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Home My WebLink About07-24-2023 City Council PacketRESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Ruhland AYES: Lyden, Ruhland, Stoesz, Cavegn, Rafferty CITY COUNCIL AGENDA Monday, July 24, 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, 6:00 P.M. Community Room (not televised) 1.Review Regular Agenda CITY COUNCIL MEETING, 6:30 P.M. Call to Order and Roll Call o Called to order at 6:30 PM. All members present Pledge of Allegiance Open Mike / Public Comment (in person or received in writing prior to meeting): Public Comment opened at 6:31 PM. Mr. Christopher Stowe appeared before Council to provide comments about his frustrations related to his property. Public comment closed at 6:35 PM: Motion to: Close Public Comment at 6:35 PM. Setting the Agenda: Addition or deletion of agenda items The agenda was accepted as presented. SPECIAL PRESENTATION Public Safety Volunteer Recognition, Matt Nelson 1.CONSENT AGENDA A.Consider Approval of Expenditures for July 24, 2023 (Check No. 118966 through119033) in the Amount of $682,650.89 Expanded Agenda Council Agenda -2- July 24, 2023 RESULT: CARRIED [UNANIMOUS] MOVER: Ruhland SECONDER: Cavegn AYES: Ruhland, Cavegn, Lyden, Stoesz, Rafferty RESULT: CARRIED [UNANIMOUS] MOVER: Stoesz SECONDER: Ruhland AYES: Stoesz, Ruhland, Lyden, Cavegn, Rafferty RESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Ruhland AYES: Lyden, Ruhland, Stoesz, Cavegn, Rafferty B. Consider Approval of June 26, 2023 Work Session Minutes C. Consider Approval of June 26, 2023 Council Meeting Minutes D. Consider Approval of July 10, 2023 Work Session Minutes E. Consider Approval of July 10, 2023 Council Meeting Minutes F. Consider Approval of Resolution 23-71, Authorizing a Special Event Permit and Temporary On-Sale Liquor License for the American Legion G. Consider Approval of the Hiring of Part-Time Staff for the Rookery Activity Center H. Consider Approval of Night to Unite Road Closures i. Motion to: Approve Consent Agenda Items 1A-H 2. FINANCE DEPARTMENT REPORT A. Consider Resolution No. 23-75, Appointment of Municipal Advisor, Hannah Lynch i. Motion to: Approve Resolution 23-75 3. ADMINISTRATION DEPARTMENT REPORT A. Consider Resolution No. 23-72, Approving a Joint Powers Agreement between the City of Lino Lakes and Anoka County for Assessment of Property i. Motion to: Approve Resolution 23-72 Council Agenda -3- July 24, 2023 RESULT: CARRIED [UNANIMOUS] MOVER: Stoesz SECONDER: Ruhland AYES: Stoesz, Ruhland, Lyden, Cavegn, Rafferty RESULT: CARRIED [UNANIMOUS] MOVER: Stoesz SECONDER: Ruhland AYES: Stoesz, Ruhland, Lyden, Cavegn, Rafferty RESULT: CARRIED [UNANIMOUS] MOVER: Stoesz SECONDER: Lyden AYES: Stoesz, Lyden, Ruhland, Cavegn, Rafferty 4. PUBLIC SAFETY DEPARTMENT REPORT A. First Reading of Ordinance 04-23, Repealing Ordinance 01-22 Creating Chapter 512: Entitled Possession of Catalytic Converters, John Swenson i. Motion to: Dispense with full reading of proposed ordinance ii. Motion to: Approve the first reading of Ordinance 04-23 iii. *Council may vote to dispense with the full reading of the ordinance 5. PUBLIC SERVICES DEPARTMENT REPORT No report 6. COMMUNITY DEVELOPMENT REPORT A. Watermark 6th Addition, Diane Hankee i. Consider Resolution No. 23-64, Approving Utility Staging Area Amendment and PUD Final Plan/Final Plat ii. Consider Resolution No. 23-65, Approving Development Agreement and Planned Unit Development Agreement iii. Consider Resolution No. 23-66, Approving Open Space Easement a. Motion to: Approve Resolutions 23-64, 23-65, 23-66 B. Consider Resolution No. 23-73, Approving Payment No. 1 and Final, 2023 Crack Fill and Seal Coat Project, Diane Hankee Council Agenda -4- July 24, 2023 RESULT: CARRIED [UNANIMOUS] MOVER: Cavegn SECONDER: Lyden AYES: Cavegn, Lyden, Stoesz, Ruhland, Rafferty RESULT: CARRIED [UNANIMOUS] MOVER: Cavegn SECONDER: Ruhland AYES: Cavegn, Ruhland, Lyden, Stoesz, Rafferty RESULT: CARRIED [UNANIMOUS] MOVER: Ruhland SECONDER: Cavegn AYES: Ruhland, Cavegn, Lyden, Stoesz, Rafferty i. Motion to: Approve Resolution 23-73 C. Consider Resolution No. 23-74, Accepting Quotes and Awarding a Construction Contract, 2023 Surface Water Management Project, Diane Hankee i. Motion to: Approve Resolution 23-74 D. 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment 1. Motion to: Adjourn at 7:00 PM Council adjourned to the Council Workroom following adjournment of the regular meeting for Closed Meetings, to be held consecutively, for the following purposes: 1. Discussion of the Sale of Real Property. 2. City Administrator’s performance evaluation. Councilmember Ruhland abstained from Closed Meeting 1: Discussion of the Sale of Real Property Council Agenda -5- July 24, 2023 Community Calendar – A Look Ahead July 24, 2023 through August 14, 2023 Wednesday, August 2 6:30 pm, Council Chambers Park Board Thursday, August 3 8:00 am, Community Room EDAC Monday, August 7 6:00 pm, Community Room City Council Work Session Wednesday, August 9 6:30 pm, Council Chambers Planning & Zoning Board Monday, August 14 6:00 pm, Community Room Council Work Session Monday, August 14 6:30 pm, Council Chambers City Council Meeting + Expenditures July 24, 2023 Check #118966 to #119003 $682,650.89 Electronic Funds Transfer MN Statute 471.38 Subd. 3 Council Meeting July 24, 2023 Transfer In/(Out) 7/7/2023 Transfer to FRB Money Market (2,600,000.00) 7/14/2023 Building Permit Surcharge (1,333.54) 7/19/2023 Transfer to FRB Money Market 700,000.00 LINO LAKES CITY COUNCIL WORK SESSION MINUTES DATE: June 26, 2023 TIME STARTED: 6:01 PM TIME ENDED: 6:23 PM MEMBERS PRESENT: Councilmembers Stoesz, Lyden, Cavegn, Mayor Rafferty MEMBERS ABSENT: Councilmember Ruhland Staff members present: City Administrator Sarah Cotton; Human Resources Director Meg Sawyer; Community Development Director Michael Grochala; Public Safety Director John Swenson; City Engineer Diane Hankee; City Clerk Jolleen Chaika. 1. Consider Temporary Addition Part-Time CSO, John Swenson Chief John Swenson advised Council of a CSO being considered for future hiring that Public Safety would like to bring forward as a part-time Community Service Officer (CSO) as a current CSO is beginning to transition out of the role. As such, he sought Council approval to increase CSO staffing from three (3) positions to four (4) on a temporary basis through October. Councilmember Stoesz requested clarification of the hours per week for CSO staff. Chief Swenson confirmed that the CSO’s typically work 20 hours per week. Council provided support for Public Safety bringing forward a formal staffing request. 2. Review Regular Agenda Mayor Rafferty reviewed the agenda for the Regular Meeting. Staff provided brief comments highlighting information contained within staff reports. The Council Work Session ended at 6:23 PM. These minutes were considered and approved at the regular Council Meeting on July 24, 2023. Jolleen Chaika, City Clerk Rob Rafferty, Mayor LINO LAKES CITY COUNCIL REGULAR MEETING MINUTES DATE: June 26, 2023 TIME STARTED: 6:30 PM TIME ENDED: 9:47 PM MEMBERS PRESENT: Councilmembers Stoesz, Lyden, Cavegn, Mayor Rafferty MEMBERS ABSENT: Councilmember Ruhland Staff members present: City Administrator Sarah Cotton; Human Resources Director Meg Sawyer; Community Development Director Michael Grochala; Director of Public Safety John Swenson; City Engineer Diane Hankee; City Clerk Jolleen Chaika. PUBLIC COMMENT Public Comment was opened at 6:33 PM. Mr. Tim Henderson, 6987 West Shadow Lake Drive, thanked City Council and the mayor for the work put in over the past year. He noted that he was a member of the original YMCA and the issues surrounding that – the decisions and funding that the city engaged in to open up the Rookery. He noted he reviewed the meeting minutes when the plan was being put into place and that he has been an employee at the Rookery for a year. He commented on getting to know staff over the course of the year and that the hiring of staff has been great, there have been good hires. Mr. Henderson noted that working with Maddie (Rosewood) has empowered him to do a lot of things that he did not think he could do. He thanked Council for all that was done and said that he was not commenting to gripe, rather that he recalled hearing the Mayor previously comment on making big decisions and gathering facts before making decisions and that Council has done that. He closed by noting he was proud to call them the Mayor and Councilmembers. No further public comment was received. 1) Motion to: Close Public Comment at 6:36 PM. SETTING THE AGENDA The agenda was approved as presented with no additions or changes. RESULT: CARRIED [UNANIMOUS] MOVER: Cavegn SECONDER: Stoesz AYES: All in favor ABSENT: Ruhland SPECIAL PRESENTATION Legislative Update, Senator Heather Gustafson Minnesota Senator Heather Gustafson introduced herself to Council and shared that she wants to be a resource to Council and the community. Senator Gustafson welcomed open lines of communitcation and encouraged Council to reach out to her. Senator Gustafson highlighted the work she did with the recent public safety bill which will result in over $900,000 in funding for Lino Lakes Public Safety. Mayor Rafferty, on behalf of the Council and the City of Lino Lakes, thanked Senator Gustafson for her work on that bill and the recent bonding bill. SPECIAL PRESENTATION American Legion Post 566, Presentation of Awards: - Lino Lakes Police Officer of the Year: Samantha Bergeron - Lino Lakes Firefighter of the Year: Luke Evens Legion Commander Paul Lesch and incoming Commander Scott Nordstrom presented a Fire Fighter of the Year award to Firefighter Luke Evens and noted that Figherfighter Evens has exhibited a strong desire to serve others. Commander Lesch presented a plaque to Figherfighter Evens. Commander Lesch and incoming Commander Nordstrom presented a Police Officer of the Year award to to Officer Samantha Bergeron and highlighted her service and dedication to the community. Commander Lesch presented a plaque to Officer Bergeron. 1. CONSENT AGENDA A. Consider Approval of Expenditures for June 26, 2023 (Check No. 118783 through 118875) in the Amount of $323,814.13 B. Consider Approval of June 5, 2023 Council Work Session Minutes C. Consider Approval of June 12, 2023 Council Work Session Minutes D. Consider Approval of June 12, 2023 Council Meeting Minutes i. Motion To: Approve Consent Agenda Items 1(A) -(D) as presented 2. FINANCE DEPARTMENT REPORT No report was presented. RESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Stoesz AYES: Lyden, Stoesz, Cavegn, Rafferty ABSENT: Ruhland 3. ADMINISTRATION DEPARTMENT REPORT A. Consider 2nd Reading of Ordinance No. 03-23, Adjusting the Salaries of the Mayor and Councilmembers City Administrator Sarah Cotton presented the second reading of proposed Ordinance 03-23, Adjusting the Salaries of the Mayor and Councilmembers. She noted that these salaries are required by Minnesota law to be established by ordinance. If approved, the effective date of the new salaries will be January 1, 2024. i. Motion To: Dispense with full reading of the proposed ordinance of Ordinance Number 03-23 ii. Motion To: Approve Ordinance 03-23 B. Consider Appointment of Part-Time Firefighter Human Resources and Communication Manager Meg Sawyer presented a recommendation to approve appointment of Eric Curtis as Part-Time Firefighter i. Motion to: Approve the Appointment of Eric Curtis as Part-Time Firefighter 3. PUBLIC SAFETY DEPARMENT REPORT A. Consider Acceptance of Donated Gift Cards RESULT: CARRIED [UNANIMOUS] MOVER: Cavegn SECONDER: Stoesz AYES: Cavegn, Stoesz, Lyden, Rafferty ABSENT: Ruhland RESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Stoesz AYES: Lyden, Stoesz, Cavegn, Rafferty ABSENT: Ruhland ROLL CALL RESULT: CARRIED [4 TO 0] MOVER: Lyden SECONDER: Stoesz AYES: Lyden, Stoesz, Cavegn, Rafferty ABSENT: Ruhland Public Safety Director John Swenson requested Council approval to accept gift cards that have been donated to Public Safety by generous, supportive community members. He noted that because the gift cards have a monetary value over $5.00, they cannot be accepted by staff. City Administrator Sarah Cotton added that Council had previously approved a Pay-It-Forward policy to use donated gift cards; however, based on a recent finding by the Minnesota Legal Compliance Office and the Office of the State Auditor, there is no public purpose to accept and use gift cards in a pay-it-forward program. City staff recommended Council accepting the gift cards at this time; use will be in accordance with public purpose expenditures. Chief Swenson noted that staff have been directed to no longer accept gift cards. i. Motion to: Approve Acceptance of Gift Cards 5. PUBLIC SERVICES DEPARTMENT No report was presented. 6. COMMUNITY DEVELOPMENT REPORT A. Public Hearing. Consideration of Resolution No. 23-58, Adopting Five Year Street Reconstruction Plan and Authorizing Issue of Bonds Communtiy Development Director Michael Grochala provided Council with background on the street reconstruction plan and noted that the current plan under consideration distributes improvements on both the north and south sides of the city. He advised that per state law, a reconstruction plan must be prepared and a public hearing must be held. Following the public hearing a 30 day window is open for receipt of petitions against the reconstruction plan. If no petition is received, staff will bring forward a request to Council to move forward with a feasibility study. If a petition is received, and statutory requirements are met, the question of the reconstruction plan and related bonding would be placed on the 2023 ballot. Mayor Rafferty opened the Public Hearing at 7:02 PM. No public comment was received. i. Motion to: Close Public Hearing RESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Stoesz AYES: Lyden, Stoesz, Cavegn, Rafferty ABSENT: Ruhland The Public Hearing was closed at 7:03 PM. B. Consider Resolution 23-59, Order Project, Approve the Plans and Specifications and Authorize the Ad for Bid 2023, Lake Drive Trunk Water Main Improvements City Engineer Diane Hankee presented on the Lake Drive trunk watermain project, stating that the purpose of the project is to strengthen water pressure and flow in the city. Engineer Hankee also informed Council that this project will require an easement with a property owner in the project area and that an agreement has been reached with that property owner; staff will bring forward an easement agreement for Council consideration at the next regular meeting. i. Motion to: Approve Resolution 23-59 7. UNFINISHED BUSINESS There was no unfinished business. 