. The final plat substantially conforms to the approved preliminary plat subject to theconditions listed below. 2.The City Attorney reviewed the status of title/property ownership related to the final plat. 3.A Development Agreement has been drafted and shall be executed.4. Conditions attached to approval of the preliminary plat have been fulfilled or secured bythe Development Agreement.5. All fees, charges and escrow related to the preliminary or final plat have been paid in full. Attachment 1: Resolution No. 23-62 BE IT FURTHER RESOLVED the following items shall be addressed prior to release of final plat mylars: 1. As shown on Sheet S1, Boundary Survey/Preliminary Plat prepared by Kurth Surveying,Inc. revision date May 5, 2023, the following encroachments shall be corrected:a.The shed encroaching onto the subject site shall be relocated onto 566 Main Streetproperty. i.A Zoning Permit is required. b.The deck/stairs concrete pad shall either be relocated or an EncroachmentAgreement shall be drafted by the applicant and recorded against the property.i.If the concrete pad is proposed to be relocated, the owner shall submit abuilding permit and construction plan prepared by a licensed architect. 2. PID# 08-31-22-21-0002 shall be deeded to PID# 08-31-22-21-0006 (566 Main Street- Bethel Moldovian Baptist Church) and combined into one (1) parcel.3.A Development Agreement shall be executed.4. A WCA Notice of Decision shall be issued by RCWD.5. All comments from the City Engineer Memo dated June 7, 2023 shall be addressed. 6. All comments from the Environmental Coordinator Memo dated June 7, 2023 shall be addressed.7. All plan sheets and final plat shall show a 10 ft wide drainage and utility easement alongthe north lot line.8. Sheet S1, Boundary Survey/Preliminary Plat: a.Above Current Zoning, add 2040 Comprehensive Plan: Low Density Residential b. Change Impervious Surface To Not Exceed to 65%.9. Sheet L1, Landscape Plan shall be signed by a professional landscape architect orengineer and dated. BE IT FURTHER RESOLVED the following items shall be addressed prior to issuance of any single family home building permit: 1. Copies of the following executed and recorded documents shall be submitted to the City:a. Encroachment Agreement Adopted by the City Council of the City of Lino Lakes this 10th day of July 2023. _______________________________ Rob Rafferty, Mayor ATTEST: ________________________ Jolleen Chaika, City Clerk Attachment 2: Final Plat CITY OF LINO LAKES RESOLUTION NO. 23-63 RESOLUTION APPROVING BLUEBILL PONDS SECOND ADDITION DEVELOPMENT AGREEMENT WHEREAS, on July 10, 2023 the City Council passed Resolution No. 23-62 approving Bluebill Ponds Second addition Final Plat; and WHEREAS, the City’s subdivision ordinance and conditions of approval require the execution of a development agreement between the Developer and the City of Lino Lakes NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes approves the Development Agreement between Steve Gaustad and the City of Lino Lakes for Bluebill Ponds Second Addition and authorizes the Mayor and City Clerk to execute such agreement on behalf of the City Adopted by the City Council of the City of Lino Lakes this 10th day of July 2023. _______________________________ Rob Rafferty, Mayor ATTEST: ________________________ Jolleen Chaika, City Clerk Attachment 3: Resolution No. 23-63 DEVELOPMENT AGREEMENT Bluebill Ponds 2nd Addition THIS AGREEMENT is made this _____ day of ____________, 2023, by and between the City of Lino Lakes (“City”), a Minnesota municipal corporation, and House of Praise Inc., and Minnesota Non-Profit Corporation (“Developer”). 1.Subdivision. Developer received final plat approval from the City by Resolution No. 23-62 for a plat known as Bluebill Ponds 2nd 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 Bluebill Ponds 2nd Addition is contingent upon execution and delivery of this agreement, all required petitions, bonds, security, and other documents required by the City, and satisfaction of all conditions of approval required by Resolution No. 23-62. The Final Plat including 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. Not applicable, the lot cannot be further subdivided. 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.Bluebill Ponds 2nd Addition Civil Plan Set prepared by Plowe Engineering, Inc. dated May 5, 2023 ii.Bluebill Ponds 2nd Addition Landscape Plan prepared by Plowe Engineering, Inc. dated May 5, 2023 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 Attachment 4: Development Agreement Bluebill Ponds 2nd Addition Development Agreement July 10, 2023 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 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. Bluebill Ponds 2nd Addition Development Agreement July 10, 2023 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. Not applicable. 