Loading...
HomeMy WebLinkAbout04-08-2024 Council Meeting PacketCITY COUNCIL AGENDA · MEETING· AMENDED Monday, April 08, 2024 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 Pledge of Allegiance Public Comment (sign-in prior to start of meeting per Rules of Decorum) Setting the Agenda: Addition or deletion of agenda items SPECIAL PRESENTATION Oath of Fire Service – Firefighter Nick Fillipi Oath of Police Service – Police Officer Beck Petrie 1.CONSENT AGENDA A.Consider Approval of Expenditures for April 8, 2024 (Check No. 120483 through 120552) in the Amount of $266,972.48 B.Consider Approval of March 25, 2024 Work Session Minutes C.Consider Approval of March 25, 2024 Council Meeting Minutes D.Consider Approval of April 1, 2024 Council Work Session Minutes E.Consider Resolution No. 24-31, Authorizing the Appointment of Hannah Lynch as Interim City Clerk F.Consider Resolution 24-32, Approving a Solicitor Permit for Edward Jones G.Consider Approval of the Hiring of Part-Time Staff for the Rookery Activity Center H.Consider Resolution 24-33, Approving a Special Event Permit for Rice Lake Elementary PTO 1 Council Agenda -2- April 08, 2024 2. FINANCE DEPARTMENT REPORT A. Consider Resolution No. 24-28, Approving BS&A Software, Hannah Lynch 3. ADMINISTRATION DEPARTMENT REPORT A. Consider Appointment of Activity Center Coordinator, Meg Sawyer 4. PUBLIC SAFETY DEPARTMENT REPORT A. Approval of Resolution 24-26, Authorizing Grant Agreement for the 2024 Intensive Comprehensive Peace Officer Education and Training Grant, John Swenson B. Approval of Resolution 24-27, Authorizing Grant Agreement for the 2024 Pathways to Policing Reimbursement Grant, John Swenson 5. PUBLIC SERVICES DEPARTMENT REPORT No report. 6. COMMUNITY DEVELOPMENT REPORT A. Watermark 7th Addition, Katie Larsen i. Consider Resolution No. 24-23, Approving PUD Final Plan/Final Plat ii. Consider Resolution No. 24-24, Approving Development Agreement and Planned Unit Development Agreement iii. Consider Resolution No. 24-25, Approving Open Space Easement Agreement B. Consider Resolution No. 24-29, Approving Amendment to the CSAH 49/CRJ Reconstruction Project Joint Powers Agreement with Anoka County, Michael Grochala C. Consider Resolution No. 24-30, Approving Right-of-Way Acquisition for the 77th Street/Market Place Drive Improvement Project, 698 77th Street, Michael Grochala 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Community Calendar – A Look Ahead April 9, 2024 through April 22, 2024 • Wednesday, April 10: Planning and Zoning Board Meeting • Monday, April 22: City Council Work Session & Meeting 2 + Expenditures April 8, 2024 Check #120483 to #120552 $266,972.48 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Electronic Funds Transfer MN Statute 471.38 Subd. 3 Council Meeting April 8, 2024 Transfer In/(Out) 3/25/2024 Transfer from FRB Money Market 800,000.00 3/19/2024 Payroll #06 ACH Return J Logid 236.25 3/26/2024 Payroll #06 ACH Resent J Logid (236.25) 3/29/2024 Payroll #07 (202,198.56) 3/29/2024 Payroll #07 Federal Deposit (56,106.71) 3/29/2024 Payroll #07 PERA (58,208.39) 3/29/2024 Payroll #07 State (12,959.99) 3/29/2024 Payroll #07 Child Support (321.48) 3/29/2024 Payroll #07 H.S.A. Bank Pretax (3,546.20) 3/29/2024 Payroll #07 TASC Pretax (867.27) 3/29/2024 Payroll #07 Mission Sq 457 Def. Comp #301596 (2,645.00) 3/29/2024 Payroll #07 Mission Sq Roth IRA #706155 (939.23) 3/29/2024 Payroll #07 MSRS HCSP #98946-01 (5,080.83) 3/29/2024 Payroll #07 MSRS Def. Comp #98945-01 (3,035.00) 3/29/2024 Payroll #07 MSRS Roth IRA #98945-01 (779.00) 4/5/2024 Council Payroll #04 (3,706.98) 4/5/2024 Council Payroll #04 Federal Deposit (209.14) 4/5/2024 Council Payroll #04 PERA (410.72) 4/5/2024 Council Payroll #04 State (45.27) 30 1 LINO LAKES CITY COUNCIL WORK SESSION MINUTES DATE: March 25, 2024 TIME STARTED: 6:00 PM TIME ENDED: 6:25 PM MEMBERS PRESENT: Councilmembers Stoesz, Lyden, Ruhland, Cavegn, Mayor Rafferty Staff Members Present: Deputy Director of Public Safety/Police Kyle Leibel; Community Development Director Michael Grochala; City Engineer Diane Hankee; City Clerk Jolleen Chaika. 1. Review/Discuss 2014 Fire Department Analysis Mayor Rafferty referenced the booklet containing a 2014 staff report and fire analysis he provided to Council at the March 11, 2024 Council Meeting. He advised he views the analysis as a living document and something that can be built on rather than starting from scratch (to evaluate the status of fire service in Lino Lakes). Councilmember Cavegn stated that he believes the 2014 analysis to be biased as it focuses on creating a standalone department. He thinks that there are items from the report that can be used in a new analysis. Councilmember Lyden spoke of the importance of collaboration moving forward. Councilmember Ruhland added that he sees the value in the public safety model but that there is not support for it. He was in favor of either updating the current analysis or obtaining a new one. Councilmember Stoesz believes the 2014 analysis can be used as a baseline and that it is a good tool to start with. Council concurred to move this item forward to the April 1, 2024 work session for further discussion. 2. Review Regular Agenda City Engineer Diane Hankee briefly reviewed her staff report related to item 6A. The work session concluded at 6:25 PM. These minutes were considered and approved at the regular Council Meeting on April 8, 2024. Jolleen Chaika, City Clerk Rob Rafferty, Mayor 31 1 LINO LAKES CITY COUNCIL REGULAR MEETING MINUTES DATE: March 25, 2024 TIME STARTED: 6:32 PM TIME ENDED: 7:05 PM MEMBERS PRESENT: Councilmembers, Lyden, Stoesz, Ruhland, Cavegn, Mayor Rafferty Staff members present: Deputy Director of Public Safety Kyle Leibel Community Development Director Michael Grochala; City Engineer Diane Hankee; City Clerk Jolleen Chaika. The meeting was called to order by Mayor Rafferty at 6:32 PM. PUBLIC COMMENT Community Development Director Michael Grochala opened the Public Comment session with a statement about a project that members of the community have been discussing: Madinah Lakes. He advised that as of this time, no application has been received for development. If and when an application is received, it will be reviewed pursuant to City Code. Farraz Yussuf, 12301 Central Avenue NE, Blaine. Mr. Yussef advised he is the president of Zikar Holdings. He said he wished to provide context as to who he is and what values he brings to this endeavor (Madinah Lakes). He said that while Zikkar Holdings is newly established, he and his team are dedicated and experienced. He anticipates submitting a (development) application in the near future. Mr. Yussef also clarified that his company is separate from the prior applicant. He expressed a commitment to working collaboratively with staff, Council, and residents. He has engaged in high-level discussions and will submit the application soon. He wants to make it clear there are no expectations of special treatment, that there have been no special deals struck to move this forward. He extended an invitation to anyone to reach out to him with any questions or concerns. He plans to hold neighborhood meetings