8. NEW BUSINESS A. Closed Session: Consider Allegations Against an Employee. Mayor Rafferty stated that pursuant to Minnesota Statute 13D.05, Subdivision 2D, the City Council shall close the meeting when an allegation of employee misconduct is brought forward. i. Motion to: Close Meeting pursuant to Minn. Stat. 13D.05, Subd. 2D. RESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Stoesz AYES: Lyden, Stoesz, Cavegn, Rafferty ABSENT: Ruhland RESULT: CARRIED [UNANIMOUS] MOVER: Cavegn SECONDER: Stoesz AYES: Cavegn, Stoesz, Lyden, Rafferty ABSENT: Ruhland The meeting was closed at 7:07 PM at which time Council retired to the Council Workroom to commence the closed session. Councilmember Ruhland joined the closed session at approximately 8:15 PM. The Regular Meeting was reconvened and reopened at 9:43 PM. City Administrator Sarah Cotton recommended discharge of Employee A based on the findings of the investigation, effective June 26, 2023. i) Motion To: Approve Discharge of Employee A City Administrator Sarah Cotton recommended discharge of Employee B based on the findings of the investigation, effective June 26, 2023. ii. Motion To: Approve Discharge of Employee B 9. COMMUNITY EVENTS Mayor Rafferty reviewed the upcoming Community Calendar. ADJOURN RESULT: CARRIED [4 to 1] MOVER: Stoesz SECONDER: Ruhland AYES: Stoesz, Ruhland, Lyden, Rafferty NAYS: Cavegn RESULT: CARRIED [4 to 1] MOVER: Stoesz SECONDER: Ruhland AYES: Stoesz, Ruhland, Lyden, Rafferty NAYS: Cavegn RESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Stoesz AYES: Lyden, Stoesz, Cavegn, Rafferty ABSENT: Ruhland 1. Motion to: Adjourn Meeting Adjourned at 9:47 PM. These minutes were considered and approved at the regular Council Meeting on July 24, 2023. Jolleen Chaika, City Clerk Rob Rafferty, Mayor RESULT: CARRIED [UNANIMOUS] MOVER: Cavegn SECONDER: Lyden AYES: Cavegn, Lyden, Stoesz, Rafferty LINO LAKES CITY COUNCIL WORK SESSION MINUTES DATE: TIME STARTED: TIME ENDED: MEMBERS PRESENT: MEMBERS ABSENT: July 10, 2023 5:30 PM 6:23 PM Councilmembers Stoesz, Lyden, Ruhland, Mayor Rafferty Councilmember Cavegn Staff members present: City Administrator Sarah Cotton; Human Resources and Communications Manager Meg Sawyer; Community Development Director Michael Grochala; City Planner Katie Larsen, Public Safety Director John Swenson; City Clerk Jolleen Chaika. 1.Retention Pay Increases for Part-Time Employees at the Rookery Human Resources and Communications Manager Meg Sawyer requested Council consider a retention pay plan for part-time staff at The Rookery. She highlighted that the part-time pay plan for Rookery staff was established in 2022 and that the City has employed over 160 employees since starting in May 2022. She suggested a pay retention program to give incentive to keep current employees on the payroll. She also advised that staff continue to monitor neighboring community centers to ensure Lino Lakes remains competitive and that if needed, based on market conditions, staff will return to Council in the future to discuss potential adjustments. Based on market studies and current hiring trends, Manager Sawyer proposed a $0.50 hourly increase to part-time employees who have completed one year of service at the Rookery; these employees would 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. She added that this proposal would not impact the current budget. Discussion was held on the proposal. Mayor Rafferty inquired if staff is comfortable with the current maximum wages and asked how retention is thus far. Manager Sawyer responded that retention rates could be better and that she anticipates this proposal will assist with that. Administrator Cotton added that none of the current part-time staff at the Rookery are at the maximum wage levels yet; that factor is behind the logic of the proposed retention pay. Councilmember Stoesz Dale asked of applicant numbers for these positions. Manager Sawyer noted that aquatics staff turns over at a fairly high rate, mostly based upon school/college schedules and swim team schedules. She added that hiring for the part-time positions is always on-going. 2.Minnesota Public Safety Aid, John Swenson Chief Swenson spoke of the incoming aid that is coming from the state and noted that the receinved funding will be in the neighborhood of $900,000. The amount will be known by August 1, 2023 and funds will be dispursed by 12/26/23. He wants to begin the discussion for the framework for use of these onetime dollars and to get an idea of thoughts Council has due to 2024-25 budget implications. Staff recommended using the funds to replace the digital evidence system (in-squad and body-worn camera systems); Director Swenson added that this replacement is on the capital replacement plan for 2025 but that higher failure rates are beign experienced now; additionally, the software (Panasonic) will no longer be supporting the backend server used by Public Safety as of the end of 2024. He proposed allocating up to $200,000 to replace the system. Other recommendations: PS wellness initiative was implemented using forfeiture dollars; because of that only 1:1 services were offered. To police staff. Director Swanson also proposed the following additional allocations: - Up to $100,000 to include firefighters in the Public Safety Wellness Initiative. - Up to $25,000 to hire a consultant to work on an organizational response plan. - Up to $75,000 to purchase additional equipment needed for the new tenders. - Approximately $300,000 for recruitment and retention funds, noting that applicant numbers have been low and Public Safety has not been fully staffed for some time. Director Swanson stated that the propsoed allocations would leave approximately $229,000; he suggested application of those remaining dollars toward capital purchases in the future as there are some large purchases on the horizon. He also noted that there is no deadline for use of the funds. Councilmember Lyden proposed using the funds to install an elementary school resource officer (SRO) who would travel to all elementary schools in the city, paired with a K9 officer to start building relationships. Director Swanson replied that Public Safety has not received a request from any of the schools for additional SRO’s and further noted that these are onetime dollars which would make it difficult to support new positions. Councilmember Lyden also suggested a donation to Alexandra House and a one-day community event sponsored by the police to encourage community involvement. Councilmember Ruhland requested more clarification related to the recruitment proposal. Director Swenson replied that while there needs to be a lot more flushing out – the focus would be on long term/5-10 year employees; in terms of salaries, he noted these are one time dollars so if used for a wage increase it creates a budget issue long term. He said he is looking to structure something that would encourage retention (10 years), a one-time payout/bonus. Councilmember Stoesz asked if Council can decide on a policy to allocate a certain percent each year then park the money into the capital equipment purchases in an effort push the discussion to budget time? Mayor noted some disspointment that Deputy Director Dan L’Allier did not have more information/input contained in the recommendations as he believes there are far more serious issues in the fire dept than in police. Mayor Rafferty added that he likes what was brought before Council but wants more into the thought-process. Councilmember Ruhland commented that he would like to see these funds go into a special fund designated for Public Safety programs. 3. Review Regular Agenda Mayor Rafferty reviewed the agenda for the Regular Meeting. Staff provided brief comments highlighting information contained within staff reports. The Council Work Session ended at 6:23 PM. These minutes were considered and approved at the regular Council Meeting on July 24, 2023. Jolleen Chaika, City Clerk Rob Rafferty, Mayor LINO LAKES CITY COUNCIL REGULAR MEETING MINUTES DATE: July 10, 2023 TIME STARTED: 6:30 PM TIME ENDED: 7:01 PM MEMBERS PRESENT: Councilmembers Stoesz, Lyden, Ruhland, Mayor Rafferty MEMBERS ABSENT: Councilmember Cavegn Staff members present: City Administrator Sarah Cotton; Human Resources Director Meg Sawyer; Community Development Director Michael Grochala; Director of Public Safety John Swenson; City Planner Katie Larsen; City Clerk Jolleen Chaika. PUBLIC COMMENT Public Comment was opened at 6:31 PM. Mr. Christopher Stowe, 426 Pine Street, addressed Council with a follow-up from his public comments in June. He said that he had emailed (Community Development Director) Mike (Grochala) with his questions about his property concerns last month and that he has asked questions about the initial letter he received (from the City Attorney) but that he is not receiving answers to his questions. Mr. Stowe expressed continued concerns about the Conditional Use Permit (CUP) attached to his property and of the animal usage chart. He mentioned history of the arena on his property as well as concerns with the 4H club that operates down the street. Mayor Rafferty asked Mr. Stowe to continue to work with Director Grochala. Ms. Ruth Castle, Ham Lake. Ms. Castle informed Council of her concerns with the privacy policy and information related to use of biometric data that she encountered as she was preparing to apply for a job with the City of Lino Lakes. She said that the Article Six of the Bill of Rights protects individuals from excessive violations of our privacy. She asked that Council vote to restrict use of biometric information for employees of Lino Lakes as she believes it to be unconstitutional. Mayor Rafferty asked Ms. Castle to further discuss this issue with Meg Sawyer, Human Resources and Communications Manager. No further public comment was received. 1. Motion to: Close Public Comment at 6:40 PM. RESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Stoesz AYES: Lyden, Stoesz, Ruhland, Rafferty ABSENT: Cavegn SETTING THE AGENDA No additions or changes were made to the agenda. SPECIAL PRESENTATION Lino Lakes Ambassadors – Annual Recap and Introduction of Candidates 2022 – 2023 Ambassadors introduced themselves and provided some information on the events they have been participating in since they were introduced as Ambassadors. They shared information on the candidacy program that is now underway and introduced the 2023 Candidates. 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 1(A) -(D) as presented 2. FINANCE DEPARTMENT REPORT No report was presented. 3. ADMINISTRATION DEPARTMENT REPORT A. Consider Appointment of Community Service Officer Human Resources and Communications Manager Meg Sawyer recommended appointment of Kara McGregor as a Community Service Officer with the Public Safety Department. RESULT: CARRIED [UNANIMOUS] MOVER: Ruhland SECONDER: Stoesz AYES: Ruhland, Stoesz, Lyden, Rafferty ABSENT: Cavegn i. Motion To: Approve the appointment of Kara McGregor as a Community Services Officer B. Consider Appointment of Accounting Clerk II Human Resources and Communication Manager Meg Sawyer recommended appointment of LeighAnne Sachi for the vacant Accounting Clerk II position. i. Motion to: Approve the appointment of LeighAnne Sachi as Accounting Clerk II 4. PUBLIC SAFETY DEPARMENT REPORT No report was presented. 5. PUBLIC SERVICES DEPARTMENT No report was presented. 6. COMMUNITY DEVELOPMENT REPORT A. Bluebill Ponds Second Addition City Planner Katie Larson presented a recommendation to approve the Final Plat and Development Agreement of Bluebill Ponds Second Addition which will allow for the building of a single family home on the second addition. She highlighted the details of her staff report and noted that the Planning and Zoning Board reviewed and unanimously approved the Bluebill Ponds Second Addition on June 14, 2023. Councilmember Stoesz inquired if the original plat has been off tax rolls due to the property being a church. Planner Larsen said she believed that to be the case. i. Motion to: Approve Resolution 23-62, Approving Bluebill Ponds Second Addition Final Plat RESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Stoesz AYES: Lyden, Stoesz, Ruhland, Rafferty ABSENT: Cavegn RESULT: CARRIED [UNANIMOUS] MOVER: Ruhland SECONDER: Stoesz AYES: Ruhland, Stoesz, Lyden, Rafferty ABSENT: Cavegn ii. Motion to: Approve Resolution 23-63, Approving Bluebill Ponds Second Addition Development Agreement B. Consider Resolution No. 23-68, Approving Joint Powers Agreement with City of Columbus, Scannell Properties AUAR Community Development Director Michael Grochala presented for Council consideration and approval a Joint Powers Agreement with the City of Columbus related to developer Scannell Properties, a national development company. He noted the developer 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. Director Grochala stated that it is anticipated that Lino Lakes will act as the Responsible Governmental Unit (“RGU”) for the AUAR. The JPA establishes the process for joint review of the AUAR and responsibilities of each City. Further, 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. RESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Stoesz AYES: Lyden, Stoesz, Ruhland, Rafferty ABSENT: Cavegn RESULT: CARRIED [UNANIMOUS] MOVER: Ruhland SECONDER: Stoesz AYES: All in favor ABSENT: Cavegn i. Motion to: Approve Resolution 23-68, Approving JPA with the City of Columbus. C. Consider Resolution No. 23-69, Approving Acquisition of Certain Real Property, Lake Drive Trunk Utility Improvements Community Development Director Michael Grochala presented a resolution to approve purchase of real property for installation of watermain. The project requires purchase of property as outlined in his staff report. i. Motion to: Approve Resolution 23-69, Approving Acquisition of Certain Real Property D. Consider Resolution No. 23-67, Approving Change Order No. 1, 2023 Pheasant Run Reconstruction Project Community Development Director Michael Grochala reviewed the bid awarded to A-1 Excavating in April and advised that the project is slated to being in the coming week; however, WSB has recommended a preconstruction survey of several of the homes in the impacted area due to poor soil conditions, location of the homes to the street, and age, to identify any potential issue due to boring which will be conducted as part of the reconstruction. Braun Intertec would be engaged to complete the surveys at the cost of $29,800.00. Mayor Raffery inquired if boring could be avoided. Director Grochala said that it is necessary due to compaction. i. Motion to: Approve Resolution 23-62, Approving Change Order No. 1 RESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Ruhland AYES: Lyden, Ruhland, Stoesz, Rafferty ABSENT: Cavegn RESULT: CARRIED [UNANIMOUS] MOVER: Stoesz SECONDER: Ruhland AYES: Stoesz, Ruhland, Lyden, Rafferty ABSENT: Cavegn RESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Stoesz AYES: Lyden, Stoesz, Ruhland, Rafferty ABSENT: Cavegn 7. UNFINISHED BUSINESS There was no unfinished business. 8. NEW BUSINESS There was no new business. 