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. Not applicable. e. Storm sewers, when determined to be necessary by the City Engineer, including all necessary laterals, catch basins, inlets and other appurtenances, shall be furnished and installed. f. Sanitary sewer mains, laterals or extensions, including all necessary building services and other appurtenances, shall be furnished and installed. g. Water mains, laterals or extensions, including all necessary building services, hydrants, valves and other appurtenances, shall be furnished and installed. h. The Developer shall place iron monuments at all lot, block, and outlot corners and at all other angle points on boundary lines consistent with the final plat. Iron monuments shall be placed after all street and lawn grading has been completed in order to preserve the lot markers for future property owners. Lot corner irons on the back property line shall be installed so that the top of the iron corresponds to the finished ground elevation in accordance with the Bluebill Ponds 2nd Addition Development Agreement July 10, 2023 page 4 approved grading plan. Guard stakes shall be appropriately installed to mark these irons. i. Landscaping shall be furnished and installed in accordance with the approved plans. The 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. Not applicable. 7. Time of Performance. The Developer shall install all required improvements enumerated in Paragraph 6 by November 30, 2024. 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 Bluebill Ponds 2nd Addition Development Agreement July 10, 2023 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. Bluebill Ponds 2nd Addition Development Agreement July 10, 2023 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 Bluebill Ponds 2nd Addition Development Agreement July 10, 2023 page 7 iv. Street lighting installation (by utility company, developer to initiate) v. Boulevard tree planting vi. Street, storm sewer and pond maintenance vii. Property Taxes. Should the recording of the Final Plat occur after July 1st, any and all property taxes on any public property dedicated as a part of this plat shall be the responsibility of the Developer. b. If the above escrow amounts are insufficient, the Developer shall make such additional deposits as required by the City. The City shall have a right to reimburse itself from the Escrow with suitable documentation supporting the charges. 16. Developer Fees. At the time of execution of this Agreement, the Developer shall pay the following fees related to the development of the Subdivision (See Exhibit B for breakdown of costs): a. Park Dedication. Not applicable. 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. Not applicable. c. GIS Mapping Fees d. Trunk Sewer Connection Fees The City established trunk utility connection fees to uniformly distribute the costs of public trunk sanitary sewer infrastructure. The Trunk Utility Connection Fee consists of two components; a Trunk Charge and an Availability Charge. Trunk Charge The trunk charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. Residential trunk charges are based on one unit per dwelling unit. Sanitary Sewer $1,695.00 Per Unit Availability Charge For residential properties, the availability charge shall be paid at the time of Bluebill Ponds 2nd Addition Development Agreement July 10, 2023 page 8 subdivision approval or at the time of hook-up, whichever is first. Residential uses shall be assigned one unit per dwelling unit. City Sewer (CSAC) $1,586.00 Per SAC Unit Trunk sewer unit charges addressed under this paragraph are in addition to any SAC charges imposed by Metropolitan Council Environmental Services. An estimate of the total charge and the trunk utility credit for developer installed trunk oversizing is specified in Exhibit B. e. Trunk Water Connection Fees The City established trunk utility connection fees to uniformly distribute the costs of public trunk water infrastructure. The Trunk Utility Connection Fee consists of two components; a Trunk Charge and an Availability Charge. Trunk Charge The trunk charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. Residential trunk charges are based on one unit per dwelling unit. Water $2,435.00 Per Unit Availability Charge For residential properties, the availability charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. Residential uses shall be assigned one unit per dwelling unit. City Water (CWAC) $1,532.00 Per SAC Unit An estimate of the total charge and the trunk utility credit for developer installed trunk oversizing is specified in Exhibit B. f. Surface Water Management Area Charges The City established a trunk area charge to uniformly distribute the costs of public trunk surface water infrastructure and water quality improvements. The Surface Water Management Charge shall be based on developable acreage, in the amount specified in Exhibit B. The charge shall be paid at the time of subdivision approval. Bluebill Ponds 2nd Addition Development Agreement July 10, 2023 page 9 17. Assessment of Charges and Waiver of Rights. a. In consideration of the construction of City Improvements listed in Section 7 and /or provision of sewer, water and storm water services, the Developer agrees that the costs of City Improvements together with Trunk Sewer Unit Charge, Trunk Water Unit Charge and the Surface Water Management Area Charge (collectively, “the Charges”) may be assessed against the Subdivision parcels. The Developer hereby waives any and all procedural and substantive objections to the special assessments, including notice and hearing requirements, any claim that the assessments exceed the