in the future. Michael Arman, 172 Glenview Avenue, said he feels like his speaking is premature as he just found about the new development (Madinah Lakes) an hour ago so he didn’t have much time to research. He has concerns: He read on the website that paperwork hasn’t been submitted but the (developer’s) YouTube video is already talking about ground breaking scheduled for next year. He thinks that sounds a bit premature as well. Randy Rennacker, 379 Carl Street, stated he was speaking on behalf of the residents of Carl Street to remind Council of the strong opposition of any development near the Carl Street neighborhood. He added that if any development takes place that his street and neighborhood remain as is. 32 2 Luke Walter, 7800 Marilyn Drive, said he has lived in Lino Lakes for seven (7) years. He said the developer (of Madinah Lakes) has put out information that is confusing and that strikes him as disrespectful: taking reservations and money. He said when he first read of this information, he thought of politicians in the 21st century making deals. Mr. Walter said he is a bit soothed by the responses of the City. He added that what really struck him is that the proposed project is for a very specific community and he has concerns with that concept, adding that it creates segregation not by intent but by choice. He said that if there is a possibility of an additional 1800 residents, we need organic integration. He added that he comes from a multi-faith, diverse family and is an immigrant so he is looking at this from that perspective; he voiced concern for a divided City. Theresa O’Connell, 1000 Main Street, spoke on the topic of the Centerville Lake (alum) project. She said she has been in the area since 1987 and she is very excited about the project and she wanted to convince Council that moving forward with the project is in the best interest of the community. She estimated that the costs to residents would be approximately $0.47 per home. Melissa Wagner, 7947 Sheila Avenue, said she has been a resident for 38 years and her husband’s family has been here for over 70 years. She has witnessed organic growth at a slow and steady pace and now has concerns about rapid growth and the impact that will have on the schools. Sam Bennett, 6841 Lakeview Drive, asked of any plans by the City to gather volunteers to clean trash along trails and ditches. He would like to see some movement on that and believes that all would benefit. Justin Carver, 65 Century Trail, voiced concerns about the 600-foot notice (to residents for development projects). He does not think that provides enough impact and inquired if more notice could be required. He also asked if it is normal business practice (for a developer) to sell lots before anything is in place. Prior to the close of Public Comment, Mayor Rafferty advised that the Council itself has not been involved in any discussions related to this (Madinah Lakes) development outside of calls and emails recently from residents. He added that there is nothing happening right now, that the last discussion (related to this property) was in 2022 and that project didn’t move forward. He encouraged residents to sit back and wait. 1. Motion to: Close Public Comment at 6:58 PM. RESULT: CARRIED [UNANIMOUS] MOVER: Ruhland SECONDER: Cavegn AYES: Ruhland, Cavegn, Lyden, Stoesz, Rafferty 33 3 SETTING THE AGENDA The agenda was accepted as presented. 1. CONSENT AGENDA A. Consider Approval of Expenditures for March 25, 2024 (Check No. 120390 through 120482) in the Amount of $661,506.63 B. Consider Approval of March 4, 2024 Work Session Minutes C. Consider Approval of March 11, 2024 Work Session Minutes D. Consider Approval of March 11, 2024 Council Meeting Minutes E. Consider Approval of the Hiring of Part-Time Staff for the Rookery Activity Center F. Consider Approval of Resolution 24-21, Authorizing Solicitor Permit G. Consider Approval of Resolution 24-19, Approve Certificate of Completion, DRF Lino Eye Building i. Motion to: Approve Consent Agenda Items 1A-1G 2. FINANCE DEPARTMENT No report was presented. 3. ADMINISTRATION DEPARTMENT No report was presented. 4. PUBLIC SAFETY DEPARTMENT No report was presented. 5. PUBLIC SERVICES DEPARTMENT No report was presented. 6. COMMUNITY DEVELOPMENT DEPARTMENT A. Consider Approval of Resolution No. 24-20, Order Project, Approve Plans, Authorize AFB, 2024 Rejuvenator Project City Engineer Diane Hankee reviewed the request for approval of Resolution 24-20 which initiates the 2024 street maintenance portion of the 2024 street rehabilitation project program. The Street Maintenance Project includes applying a maltene-based asphalt rejuvenator. Rejuvenators are a new product many Cities are using in lieu of seal coating RESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Ruhland AYES: Lyden, Ruhland, Stoesz, Cavegn, Rafferty 34 4 the City has completed three rejuvenator projects the past. As a third project in 2024 staff is coordinating a crack fill project. She reviewed the areas identified for the maintenance project and noted that the total estimated cost is $223,000 and funding is from the Pavement Management Fund. i. Motion to: Approve Resolution 24-20 ADJOURNMENT Mayor Rafferty reviewed the Community Calendar as presented on the Agenda. With no further business before the Council, the meeting was adjourned by Mayor Rafferty at 7:05 PM. These minutes were considered and approved at the regular Council Meeting on April 8, 2024. Jolleen Chaika, City Clerk Rob Rafferty, Mayor RESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Ruhland AYES: Lyden, Ruhland, Stoesz, Cavegn, Rafferty 35 LINO LAKES CITY COUNCIL WORK SESSION MINUTES DATE: April 1, 2024 TIME STARTED: 6:00 PM TIME ENDED: 9:06 PM MEMBERS PRESENT: Councilmembers Lyden, Stoesz, Ruhland, Cavegn, Mayor Rafferty Staff members present: Finance Director Hannah Lynch; Public Safety Director John Swenson; Public Safety Deputy Director Kyle Leibel; Community Development Director Michael Grochala; City Engineer Diane Hankee; Environmental Coordinator Andy Nelson; City Clerk Jolleen Chaika. 1. Anoka County Lake Drive Corridor Study Community Development Director Michael Grochala introduced Jack Forslund, Anoka County Planner, and Mike Nelson, Civil Engineer with Bolten & Menk, who discussed with Council the Lake Drive (CSAH 23) Corridor Study that was undertaken to identify a future design for Lake Drive between Main Street and Kettle River Boulevard in Columbus. Mr. Nelson and Mr. Forslund highlighted the timeline and noted that the actual project itself remains five-to-ten years out and that the project is still in the planning phase. The next steps in the process include determining the design final concept, holding an openhouse, then approval of the final concept. Council held discussion with Mr. Nelson and Mr. Forslund on the project. It was confirmed that a trail is part of the plan for the design, 2. Centerville Lake Alum Treatment Environmental Coordinator Andy Nelson updated Council on the status of the pending aluminum sulfate treatment for Centerville Lake and related grant. The Rice Creek Watershed District (RCWD) is seeking contributions not to exceed $35,000 from Lino Lakes to meet the grant requirements. A copy of the draft cost-sharing agreement was included in the packet for Council’s review. Matt Kocian, RCWD Lake and Stream Manager, was present to answer questions from Council. Councilmember Ruhland raised concerns about the lack of financial contribution from the Centerville Lake Association, as noted by Councilmember Cavegn at the last work session where this was discussed, and the fact that there has not been a special taxing district established to cover future expenses for booster treatments. Mr. Kocian advised that the lake association will not be contributing to the local match funds. He also stated that RCWD Board did discuss a taxing district but due to board concerns about not having a known total for a booster treatment and not knowing when a booster mat be needed, the board decided against a special taxing district. Councilmembers Ruhland and Cavegn voiced concerns about the decision. 