9. COMMUNITY EVENTS Mayor Rafferty reviewed the upcoming Community Calendar. ADJOURN 1. Motion to: Adjourn Meeting Adjourned at 7:01 PM. These minutes were considered and approved at the regular Council Meeting on July 24, 2023. Jolleen Chaika, City Clerk Rob Rafferty, Mayor RESULT: CARRIED [UNANIMOUS] MOVER: Ruhland SECONDER: Stoesz AYES: Ruhland, Stoesz, Lyden, Rafferty ABSENT: Cavegn CITY COUNCIL AGENDA ITEM 1F STAFF ORIGINATOR: Jolleen Chaika, City Clerk MEETING DATE: July 24, 2023 TOPIC: Consider Approval of Resolution 23-71, Authorizing a Special Event Permit and Temporary On-Sale Liquor License for the American Legion VOTE REQUIRED: Simple Majority (3/5 Vote Required) INTRODUCTION: The American Legion Post 566 has applied for a Special Event Permit Temporary On- Sale Liquor License for the annual Blue Heron Days Community Family Picnic which will be held on August 18-29, 2023 from 10:00 AM – 10:00 PM both days. BACKGROUND: The applicant is proposing to have food and alcoholic beverages for purchase, a band, activities presented by the Boy Scouts, and outdoor games. Legion members will be verifying ID’s and will provide security for the event. Wrist bands will be provided to patrons who are eligible to purchase alcoholic beverages. The application has been reviewed by staff, including the Public Safety Department. The applicant has been provided with a list of conditions which are also incorporated into the attached resolution. A Certificate of Insurance has been submitted by the American Legion to the City for this event. RECOMMENDATION: Approve Resolution No. 23-71 authorizing issuance of Special Event Permit and Temporary On-Sale Liquor License for the American Legion Post 566. ATTACHMENTS: Resolution 23-71 CITY OF LINO LAKES RESOLUTION NO. 23-71 AUTHORIZING A SPECIAL EVENT PERMIT AND TEMPORARY ON-SALE LIQUOR LICENSE FOR THE AMERICAN LEGION ON AUGUST 18-19, 2023 WHERAS, the American Legion has applied for a Special Event Permit and Temporary On-Sale Liquor License for the annual Blue Heron Days Community Family Picnic; and, WHERAS, the event plan includes food, alcoholic beverages, music, and activities; and, WHERAS, the Public Safety Department has reviewed plans for the event and approves the application as submitted with the requirement that the American Legion comply with tent regulations as provided in Chapter 31 of the City of Lino Lakes Code of Ordinances; and, WHEREAS, proof of general liability insurance has been submitted by the American Legion to cover all events held on the property; and, WHEREAS, the Legion will be open for restroom use and for first aid if needed; and, WHEREAS, city staff has reviewed the Special Event Permit application and plan for the event 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 and Temporary On-Sale Liquor License to the American Legion for the event scheduled on August 18-19, 2023 with conditions attached hereto. Adopted by the Council of the City of Lino Lakes this 24th day of July, 2023. ____________________________ Rob Rafferty, Mayor ATTEST: ________________________ Jolleen Chaika, City Clerk CITY COUNCIL AGENDA ITEM 1G STAFF ORIGINATOR: Meg Sawyer, Human Resources and Communications Manager MEETING DATE: July 24, 2023 TOPIC: Approve the Hiring of Part-Time Staff for the Rookery Activity Center VOTE REQUIRED: 3/5 INTRODUCTION The Council is being asked to approve the hiring of part-time staff for The Rookery. BACKGROUND Staff is seeking approval to hire part-time personnel to work at The Rookery. The recruiting process has identified candidates that will be a great addition to our staff at The Rookery. RECOMMENDATION Staff recommends the Council approve the hiring of the part-time personnel listed below: First Name Last Name Title Braeden French Lifeguard Abigail Williams Swim Instructor Gabrielle Williams Swim Instructor John Wortman Manager on Duty Jaden Manthey Lifeguard McKenna Lee Aquatics Lead Tyler Larson Child Watch Attendant Ashlyn Macoskey Child Watch Attendant Amanda Degerstrom Child Watch Attendant Henrik Hiltner Recreation Attendant Ariana Conroy Aqua Fitness Instructor Bethany Johansen Swim Instructor Emily Magnuson Lifeguard Start dates vary based on position and training schedule. Please approve the above personnel for the part-time positions at The Rookery Activity Center. CITY COUNCIL AGENDA ITEM 4B STAFF ORIGINATOR: John Swenson, Public Safety Director MEETING DATE: July 24, 2023 TOPIC: Night to Unite Road Closures VOTE REQUIRED: 3/5 INTRODUCTION The Lino Lakes Public Safety Department has partnered with community members to improve police community relationship for many years through Night to Unite (formally National Night Out) events. The Night to Unite (NTU) takes place annually on the first Tuesday in August which is August 1st this year. BACKGROUND Staff from the Public Safety Department worked with neighborhood organizers to plan NTU events, ensuring there is logistical support, and scheduling Public Safety resources across our entire City. There are a few neighborhood organizers that are requesting to close a road in their neighborhood to facilitate neighbors gathering for their NTU event. Neighborhood organizers who have requested road closures have received written approval from all residents impacted by the road closures. Below is a list of locations that have requested to close their streets from 6 PM to 9 PM to host a NTU event on Tuesday, August 1, 2023. 1.) Durango Point will be closed east of 1159/1150 Durango Point. 2.) Oakwood Lane will be closed north of Woodridge Lane. 3.) Gladstone Drive will be closed east of Lakeview Drive to west of Sunrise Drive. Staff from the Public Safety Department will work with members of Public Works to accommodate signage and barricades requests when appropriate. RECOMMENDATION Staff recommends approval of the road closures for these locations in support of NTU. ATTACHMENTS None CITY COUNCIL AGENDA ITEM 2A STAFF ORIGINATOR: Hannah Lynch, Finance Director MEETING DATE: July 24, 2023 TOPIC: Resolution 23-75, Appointment of Municipal Advisor VOTE REQUIRED: 3/5 BACKGROUND Local governments engage a municipal advisor to assist in the structuring and issuance of bonds. Other MA services include: • Meeting continuing disclosure requirements • Monitoring existing debt for refunding opportunities • Performing arbitrage rebate calculations • Assist with financial reviews of development proposals and negotiations related to the use of public subsidy • Perform tax increment financing (TIF) analysis and preparation of documents including, but not limited to TIF plans and TIF reports to the State Auditor’s Office • Perform tax abatement analysis, review, recommendations, and preparation of documents • Provide guidance on potential economic development programs and activities The contract with the city’s current municipal advisor, Baker Tilly, was up for renewal. In order to properly evaluate the renewal fees, services provided, and personnel assigned, the city put out a request for proposals. Staff reviewed the proposals and conducted interviews of three firms. Following the competitive process, staff recommends appointing Ehlers as the City’s Municipal Advisor. RECOMMENDATION Staff recommends approving Resolution 23-75, Appointment of Municipal Advisor. ATTACHMENTS Resolution 23-75 CITY OF LINO LAKES RESOLUTION NO. 23-75 APPOINTMENT OF MUNICIPAL ADVISOR WHEREAS, annually a municipal advisor is appointed by the City Council to assist in the undertaking of debt financing, and WHEREAS, those relationships should be reviewed periodically; and WHEREAS, prior to contract renewal with the current municipal advisor a competitive process was conducted which included request for proposals and firm interviews, and WHEREAS, it was determined Ehlers was the leading candidate in the services, team, and value to be provided to the city, and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes the appointment of Ehlers as the City’s Municipal Advisor, and BE IT FURTHER RESOLVED the Finance Director is directed to execute the contract with Ehlers for Municipal Advisory Services. Adopted by the City Council of the City of Lino Lakes this 24th day of July 2023. _______________________________ Rob Rafferty, Mayor ATTEST: ________________________ Jolleen Chaika, City Clerk CITY COUNCIL AGENDA ITEM 3A STAFF ORIGINATOR: Sarah Cotton, City Administrator MEETING DATE: July 24, 2023 TOPIC: Joint Powers Agreement with Anoka County for Assessment Services VOTE REQUIRED: 3/5 INTRODUCTION The City Council is being asked to consider a resolution approving a Joint Powers Agreement between the City of Lino and Lakes and Anoka County for assessment services. BACKGROUND The current five-year agreement for years 2019-2023 was adopted in 2017. Prior to the Council approving this agreement, staff was directed to look at other options for property assessments, including hiring a full-time assessor. Based on the Minnesota Local Government Salary & Benefits Survey updated annually by the League of Minnesota Cities, the annual cost of having an in-house assessor exceeds what the County can offer us. The JPA details a parcel rate for each type of property for 2024 assessment services as follows: • $10.40 for each improved parcel of residential, seasonal recreational residential and agricultural type property; • $4.60 for each unimproved parcel of residential, seasonable recreational residential and agricultural type property; • $62.00 for each improved and unimproved parcel of commercial, industrial and public utility type of property; • $62.00 for each improved and unimproved parcel of apartment and mobile home park type property; and • $4.60 for each improved and unimproved parcel of parcel of exempt property. It should be noted that the cost of each type of parcel will be increased in years 2025-2028 according to the County Assessor’s increase in operating costs, cost of living and merit adjustments established by the County Board. Both parties have the right to terminate the agreement by providing notice as outlined in the JPA. For comparison purposes only, the 2023 invoice for assessment services from Anoka County totals $97,030. The 2023 Budget includes $100,000 in resources for assessment services. RECOMMENDATION Consider Resolution No. 23-72, approving a Joint Powers Agreement between the City of Lino Lakes and County of Anoka for assessment of property. ATTACHMENTS Resolution No. 23-72 Joint Powers Agreement CITY OF LINO LAKES RESOLUTION NO. 23-72 RESOLUTION APPROVING A JOINT POWERS AGREEMENT BETWEEN THE CITY OF LINO LAKES AND COUNTY OF ANOKA FOR ASSESSMENT OF PROPERTY WHEREAS, pursuant to Minn. Stat. §273.072, subd. 1, any county and city, lying wholly or partially within the county and constituting a separate assessment district, may, by agreement entered into under Minn. Stat. §471.59, provide for the assessment of property in the City by the County Assessor; and WHEREAS, pursuant to Minn. Stat. §273.072, subd. 2, the agreement may provide for the abolition of the office of the City Assessor when the assessment of the property within the City is made under an agreement with the County Assessor; and WHEREAS, the City of Lino Lakes wishes to cooperate with the County to provide for a fair and equitable assessment of the property within the City; and WHEREAS, said work will be carried out in accordance with the provisions of Minn. Stat. §471.59. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota that the Joint Powers Agreement with Anoka County for assessment services be approved for the term beginning January 16, 2024, through May 15, 2029, unless earlier terminated as provided by the Joint Powers Agreement. Adopted by the City Council of the City of Lino Lakes this 24th day of July 2023. __________________________________ Rob Rafferty, Mayor ATTEST: _____________________________________ Jolleen Chaika, City Clerk Anoka County Contract No. C0010174 JOINT POWERS AGREEMENT BETWEEN THE CITY OF LINO LAKES AND COUNTY OF ANOKA FOR ASSESSMENT OF PROPERTY THIS AGREEMENT is made and entered into this _____ day of ______________, 2023, by and between the City of Lino Lakes, 600 Town Center Pkwy, Lino Lakes, Minnesota 55014, hereinafter referred to as the “Municipality”, and the County of Anoka, a political subdivision of the State of Minnesota, 2100 Third Avenue, Anoka, Minnesota 55303, hereinafter referred to as the “County”. WITNESSETH: WHEREAS, pursuant to Minn. Stat. § 273.072, subd. 1, any county and city, lying wholly or partially within the county and constituting a separate assessment district, may, by agreement entered into under Minn. Stat. § 471.59, provide for the assessment of property in the city by the county assessor; and WHEREAS, pursuant to Minn. Stat. § 273.072, subd. 2, the agreement may provide for the abolition of the office of the city assessor when the assessment of the property within the city is to be made under an agreement by the county assessor; and WHEREAS, it is the wish of the County to cooperate with the Municipality to provide for a fair and equitable assessment of the property within the Municipality; and WHEREAS, said work will be carried out in accordance with the provisions of Minn. Stat. § 471.59. NOW, THEREFORE, in consideration of the mutual covenants and agreements stated herein, the parties agree as follows: I. That said Municipality constitutes a separate assessment district which lies wholly within the County and that all property in the geographical boundaries of this district shall be assessed by the County Assessor of the County beginning with the assessment year 2025 (calendar year 2024), provided this Agreement is approved by the Commissioner of Revenue. II. Pursuant to Minn. Stat. § 273.072, subd. 2, the office of the City Assessor in the Municipality shall cease to exist on January 16, 2024 but not before the end of the term of the current City Assessor, if serving for a fixed term, or when an earlier vacancy occurs; provided, however, that upon the termination of this Agreement, the Office of City Assessor shall be automatically reestablished and shall be filled as provided by applicable law or charter in accordance with Minn. Stat. § 273.072. III. The term of this Agreement shall be from January 16, 2024, through May 15, 2029, unless earlier terminated as provided herein. IV. In consideration of said assessment services, the Municipality shall pay to the County an annual payment as follows: - 2 - May 15, 2024: Payment Due for 2025 Assessment May 15, 2025: Payment Due for 2026 Assessment May 15, 2026: Payment Due for 2027 Assessment May 15, 2027: Payment Due for 2028 Assessment May 15, 2028: Payment Due for 2029 Assessment V. For year 2024 assessment services, the Municipality shall pay the County as follows: A. Ten Dollars and 40/100s ($10.40) for each improved parcel of residential, seasonal recreational residential and agricultural type property; B. Four Dollars and 60/100s ($4.60) for each unimproved parcel of residential, seasonable recreational residential and agricultural type property; C. Sixty-Two Dollars and 00/100s ($62.00) for each improved and unimproved parcel of commercial, industrial and public utility type of property; and D. Sixty-Two Dollars and 00/100s ($62.00) for each improved and unimproved parcel of apartment and mobile home park type property. E. Four Dollars and 60/100s ($4.60) for each improved and unimproved parcel of parcel of exempt property. The same procedure shall be used, as described above, in the computation of the assessment payments due in 2025 through 2028, provided, however, that the cost for each type of parcel shall be increased according to the County Assessor’s increase in operating costs, cost of living and merit adjustments established by the Anoka County Board of Commissioners for January 1 to December 31 in the year prior to the date of the assessment. VI. Notwithstanding Section II. above, the County and/or Municipality shall have the right to terminate this Agreement by providing, at a minimum, six months written notice by certified mail, which notice shall be sent at least six months prior to January 2 of any year to terminate assessment services to be performed one year from such date (i.e. to terminate this Agreement for assessment services in the year 2026, the party must provide written notice of