benefit to the properties, and any right to appeal. b. Unless the Developer pays the entire balance owed for the Charges contemporaneously with the execution of this Agreement, the Developer shall provide to the City a cash escrow or irrevocable letter of credit in an amount equal to 35% of the total assessments for the Charges as estimated by the City Engineer (see Exhibit B). The letter of credit shall be in a form, and from a bank, as approved by the City. The letter of credit or cash escrow may be used by the City upon default by Developer in the payment of special assessments. The cash escrow or letter of credit shall remain in place throughout the term of the special assessments. The letter of credit may not be terminated without the City’s written consent. c. Developer, its heirs, successors or assigns, agrees that within 30 days after the date of sale of a lot, the Developer, its heirs, successors or assigns, at its own cost and expense, shall pay the entire unpaid charges assessed or to be assessed under this Agreement against such property. d. If a certificate of occupancy is issued before the special assessments have been levied, the Developer, its heirs, successors or assigns shall pay the City the sum of cash equal to 120% of the Engineer's estimate of the special assessments for such Charges that would be levied against the property. Upon such payment the City shall issue a certificate showing the assessments are paid in full. Notwithstanding the issuance of said certificate, the Developer shall be liable to the City for any deficiency and the City shall pay the Developer any surplus arising from the payment based upon such estimate. e. Acceleration of Special Assessments upon Default. In the event the Developer violates any of the covenants, conditions or agreements herein, violates any ordinance, rule or regulation of the City, County of Anoka, State of Minnesota or other governmental entity having jurisdiction over the plat or development, or fails to pay when due any installment of any special assessment levied pursuant to this agreement, or any interest thereon, the City at its option, in addition to its rights and remedies hereunder, after 10 days written notice to the Developer, Bluebill Ponds 2nd Addition Development Agreement July 10, 2023 page 10 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. Not applicable. No building permits shall be issued until: a. Site grading, certified compaction testing, City sewer, water, storm sewer, and bituminous base construction of the streets, temporary street signs, gas, electric, telecommunication, cable and internet are installed and approved by the City, except as provided below i. Model Homes: Structures may be installed as model homes consistent with City ordinance upon approval of the final plat. A record drawing of the site grading for the model home lots shall be submitted prior to issuance of building permits for the model homes. ii. If any building permits for model homes are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, the Developer, its contractors, subcontractors, material men, employees, agents or third parties. Any such costs shall be reimbursed from Developer’s escrow. 19. Special Provisions. a. The following encroachments shall be corrected: Bluebill Ponds 2nd Addition Development Agreement July 10, 2023 page 11 i. The shed encroaching onto the subject site shall be relocated onto 566 Main Street property. ii. The deck/stairs concrete pad shall either be relocated or an Encroachment Agreement shall be drafted by the applicant and recorded against the property. b. PID# 08-31-22-21-0002 shall be deeded to PID# 08-31-22-21-0006 (566 Main Street-Bethel Moldovian Baptist Church) and combined into one (1) parcel. c. Hours of Construction Activity. All construction activity shall be limited to the hours as follows: Monday through Friday 7:00 a.m. to 7:00 p.m. Saturday 9:00 a.m. to 5:00 p.m. Sunday and Holidays No working hours allowed 20. Insurance. Developer or its general contractor shall take out and maintain until one year after the City accepted the Developer Improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's or general contractor’s work, as the case may be, or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than Five Hundred Thousand and no/100 ($500,000.00) Dollars for one person and Two Million and no/100 ($2,000,000.00) Dollars for each occurrence; limits for property damage shall be not less than One Million and no/100 ($1,000,000.00) Dollars for each occurrence; or a combination single limit policy of Two Million and no/100 ($2,000,000.00) Dollars or more. The City, its employees, its agents and assigns shall be named as an additional insured on the policy, and the Developer or its general contractor shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. 21. Developer’s Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, including but not limited to attorney and engineering fees, provided the Developer is first given notice of the work in default, not less than 48 hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, levy the cost in whole or in part as a Bluebill Ponds 2nd Addition Development Agreement July 10, 2023 page 12 special assessment against the Subject Property. Developer waives its rights to notice of hearing and hearing on such assessments and its right to appeal such assessments pursuant to Minnesota Statutes, chapter 429. 