36 Councilmember Lyden discussed two separate issues: One being the current grant and match funds needed, the second being the plans in the future to finance any booster treatment. He expressed appreciation for the grant funds and stated he believes the City should move forward with the agreement and providing match funds since the lake is something enjoyed by so many Lino Lakes residents. He said a conversation about the future funding of booster treatments should be held apart from the present matter. Councilmember Cavegn concurred with Councilmember Lyden’s position and further stated that if there is no action plan in place next time (for other contributions for booster treatments), then the City should not participate. Mayor Rafferty also concurred with the sentiment that the grant is significant and but that it is important to get something in place in the future. Mr. Kocian advised he would bring Council’s concerns back to the board. Council agreed to move forward with formal consideration of the cost-sharing agreement at an upcoming meeting but required a letter to RCWD outlining the concerns discussed be included with the agreement once approved. 3. ERP Software Finance Director Hannah Lynch updated Council on the status of staff’s review of replacement software for Springbrook as discussed at the February 5, 2024 Council Work Session. She reviewed the providers contacted for demos and quotes and advised of the four (4) contacted, staff only demoed two: BS&A and Civic Systems. Director Lynch advised that after consulting with other cities and demoing the software systems, staff recommends moving forward with purchasing new ERP software through BS&A. she noted that this is not the low- cost option; however, the functionality better meets the needs of the City and, further, BS&A is becoming the standard for many Minnesota cities. Director Lynch also explained in detail the costs associated with the purchase of new ERP software; she walked through the funding sources for the purchase as laid out in her staff report. Council was supportive of moving forward with purchase of the BS&A software and directed Director Lynch to bring forward the proposal at the next regular meeting. 4. Sale of Fire Appartus Public Safety Director John Swenson updated Council on the status of Tender 1 (Vehicle # 610) and Tender 2 (Vehicle #609) and Engine 5 (Vehicle # 621) following the recent purchase of Engine 1 and Engine 2. He recommended that Tenders 1 and 2 be listed for sale at the price of $70,000 each and that Engine 5 be listed for sale at the price of $225,000. He confirmed that proceeds from any approved sale would be deposited into the Captial Equipment replacement fund; further, that if sale is approved and a purchaser is identified for any of the equipment, that staff will bring forward a formal request to Council to finalize the sale. 37 Councilmembers expressed support for the sale of the items described by Director Swenson. 5. Fire Department Analysis Discussion This item was moved ahead of Agenda Item 5 due to the temporary unavailability of Community Development Director Michael Grochala. Mayor Rafferty inquired of Council to consider if it makes sense to use the 2014 Fire Analysis Report (as provided to Council on March 11, 2024, and included in the March 25, 2024 and April 1, 2024 Council Work Session packets) as a starting point for discussion of the status of the fire and public safety. He referenced Councilmember Lyden’s previous calls for collaboration and said that the believes the 2014 report provides an opportunity for collaboration. He stated he would like to come up with a model that works for the entire City and that he does not feel that the current model of cross-trained staff works, that there may be a need to move away from the Public Safety model. Mayor Rafferty inquired of Council if a new analysis is needed to determine those options. He then clarified that there were some successes with the cross-trained model but we should no longer be pursuing that model; that he believes the City needs to shift away from Public Safety to police and fire; additionally that the City should look at collaborative models with other cities. Councilmember Lyden stated that a new analysis is what he and Councilmember Cavegn brought forward last fall and that he is in support of it. Councilmember Stoesz commented that the City has the building blocks for a police and fire department and that the 2014 report can be built on. Councilmember Cavegn added that he does not want the focus to be on only one model; that he would like to see a new analysis which also explores options 3, 4, and 5 (from the 2014 analysis). Director of Public Safety John Swenson clarified that he is hearing from Council that the next steps should be to determine how the City will deliver fire services in Lino Lakes. He suggested doing some research to find consultants who have done this work, ask them to create a proposal to bring back to Council with the core question being how can we provide the best level of fire service. Councilmember Ruhland agreed and added that he believes the city should take a broad look at all options. He added he likes the Public Safety model but that there have been issues with the cross-training aspect. He would like any future consultant to consult with current staff in Public Safety to determine if the Public Safety model remains an option. Councilmember Ruhland said the goal is how to deliver the best service. Director Swenson did clarify that there are Public Safety agencies that do not have any cross-trained staff so the two (Public Safety and cross-training) are not synonymous. He added that it is important to note that this discussion and future review of fire services will not be the last; this discussion will come back in another 10 years or so due to the growing community. 