termination by not later than June 30, 2025). VII. COUNTERPARTS This Joint Powers Agreement may be executed in any number of counterparts, each one of which shall be deemed to be an original, but all such counterparts together shall constitute one and the same instrument. (remainder of page intentionally blank – signature page immediately follows) - 3 - IN WITNESS WHEREOF, the parties hereto have set their hands on the dates so indicated. COUNTY OF ANOKA CITY OF (INSERT CITY NAME) By: ________________________________ By: ________________________________ Matt Look, Chair Rob Rafferty Anoka County Board of Commissioners Mayor Dated: _____________________________ Dated: _____________________________ By: ________________________________ By: ________________________________ Rhonda Sivarajah County Administrator Title: ______________________________ Dated: _____________________________ Dated: _____________________________ APPROVED AS TO FORM By: _______________________________ By: _______________________________ Jason Stover Assistant County Attorney Title: ______________________________ Dated: ____________________________ Dated: ____________________________ I:\CIV\DK\CONTRACT\2017\JPA'S FOR ASSESSMENTS.docx CITY COUNCIL AGENDA ITEM 4A STAFF ORIGINATOR: John Swenson, Public Safety Director MEETING DATE: July 24, 2023 TOPIC: Approval of Ordinance # 04-23 Repealing Ordinance 01-22 Creating Chapter 512 Entitled Possession of Catalytic Converters VOTE REQUIRED: 3/5 INTRODUCTION The Minnesota legislature amended MN 325E.21 to address catalytic converter theft through the State of Minnesota. BACKGROUND Council adopted City of Lino Lakes Ordinance #01-22 on May 23, 2022 with the effective date of June 30, 2022. Ordinance #01-22 amended the City Code by adding a new chapter 512 entitled Possession of Catalytic Converters. This ordinance was requested by staff to provide ordinance language that enabled police officers to address the issue of catalytic converter theft. During the State of Minnesota legislative 2023 legislative session MN 325E.21 was amended and signed into law with an effective date of August 1, 2023. Staff and the City Prosecuting attorney have reviewed the amendments to MN 325.21 and determined that City Code Chapter 512, which was enacted under City Ordinance #01-22, is no longer need. The amendments to MN 325E.21 will make it illegal to possession a used catalytic converter that is not attached to a motor vehicle except in clearly defined exceptions outline in MN 325E.21. If Council approves Ordinance #04-23 there will be second reading at the August 14, 2023. If adopted by Council on August 14, 2023, Ordinance #04-23 will be published for 30 days with effective date of September 15, 2023. RECOMMENDATION Staff recommends approving ordinance 04-23 repealing Ordinance 01-22 Creating Chapter 512 Entitled Possession of Catalytic Converters. ATTACHMENTS City of Lino Lakes Ordinance 04-23 City of Lino Lakes Ordinance 01-22 1st Reading: July 24, 2023 Publication: 2nd Reading: Effective: CITY OF LINO LAKES ORDINANCE NO. 04-23 AN ORDINANCE REPEALING ORDINANCE 01-22 WHICH CREATED CHAPTER 512 ENTITLED POSSESSION OF CATALYTIC CONVERTERS The City Council of Lino Lakes ordains as follows: Ordinance 01-22, an ordinance amending Chapter 512 of the City Code, is hereby repealed in its entirety effective September 15, 2023. ____________________________ Rob Rafferty, Mayor ATTEST: ________________________ Jolleen Chaika, City Clerk 1 CITY COUNCIL AGENDA ITEM 6A STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: July 24, 2023 TOPIC: Watermark 6th Addition i.Consider Resolution No. 23-64 Approving Utility Staging Area Amendment and PUD Final Plan/Final Plat ii.Consider Resolution No. 23-65 Approving DevelopmentAgreement and Planned Unit Development Agreement iii.Consider Resolution No. 23-66 Approving Open SpaceEasement VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council consideration of the above noted resolutions. Complete Application Date: May 3, 2023 60-Day Review Deadline:July 2, 2023 60-Day Extension Deadline:August 31, 2023 Planning & Zoning Board Meeting: June 14, 2023 Council Work Session: July 24, 2023 City Council Meeting: July 24, 2023 This Council staff report provides updates to the June 14, 2023 Planning & Zoning staff report. Changes are either narratively described or shown as strikethrough (deletions) or underline (additions). BACKGROUND Watermark is a 372 acre master planned residential community consisting of 692 single family lots and 172 townhome units totaling 864 housing units. U.S. Home, LLC (aka Lennar) submitted a Land Use Application for Watermark 6th Addition PUD Final Plan/Final Plat. The plat proposes 48 single family lots and 2 outlots. 2 Previous Council approvals include: • June 13, 2016: Resolution No. 16-51 approving PUD Development Stage Plan/Preliminary Plat • October 9, 2017: Resolution No. 17-95 approving Amendment #1 to Land Use Plan • December 11, 2017: Resolution No. 17-133 approving Amendment #2 to Architectural Design Standards • October 14, 2019: Resolution No. 19-131 approving Amendment #3 to Architectural Design Standards At the November 7, 2022 Council Work Session, a PUD Concept Plan to amend the Watermark Land Use Plan was presented to the Council. The amendment proposed converting some of the villas lots to townhomes and introduced a 45ft wide lot housing product. The applicant, U.S. Homes, LLC has not submitted a land use application formally requesting to make these changes and those changes are not part of the 6th Addition. This staff report is based on the following information: • Cost Estimate Summary prepared by Carlson McCain dated December 16, 2022 • 6th Addition Specification Book prepared by Carlson McCain dated December 9, 2022 • Watermark 6th Addition Final Plat prepared by Carlson McCain • Watermark 6th Addition Sanitary Sewer, Water Main, Storm Sewer and Street Construction Plans prepared by Carlson McCain dated December 9, 2022 • Watermark 6th Addition Site Landscape Plan prepared by Carlson McCain dated December 9, 2022 • Watermark Grading, Development & Erosion Control Plan prepared by Carlson McCain revision date December 14, 2022 • Watermark 6th Addition Home Plans Booklet prepared by Lennar dated May 2, 2023 • Watermark Architectural Standards Matrix ANALYSIS PUD Development Stage Plan/Preliminary Plat The PUD Development Stage Plan approved by Resolution No. 16-51 establishes Watermark’s overall land use plan, street and utility layout, parks and open space plan, architectural design standards, landscaping and lot development standards. These standards are summarized in the PUD Master Plan Booklet and are incorporated as part of the Master Development Agreement. Each phase (i.e. addition) of development shall submit a PUD Final Plan consistent with the PUD Development Stage Plan. In October 2017, Council approved an amendment to the PUD Development Stage Plan’s overall Land Use Plan. The Land Use Plan established 871 housing units. As the applicant has worked through final plan design to address City and RCWD comments from the preliminary plat, the number of 55’ wide villas was reduced from 127 units to 120 units. The net number of housing units is now 864. 3 The net density is 3.39 units per acre and is consistent with the 2030 Comprehensive Plan’s required 3.0 to 4.5 units per acre. October 2018 Gross Area (acres) 372.24 Wetlands & Water Bodies 45.09 Public Parks & Open Space 66.25 Arterial ROW 5.46 Other (Undevelopable) 0.62 Net Area (acres) 254.82 # of Housing Units 864 Gross Density (units/acre) 2.32 Net Density (units/acre) 3.39 Grading and Trunk Utility Improvements Lennar commenced grading and trunk utility improvements in September 2018. Phase I grading was approximately 140 acres and Phase II grading was approximately 20 acres. Phase III grades out the balance of the site, approximately 212 acres. The 6th Addition final plat is within the Phase III grading limits. PUD Final Plan Watermark 6th Addition creates 48 single family lots and 2 outlots. The PUD Final Plan is consistent with the PUD Development Stage Plan in regards to the land use plan, street and utilities, parks and open space, lot standards and landscaping. The following housing types and products proposed for the 6th Addition are consistent with the approved Land Use Plan. Housing Type Lot Width Housing Product # Lots Single Family 55’-60’ Heritage/Villa 22 Single Family 55’-60’ Discovery 26 TOTAL 48 Architectural Standards Resolution No. 17-133 and Resolution No. 19-131 detail architectural design standards for the entire Watermark development. As required, a Watermark 6th Addition Home Plans summary 4 booklet and Architectural Standards Matrix were submitted. The booklet and matrix detail compliance of the housing products with the resolutions in regards to exterior materials and styles, house elevations and garage and porch requirements. There are over 8 different single family house plans with multiple facade and elevation options for a combination of over 50 different housing styles proposed for the 6th Addition. Color packages and anti-monotony plans will be included with each building permit application to ensure that the homes elevations are varied with a minimum of five different styles and those homes in proximity to each other not look alike in terms of the combination of color of siding, accent and roofing materials. Coventry by Alside vinyl siding with .042” panel thickness is proposed on all the housing units. All houses have minimum 4” window trim on the side and rear elevations to meet resolution requirements to incorporate an architectural feature into those elevations that are visible from 20th Avenue (CSAH 54), 21st Avenue N. and the public park. In summary, the Watermark 6th Addition single family housing types and products meet the architectural design standards requirements of Resolution No. 17-133 and Resolution No. 19-131. HOA Clubhouse Lot 1, Block 3, Watermark 4th Addition was platted for the future construction of the HOA clubhouse. Per the Master Development Agreement, the developer shall construct a private club house for the use of the residents of the Development once final plat approval for 518 lots has been granted by the City. With the approval of the 5th addition final plat, there were 613 approved lots. Per the 5th Addition Development Agreement, “The Watermark HOA clubhouse and related site improvements shall be completed and operating prior to Council approval of Watermark 6th Addition PUD Final Plan/Final Plat.” Site and architectural plans for the clubhouse have been approved and the building permit has been issued. Construction started in May 2023 and should be completed by late Fall. Staff will has evaluated progress on the clubhouse construction before presenting the 6th Addition PUD Final Plan/Final Plat to City Council for consideration. The foundation is complete and vertical construction has begun and staff supports approval of the 6th Addition. Subdivision Ordinance Conformity with the Comprehensive Plan and Zoning Code The Watermark 6th Addition final plat has been reviewed for compliance with the comprehensive plan, zoning and subdivision ordinance. The proposed final plat meets the performance standards of the subdivision and zoning ordinance and is consistent with the PUD Development Stage Plan/Preliminary Plat and Final Plan. Plat Phases 5 The following summarizes the number of lots platted per addition: Addition # SF Lots Remaining #SF Lots # TH Lots Remaining #TH Lots Total # Lots Remaining 692 172 864 1st 100 592 93 79 671 2nd 57 535 0 79 614 3rd 96 439 79 0 439 4th 91 348 0 0 348 5th 97 251 0 0 251 6th 48 203 0 0 203 Blocks and Lots The final plat creates 48 single family lots and 2 outlots. The following chart summarizes the purpose of the outlot: Outlot Purpose Ownership A Future Development, Wetland, Open Space and Trail Corridor Future HOA B Wetland and Open Space HOA All outlots will be deeded, owned, and maintained by a Homeowners Association (HOA). Easements Standard drainage and utility easements are being dedicated on individual lots and over Outlot B. The HOA documents note that Lots 2-8, Block 1, Watermark 6th Addition have limited ability to construct accessory structures due to drainage and utility easement. Street and Utilities The 6th Addition proposes construction of the following streets which are consistent with the PUD Development Stage Plan: Street Name Right-of-Way Width Street Width (Back to Back) 6 Norway Lane, Osakis Street 60 feet 32 feet Victoria Circle 60 feet 30 feet Rainy Lane 66 feet 36 feet Northbound and southbound right turn lanes on CSAH 54 (20th Avenue N) at Rainy Lane are shown on the turning lane construction plans. Anoka County Highway Department is also requiring a southbound left turn lane. Plans shall be revised accordingly. Watermain, sanitary sewer main, stormwater facilities, streets, sidewalks and trails are being constructed consistent with the PUD Development Stage Plan. The north 150 acres of the Watermark development is located in Utility Staging Area 1B (2025-2030). A portion of Watermark 5th Addition and 6th Addition is within this utility staging area. The City Council shall pass a resolution to allow the development to occur early in a 10-year staging area. Public Land Dedication and Fees As approved with Resolution No. 16-51, the City will require the following combination of land dedication and cash in lieu of land dedications: 1. Land dedication for the public and private parks will be credited from the total paymentin lieu.2. Costs for public park improvements and trail construction will be credited from the total payment in lieu. 3. Improvements to the private parks and recreational center will not be credited from thetotal payment in lieu. An 8.5 ft wide bituminous trail approximately 1,250lf in length will be constructed in the road right-of-way along 20th Avenue, Rainy Lane and into Outlot B. A Permanent Trail Easement over the trail section on Outlot B is required. The easement and exhibit shall be drafted and recorded after the trail has been constructed to ensure the trail is within the easement. Trail construction costs will be credited. No land is being dedicated in the 6th Addition. The following is a summary of the public land dedication and fees: Watermark 6th Addition Total # Units = 48 x Park Dedication Fee $3,300 7 = Cash in Lieu Value $158,400 - Trail Construction Costs ($37,500) TOTAL CASH FEE DUE = $120,900 Plans and specs for Watermark Park are complete and construction is scheduled for Spring 2023 with substantial completion by Fall 2023. Wetlands Wetland delineations were approved by RCWD and USACE in 2015. The delineation identified 28 wetlands totaling approximately 20 acres in size. The original approved WCA Sequencing Application proposed wetland impacts, wetland creation, wetland restoration and upland buffer establishment. In April 2018, the developer revised the application to purchase 3.3671 acres of wetland banking credits as the proposed compensatory mitigation action. The wetland fill, impacts and mitigation (wetland bank credits) occurred within the Phase I grading limits and are complete. In December 2020, the developer submitted another Wetland Replacement Plan to RCWD for the balance of the site. Phase 3 grading impacts 5.9784 acres of wetland which require a 1:1 mitigation. The plan was to buy wetland credits for mitigation; however, viable wetland restoration and creation opportunities exist within Phase 3; therefore, onsite restoration and creation will be used for mitigation. This is consistent with the Parks and Open Space Plan and the establishment of the greenway corridor including wetlands, trails and open space. To date, wetland mitigation and restoration has been completed on Wetland Restoration Area RA1. Wetland RA2 and RA3 are partially graded. Wetland mitigation and restoration shall be substantially completed in Restoration Area 2 (RA2) prior to Council approval of Watermark 7th Addition. Open Space Easement Section 7.2 of the Watermark Master Development Agreement states the owner shall provide the City with a perpetual open space easement. The easement protects the parks, open space, wetlands etc. from any land disturbance that is not consistent with the Restoration and Management Plan. Currently, a “blanket” easement is in place that covers all outlots in Watermark. As each such outlot is further subdivided, the blanket easement area is re-defined with a detailed open space easement. An Open Space Easement shall be recorded over Outlot B, Watermark 6th Addition. The Watermark 6th Addition Final Landscape Plan details the location of required “Protected Open Space Area” signs. 