22. General. a. Binding Effect 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. Steve Gaustad House of Praise Inc. 545 Constance Blvd NW Andover, MN 55304 Community Development Director City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 Bluebill Ponds 2nd Addition Development Agreement July 10, 2023 page 13 23. Land Use Controls - Planned Unit Development. Not Applicable. Bluebill Ponds 2nd Addition Development Agreement July 10, 2023 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 ____________, 2023, 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 ____________, 2023, by Jolleen Chaika as City Clerk of the City of Lino Lakes on behalf of said City. _______________________________ Notary Public Bluebill Ponds 2nd Addition Development Agreement July 10, 2023 page 15 THIS PAGE INTENTIONALLY LEFT BLANK Bluebill Ponds 2nd Addition Development Agreement July 10, 2023 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 _______________, 2023, 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 Bluebill Ponds 2nd Addition Development Agreement July 10, 2023 page 17 CONSENT AND SUBORDINATION _____________________________, the holder of a mortgage dated ___________________, filed for record with the County Recorder, Anoka County, Minnesota, on _________________, as Document No. _____________________, hereby consents to the recording of this Development Agreement and agrees that its rights in the property affected by the Development Agreement shall be subordinated thereto. IN WITNESS WHEREOF, __________________, has caused this Consent and Subordination to be executed this _____ day of ______________, 2023. ______________________________________ By: Its: STATE OF MINNESOTA ) ) SS COUNTY OF __________ ) On this _______ day of _______________, 2023, before me, a Notary Public within and for said County, personally appeared _______________________, who executed the foregoing instrument. ______________________________ Notary Public Bluebill Ponds 2nd Addition Development Agreement July 10, 2023 page 18 EXHIBIT A Final Plat Bluebill Ponds 2nd Addition Development Agreement July 10, 2023 page 19 EXHIBIT B Securities, Escrows & Fees 6/28/2023 EXHIBIT B Securities, Escrows & Fees PROJECT: Bluebill Ponds 2nd Addition NUMBER OF REU's:1 APPLICANT: House of Praise Inc.NO. OF LOT FRONTAGES 1 AREA (ACRES):1 IMPROVEMENTS COST DEVELOPER IMPROVEMENT COSTS (Public) SITE GRADING $0 EROSION CONTROL $0 LANDSCAPING $0 RESTORATION $0 STORM SEWER CONST.$0 SANITARY SEWER CONST.$0 WATERMAIN CONST.$0 LIGHTING $0 Total $0 Letter of Credit Amount X 150%$0 ESCROW for CITY'S COSTS PLANNING/ REVIEW $0 ADMINISTRATION $0 ENGINEER PLAN REVIEW $800 ENGINEER CONSTRUCTION SERVICES $2,800 PROJECT FINAL DOCUMENTS & CITY ENGINEER $1,200 STREET LIGHT INSTALLATION $0 STREET & STORMWATER MAINTENANCE $500 PROPERTY TAXES $0 BOULEVARD TREE PLANTING $485 Total $5,785 DEVELOPMENT FEES PARK DEDICATION $0 PARK DEDICATION CREDIT $0 Subtotal Park Dedication Fee $0 AUAR $0 GIS MAPPING FEE $0 STREET LIGHTING OPERATION $0 Total $0 TRUNK SANITARY SEWER TRUNK CHARGE PER (ACRE OR UNIT)$1,695 AVAILABILITY CHARGE PER SAC UNIT $1,586 TRUNK SANITARY SEWER CREDIT $0 TRUNK WATERMAIN TRUNK CHARGE PER (ACRE OR UNIT)$2,435 AVAILABILITY CHARGE PER SAC UNIT $1,532 TRUNK WATERMAIN CREDIT $0 TOTAL TRUNK SEWER & WATER FEES $7,248 SURFACE WATER MANAGEMENT $1,933 SURFACE WATER MANAGEMENT CREDIT $0 TOTAL SURFACE WATER MANAGEMENT FEES $1,933 Total $9,181 SUMMARY OF SECURITIES, ESCROW & FEES SECURITY: DEVELOPER IMP'MENT COSTS $0 ESCROW FOR CITY COSTS $5,785 DEVELOPMENT FEES $0 SECURITY: TRUNK FEES $9,181 CITY COUNCIL AGENDA ITEM 6B STAFF ORIGINATOR: Michael Grochala, Community Development Director MEETING DATE: July 10, 2023 TOPIC: Consideration of Resolution No. 23-68, Approving Joint Powers Agreement with the City of Columbus, Scannell Properties AUAR VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting council approval of a Joint Powers Agreement (“JPA”) with the City of Columbus for Scannell Properties Environmental Review. BACKGROUND Scannell Properties, a nation development company, is considering the possible development of approximately 325 acres located in both Lino Lakes and the City of Columbus. The project could include up to 3.5 million square feet of industrial development. The development of the industrial park requires environmental review under state law. While the location is covered, in part, by the City’s I-35E Corridor Alternative Urban Area-wide Review (“AUAR”) document, Scannell has chosen to prepare an AUAR specific to their site. The AUAR process anticipates only one unit of government will act as the Responsible Governmental Unit (“RGU”) for the AUAR. Since the majority of the development is proposed within Lino Lakes, Lino Lakes will serve as the RGU for the project. The JPA establishes the process for joint review of the AUAR and responsibilities of each City. Each City will be responsible for their individual review costs, which shall be collected from the developer. Both Cities will participate in a pro-rata share of review costs for the