38 Mayor Rafferty inquired of Public Safety Director John Swenson and Deputy Director of Fire Dan L’Allier if Public Safety is working on a five-year plan. Director Swenson confirmed a plan is in the works and noted that at the present time, the call load does not support moving forward to a full-time department; while that would be the most stable, dependable option; however, the work load does not support it. Director Swenson stated that if the goal is to provide the highest level of service that is efficient and effective, the question to a consultant would be: How to deliver the best level of fire service? Then a consultant could deliver a product that could guide the City in making that decision. Mayor Rafferty directed staff to come up with some ideas as to consultants to be considered by Council. 6. CSAH 49/CR J Joint Powers Agreement Amendment Community Development Director Michael Grochala updated Council on a Joint Powers Agreement (JPA) that the City entered into with Anoka County in Septemer, 2022 for the CSAH 49/CR J improvement project. At the time of the JPA, the City’s estimated share of costs was $871,235.19; however, that estimated cost did not include lighting, landscaping, and a portion of right-of-way acquisition expenses. The updated City total is now approximately $956,000; however, federal funds have been obtained and applied against the City’s share which drops that total down to $370,000. Additional costs of approximately $400,000 will also be added to that total bringing the total for the City to approximately $772,386.16. An amended JPA has been proposed to reflect this change and will be brought forward for Council consideration. Council directed staff to bring forward the amended JPA at the April 8, 2024 regular meeting. 7. Water Capacity and New Development City Clerk Jolleen Chaika introduced the discussion topic of water capacity and new residential development per a request by Councilmember Ruhland, with a second by Mayor Rafferty, to have the item added to this work session agenda. Councilmember Ruhland read his submitted request as included in the full agenda packet. He highlighted that he believes instituting a moratorium on residential development specific to the northwest quadrant of the City to be in the best interest of the City due to water capacity issues. Community Development Director Michael Grochala briefly addressed the concern and concurred that water capacity has been a concern due to the issues related to White Bear Lake and recent droughts. He provided a quick review of the status of the pending litigation specific to White Bear Lake and water appropriation permit. He expressed some caution related to a moratorium and stated that he has asked the City Attorney, Jay Squires, to meet with Council to address these matters in detail. Director Grochala also mentioned to Council 39 the option of a master plan study for the area in question. He advised that Attorney Squires could further expand on all options available to the City to address concerns related to water capacity and residential development. Staff will work with Council and Attorney Squires to set a date for a special meeting. 8. Notification Requirements for Proposed Development Projects City Clerk Jolleen Chaika introduced the discussion topic of expansion of resident notifications for proposed developments per a request by Councilmember Ruhland, with a second by Mayor Rafferty, to have the item added to this work session agenda. Councilmember Ruhland read his submitted request as included in the full agenda packet. He expressed concern that the notifications sent to residents is not broad enough and that perhaps the distance should be expanded. Community Development Director Michael Grochala advised he would defer to City Attorney Jay Squires on the topic at the future special meeting. He did add state law dictates the notification requirements and he would be concerned about setting requirements outside of state law. Director Grochala proposed that perhaps the City look at posting informational signs at the site of a proposed development; the sign could provide basic information and contact details for residents. Further discussion of this topic will be held at the upcoming Special Meeting with the City Attorney. 9. Council Updates on Boards/Commissions, City Council Councilmember Stoesz provided a brief update on the North Metro TV board. 10. 77th/MarketPlace Realignment, Land Acquisition, 698 77th Street (Closed Session) i. Motion to: Go into closed session the meeting at 8:51 PM pursuant to Minn. Stat. 13D.05, Subd. 3(c)(3), to discuss offers for the purchase of real property located at 698 77th Street. RESULT: CARRIED [5-0] MOVER: Stoesz SECONDER: Ruhland AYES/Roll Call: Lyden, Stoesz, Ruhland, Cavegn, Rafferty 40 ii. Motion to: Reopen Meeting at 9:05 PM 11. Adjourn The Work session concluded at 9:06 PM. These minutes were considered and approved at the regular Council Meeting on April 8, 2024. Jolleen Chaika, City Clerk Rob Rafferty, Mayor RESULT: CARRIED [5-0] MOVER: Ruhland SECONDER: Cavegn AYES/Roll Call: Lyden, Stoesz, Ruhland, Cavegn, Rafferty 41 1 CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 1E STAFF ORIGINATOR: Sarah Cotton, City Administrator MEETING DATE: April 8, 2024 TOPIC: Appointment of Interim City Clerk VOTE REQUIRED: 3/5 ______________________________________________________________________________ INTRODUCTION The City Council is being asked to consider Resolution 24-31, Authorizing the Appointment of Hannah Lynch as Interim City Clerk. BACKGROUND The Lino Lakes City Charter requires the Council to appoint a City Clerk. The City Clerk should report directly to the City Administrator and have the duties and responsibilities determined by applicable state law and city ordinances. City Clerk, Jolleen Chaika has submitted her resignation from the city effective April 9, 2024. In order to allow for a transition period until a permanent replacement can be identified and appointed by the Council, staff is recommending the interim appointment of Finance Director Hannah Lynch to the position. With this appointment, Hannah will have the ability to perform any and all functions the City Clerk might perform. RECOMMENDATION Staff recommends approval of Resolution No. 24-31, Authorizing the Appointment of Hannah Lynch as Interim City Clerk. ATTACHMENTS Resolution No. 24-31 42 CITY OF LINO LAKES RESOLUTION NO. 24-31 AUTHORIZING THE APPOINTMENT OF HANNAH LYNCH AS INTERIM CITY CLERK WHEREAS, Section 6.04 of the Lino Lakes Charter provides that: • The Council shall appoint a City Clerk. The City Clerk shall: 1) Report directly to the City Administrator, and 2) Have the duties and responsibilities determined by applicable state law and City ordinances; and WHEREAS, City Clerk, Jolleen Chaika has submitted her resignation from the City effective April 9, 2024; and WHEREAS, to allow for a transition period until the City Clerk position is filled by Council appointment, the appointment of an Interim City Clerk is necessary; and WHEREAS, Hannah Lynch is willing and able to serve as Interim City Clerk. NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes, Minnesota that: 1) Hannah Lynch is hereby appointed as Interim City Clerk, with the ability to perform any and all functions the City Clerk might perform. Adopted by the City Council of the City of Lino Lakes this 8th day of April, 2024. ___________________________ Rob Rafferty, Mayor ATTEST: ___________________________ Jolleen Chaika, City Clerk 43 1 CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 1F STAFF ORIGINATOR: MEETING DATE: TOPIC: Jolleen Chaika, City Clerk April 8, 2024 Resolution 24-32: Solicitor Permit, Edward Jones VOTE REQUIRED: Simple Majority ______________________________________________________________________________ INTRODUCTION Edward Jones, located at 19304 Lexington Avenue N, Circle Pines, Minnesota has submitted a solicitor’s permit application to the City Clerk’s office. The company representative proposed to conduct solicitation in Lino Lakes are: Nicole Olson. The company representative plans to travel through Lino Lakes’ neighborhoods, going door- to-door offering financial services to residents. The City has received all the necessary forms required to issue this company a Solicitor Permit. The Lino Lakes Public Safety Department has performed the background checks and indicated no reason to deny the application. The application, along with all supporting documentation, is on file in the City Clerk’s office for review. RECOMMENDATION Approve Resolution No. 24-32, authorizing the issuance of a Solicitor Permit to Edward Jones for a period of six (6) months, commencing April 9, 2024. ATTACHMENTS Resolution 24-32 44 CITY OF LINO LAKES RESOLUTION NO. 24-32 APPROVING A SOLICITOR LICENSE FOR EDWARD JONES WHEREAS, Legacy Restoration, located in Circle Pines, Minnesota, has applied for a solicitor license request a license to allow Nicole Olson to solicit within the City of Lino Lakes; and, WHEREAS, Edward Jones has complied with all provisions of Chapter 613 of the Lino Lakes City Code for obtaining the necessary license; and, WHEREAS, the Lino Lakes Public Safety Department has conducted a background check on the individual who will be working in Lino Lakes and no reason was found to deny the license application; NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes, Minnesota hereby approves the request of Edward Jones to solicit throughout Lino Lakes for a period six (6) months, effective April 9, 2024 – October 9, 2024. Adopted by the City Council of the City of Lino Lakes this 8th day of April, 2024. ___________________________ Rob Rafferty, Mayor ATTEST: ___________________________ Jolleen Chaika, City Clerk 45 CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 1G STAFF ORIGINATOR: Meg Sawyer, Human Resources and Communications Manager MEETING DATE: April 8, 2024 TOPIC: Approval of 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 Aidan Anderson Lifeguard Allison Maxwell Aquatics Lead Daniel Dougan Lifeguard Alexander Larkin 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. 46 CITY COUNCIL AGENDA ITEM 1H STAFF ORIGINATOR: Jolleen Chaika, City Clerk MEETING DATE: April 8, 2024 TOPIC: Consider Approval of Resolution 24-33, Rice Lake Elem. PTO Spring Carnival VOTE REQUIRED: Simple Majority BACKGROUND: Rice Lake Elementary PTO has applied for a Special Event Permit for the Rice Lake Elementary Spring Carnival on May 19, 2024. The applicant is proposing to have food trucks, a DJ, craft vendors, and bounce houses, located at the Rice Lake Elementary School (575 Birch Street). The application has been reviewed by staff, including the Public Safety Department. The applicant has been provided with a list of safety conditions which are also incorporated into the attached resolution. The applicant has agreed to comply with the conditions and to address any other safety considerations that may arise. City staff, including Public Safety, believe the applicant has met all conditions required for issuance of a Special Event Permit. RECOMMENDATION: Approve Resolution No. 24-33 authorizing issuance of Special Event Permit for the Rice Lake Elementary Spring Carnival ATTACHMENTS: Resolution 24-33 47 CITY OF LINO LAKES RESOLUTION NO. 24-33 AUTHORIZING A SPECIAL EVENT PERMIT FOR RICE LAKE ELEMENTARY ON MAY 19, 2024 WHEREAS, the Rice Lake Elementary PTO has applied for a special event permit; and, WHEREAS, the event plan includes an outdoor spring carnival on May 19, 2024 which will provide a DJ, bounce houses, outdoor games; and food trucks; and, WHEREAS, the Public Safety Department has reviewed plans for the event and requires the following of food truck vendors: • Clearance from buildings, combustible materials, and other vehicles (Food Trucks) is 10’ • The fire department must have vehicular access, fire lanes, and access roads clear of obstructions to the food trucks • Ensure clearance is provided for the fire department to access fire hydrants and access to fire department connections • Class K fire extinguisher must be present for cooking fires in each food truck • Minimum of on 2A 10BC extinguisher present in each food truck for ordinary fires • Engine Driven Power Sources must be clear of any air intake by 12’ on the food truck • Engine Driven Power Sources must be 12’ from any egress; and, WHEREAS, the food truck vendors are required to contact the Anoka County Environmental Services at 763-324-4260 for permission to operate in the City; and, WHEREAS, the food truck vendors are required to provide their state licensing information as well as Anoka County Environmental Services licensing to the Rice Lake Elementary PTO who will provide it to the City Clerk as requested; and, WHEREAS, proof of general liability insurance has been submitted by ISD #12 to cover all events held on the Rice Lake Elementary property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota: That the City Council authorizes issuance of a Special Event Permit to the Rice Lake Elementary PT for the spring carnival scheduled on May 19, 2024, with conditions referenced herein. 48 Adopted by the Council of the City of Lino Lakes this April 8, 2024. ________________________________ Rob Rafferty, Mayor ATTEST: ________________________ Jolleen Chaika, City Clerk 49 1 CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 2A STAFF ORIGINATOR: Hannah Lynch, Finance Director MEETING DATE: April 8, 2024 TOPIC: Approving BS&A Software VOTE REQUIRED: 3/5 ______________________________________________________________________________ BACKGROUND At the February 5, 2024 Work Session, staff received support from the City Council for the replacement of the existing Springbrook Software. Main drivers behind the replacement include integrating Community Development and Human Resource solutions as well as a finance suite that can automate processes and utilize modern technology. At the April 1, 2024 Work Session, staff presented quotes received for ERP Software: Software Conversion/Implementation/Training Annual Maintenance BS&A $251,355 $84,720 Civic Systems* $200,800 $39,110 *Total quote plus Business Licenses and Human Resources Following demos of both BS&A and Civic Systems offerings, staff recommends proceeding with BS&A software. While BS&A is not the low cost option, their offerings will better fit the needs of the City. Both offer integrated cloud-based solutions, but BS&A provides a modern user friendly experience, great customer support, more automatic workflows, and innovation in terms of how the software can improve processes resulting in