8 Development Agreement Master Development Agreement A Master Development Agreement was recorded in March 2019. The Agreement covers the entire 372 acre site and details the terms and conditions of City approvals, the Development Plans, the required public and private improvements as part of the first and subsequent phase, the standards for the timing and financing of the improvements, required HOA documents and the terms of payment. Development Agreement and Planned Unit Development Agreement The City will also require our standard Development Agreement specific to each phase of development. This agreement further details required improvements and securities. The City Engineer will draft this Agreement and it shall be approved by the City Council. Per Watermark 5th Addition Development Agreement, 18. c. At the discretion of the City outstanding punch list items from Watermark 1st and 2nd Addition shall be finalized prior to Council approval of Watermark 6th Addition PUD Final Plan/Final Plat. This clause shall exclude punch list items identified during the warranty period. Per the City Engineer, the street and utility punch list items have been completed. The City will continue to work with the developer regarding open space and landscaping restoration items. Securities will not be reduced until these items have been addressed. Homeowner’s Association (HOA) The City Attorney reviewed the HOA documents and had no comments. Title Commitment The City Attorney reviewed the title commitment and final plat and notes the existence of several mortgages that either need to be resolved and removed or mortgagees must consent to plat. The title commitment shall be updated to within three (3) months. A partial release of mortgage has been executed and will be recorded. The title commitment will then be updated. Mylars will not be released for recorded until these items have been satisfied. Stormwater Maintenance Agreement The stormwater facilities will be covered under the City’s Programmatic Stormwater Management Agreement after they have been installed and accepted by the City. Findings of Fact 9 The Findings of Fact for Watermark 6th Addition PUD Final Plan/Final Plat are detailed in Resolution No. 23-64. RECOMMENDATION The Planning & Zoning Board reviewed the Watermark 6th Addition PUD Final Plan/Final Plat on June 14, 2023 and recommended approval with a 7-0 vote. ATTACHMENTS 1. Resolution No. 23-64 2. Final Plat 3. Resolution No. 23-65 4. Development Agreement and Planned Unit Development Agreement 5. Resolution No. 23-66 6. Open Space Easement Watermark 6th Addition City Council July 24, 2023 1 Land Use Application•Watermark 6th Addition •PUD Final Plan •Final Plat •48 SF lots •2 outlots 2 3 Architectural Standards•Res No 17-133 detailed arch design standards for Watermark •Exterior materials & styles and House elevations •Garage and porch requirements •Watermark 6th Addition Home Plans booklet •Architectural Standards Matrix •8 different single family house plans •Combination of over 50 different elevations and floor plans •Color packages and anti-monotony are submitted with BP 4 Plat Phases 5 Addition # SF Lots Remaining #SF Lots # TH Lots Remaining #TH Lots Total # Lots Remaining 692 172 864 1st 100 592 93 79 671 2nd 57 535 0 79 614 3rd 96 439 79 0 439 4th 91 348 0 0 348 5th 97 251 0 0 251 6th 48 203 0 0 203 6 Final Plat •48 SF lots •2 outlots B A Outlot Purpose Ownership A Future Development, Wetland, Open Space and Trail Corridor Future HOA B Wetland and Open Space HOA 7 Utility Staging Area •North 150 acres is located in Utility Staging Area 1B (2025-2030). •Portion of Watermark 5th Addition and 6th Addition is within this utility staging area. •Council shall pass a resolution to allow the development to occur early in a 10-year staging area. 8 Park Dedication •Trail construction Watermark 6th Addition Total # Units =48 x Park Dedication Fee $3,300 = Cash in Lieu Value $158,400 -Trail Construction Costs ($37,500) TOTAL CASH FEE DUE =$120,900 Agreements•Open Space Easement •Outlot B •Development Agreement and PUD Agreement •Standard DA specific to each addition •HOA Documents 9 PUD Final Plan/Final Plat •PUD Final Plan is consistent with the PUD Development Stage Plan in regards to: •land use plan •street •utilities •parks and open space •lot standards •Landscaping •Final Plat is consistent with Preliminary Plat 10 Recommendation•Planning & Zoning Board reviewed the Watermark 6th Addition PUD Final Plan/Final Plat on June 14, 2023 and recommended approval with a 7-0 vote. 11 Council Consideration•Resolution No. 23-64 Approving Utility Staging Area Amendment and PUD Final Plan/Final Plat •Resolution No. 23-65 Approving Development Agreement and Planned Unit Development Agreement •Resolution No. 23-66 Approving Open Space Easement 12 1 CITY OF LINO LAKES RESOLUTION NO. 23-64 RESOLUTION APPROVING UTILITY STAGING AREA AMENDMENT AND WATERMARK 6th ADDITION PUD FINAL PLAN/FINAL PLAT WHEREAS, the City received a land use application for Watermark 6th Addition PUD Final Plan/Final Plat approval hereafter referred to as Development; and WHEREAS, City staff completed review of the proposed Development based on the following plans and information: •Cost Estimate Summary prepared by Carlson McCain dated December 16, 2022 •6th Addition Specification Book prepared by Carlson McCain dated December 9, 2022 •Watermark 6th Addition Final Plat prepared by Carlson McCain •Watermark 6th Addition Sanitary Sewer, Water Main, Storm Sewer and StreetConstruction Plans prepared by Carlson McCain dated December 9, 2022 •Watermark 6th Addition Site Landscape Plan prepared by Carlson McCain datedDecember 9, 2022 •Watermark Grading, Development & Erosion Control Plan prepared by Carlson McCainrevision date December 14, 2022 •Watermark 6th Addition Home Plans Booklet prepared by Lennar dated May 2, 2023 •Watermark Architectural Standards Matrix; and WHEREAS, the City Council the approved the PUD Development Stage Plan/Preliminary Plat with Resolution No. 16-51 on June 13, 2016; and WHEREAS, the Planning & Zoning Board reviewed and recommended approval of the Development on June 14, 2023; and WHEREAS, the north 150 acres of the Watermark development is located in Utility Staging Area 1B (2025-2030); and WHEREAS, a portion of Watermark 5th Addition and Watermark 6th Addition is within this utility staging area; and WHEREAS, the 2040 Comprehensive Plan allows a specific development project to occur early in a 10-year staging area prior to the timing indicated on the staging plan based on the following criteria: 1. The proposed development must be located within both the current and the next 10-year staging area, or five-year phase, or located adjacent to the current staging area. Attachment 1: Resolution no. 23-64 2 Watermark 5th Addition and Watermark 6th Addition are located within the current Utility Staging Area 1A (2018-2025) and next Utility Staging Area 1B (2025-2030). 2. The proposed development must be master planned. Small, piecemeal developments donot justify redefining the 10-year staging area, or five-year phase. The entire Watermark development is a Planned Unit Development master plan. 3. The proposed, master planned project must provide discernable public values. Council Resolution No. 16-51 approved the Watermark PUD Development StagePlan/Preliminary Plat and detailed discernable public values. 4. Adequate infrastructure must be available to support development. Appropriate analysiswill determine if adequate infrastructure is available and what utility extensions andtransportation improvements are required to support new development. Adequate infrastructure is available to support the Development. Infrastructure needs were analyzed with approval of the PUD Development Stage Plan. 5.There must be a commitment that the development will pay its proportionate share ofinfrastructure improvement costs associated with development. The Developer shall enter into a Development Agreement with the City committing to pay its proportionate share of the infrastructure improvements; and WHEREAS, the Development is found to meet the criteria to allow development to occur early in a 10-year staging area; 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 the conditions listed below. 2. The City Attorney reviewed the status of title/property ownership related to the final platwith conditions listed below.3.A Development Agreement has been drafted and shall be executed.4. Conditions attached to approval of the preliminary plat have been fulfilled or secured by the Development Agreement. 5. All fees, charges and escrow related to the preliminary or final plat have been paid in full. 3 BE IT FURTHER RESOLVED 1. Outlot B, Watermark 6th Addition is preserved as permanent Open Space and shall be improved by the Developer in accordance with the approved plans and upon completionand acceptance by the city of such improvements, they shall be owned and maintained bya Homeowner’s Association in accordance with an approved Restoration andManagement Plan. 2.A Permanent Trail Easement covering the trail on Outlot A, Watermark 6th Addition shall be recorded after the trail has been constructed. A copy of the recorded easementshall be provided to the City prior to Council approval of Watermark 7th Addition.3. An annexation amendment to neighborhood declaration of covenants and supplementaldeclaration of covenants citing deed restriction shall be recorded over Lots 2-8, Block 1, Watermark 6th Addition stating that these lots have limited ability to construct accessory structures due to drainage and utility easement.4. Grading and seeding per the approved RCWD permit 20-115 shall be substantiallycompleted in Restoration Area 2 (RA2) prior to Council approval of Watermark 7thAddition. 5.Financial securities will not be reduced until City punch list items related to Watermark 1st Addition and Watermark 2nd Addition items have been addressed. This clause shallexclude items identified during the warranty period.6. The City Council shall pass a resolution to allow the north 150 acres of the developmentto occur in Utility Staging Area 1B (2025-2030). BE IT FURTHER RESOLVED the following items shall be addressed prior to release of final plat mylars: 1. The 6th Addition Development Agreement shall be approved by the City Council, executed and recorded against the property. 2. Any staff comments requiring revisions to the final plat shall be addressed.3.Sheet 2, Outlot B states “Drainage and Utility Easement (Over all of Outlot A)”. Pleaserevise.4. Sheet 2, City of Anoka shall be changed to City of Lino Lakes. 5. The outlots on all the plan sets and final plat shall be consistent. a.For example, the construction plans and landscape plans show Outlot A west ofRainy Lane. The final plat shows Outlot A east of Rainy Lane.6.Title Commitment and Final Plata.Existing mortgages shall be resolved and removed from title or mortgagees must consent to plat. b.Title commitment shall be updated to within three (3) months. BE IT FURTHER RESOLVED the following items shall be addressed prior to issuance of any single family home building permits within the 6th Addition: 1. All comments from the City Engineer Letter dated June 7, 2023 shall be addressed.2.All comments from Environmental Coordinator Memo dated June 7, 2023 shall be 4 addressed. 3. All comments from Anoka County Highway Department letter dated February 9, 2023 shall be addressed. 4. Copies of the following executed and recorded documents shall be submitted to the City:a.Final Platb. Development Agreementc. Homeowner’s Association i.Annexation Amendment to Neighborhood Declaration of Covenants for Watermarkii.Sixth Supplemental Declaration of Covenants for Watermark SingleFamilyd.Open Space Easement e.Deed for Outlot B to HOA. Adopted by the City Council of the City of Lino Lakes this 24th day of July 2023. _______________________________ Rob Rafferty, Mayor ATTEST: ________________________ Jolleen Chaika, City Clerk WATERMARK 6TH ADDITIONENGINEERINGSURVEYINGENVIRONMENTALLANE VICTORIACIRCLENORWAY LANE OSAKIS WETLANDINSET Aof 2 sheets)(see sheet 2STREET RAINYAttachment 2: Final Plat WATERMARKENGINEERINGSURVEYINGENVIRONMENTAL6TH ADDITIONRAINY LANEVICTORIA CIRCLE NORWAY LANEOSAKIS STREETRAINY LANE RAINYLANEINSET A CITY OF LINO LAKES RESOLUTION NO. 23-65 RESOLUTION APPROVING WATERMARK 6th ADDITION DEVELOPMENT AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT WHEREAS, on July 24, 2023 the City Council passed Resolution No. 23-64 approving Watermark 6th Addition PUD Final Plan/Final Plat; and WHEREAS, the City’s subdivision ordinance and conditions of approval require the execution of a development agreement between the Developer and the City of Lino Lakes NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes approves the Development Agreement and Planned Unit Development Agreement between US Home, LLC and the City of Lino Lakes for Watermark 6th 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 24th day of July 2023. _______________________________ Rob Rafferty, Mayor ATTEST: ________________________ Jolleen Chaika, City Clerk Attachment 3: Resolution No. 23-65 DEVELOPMENT AGREEMENT and PLANNED UNIT DEVELOPMENT AGREEMENT Watermark 6th Addition THIS AGREEMENT is made this _____ day of ____________, 2023, by and between the City of Lino Lakes (“City”), a Minnesota municipal corporation, and U.S. Home, LLC, a Delaware limited liability company (“Developer”). 1.Subdivision. Developer received preliminary plat approval from the City by Resolution No. 16-51 for a plat known as Watermark (“Subdivision”). Unless otherwise stated, all terms and conditions of this Agreement relate to work within the Subdivision. 2.Final Plat Approval. The City’s approval of the final plat of Watermark 6th 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. 