required five- year updates, again borne by the developer. RECOMMENDATION Staff is recommending adoption of Resolution No. 23-68, Approving Joint Powers Agreement with the City of Columbus. ATTACHMENTS 1. AUAR Study Area Map 2. Resolution No. 23-68 3. Joint Powers Agreement CITY OF LINO LAKES RESOLUTION NO. 23-68 RESOLUTION APPROVING JOINT POWERS AGREEMENT WITH THE CITY OF COLUMBUS FOR THE SCANNELL PROPERTIES AUAR WHEREAS, the Scannell Business Park proposal covers approximately 325 acres located within the jurisdictional boundaries of the cities of Lino Lakes and Columbus with 270 acres located in Lino Lakes, and 55 acres located in Columbus ; and WHEREAS, Scannell Properties (the “Developer”) has proposed a concept master plan for approximately three million to three million five hundred thousand square feet of industrial development on the Property to be built in phases; and WHEREAS, Lino Lakes and Columbus mutually desire to preserve and protect long range planning process within each community; and WHEREAS, Lino Lakes and Columbus desire to maintain efficient levels of public service delivery in furtherance of the protection of the public health, safety and welfare of each of the communities; and WHEREAS, development of The Scannell Business Park requires environmental review under Minnesota Rules, Chapter 4410; and WHEREAS, the preferred method of the Parties for environmental review of the Scannell Business Park is to prepare an Alternative Urban Areawide Review (“AUAR”), as provided in Minnesota Rules, Chapter 4410; and WHEREAS, Minnesota Rules, Chapter 4410 anticipates that only one unit of government will act as the Responsible Governmental Unit (“RGU”) in conducting an AUAR; and WHEREAS, it is in the best interest of Lino Lakes and Columbus and their respective residents, property owners, and businesses to develop a Joint Powers Agreement (“JPA”), pursuant to Minn. Stat. §471.59, to foster cooperative planning and joint environmental review in furtherance of the protection of the public health, safety and welfare of each of the communities. NOW, THEREFORE BE IT RESOLVED by the City Council of The City of Lino Lakes that the Joint Powers Agreement between the City of Lino Lakes and the City of Columbus is hereby approved, BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to execute the JPA on behalf of the City. Adopted by the Council of the City of Lino Lakes this 10th day of July, 2023. Rob Rafferty, Mayor ATTEST: Jolleen Chaika, City Clerk JOINT POWERS AGREEMENT BETWEEN THE CITY OF LINO LAKES AND CITY OF COLUMBUS RELATING TO JOINT ENVIRONMENTAL REVIEW FOR SCANNELL BUSINESS PARK THIS AGREEMENT is by and between the City of Lino Lakes, a Minnesota municipal corporation, hereinafter referred to as the “Lino Lakes,” and the City of Columbus, a Minnesota municipal corporation, hereinafter referred to as the “Columbus.” (Lino Lakes and Columbus may also be referred to as “Party” or “parties” in this Agreement.) WHEREAS, the Scannell Business Park proposal covers approximately 325 acres located within the jurisdictional boundaries of the cities of Lino Lakes and Columbus shown on Exhibit A (the “Property”), with 270 acres located in Lino Lakes, and 55 acres located in Columbus ; and WHEREAS, Scannell Properties (the “Developer”) has proposed a concept master plan for approximately three million to three million five hundred thousand square feet of industrial development on the Property to be built in phases; and WHEREAS, Lino Lakes and Columbus mutually desire to preserve and protect long range planning process within each community; and WHEREAS, Lino Lakes and Columbus desire to maintain efficient levels of public service delivery in furtherance of the protection of the public health, safety and welfare of each of the communities; and WHEREAS, development of The Scannell Business Park requires environmental review under Minnesota Rules, Chapter 4410; and WHEREAS, the preferred method of the Parties for environmental review of the Scannell Business Park is to prepare an Alternative Urban Areawide Review (“AUAR”), as provided in Minnesota Rules, Chapter 4410; and WHEREAS, Minnesota Rules, Chapter 4410 anticipates that only one unit of government will act as the Responsible Governmental Unit (“RGU”) in conducting an AUAR; and WHEREAS, it is in the best interest of Lino Lakes and Columbus and their respective residents, property owners, and businesses to develop a Joint Powers Agreement (“JPA”), pursuant to Minn. Stat. §471.59, to foster cooperative planning and joint environmental review in furtherance of the protection of the public health, safety and welfare of each of the communities. NOW, THEREFORE, in consideration of the mutual promises and benefits that each Party will derive from coordinated planning and joint environmental review, Lino Lakes and Columbus hereby enter into this Agreement for the benefit of mutual long range planning, pursuant to the terms of this Agreement. 2. ARTICLE 1. PURPOSE AND GEOGRAPHIC AREA 1.1) Purpose. The Parties desire to cooperate in the joint environmental review and joint long range planning of the Scannell Business Park within Lino Lakes and Columbus. 