efficiencies. RECOMMENDATION Consider Resolution No. 24-28, Approving BS&A Software. ATTACHMENTS Resolution No. 24-28 BS&A Software Quote 50 CITY OF LINO LAKES RESOLUTION NO. 24-28 Approving BS&A Software WHEREAS, replacement of the City’s ERP Software was included in the 2024-2028 Financial Plan to serve the needs of the Community Development, Finance, and Human Resources departments; and, WHEREAS, quotes were received from BS&A Software and Civic Systems which included pricing for both the one-time conversion and implementation of the new software as well as the annual maintenance fees to be incurred; and, WHEREAS, BS&A Software will best meet the needs of the City to automate processes and utilize modern technology; and, WHEREAS, funds are available for the conversion and implementation in the amounts of $100,000 and $151,355 from General Fund and Closed Bond Fund reserves, respectively; and, WHEREAS, the 2025 budget process will reflect the annual maintenance to be incurred from the General and Enterprise Funds. NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes, Minnesota that staff is authorized to execute the agreement with BS&A Software for $336,075 which includes one- time conversion and implementation fees of $251,355 and on-going annual maintenance of $84,720. Adopted by the City Council of the City of Lino Lakes this 8th day of April, 2024. ___________________________ Rob Rafferty, Mayor ATTEST: ___________________________ Jolleen Chaika, City Clerk 51 BS&A Software 14965 Abbey Lane Bath MI 48808 (855) BSA-SOFT / fax (517) 641-8960 bsasoftware.com Proposal for: City of Lino Lakes, Anoka County MN April 4, 2024 Quoted by: Dan J. Burns, CPA Software and Services for BS&A Cloud Thank you for the opportunity to quote our software and services. At BS&A, we are focused on delivering unparalleled service, solutions, support, and customer satisfaction. You’ll see this in our literature, but it’s not just a marketing strategy... it’s a mindset deeply embedded in our DNA. Our goal is to provide such remarkable customer service that our customers feel compelled to remark about it. We are extremely proud of the many long-term customer relationships we have built. Our success is directly correlated with putting the customer first and consistently choosing to listen. Delivering unparalleled customer service is the foundation of our company. 52 City of Lino Lakes, Anoka County MN | April 4, 2024 Dan J. Burns, CPA, Account Executive | (855) 272-7638 | dburns@bsasoftware.com Page 2 of 8 Prices good for a period of 120 days from date on proposal Cost Summary Software is licensed for use only by municipality identified on the cover page. If used for additional entities or agencies, please contact BS&A for appropriate pricing. Prices subject to change if the actual count is significantly different than the estimated count. Module fees are charged annually and include unlimited support. Cloud Modules – Annual Fee Financial Management $7,330 General Ledger Accounts Payable $6,020 Cash Receipting $6,645 Accounts Receivables $5,640 Fixed Assets $5,515 Utility Billing (approximately 5,500 utility accounts) $6,600 Personnel Management $9,955 Payroll Human Resources $6,955 Timesheets $4,500 Community Development $10,190 Building Department Business Licensing $5,765 BS&A Online $5,105 Community Development Permit Application Feature - Enables contractors and the general public to submit permit applications online Public Records Search + Online Bill Pay With use of integrated Credit Card Processor $2,925 Laserfiche $1,575 BS&A Integration with Laserfiche Document Management System Ability to store and retrieve document attachments in Laserfiche Document Management system, for all currently integrated BS&A modules. Subtotal $84,720 53 City of Lino Lakes, Anoka County MN | April 4, 2024 Dan J. Burns, CPA, Account Executive | (855) 272-7638 | dburns@bsasoftware.com Page 3 of 8 Prices good for a period of 120 days from date on proposal Data Conversions/Database Setup Convert existing Springbrook data to BS&A format: $7,035 General Ledger (COA, Balances, Budget, Up to 10 Years Journal Transaction history) Accounts Payable (Vendors, Up to 10 years invoices and check history) $6,080 Cash Receipting (Receipt items, Up to 10 years receipt history) $6,180 Accounts Receivables (Customers, Invoice and Receipt History, if available) $7,275 Fixed Assets (Asset Information) $6,010 Payroll (Database Setup, Employee detail and YTD, Up to 10 years check history) $15,030 Utility Billing (Accounts, Services, Deposits, Rates, Meters; Up to 10 Years of Service, Billing & Payment History) $9,400 Convert existing Permit Works data to BS&A format: $16,200 Building Department (per database) Business Licensing (per database) $10,320 Database Setup: $3,300 Human Resources (Setup of Licenses, Certifications, Benefit Plans, Positions. Not assigned to Employees) Subtotal $86,830 No conversion or database setup to be performed for: Timesheets Custom Import Custom import from third-party software to populate Building Department database with parcels, properties, and current owners. $1,500 Subtotal $1,500 54 City of Lino Lakes, Anoka County MN | April 4, 2024 Dan J. Burns, CPA, Account Executive | (855) 272-7638 | dburns@bsasoftware.com Page 4 of 8 Prices good for a period of 120 days from date on proposal Project Management and Implementation Planning Services include: - Analyzing customer processes to ensure all critical components are addressed. - Creating and managing the project schedule in accordance with the customer's existing processes and needs. - Planning and scheduling training around any planned process changes included in the project plan. - Modifying the project schedule as needed to accommodate any changes to the scope and requirements of the project that are discovered. - Providing a central contact between the customer’s project leaders, developers, trainers, IT staff, conversion staff, and other resources required throughout the transition period. - Installing the software and providing IT consultation for network, server, and workstation configuration and requirements. - Reviewing and addressing the specifications for needed customizations to meet customer needs (when applicable). $35,375 Implementation and Training - $1,100/day - Days quoted are estimates; you are billed for actual days used Services include: - Setting up users and user security rights for each application - Performing final process and procedure review - Configuring custom settings in each application to fit the needs of the customer - Setting up application integration and workflow methods - Onsite verification of converted data for balancing and auditing purposes - Training and Go-Live Software Setup Days: 8 $8,800 Financial Management Modules Days: 20 $22,000 Personnel Management Modules Days: 25 $27,500 Community Development Modules Days: 16 $17,600 Total: 69 Subtotal $75,900 55 City of Lino Lakes, Anoka County MN | April 4, 2024 Dan J. Burns, CPA, Account Executive | (855) 272-7638 | dburns@bsasoftware.com Page 5 of 8 Prices good for a period of 120 days from date on proposal Cost Totals Modules - Annual Fee $84,720 Data Conversions/Database Setup $86,830 Custom Import $1,500 Project Management and Implementation Planning $35,375 Implementation and Training $75,900 Total Proposed $284,325 Travel Expenses $51,750 Payment Schedule 1st Payment: $122,205 to be invoiced upon execution of this agreement. 