23-64. The Final Plat including 48 lots is attached hereto as Exhibit A. 3.Phased Development. The City may refuse to approve final plats of subsequent additions of the plat if the Developer has breached this Agreement and the breach has not been remedied. Development of subsequent phases may not proceed until Development Agreements for such phases are approved by the City and are fully executed. 4.Developer Plans. a.The 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.Watermark 6th Addition Final Plat, containing 2 sheets, prepared by Carlson McCain, received December 12, 2022. ii.Watermark 6th Addition Sanitary Sewer, Water Main, Storm Sewer and Street Construction plan set containing 15 sheets, dated December 9, 2022, prepared by Carlson McCain. Attachment 4: Development Agreement and Planned Unit Development Agreement Watermark 6th Addition Development Agreement July 24, 2023 page 2 iii.Watermark 6th Addition Construction Plans for Turn Lanes plan set containing 8 sheets, dated December 9, 2022, prepared by Carlson McCain. iv.Watermark Grading, Development & Erosion Control Plan, containing 24 sheets, prepared by Carlson McCain, revision date December 9, 2022. v.Watermark 6th Addition Landscape Plans, containing 3 sheets, prepared Carlson McCain, dated December 9, 2022 5.Permits. The Developer shall be responsible for securing all site grading and development approvals and all other required permits from all appropriate Federal, State, Regional and Local jurisdictions prior to the commencement of site grading or construction and prior to the City awarding construction contracts for public improvements. 6.Developer Improvements. The Developer shall secure a contractor to install the improvements described in this paragraph, or otherwise required herein to be installed by Developer, hereinafter referred to as the “Developer Improvements,” which contractor shall be approved by the City in its absolute and sole discretion. The Developer Improvements shall be constructed per the City Standard Specifications for Construction 2022 (Revised January 2022), 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 Watermark 6th Addition Development Agreement July 24, 2023 page 3 revised plan is submitted and approved in writing by the City and all other regulatory agencies. ii. The street right-of-way, storm water storage ponds, and surface water drainage ways shall be graded prior to commencement of utility construction. Four inches of topsoil and a City approved seed mix shall be installed within disturbed areas, and seed mix information shall be provided to the City. iii. The Developer shall be responsible for ascertaining that site geotechnical and groundwater conditions are adequate and conforming with the grading and site improvement as proposed. The Developer shall provide testing from an approved testing company. iv. The Developer’s engineer shall certify in writing, with an as-built survey, that all grading complies with the approved grading plan prior to issuance of any building permits. v. The Developer shall promptly clear dirt and debris within public rights-of- way and drainage and utility easements resulting from construction by the Developer, its purchasers, builders and contractors within five (5) days after notification by the City. The Developer shall be responsible for all necessary street and storm sewer maintenance, including street sweeping, until all home construction is completed, unless otherwise released by the City. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on them, including detour signs if necessary. If and when the streets become impassable, such streets shall be barricaded and closed. The Developer shall maintain a smooth, hard driving surface and adequate drainage on all temporary streets. c. Final street grading, subbase, gravel base, concrete curb and gutter, and bituminous base and wear course, street signs and striping shall be furnished and installed. d. Sidewalks, trails and street lighting shall be installed within 6 months of the bituminous base course. Extensions may be approved by the City Engineer, due to weather conditions, upon receipt of a written request in writing by the Developer to the City. In no case shall such extension extend beyond one year from the date of installation of bituminous base course. e. Storm sewers, when determined to be necessary by the City Engineer, including all necessary laterals, catch basins, inlets and other appurtenances, shall be furnished and installed. Watermark 6th Addition Development Agreement July 24, 2023 page 4 f. Sanitary sewer mains, laterals or extensions, including all necessary building services and other appurtenances, shall be furnished and installed. g. Water mains, laterals or extensions, including all necessary building services, hydrants, valves and other appurtenances, shall be furnished and installed. h. The Developer shall place iron monuments at all lot, block, and outlot corners and at all other angle points on boundary lines consistent with the final plat. Iron monuments shall be placed after all street and lawn grading has been completed in order to preserve the lot markers for future property owners. Lot corner irons on the back property line shall be installed so that the top of the iron corresponds to the finished ground elevation in accordance with the approved grading plan. Guard stakes shall be appropriately installed to mark these irons. i. Landscaping shall be furnished and installed in accordance with the approved plans. Boulevard Tree Planting shall be the responsibility of the Developer. Developer shall confirm tree selection with City prior to ordering. City retains the right to make changes to species prior to ordering. Developer shall be responsible for vegetative restoration of ponding areas, outlots, wetland mitigation areas, and other native planting areas identified on the plans in accordance with City Standard Specifications for Construction. Developer shall provide a contract with a qualified firm for the establishment and maintenance of all open space / native plant areas. Said contract shall cover a minimum of the 3 year establishment period, from the date of planting. j. The Developer shall arrange for all gas, telecommunications, cable, internet, electric, and other necessary private utility services to the Subdivision in accordance with City Code and State law. The utilities are required to be located within a joint trench. Street light installations shall be initiated by the Developer with City Engineer approval. The Developer is solely responsible for the cost of private utility and internet installation. k. The Developer shall install mailboxes in accordance with Federal and Postal Service regulations. l. The Developer shall install wetland buffer signs per City standard detail plates prior to the issuance of building permits. 7. Time of Performance. The Developer shall install all required improvements enumerated in Paragraph 6 by October 31, 2024. The Developer may request a reasonable extension of time from the City. If the extension is granted, it shall be Watermark 6th Addition Development Agreement July 24, 2023 page 5 conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 8. City Improvements. No City installed improvements are proposed to be constructed for this subdivision. 9. Record Drawings. a. Upon project completion, Developer shall submit record drawings, in electronic format, of all public and private infrastructure improvements, including grading, sanitary sewer, watermain, storm sewer facilities, and roads, constructed by Developer. The files shall be drawn in Anoka County NAD 83 Coordinate system and provided in both AutoCAD .dwg and Adobe .pdf file formats. The plans shall include accurate locations, dimensions, elevations, grades, slopes and all other pertinent information concerning the complete work. b. The Developer shall submit certified compaction testing results for the site grading operations that certify that grading work meets pertinent compaction requirements for the project. 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 Watermark 6th Addition Development Agreement July 24, 2023 page 6 any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this agreement. The Irrevocable Letter of Credit shall be automatically extended for additional periods of one year from present or future expiration dates on an annual basis, unless at least sixty (60) days prior to the expiration date, the Community Development Director and City Engineer, are notified by certified mail or overnight courier, that the Letter of Credit will not be extended. c. Alternatively, the Developer may enter into a Public Improvement Surety Agreement, subject to City approval. d. Reduction of Security. The Developer may request reduction of the Letter of Credit or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. 11. Warranty. The Developer warrants all utility work required to be performed by it against poor material and faulty workmanship for a period of two years after its completion and acceptance by the City. All new streets shall be warranted by the developer for a period of one year from the time the final inspection of the street is completed and accepted by the City 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. Watermark 6th Addition Development Agreement July 24, 2023 page 7 a.The Developer agrees to establish a non-interest bearing escrow account with the City in an amount determined by the City Administrator or their designee for the payment of all costs incurred by the City related to the development of the Subdivision including, but not limited to, the following (See Exhibit B for breakdown of costs): i.Planning/ Review ii. Administration - 3% of Developer Improvement Costs iii.City Engineering and Legal iv.Street lighting installation (by utility company, developer to initiate) v.Boulevard tree planting. Not Applicable, Lennar to install vi.Street, storm sewer and pond maintenance vii.Property Taxes. Should the recording of the Final Plat occur after July 1st, any and all property taxes on any public property dedicated as a part of this plat shall be the responsibility of the Developer. b.If the above escrow amounts are insufficient, the Developer shall make such additional deposits as required by the City. The City shall have a right to reimburse itself from the Escrow with suitable documentation supporting the charges. 16.Developer Fees. At the time of execution of this Agreement, the Developer shall pay the following fees related to the development of the Subdivision (See Exhibit B for breakdown of costs): a.Park Dedication The Park Dedication Fee for this site is calculated as follows: Watermark 6th Addition Total # Units = 48 x Park Dedication Fee $3,300 = Cash in Lieu Value $158,400 Watermark 6th Addition Development Agreement July 24, 2023 page 8 - Trail Construction Costs ($37,500) TOTAL CASH FEE DUE = $120,900 b. The Developer shall pay 15 months of maintenance and energy costs for street lights installed within the Subject Property at the rate of $8/month/light. After that the City will assume the costs. c. GIS Mapping Fees d. Trunk Sewer Connection Fees The City established trunk utility connection fees to uniformly distribute the costs of public trunk sanitary sewer infrastructure. The Trunk Utility Connection Fee consists of two components; a Trunk Charge and an Availability Charge. Trunk Charge The trunk charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. Residential trunk charges are based on one unit per dwelling unit. Sanitary Sewer $1,695.00 Per Unit Availability Charge For residential properties, the availability charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. Residential uses shall be assigned one unit per dwelling unit unless otherwise noted by MCES. 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. e. Trunk Water Connection Fees Watermark 6th Addition Development Agreement July 24, 2023 page 9 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 unless otherwise noted by MCES. City Water (CWAC) $1,532.00 Per SAC Unit 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 Area Charges were assessed in 2021 in accordance with the Watermark Master Development Agreement. The assessments for this portion of the development are based on the payout amounts for the effected outlots as outlined in Exhibit B. 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. Watermark 6th Addition Development Agreement July 24, 2023 page 10 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, 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 Watermark 6th Addition Development Agreement July 24, 2023 page 11 more than one, such liability shall be joint and several. In addition to any other rights and remedies upon Developer’s default, the City may refuse to issue building permits and/or Certificates of Occupancy for any property within the Subdivision until such time as such default has been corrected to the satisfaction of the City. The Developer agrees to reimburse the City for all costs incurred by the City in the enforcement of this agreement, or any portion thereof, including court costs and reasonable engineering and attorneys' fees, if the City prevails in any enforcement action. 18. Building Permits. No building permits shall be issued until: a. Site grading, certified compaction testing, City sewer, water, storm sewer, and bituminous base construction of the streets, temporary street signs, gas, electric, telecommunication, cable and internet are installed and approved by the City, 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. Outlot B, Watermark 6th Addition is preserved as permanent Open Space and shall be improved by the Developer in accordance with the approved plans and upon completion and acceptance by the city of such improvements, they shall be owned and maintained by a Homeowner’s Association in accordance with an approved Restoration and Management Plan. b. A Permanent Trail Easement covering the trail on Outlot A, Watermark 6th Addition shall be recorded after the trail has been constructed. A copy of the recorded easement shall be provided to the City prior to Council approval of Watermark 7th Addition. c. An annexation amendment to neighborhood declaration of covenants and supplemental declaration of covenants citing deed restriction shall be recorded Watermark 6th Addition Development Agreement July 24, 2023 page 12 over Lots 2-8, Block 1, Watermark 6th Addition stating that these lots have limited ability to construct accessory structures due to drainage and utility easement. d. Grading and seeding per the approved RCWD permit 20-115 shall be substantially completed in Restoration Area 2 (RA2) prior to Council approval of Watermark 7th Addition. e. Financial securities will not be reduced until City punch list items related to Watermark 1st Addition and Watermark 2nd Addition items have been addressed. This clause shall exclude items identified during the warranty period. f. The City Council shall pass a resolution to allow the north 150 acres of the development to occur in Utility Staging Area 1B (2025-2030). g. Homeowners’ Association Covenants and Restrictions i. The Developer shall establish a Homeowners’ Association (the “HOA”) for all phases of the Development and shall submit a Master Homeowners’ Association Covenants and Restrictions to the City Attorney for review. The Master Homeowners’ Association Covenants and Restrictions shall, among other matters, provide for the collection of annual dues for the HOA’s maintenance obligation for the [fence and noise wall, collectively, the “Buffer”] within each phase of the Development, together with reasonable reserves. The Covenants and Restrictions shall provide that the City has the right to perform maintenance of the Buffer if the HOA fails to do so in compliance with applicable rules and regulations, and allow for the City to assess a lien or a Minn. Stat. Ch. 429 special assessment against the homesites for work which was to be paid for by the HOA dues. Homeowners’ Association Covenants and Restrictions applicable to each phase will be submitted at the time of final plat approval of each phase, and the City shall have the right to review and to approve those portions of the Covenants and Restrictions for each Community within the Development that are required by the terms of this Agreement. Any amendments to the Homeowner’s Association Covenants impairing the rights of the City shall be approved by the City Attorney. The Developer and Owner hereby waive, on their own behalves and on behalf of future owners, any procedural or substantive challenge to assessments under this section. All Covenants for the Project shall include language consistent with this section. 