1.2) Geographic Area. All of the Scannell Business Park located in Lino Lakes and Columbus as depicted on Exhibit A, which is attached hereto and made a part of this Agreement. ARTICLE 2. EFFECTIVE DATE, TERM, AND NOTICES 2.1) Effective Date. This Agreement will be effective from the date both Parties execute the Agreement. 2.2) Term. This Agreement will remain in effect from the Effective Date until terminated or until the AUAR is completed and published, whichever occurs earlier. This Agreement may be terminated by mutual consent at any time and may be terminated by either party on one hundred eighty (180) days’ written notice. 2.3) Notices. All notices relating to this Agreement will be in writing and provided to each Party’s clerk or administrator. ARTICLE 3. RESPONSIBLE GOVERNMENTAL UNIT AND COOPERATION 3.1) Responsible Governmental Unit Authority. The Parties desire to jointly participate in the environmental review of the Scannell Business Park. Consistent with Minnesota Rules Chapter 4410, Section 441.0500, and one jurisdiction will act as the RGU for the proposed AUAR. The Parties agree that one AUAR will be performed for the entire Property. The parties further agree, subject to the terms and conditions of this Agreement, that Lino Lakes will act as the RGU for the AUAR. 3.2) Joint Environmental Review. In consideration of the assignment of RGU authority by Columbus to Lino Lakes for preparation the AUAR, the Parties agree to the following: (a) Lino Lakes will be responsible for the preparation, publication, and distribution of the AUAR. (b) Columbus will be copied on all communications between Lino Lakes and the Developer and its agents and the Environmental Quality Board on all matters pertaining to the AUAR. 3. (c) Columbus will be invited to all significant meetings regarding the planning and preparation of AUAR. (d) Columbus will participate in all meetings requested by Lino Lakes, including staff meetings and City Council meetings. (e) Columbus will provide data and mapping relevant to portions of the Scannell Business Park within Columbus for Lino Lakes use in the preparation of the AUAR. The parties agree to identify such data collection and preparation prior to preparation of the AUAR to avoid redundancy in the scope of work. (f) Columbus will be given the opportunity to review and comment on all draft components of the AUAR, including the technical components, the development scenarios, and the mitigation plan. (g) Columbus will be given the opportunity to review and comment on the final draft AUAR prior to its publication in the EQB Monitor. (h) Lino Lakes will present the draft AUAR to Columbus City Council upon request of Columbus. (i) Columbus will be invited to review and respond to comments received on the draft AUAR, particularly those comments relative to Columbus. (j) Columbus will be given reasonable opportunity to review and comment on the final AUAR and mitigation plan before action on the final documents is taken by Lino Lakes. (k) Lino Lakes will prepare all required subsequent updates to the environmental analysis and mitigation plan, based upon any changes in development plans or assumptions within the AUAR as described in Minnesota Rules Chapter 4410, Section 4410.3610, subpart 7. (l) Columbus will be notified and given the opportunity to comment on any updates to the AUAR or mitigation plan prior to the notification and distribution of any amended documents. (m) Lino Lakes will prepare and distribute the mandatory “5-year updates” for the AUAR according to Minnesota Rules Chapter 4410, Section 4410.3610, subpart 7. Each party shall be responsible for a pro-rata share of costs incurred in the updates, based on acreages within corporate boundaries, whether this Agreement is in place or not. Lino Lakes shall be responsible for 83% of review costs, and Columbus 17% of review costs. Nothing herein prohibits either party from requiring the developer or property owner of the business park from reimburse the respective arty for update costs. (n) Columbus will be notified and given the opportunity to comment on the “5-year updates” prior to distribution. 4. (o) Each party shall require the proposed developer to establish an escrow in an amount determined by that party to cover review costs, and any review costs incurred by that party shall be reimbursed from the escrow required by that party. 3.3) Joint Planning. Lino Lakes and Columbus agree to exchange all data generated by the Parties pertaining to future land use, transportation, public utilities, parks, and development concepts within the Scannell Business Park. ARTICLE 4. DATA PRACTICES All data collected, created, received, maintained, or disseminated for any purpose by the Parties because of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as amended, the Minnesota rules implementing such act now in force or as amended as well as federal regulations on data privacy. ARTICLE 5. INDEPENDENT CONTRACTORS The Parties acknowledge that each Party is solely responsible for payment of all wages, benefits, taxes, and insurance on behalf of its employees or agents relating to planning and environmental review in the Geographic Area. It is expressly understood that neither Party can compel the other to perform work, nor will one Party be obligated to reimburse the other, without mutual