2nd Payment: $84,720 to be invoiced at activation of customer’s site. 3rd Payment: $129,150 to be invoiced upon completion of training. 56 City of Lino Lakes, Anoka County MN | April 4, 2024 Dan J. Burns, CPA, Account Executive | (855) 272-7638 | dburns@bsasoftware.com Page 6 of 8 Prices good for a period of 120 days from date on proposal Additional Information Program Customization BS&A strives to provide a flexible solution that can be tailored to each municipality's needs. However, in some cases, custom work may be required. Typical examples include: • custom payment import/lock box import • custom OCR scan-line • custom journal export to an outside accounting system • custom reports If you require any custom work, please let us know so that we can better understand the scope of your request and include that in a separate proposal. Cash Receipting Hardware Quantity Cost Epson THM-6000V Series Receipt Printer* $925 x _____ = $_____________ APG Series 100Cash Drawer** $275 x _____ = $_____________ Honeywell Hyperion 1300g Linear-Imaging Scanner $275 x _____ = $_____________ Credit Card Reader (if using Invoice Cloud) $75 x _____ = $_____________ This will add $____________________ to the Total Proposed. *IMPORTANT. The receipt printer must be plugged into the USB port on one workstation (not your server). This printer is not to be shared with other workstations. If more than one workstation will be used for receipting, please consider purchasing more than one receipt printer. Please provide the number of cash drawers that will be hooked up to the printer_____________ Note: The availability, model numbers, and pricing for all third party hardware listed above is subject to availability from the manufacturers. In the event that the listed hardware is no longer available at the time of purchase, a comparable replacement will be available, at the then current cost. Returns require pre-approval, and all purchased equipment must be shipped back to BS&A in its original packaging. Returns are subject to a re-stocking fee of $50.00. Additional Training - Building Department Report Designer Most of our Building Department customers heavily use our Report Designer, which is included free with the program. Report Designer Training is not included in the training quoted on this proposal and is highly recommended. You may attend a class at our office in Bath Township, or we can train at your location. Report Designer Training is typically completed in one day. Please check the option you are interested in. Report Designer Training will be scheduled after successful implementation and training of your Building Department software. ___ Classroom training, $205/person/day ___ On-site training (unlimited attendees), $1,100/day, travel not included 57 City of Lino Lakes, Anoka County MN | April 4, 2024 Dan J. Burns, CPA, Account Executive | (855) 272-7638 | dburns@bsasoftware.com Page 7 of 8 Prices good for a period of 120 days from date on proposal BS&A Online Connection Requirements BS&A Cloud modules require a high-speed internet connection (cable modem or DSL). Payment Processing Requirements Acceptance of online payments requires a contract with one of BS&A’s approved Online Credit Card Processing companies. Please visit https://www.bsasoftware.com/solutions/bsaonline/public-records-search/ for information. 58 City of Lino Lakes, Anoka County MN | April 4, 2024 Dan J. Burns, CPA, Account Executive | (855) 272-7638 | dburns@bsasoftware.com Page 8 of 8 Prices good for a period of 120 days from date on proposal Contact Information If any mailing addresses are PO Boxes, please also provide a Street Address for UPS/Overnight mail. If additional contacts need to be submitted, please make a copy of this page. Key Contact for Implementation and Project Management Name______________________________________________________________________________ Title__________________________________________________ Phone/Fax_________________________________________________________________________ Email_________________________________________________ Mailing Address____________________________________________________________________________________________________________________________ City, State, Zip______________________________________________________________________________________________________________________________ IT Contact Name______________________________________________________________________________ Title__________________________________________________ Phone/Fax_________________________________________________________________________ Email_________________________________________________ Mailing Address____________________________________________________________________________________________________________________________ City, State, Zip______________________________________________________________________________________________________________________________ 59 1 CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 2A STAFF ORIGINATOR: Meg Sawyer, Human Resources and Communications Manager MEETING DATE: April 8, 2024 TOPIC: Consider Appointment of Activity Center Coordinator VOTE REQUIRED: 3/5 ______________________________________________________________________________ INTRODUCTION The City Council is being asked to approve the appointment of Mikaela Bagley to the full-time Activity Center Coordinator (Aquatics) position at the Rookery Activity Center. BACKGROUND Staff has completed the recruitment process, provided a conditional offer, and is recommending the approval of Bagley for the full-time position. Bagley has a Bachelor’s Degree from University of Minnesota - Carlson School of Management and is currently working as the Interim Head Aquatics Lead in the Aquatics Center at the Rookery. She also coaches swimming at the Minnetonka Swim Club. She has her First Aid, CPR and AED certification. She is also a certified Lifeguard Instructor with Red Cross. The starting wage for Bagley will be $33.00 per hour which is the Starting Step in a 6 step wage scale for the Activity Center Coordinator position. With the Council’s approval, Bagley would start in the Activity Center Coordinator position on April 21, 2024. The hiring of Mikaela Bagley as Activity Center Coordinator will backfill the Aquatics Supervisor vacancy that was created on June 26, 2023. The 2024 Adopted Budget includes one full-time Aquatics position; therefore, this position is fully funded in the 2024 Budget. Approval of Bagley in this position will not result in an increase to personnel costs for the Rookery Activity Center. RECOMMENDATION Please approve the appointment of Mikaela Bagley to the Activity Center Coordinator position. ATTACHMENTS None 60 1 CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 4A STAFF ORIGINATOR: John Swenson, Public Safety Director MEETING DATE: April 8, 2024 TOPIC: Approval