20. Hours of Construction Activity. All construction activity shall be limited to the hours as follows: Watermark 6th Addition Development Agreement July 24, 2023 page 13 Monday through Friday 7:00 a.m. to 7:00 p.m. Saturday 9:00 a.m. to 5:00 p.m. Sunday and Holidays No working hours allowed 21.Insurance. Developer or its general contractor shall take out and maintain until one year after the City accepted the Developer Improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's or general contractor’s work, as the case may be, or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than Five Hundred Thousand and no/100 ($500,000.00) Dollars for one person and Two Million and no/100 ($2,000,000.00) Dollars for each occurrence; limits for property damage shall be not less than One Million and no/100 ($1,000,000.00) Dollars for each occurrence; or a combination single limit policy of Two Million and no/100 ($2,000,000.00) Dollars or more. The City, its employees, its agents and assigns shall be named as an additional insured on the policy, and the Developer or its general contractor shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. 22.Developer’s Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, including but not limited to attorney and engineering fees, provided the Developer is first given notice of the work in default, not less than 48 hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, levy the cost in whole or in part as a special assessment against the Subject Property. Developer waives its rights to notice of hearing and hearing on such assessments and its right to appeal such assessments pursuant to Minnesota Statutes, chapter 429. 23.General. a.Binding Effect The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land, unless otherwise released pursuant to section 14 of this Agreement. Watermark 6th Addition Development Agreement July 24, 2023 page 14 b. Validity. If a portion, section, subsection, sentence, clause, paragraph or phrase in this agreement is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Development Agreement. c. Notices Whenever in this Agreement it shall be required or permitted that notice or demand be given or served by either party to this Agreement to or on the other party, such notice or demand shall be delivered personally, or mailed by United States mail to the addresses below, or sent by email to the email address below. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above or when emailed. The addresses of the parties are as set forth until changed by notice given as above. U.S. Home, LLC 16305 36th Avenue N, Suite 600 Plymouth, MN 55446 Joe.Jablonski@Lennar.com Community Development Director City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 mgrochala@linolakes.us Watermark 6th Addition Development Agreement July 24, 2023 page 15 24. Land Use Controls - Planned Unit Development. Watermark is a Planned Unit Development (PUD) as approved by the City Council by Ordinance No. 04-16, Resolution No. 16-151, Resolution No. 19-137, Resolution No. 20- 30, Resolution No. 21-20, and Resolution No. 22-78. 25. Master Development Agreement. Watermark is governed by the terms of this Agreement, as well as the terms of the Master Development Agreement between the Developer and City. The two Agreements shall be construed together, and the requirements and obligations of the Agreements are cumulative. In the event of a direct conflict between the two Agreements, the Agreement imposing the greater obligation on Developer shall govern. Watermark 6th Addition Development Agreement July 24, 2023 page 16 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 Watermark 6th Addition Development Agreement July 24, 2023 page 17 THIS PAGE INTENTIONALLY LEFT BLANK Watermark 6th Addition Development Agreement July 24, 2023 page 18 Execution page of the Developer to the Development Agreement, dated as of the date and year first written above. DEVELOPER By ______________________ Jon Aune Its Vice President STATE OF MINNESOTA ) ) SS COUNTY OF __________ ) On this _______ day of _______________, 2023, before me, a Notary Public within and for said County, personally appeared Jon Aune, Vice President of U.S. Home, LLC. (Developer), who executed the foregoing instrument. ______________________________ Notary Public This instrument was drafted by: City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 Watermark 6th Addition Development Agreement July 24, 2023 page 19 CONSENT AND SUBORDINATION – NOT APPLICABLE _____________________________, 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 Watermark 6th Addition Development Agreement July 24, 2023 page 20 EXHIBIT A Final Plat Watermark 6th Addition Development Agreement July 24, 2023 page 21 EXHIBIT B Securities, Escrows & Fees 7/13/2023 EXHIBIT B Securities, Escrows & Fees PROJECT: WATERMARK 6TH ADDITION NUMBER OF REU's:48 APPLICANT: US HOME CORPORATION NO. OF LOT FRONTAGES 55 AREA (ACRES):19.5 IMPROVEMENTS COST DEVELOPER IMPROVEMENT COSTS (Public) SITE GRADING $0 EROSION CONTROL $15,000 LANDSCAPING $100,000 TRAIL $37,500 STREETS $964,810 TURN LANE $159,535 STORM SEWER CONST.$317,670 SANITARY SEWER CONST.$296,507 WATERMAIN CONST.$414,068 ENGINEERING & SURVEYING $34,576 Total $2,339,666 Letter of Credit Amount X 150%$3,509,499 ESCROW for CITY'S COSTS PLANNING/ REVIEW $0 ADMINISTRATION $70,190 ENGINEER PLAN REVIEW $3,000 ENGINEER CONSTRUCTION SERVICES $81,888 PROJECT FINAL DOCUMENTS & CITY ENGINEER $5,500 STREET LIGHT INSTALLATION $21,000 STREET & STORMWATER MAINTENANCE $3,000 PROPERTY TAXES $0 BOULEVARD TREE PLANTING $0 Total $184,578 DEVELOPMENT FEES PARK DEDICATION $158,400 PARK DEDICATION CREDIT ($37,500) Subtotal Park Dedication Fee $120,900 AUAR $5,246 GIS MAPPING FEE $4,320 STREET LIGHTING OPERATION $840 Total $131,306 TRUNK SANITARY SEWER TRUNK CHARGE PER (ACRE OR UNIT)$81,360 AVAILABILITY CHARGE PER SAC UNIT $76,128 TRUNK SANITARY SEWER CREDIT $0 TRUNK WATERMAIN TRUNK CHARGE PER (ACRE OR UNIT)$116,880 AVAILABILITY CHARGE PER SAC UNIT $73,536 TRUNK WATERMAIN CREDIT ($107,700) TOTAL TRUNK SEWER & WATER FEES $240,204 Letter of Credit Amount X 35% $84,071 SURFACE WATER MANAGEMENT $70,025 SURFACE WATER MANAGEMENT CREDIT $0 TOTAL SURFACE WATER MANAGEMENT FEES $70,025 SUMMARY OF SECURITIES, ESCROW & FEES SECURITY: DEVELOPER IMP'MENT COSTS $3,509,499 ESCROW FOR CITY COSTS: CASH $184,578 DEVELOPMENT & SURFACE WATER FEES: CASH $201,331 SECURITY: TRUNK FEES $84,071 CITY OF LINO LAKES RESOLUTION NO. 23-66 RESOLUTION APPROVING WATERMARK 6TH ADDITION OPEN SPACE EASEMENT WHEREAS, on December 10, 2018 the City Council passed Resolution No. 18-144 approving the Watermark Master Development Agreement; and WHEREAS, Section 7.2 of the Master Development Agreement requires an Open Space Easement; and WHEREAS, this Open Space Easement covers the following outlot: •Outlot B, Watermark 6th Addition; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes approves the Open Space Easement between US Home, LLC and the City of Lino Lakes and authorizes the Mayor and City Clerk to execute such agreement on behalf of the City. BE IT FURTHER RESOLVED 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 5: Resolution No. 23-66 OPEN SPACE EASEMENT AGREEMENT THIS OPEN SPACE EASEMENT AGREEMENT (“Agreement”) is made this day of , 2023, by and between U.S. Home, LLC, a Delaware limited liability company (“Grantor”) and the City of Lino Lakes, a municipal corporation under the laws of Minnesota (“Grantee”). Recitals A.Grantor is the fee owner of the following described property in Anoka County, Minnesota (the "Property") as shown on attached Exhibit A: Outlot B, WATERMARK 6 t h ADDITION, according to the recorded plats thereof. B.Pursuant to Section 7.2 of that certain Master Development Agreement (the “DevelopmentContract”) by and between Grantor and Grantee, dated on or about the date hereof, Grantor isrequired to grant to Grantee an open space easement over portions of the Property. C.Grantor desires to fulfill its obligations under the Development Contract with respect tothe obligations set forth in Section 7.2 thereof, and therefore, for good and valuableconsideration, Grantee and Grantor hereby agree on the terms and conditions set forth herein. Terms of Agreement 1.Grant of Open Space Easement. For good and valuable consideration, receipt of which isacknowledged by Grantor, the Grantor grants and conveys to the Grantee an open space easement(the “Easement”) over the Property owned by Grantor described as follows (“Easement Area”): A permanent easement for open space, access and management in accordance with the Parks and Open Space Plan set forth in Exhibit D of the Development Contract, and the Restoration and Management Plan set forth in Exhibit F of the Development Contract. 2.Scope of Easement; Confinement; Exceptions. 2.1 The easement includes the right of the Grantee, its contractors, agents, andemployees to enter upon said Easement Area at all reasonable times for all purposes as set forth in the Development Contract, including but not limited to the right of Grantee to utilize the Easement Area in a manner consistent with Exhibit D of the Development Contract. 2.2 Notwithstanding anything to the contrary in this Agreement, the Easement granted herein (i) shall not encumber any portion of the Property that is intended to and ultimately does contain improvements, such as roads, trails, parks, sidewalks or other improvements, as authorized or contemplated by the Development Contract or any Development Agreement for separate phases of the Property, and (ii) shall not prohibit Grantor from grading or performing construction or development work or staging activities on portions of the Property authorized for such work pursuant to the Development Contract or any Development Agreement for separate phases of the Property. Attachment 6: Open Space Easement 3. Environmental Matters. Grantee undertakes no responsibility hereunder for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorney's fees, or losses resulting from any claims, actions, suits or proceedings based upon a release of any hazardous substances, pollutants, or contaminants on or under the Easement Area occurring prior to the date of this instrument. 4. Binding Effect. The terms and conditions of this instrument shall run with the land and be binding on the Grantor, and their respective successors and assigns. (The remainder of this page left blank intentionally.) 2. SIGNATURES GRANTOR U.S. HOME, LLC By: Jon Aune Vice President STATE OF MINNESOTA ) ) SS COUNTY OF ) On this day of , 2023, before me, a Notary Public within and for said County, personally appeared Jon Aune, the Vice President of U.S. Home, LLC, a Delaware limited liability company, who executed the foregoing instrument on behalf of the company. Notary Public 3 GRANTEE CITY OF LINO LAKES By: Mayor Rob Rafferty Attest: Jolleen Chaika, 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 THIS INSTRUMENT DRAFTED BY: City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 4 EXHIBIT A OPEN SPACE EASEMENT OUTLOT B WATERMARKENGINEERINGSURVEYINGENVIRONMENTAL6TH ADDITIONRAINY LANEVICTORIA CIRCLE NORWAY LANEOSAKIS STREETRAINY LANE RAINYLANEINSET A CITY COUNCIL AGENDA ITEM 6B STAFF ORIGINATOR: Diane Hankee, City Engineer MEETING DATE: July 24, 2023 TOPIC: Consider Resolution No. 23-73, Approving Payment No. 1 and Final, 2023 Crack Fill and Seal Coat Project VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting council consideration to finalize the 2023 Crack Fill and Seal Coat Project. BACKGROUND On March 27, 2023, the City Council accepted the quote for the 2023 Crack Fill and Seal Coat Project from Allied Blacktop Co. in the amount of $91,384.10. The project included seal coating and crack filling approximately 2.3 miles of streets in the Millers Crossing neighborhood, the Trappers Crossing neighborhood, and along Woodridge Lane. A project location map is enclosed. Construction of the project began in June, 2023. The project was successfully completed in June, 2023 with a final contract amount of $95,379.00. Funding the project is through Pavement Management funds. RECOMMENDATION Approve Resolution No. 23-73, Approving Payment No. 1 and Final, 2023 Crack Fill and Seal Coat Project in the amount of $95,379.00 to Allied Blacktop Co. ATTACHMENTS 1. Resolution 23-73 2. Project Map 3. Final Pay Voucher CITY OF LINO LAKES RESOLUTION NO. 23-73 APPROVING PAYMENT NO. 1 AND FINAL FOR THE 2023 CRACK FILL AND SEAL COAT PROJECT WHEREAS, on March 27, 2023 the City Council passed Resolution 23-28, awarding the contract for the 2023 Crack Fill & Seal Coat Project to Allied Blacktop, Co. in the amount of $91,387.10; WHEREAS, a complete summary of costs are detailed in Payment No. 1 (Final) for the 2023 Crack Fill & Seal Coat Project and can be found on file at the offices of the City of Lino Lakes; NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes that Payment Request No. 1 (Final) is approved for a final amount of $95,379.00. Adopted by the Council of the City of Lino Lakes this 24th day of July, 2023. _______________________________ Rob Rafferty, Mayor ATTEST: ________________________ Jolleen Chaika, City Clerk Woodsof BaldwinLake OTTER LAKE BALD EAGLELAKE AMELIALAKE BALDWIN LAKE WARDS LAKE SHERMANLAKERESHANAU LAKE RICE LAKE CENTERVILLE LAKE MARSHANLAKE GEORGEWATCH LAKE PELTIER LAKE RONDEAULAKE CEDAR LAKE WILKINSON LAKE WARDS LAKE %&d( %&d( %&c( %&c( GnWX GwWX GwWX GnWX GnWX GÀWX GÀWX GkWX G¦WX G¦WX G»WX GuWX G¤WX G`WXCity of BlaineCity of Circle Pines City of HugoCity of Centerville City of Shoreview City of North Oaks White Bear TownshipWhite Bear Township City of Columbus City of Lexington Text Text Millers Crossroads Neighborhood Woodridge Lane Trappers Crossing Neighborhood 21st Ave S24th Ave20th AveMarket P l D r Main St Mai n S t Main St Century Trl L amott e D rOtter Lake RdWoods Edge B lvd VillageDrBroken Oak Ct S Glen Trl 80th St Rondeau Lake Rd W Stel l a C i rNordin StPine St Eagle CtKilldeerDrDe e r P a s s T r l Fox Hollow Deerwoo d Ci r Killdeer Ct Highl a n d C i r Butternut St Oak Ln Painted Turtle RdBirch CtSandpiper Dr Highlan dDrPinto LnHighlandTrl