consent. Nothing contained in this Agreement can or will be interpreted as creating an employee relationship between the Parties and no employee of either party will be considered an employee of the other party. ARTICLE 6. INDEMNIFICATION AND INSURANCE 6.1) Indemnification. Each Party (hereinafter referred to as the Indemnifying Party) agrees to defend, indemnify, and hold harmless the other Parties against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of the Indemnifying Party and/or those of the Indemnifying Parties’ employees or agents. Under no circumstances, however, will an Indemnifying Party be required to pay on behalf of itself and the other party any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one party. The limits of liability for all Parties may not be added together to determine the maximum amount of liability for either Party. The intent of this paragraph is to impose on each Party a limited duty to defend and indemnify each other subject to the limits of liability under Minnesota Statutes Chapter 466. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among the Parties and to permit liability claims against both Parties from a single occurrence to be defended by a single attorney. 5. 6.2) Insurance. The Parties subject to Minnesota Statutes Chapter 466 will maintain insurance in an amount no less than the limits of liability under Minnesota Statues Section 466.04, Subd 1. MERGER, MODIFICATION, AND SEVERABILITY 6.3) Merger. The entire Agreement between the Parties is contained here and this Agreement supersedes all oral agreements and negotiations between the Parties relating to the subject matter. 6.4) Modification. This Agreement may be modified or amended only in writing and upon signatures by the Parties. 6.5) Severability. The provisions of this Agreement are deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such finding will have no effect on any other portion of this Agreement. ARTICLE 7. MISCELLANEOUS 7.1) Headings and Captions. The Parties agree that the headings and captions contained in this Agreement are for convenience only and are not intended to alter any of the provisions of this Agreement. 7.2) Controlling Law. The laws of the State of Minnesota will govern all questions and interpretations concerning the validity and construction of this agreement and the legal relations between the Parties and performance under it. The appropriate venue and jurisdiction for any litigation hereunder will be those courts located with the County of Anoka, State of Minnesota. Litigation, however, in the federal courts involving the Parties will be in the appropriate federal court within the State of Minnesota. 7.3) Third Parties. This Agreement is between Columbus and Lino Lakes as the only Parties and no provision of this Agreement will in anyway inure to the benefit of any third person (including the public at large and any property owner, tenant or resident within the Geographic Area) so as to constitute any such person as a third party beneficiary of the Agreement or of anyone or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. [Signature page follows.] 6. CITY OF LINO LAKES: By: __________, Mayor By: __________, Clerk CITY OF COLUMBUS By: __________, Mayor By: __________, Clerk Exhibit A Boundaries of Scannell Business Park and Concept Plan 4891-1616-0618, v. 2 CITY COUNCIL AGENDA ITEM 6C STAFF ORIGINATOR: Michael Grochala, Community Development Director MEETING DATE: July 10, 2023 TOPIC: Consider Resolution No. 23-69, Approving Purchase of Public Right of Way, Trail and Drainage and Utility Easement, Lake Drive Trunk Utility Improvements VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council approval of the purchase of a Permanent Easement as part of the Lake Drive Trunk Utility Improvement project. BACKGROUND The City Council authorized preparation of plans and specifications for the construction of the Lake Drive Trunk Water Main improvements on November 28, 2022. The project required the acquisition of a 7,597 square foot easement along Lake Drive. The property impacted is owned by Gethsemane United Methodist Church d/b/a Lino Lakes Community Church. Following discussion, the property owners have agreed to a purchase price of $19,800. RECOMMENDATION Staff is recommending approval of Resolution No. 23-69. ATTACHMENTS 1. Resolution No. 23-69 2. Easement Exhibit D & U EASEMENT PERDOC. NO. 492968.00320 20 OWNER: GETHSEMANE UNITED METH CHURCH ADDRESS: 7330 LAKE DR PID: 17-31-22-33-0050 50 40 40 40 60 40 WESTERLY LINE OF TRACT A Prepared by:WSB Project No.Date:Prepared by:WSB Project No.Date:Easement Exhibit PID: 17-31-22-33-0050 Address: 7330 Lake Drive City of Lino Lakes, Minnesota 022154-000 3/3/2023 N PARCEL LINE 0 1 inch = 120 feet 120 Graphic Scale (feet) PERMANENT ROAD, DRAINAGE & UTILITY, AND TRAIL EASEMENT AREA = 7,597 SQ. FT.K:\022154-000\Survey\Drawing\Easement\022154-000-V-ESMT-7330 Lake Drive.dwg, 3/3/2023 12:52:10 PM CITY OF LINO LAKES RESOLUTION NO. 23-69 APPROVING ACQUISITION OF PERMANENT EASEMENT 2023 LAKE DRIVE TRUNK UTILITY IMPROVEMENTS WHEREAS, the City Council authorized preparation of plans and specifications for the 2023 Lake Drive Trunk Utility Improvements on November 28, 2022, and WHEREAS, the improvements required the acquisition of a 7,597 square foot permanent easement, and WHEREAS, the parties hereto have reached agreement on just compensation due for the acquisition; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Lino Lakes: That the purchase of a 7,597 square foot permanent easement for right-of-way, trail, drainage and utility purposes is hereby approved in the amount of $19,800. Adopted by the Council of the City of Lino Lakes this 10th day of July 2023. _____________________ Rob Rafferty, Mayor ATTEST: ________________________ Jolleen Chaika, City Clerk CITY COUNCIL AGENDA ITEM 6D STAFF ORIGINATOR: Diane Hankee PE, City Engineer MEETING DATE: July 10, 2023 TOPIC: Consider Resolution No. 23-67, Approving Change Order No. 1, 2023 Pheasant Run Reconstruction Project VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting council approval of Change Order No. 1 for the 2023 Pheasant Run Reconstruction Project. BACKGROUND On April 10, 2023, the City Council awarded the bid for the 2023 Pheasant Run Reconstruction Project to A-1 Excavating, LLC in the amount of $886,886.00. Construction of the project is scheduled to begin July 24th, 2023. The project includes watermain, sanitary sewer, storm sewer replacement and street reconstruction. Several of the houses are closer to the street than typical (25 to 30 feet) and are approximately 50 years old. The natural soils in the neighborhood remain saturated throughout the year and are subject to expansion in the freeze thaw cycle. Due to the proximity of the houses to the street, the age of the houses, and the native soils, staff is recommending a pre-condition survey to evaluate the condition of the homes in the project, as well as the vibration monitoring throughout the duration of the project. For Council consideration, staff has drafted Change Order No. 1 in the amount $29,800.00 to perform a pre-condition survey and monitor the project vibration on the project. Funding for the project is from the 2021 Street Reconstruction Bonds, the Water and Sewer Operating Funds, the Trunk Water Fund, and the Street Reconstruction Fund. The 2023 Pheasant Run Project contract with A-1 Excavating, LLC with Change Order No. 1 would be increased to $919,686.00. This amount of Change Order No. 1 is within the project planned contingencies and budget. RECOMMENDATION Staff is recommending approval of Resolution No. 23-67 for Change Order No. 1 in the amount of $29,800.00 for the Pheasant Run Reconstruct Project. ATTACHMENTS 1. Resolution 23-67 2. Change Order No.1 CITY OF LINO LAKES RESOLUTION NO. 23-67 RESOLUTION APPROVING CHANGE ORDER NO. 1 PHEASANT RUN RECONSTRUCTION PROJECT WHEREAS, pursuant to resolution 23-22 of the Council adopted on April 10, 2023, awarding the contract for the Pheasant Run Reconstruction Project to A-1 Excavating LLC; and WHEREAS, a complete summary of costs are detailed in Change Order No. 1; NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes, Minnesota that Change Order No. 1 is approved in the amount of $29,800.00. BE IT FURTHER RESOLVED Adopted by the Council of the City of Lino Lakes this 10th day of July, 2023. 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: ________________________ Jolleen Chaika, City Clerk Rev. July 2020 CHANGE ORDER Page 1 of 1 WSB Project No. 021412-000 Owner Project No. Change Order No. 1 Project Title/Description: Pheasant Run Reconstruction Project Owner: City of Lino Lakes Owner Address: 600 Town Center Parkway Lino Lakes, MN 55014-1182 Contractor: A-1 Excavating, Inc. Contractor Address: PO Box 90 Bloomer, WI 54724 Total Change Order Amount: $29,800.00 Description: Lump Sum for Vibration Monitoring to include - time for 13 surveys of residential properties along Pheasant Run. The surveys will be documented with video, still camera and notes. Upon completion a report from the documentation will be provided. Utilization of a Vibration Control Plan where an assessment is made of the adjacent buildings conditions, evaluation of the soils condition, equipment use and potential for vibration. Within the control plan there would also be thresholds and a plan for mitigation of risk if thresholds are exceeded. Two monitors would be used for a period of 3 months to record the data from vibrations and remotely alerts via e-mail or texts. Time is also included for maintenance/ battery swaps of the unit and potential moves along the construction site as the project progress. A final report summarizing the findings will be provided upon completion. This is also inclusive of any appurtenances utilized. Estimate Of Cost: (Include any increases or decreases in contract items, any negotiated or force account items.) Group/Funding Category Item No. Description Unit Unit Price + or – Quantity + or – Amount $ Local 2011.601 VIBRATION MONITORING LS $27,000.00 1 $27,000.00 Local 2021.501 MOBILIZATION LS $2,800.00 1 $2,800.00 Net Change This Change Order $29,800.00 Due to this change, the contract time: (check one) ( ) Is NOT changed ( ) May be revised as provided in MnDOT Specification 1806 Number of Working Days Affected by this Contract Change: 0 Number of Calendar Days Affected by this Contract Change: 0 Approved By Project Engineer: Date: Approved By Contractor: Date: Approved By Owner: Date: July 5, 2023