OakHollowLnAntelope DrSioux Ct Hart f o r d C i r N Rd Cardinal WayMorell DrBehm LnBaldwin Lake RdAu g u s t C i r Langer CirUlmer Dr Tart Lak eR dLacasseDrElbeSt Fo x C i r Crystal Ct Josephine Ln Hickory Pl Saddle Club CtIvyRidgeLnWoodduck TrlJane Ave Robinson Dr Ware CirCountry LakesDr Hawk Ridge CirVictorPathNLinda Cir Highland Ln Diane StClearwaterCree k DrEllwoodCtOld Birch StHerit ageAve Baldwin Cir White Pine CirClearwater Creek Cir County Rd J Gordon AveEllen C tJoseph CtTimberwolf CirTimothy CtCraneDrWayne CtLindaLnBla c k D u c k D r Meadowlark CtLacasse CirDogwoo d S t DeerwoodLnTomahawk C t Delina CirMead ow v i ew C t Pra i r i e F l o w e r R d Lacasse CtMourning Dove RdRuffed Grouse Rd Goldenrod Ci r Glen CirPony Ct Albert CtSunfish CtRed Hawk TrlTi mber wolf TrlLake DrLake DrArlo Ln Snow Goose TrlTotemTrlClydesdale CirStallionLn Arabian CirLaurene AveApollo Dr Shadow Ct Oakview Ct RedF ox RdStageCoachTrl CountyPkwyHHa z e l w o o d C t Teckla Ct Fox Cove Eden CirStellaLnGlenview LnTownCenter Pk wyGladstone Cir Sunrise DrTart CtBaldEagleBlvdWStoneybrookDrGrayHeronDrChestnutSt Marshan Ct Eva StPartridgePl L on esome PineTrlGreySquirrelRdWild Flower Dr Muskrat Run Coyote CtLea Ct Mallard L n Dogwood Ct Centerville RdCinnamon Teal Ct70th St Caribou CirFlora CtTele LnTerra C t Mustang Ct SnowOwlLnParkCt CassiopeiaCtVickyLn AppaloosaCt IvyRidge Ct Sedge C tOak Ct74th St BlanchardBlvd CoyoteTrl Gladstone Dr Snow Owl C i r ForestLnRedMap leLnRiceCt Channel D r Elm St E Shadow Lake CtSioux Ln 62nd St HarrietLn Black Duck CirClearwater Creek Ct Black Duck Dr SPondview Cir Whitetail RidgeHenryLn79th St Hodgson RdPa r t r id g e C tOtter Lake Service RdHay wood Dr Rohavic Ln Lois Ln James St Marilyn DrChippewa Trl Black Berry CtSavanna C t Sheila AveN Trappers CrossingApollo C t Schlavin CtHeather Ct 77th St Fawn Ln20th AveRavens Ct PostRd Glenview Ave HollowLn4th AveBloom Ct Sherwood Ln Mustang L nParkview Dr Linda Ct Kingfisher CtPheasant RunDanubeStOspreyCtEvergreen Trl RollingHillsDr Barbara Ln Beaver CirLanternLn Johan n a C i r Beaver Trl Merganser CtTomahawkTrlArthur C t White Birch CtRedOakLn OakwoodLnOakwood DrRed Birch CtMeadow Ct Nancy C t PalmSt Ivywood AveLantern C i r Greenwood Ln William Ln Asp e n L n WoodchuckCirPrairie View Pl FoxtailDrRed Clover Ln Bradley St Iverson Ct ItascaCirMarvy St Smoketree Ln WoodchuckCtShermanLakeRdFairmont Dr Rice Lake CtTeal Ct Glenview Dr Tele Dr21stAveNPeltierLakeDr RiverBi rch PlJon AveCherry Ln Connie Ln HokahDr2nd AveEmily CirForsham Lake DrSunset Ave NEWild Turkey TrlPalominoLn LangerLnHolly DrJeanne DrPatti DrWh i t e O w l D r Sioux Loo k o ut CypressStCountry LnPine St NE Marcia Ln 65thStBlackbird LnArrowheadDr MyrtleLn 64th St RusticLn Wate r m a r k W a y Carl St Andall St MolitorDrUnnamed Fo xtailCt Lamotte CirSargent Ct NGlenwoodDrKelly St ReilingRd Lilac St AppleLn W h ite PineRd Marsha n L n Ash St PlumLn Bluebill LnLinda Ave Fox RdHuntersRid gePheasantHills Dr Maple St PheasantRunSOrange St 81st St W Knoll Dr24th AveAqua CirOlive St WillowPondTr lAenonPlCounty Rd J County Rd J EEnidTrlNancyDrAppaloosaLn DiamondLn County Rd J EAsh St Ash St Balsa mWayPhelps Rd Lakeview DrWhippoorwillLnNottingham LnLindenLnOtterLakeDr Thomas St County Pkwy G Woodland D r 109thAveNERosewoodStCaroleDrMeadow View TrlSunset AveRondeauLakeRdEW Shadow Lake DrAqua LnLeonard Ave81st St E Rice Lake DrRice Lake LnBirch StHolly CtWare RdHawthorn Rd Cedar St 77th St E Rehbein St EShadowLakeDrCountyPkwyECounty Rd J W Elmcrest Ave NDocument Path: J:\gis\city\Lino Lakes\ArcGIS_PRO\LinoLakesUtilityUpdates\LinoLakesUtilityUpdates.aprx Date Saved: 3/7/2023 7:23 AM¯1 inch = 3,500 Ft 0 3,500FeetCity of Lino Lakes, Minnesota 2023 Seal Coat & Crack Fill Project Location Map Seal Coat & Crack Fill Lakes Parks Parcel Boundaries City Boundary K:\021124-000\Admin\Construction Admin\PV #1\021124-000 LTR Final PV to City 071423.docx 178 E 9TH STREET | SUITE 200 | SAINT PAUL, MN | 55101 | 651.286.8450 | WSBENG.COM July 14, 2023 Michael Grochala City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 Re: 2023 Seal Coat & Crack Fill Project City of Lino Lakes WSB Project No. 021124-000 Dear Mr. Grochala: Pay Voucher No. 1 (Final) for the above referenced project in the amount of $95,379.00 is enclosed. The quantities completed have been reviewed and agreed upon by the contractor. We hereby recommend that the City of Lino Lakes approve the Final Construction Pay Voucher for Allied Blacktop Company. We have also enclosed the following required documents: 1. Satisfactory showing that the contractor has complied with the provisions of Minnesota Statutes 290.92 requiring withholding state income tax (IC134 forms). 2. Evidence in the form of an affidavit that all claims against the contractor by reasons of the contract have been fully paid or satisfactorily secured (lien waivers). 3. Consent of Surety to Final Payment certification from the contractor’s surety. 4. Two-year maintenance bond. Please include one executed copy of the pay voucher with the payment to Allied Blacktop Company and return one executed copy to our office for our file. If you have any questions or comments regarding this voucher, please contact me at 612.346.2870. Thank you. Sincerely, WSB Veronica Kubicek, PE Project Manager Attachments cc: Diane Hankee, WSB kkp 2023 Seal Coat and Crack Fill Project Final Pay Voucher 1 Page 1 of 3 Client: City of Lino Lakes Contractor: Allied Blacktop 600 Town Center Parkway 10503 89th Avenue North Lino Lakes, MN 55014-1182 Maple Grove, MN 55369 Contract Amount Funds Encumbered Original Contract $91,384.10 Original $91,384.10 Contract Changes $0.00 Additional N/A Revised Contract $91,384.10 Total $91,384.10 Work Certified To Date Base Bid Items $95,379.00 Contract Changes $0.00 Material On Hand $0.00 Total $95,379.00 Work Certified This Voucher Work Certified To Date Less Amount Retained Less Previous Payments Amount Paid This Voucher Total Amount Paid To Date $95,379.00 $95,379.00 $0.00 $0.00 $95,379.00 $95,379.00 Percent Retained: 0% Percent Complete: 104.37% FINAL PAY VOUCHER I hereby certify that a Final Examination has been made of the noted Contract, that the Contract has been completed, that the entire amount of Work Shown in this Final Voucher has been performed and the Total Value of the Work Performed in accordance with, and pursuant to, the terms of the Contract is as shown in this Final Voucher. Approved By WSB Approved By Allied Blacktop Signature Signature Date Date Approved By City of Lino Lakes Signature Date WSB Project No.: 021124-000 Client Project No.: State Project No.: Federal Project No.: 2023 Seal Coat and Crack Fill Project Final Pay Voucher 1 Page 2 of 3 Payment Summary No. Up Through Date Work Certified Per Voucher Amount Retained Per Voucher Amount Paid Per Voucher 1 06/27/2023 $95,379.00 $0.00 $95,379.00 Funding Category Name Work Certified To Date Less Amount Retained Less Previous Payments Amount Paid This Voucher Total Amount Paid To Date Local $95,379.00 $0.00 $0.00 $95,379.00 $95,379.00 Accounting Number Funding Source Amount Paid This Voucher Revised Contract Amount Funds Encumbered To Date Paid Contractor To Date 1 Local $95,379.00 $91,384.10 $91,384.10 $95,379.00 Contract Item Status Line No. Item Description Unit Unit Price Contract Quantity Quantity This Voucher Amount This Voucher Quantity To Date Amount To Date 1 2021.501 MOBILIZATION LS $2,500.00 1 1 $2,500.00 1 $2,500.00 2 2331.619 ROUT & SEAL BITUMINOUS PAVEMENT CRACKS RDST $89.00 39 39 $3,471.00 39 $3,471.00 3 2356.504 BITUMINOUS SEAL COAT S Y $0.85 11932 11932 $10,142.20 11932 $10,142.20 4 2356.506 BITUMINOUS MATERIAL FOR SEAL COAT GAL $2.30 3341 3222 $7,410.60 3222 $7,410.60 5 2563.601 TRAFFIC CONTROL LS $2,500.00 1 1 $2,500.00 1 $2,500.00 6 2021.501 MOBILIZATION LS $2,500.00 1 1 $2,500.00 1 $2,500.00 7 2331.619 ROUT & SEAL BITUMINOUS PAVEMENT CRACKS RDST $89.00 33 33 $2,937.00 33 $2,937.00 8 2356.504 BITUMINOUS SEAL COAT S Y $0.85 9303 9303 $7,907.55 9303 $7,907.55 9 2356.506 BITUMINOUS MATERIAL FOR SEAL COAT GAL $2.30 2605 2512 $5,777.60 2512 $5,777.60 10 2563.601 TRAFFIC CONTROL LS $2,500.00 1 1 $2,500.00 1 $2,500.00 11 2021.501 MOBILIZATION LS $2,500.00 1 1 $2,500.00 1 $2,500.00 12 2331.619 ROUT & SEAL BITUMINOUS PAVEMENT CRACKS RDST $89.00 52 52 $4,628.00 52 $4,628.00 13 2356.504 BITUMINOUS SEAL COAT S Y $0.85 22507 22507 $19,130.95 22507 $19,130.95 14 2356.506 BITUMINOUS MATERIAL FOR SEAL COAT GAL $2.30 6302 8250.913 $18,977.10 8250.913 $18,977.10 15 2563.601 TRAFFIC CONTROL LS $2,497.00 1 1 $2,497.00 1 $2,497.00 Bid Totals: $95,379.00 $95,379.00 2023 Seal Coat and Crack Fill Project Final Pay Voucher 1 Page 3 of 3 Project Category Totals Category Amount This Voucher Amount To Date A. SURFACE IMPROVEMENTS - WOODRIDGE $26,023.80 $26,023.80 B. SURFACE IMPROVEMENTS - MILLERS CROSSROADS $21,622.15 $21,622.15 C. SURFACE IMPROVEMENTS - TRAPPERS CROSSING $47,733.05 $47,733.05 Contract Change Item Status CC CC No. Line No. Item Description Units Unit Price Contract Quantity Quantity This Voucher Amount This Voucher Quantity To Date Amount To Date Contract Change Totals: Contract Change Totals No. Contract Change Description Amount This Voucher Amount To Date Material On Hand Additions Line No. Item Description Date Added Comments Material On Hand Balance Line No. Item Description Date Added Used Remaining CITY COUNCIL AGENDA ITEM 6C STAFF ORIGINATOR: Diane Hankee, City Engineer MEETING DATE: July 24, 2023 TOPIC: Consider Resolution No. 23-74, Accepting Quotes and Awarding a Construction Contract, 2023 Surface Water Management Project VOTE REQUIRED: 3/5 Vote Required INTRODUCTION Staff is requesting authorization to accept quotes and award the construction contract for the 2023 Surface Water Management Project. BACKGROUND The City’s annual Surface Water Management Program (SWMP) addresses areas in need of maintenance, and conforms to the City’s Surface Water Pollution and Prevention Plan. The City will perform storm sewer repair and cleaning, vegetation removal, sediment removal, and pond cleaning. This type of work is best completed in dry conditions or the winter season. The 2023 Surface Water Management Project includes seven sites, shown in the table below: Funding for the project is through the Stormwater Maintenance Fund and is within the annual budget. Quotes for the project were received on July 14, 2023. CONTRACTOR TOTAL QUOTE Arnt Construction Company, Inc. $191,385.00 Dimke Excavating Inc. $139,800.00 Fuhr Trenching Did Not Quote North Pine Aggregate, Inc. Did Not Quote Olson’s Sewer Service/ Olson’s Excavating Services Did Not Quote Winberg Companies LLC $158,772.23 AREA IMPROVEMENT Site 1 – Black Duck Drive Basin Pond Maintenance – Establish Channel Site 2 – Trappers Crossing Outlet Pond Maintenance – Sediment & Tree Removal Site 3 – 12th Avenue & Holly Drive Outlets Pond Maintenance – Berm Establishment Site 4 – Hunters Ridge Skimmer Improvements Pond Maintenance – Sediment & Tree Removal Site 5 – Reshanau Lakes Estates Maintenance Pipe Maintenance – Install Rip-Rap & Cover Pipe Site 6 – Lino Park Pond Excavation Pond Maintenance – Sediment Removal Site 7 – 7760 Country Lane Pipe Maintenance – Remove & Replace Pipe The engineers estimate for the project was $148,188.00. The low bid was submitted by Dimke Excavating Inc. of Lino Lakes, Minnesota, in the amount of $139,800.00. Dimke Excavating Inc. has adequately completed numerous project in the City of Lino Lakes. The completion date for this project is November 17, 2023. RECOMMENDATION Staff recommends adoption of Resolution No. 23-74 accepting quotes and awarding a construction contract for the 2023 Surface Water Management Project, in the amount of $139,800.00 to Dimke Excavating Inc. ATTACHMENTS 1. Resolution No. 23-74 2. 2023 Surface Water Management Project Plans CITY OF LINO LAKES RESOLUTION NO. 23-74 RESOLUTION ACCEPTING QUOTES, AND AWARDING A CONSTRUCTION CONTRACT, 2023 SURFACE WATER MANAGEMENT PROJECT WHEREAS, pursuant to a request for quotes for the construction of the 2023 Surface Water Management Project quotes were received, and tabulated: CONTRACTOR TOTAL QUOTE Arnt Construction Company, Inc. $191,385.00 Dimke Excavating Inc. $139,800.00 Fuhr Trenching Did Not Quote North Pine Aggregate, Inc. Did Not Quote Olson’s Sewer Service/ Olson’s Excavating Services Did Not Quote Winberg Companies LLC $158,772.23 WHEREAS, it appears that Dimke Excavating Inc. of Lino Lakes, Minnesota, is the lowest responsible bidder; and WHEREAS, the funding for the project is from the Stormwater Maintenance Fund; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes that the Mayor and Clerk are hereby authorized and directed to enter into a contract Dimke Excavating Inc. for the construction of the 2023 Surface Water Management Project in the amount of $139,800.00; Adopted by the Council of the City of Lino Lakes this 24th day of July, 2023. _______________________________ Rob Rafferty, Mayor ATTEST: ________________________ Jolleen Chaika, City Clerk CITY COUNCIL CLOSED MEETING AGENDA ITEM 1A STAFF ORIGINATOR: Michael Grochala, Community Development Director MEETING DATE: July 24, 2023 TOPIC: Letter of Intent, Purchase of Lots 12 and 13, Block 2, Carole Estates 2nd Addition and 7685 Lake Drive. VOTE REQUIRED: N/A INTRODUCTION The City has received an offer for the purchase of 2.24 acres of property owned by the City at the corner of Lake Drive and 77th Street and a remnant of 7685 Lake Drive. BACKGROUND Lots 12 and 13 were acquired by the City from the Economic Development Authority (EDA) in 1990, along with Lots 14, 16 & 17, for the construction of what was then known as Centennial Fire Station No. 2. At that time the City already owned Lot 15, Block 2 which was occupied by the original Centennial Fire Station No. 2. Lot 15, Block 2 was sold to the American Legion in 1999 as well as Lot 15 in 2017. The City purchased 7685 Lake Drive in 2019 for right-of-way allow for the 77th Street realignment. Statutory cities have the power to sell land or buildings they no longer need to anyone, other than elected officials. Home rule charter cities generally have similar authority in their charters. If a city’s charter is silent with regard to the matter, it may use the authority that statutory cities have. (Minn. Stats. § 412.211 Minn. Stat. §410.33) City Charter requires that any sale of property be authorized by ordinance. The proceeds of any sale must be used to retire any outstanding indebtedness incurred by the City in the purchase. If no outstanding indebtedness, the council may be resolution designate some other public use for the proceeds (City Charter §12.05). There is no outstanding indebtedness remaining from the purchase. The City has received a Letter Of Intent (LOI) from a developer with an offer to purchase Lots 12 and 13 along with remnant of 7685 Lake Drive. Staff will present the offer for discussion at the meeting. If an agreement is reached the sale of the property will require adoption of an ordinance in accordance with City Charter requirements. COUNCIL CONSIDERATION Staff is requesting City Council consideration of the request and potential counter offers related to the sale of property. ATTACHMENTS 1. Location Map MarilynDrBarbara Ln 77th St Apollo Dr Unnamed23 23 77th St A p o llo Dr Legend Address Labels Parcels July 19, 2023 Map Powered By Datafi ± 1 in = 262 Ft City Property