of Resolution 24-26 Authorizing Grant Agreement for 2024 Intensive Comprehensive Peace Officer Education & Training VOTE REQUIRED: 3/5 ______________________________________________________________________________ INTRODUCTION In an effort to expand the applicant pool for current and future police officer vacancies, the Public Safety Department applied for and was awarded grant funding under the 2024 Intensive and Comprehensive Peace Officer Education and Training (ICPOET) grant program. BACKGROUND There is currently a shortage of applicants for vacant police officer positions throughout the state of Minnesota. Through the legislative process the Minnesota Department of Public Safety Office of Justice Program created a grant program called the Intensive Comprehensive Peace Officer Education and Training Program. This grant program enables agencies to hire individuals that have a 2 or 4 year degree in any field and want to make a career transition to a police officer. The grant award is for $50,000 for expenses covering wages, benefits, recruitment, pre-hire assessments, and training at Hennepin Technical College that will meet the MN POST Board requirements to become a police officer in Minnesota. RECOMMENDATION Approve Resolution 24-26 authorizing staff to enter into the grant agreement for 2024 ICPOET grant program. ATTACHMENTS Resolution 24-26 ICPOET Grant Agreement Lino Lakes 61 CITY OF LINO LAKES RESOLUTION NO. 24-26 AUTHORIZING EXECUTION OF GRANT AGREEMENT FOR THE 2024 INTENSIVE COMPREHENSIVE PEACE OFFICER EDUCATION and TRAINING GRANT WHEREAS, policing agencies throughout the State of Minnesota are experiencing a low number of applicants for vacant police officer positions; and, WHEREAS, the Minnesota Department of Public Safety established grant funding to assist Minnesota agencies expand the applicant pool to fill vacant police officer positions: and, WHEREAS, the Lino Lakes Public Safety Department has police officer vacancies to fill; and, WHEREAS, in an effort to expand the police officer applicant pool the Lino Lakes Public Safety Department applied for and was awarded grant funding under the 2024 Intensive Comprehensive Peace Officer Education and Training Grant; NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes, Minnesota that the Lino Lakes Public Safety Department be authorized to enter into a grant agreement with the Minnesota Department of Public Safety, for the 2024 Intensive Comprehensive Peace Officer Education and Training during the period from May 1, 2024 through June 30, 2025. BE IT FURTHER RESOLVED that the Public Safety Director of the Lino Lakes Public Safety Department is hereby authorized to execute such agreements and amendments as are necessary to implement the project on behalf of the Lino Lakes Public Safety Department and to be the fiscal agent and administer the grant. Adopted by the City Council of the City of Lino Lakes this 8th day of April, 2024. ___________________________ Rob Rafferty, Mayor ATTEST: ___________________________ Jolleen Chaika, City Clerk 62 Grant Contract Agreement Page 1 of 2 DPS Grant Contract Agreement Non-State (rev. September 2022) Minnesota Department of Public Safety (“State”) Office of Justice Programs 445 Minnesota Street, Suite 2300 St. Paul, MN 55101-2139 Grant Program: Intensive Comprehensive Peace Officer Education and Training 2024 Grant Contract Agreement No.: A-ICPOE-2024-LINOLKPD-013 Grantee: City of Lino Lakes Police Department 600 Town Center Parkway Lino Lakes, Minnesota 55014 Grant Contract Agreement Term: Effective Date: 5/1/2024 Expiration Date: 6/30/2025 Grantee’s Authorized Representative: John Swenson, Public Safety Director City of Lino Lakes Police Department 640 Town Center Parkway Lino Lakes, Minnesota 55014 (651) 982-2301jswenson@linolakes.us Grant Contract Agreement Amount: Original Agreement $50,000.00 Matching Requirement $0.00 State’s Authorized Representative: Kristin Lail, Grants Specialist Coordinator Office of Justice Programs 445 Minnesota Street, Suite 2300 St. Paul, MN 55101-2139 (651) 230-3358Kristin.lail@state.mn.us Federal Funding: CFDA/ALN: None FAIN: N/A State Funding: Minnesota Session Laws of 2023, Chapter 52, Article 2, Section 3, Subdivision 8. Special Conditions: None Under Minn. Stat. § 299A.01, Subd 2 (4) the State is empowered to enter into this grant contract agreement. Term: The creation and validity of this grant contract agreement conforms with Minn. Stat. § 16B.98 Subdivision 5. Effective date is the date shown above or the date the State obtains all required signatures under Minn. Stat. §16B.98, Subdivision 7, whichever is later. Once this grant contract agreement is fully executed, the Grantee mayclaim reimbursement for expenditures incurred pursuant to the Payment clause of this grant contract agreement.Reimbursements will only be made for those expenditures made according to the terms of this grant contract agreement. Expiration date is the date shown above or until all obligations have been satisfactorily fulfilled,whichever occurs first. The Grantee, who is not a state employee, will: Perform and accomplish such purposes and activities as specified herein and in the Grantee’s approved Intensive Comprehensive Peace Officer Education and Training 2024 Application (“Application”) which is incorporated by reference into this grant contract agreement and on file with the State at 445 Minnesota Street, Suite 2300, St. Paul, Minnesota, 55101-2139. The Grantee shall also comply with all requirements referenced in the Intensive Comprehensive Peace Officer Education and Training 2024 Guidelines and Application which includes the Terms and Conditions and Grant Program Guidelines (https://app.dps.mn.gov/EGrants), which are incorporated by reference into this grant contract agreement. Budget Revisions: The breakdown of costs of the Grantee’s Budget is contained in Exhibit A, which is attached and incorporated into this grant contract agreement. As stated in the Grantee’s Application and Grant Program Guidelines, the Grantee will submit a written change request for any substitution of budget items or any deviation and in accordance with the Grant Program Guidelines. Requests must be approved prior to any expenditure by the Grantee. Matching Requirements: (If applicable.) As stated in the Grantee’s Application, the Grantee certifies that the matching requirement will be met by the Grantee. 63 Grant Contract Agreement Page 2 of 2 DPS Grant Contract Agreement Non-State (rev. September 2022) Payment: As stated in the Grantee’s Application and Grant Program Guidance, the State will promptly pay the Grantee after the Grantee presents an invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services and in accordance with the Grant Program Guidelines. Payment will not be made if the Grantee has not satisfied reporting requirements. Certification Regarding Lobbying: (If applicable.) Grantees receiving federal funds over $100,000.00 must complete and return the Certification Regarding Lobbying form provided by the State to the Grantee. 1. ENCUMBRANCE VERIFICATION 3. STATE AGENCYIndividual certifies that funds have been encumbered as required by Minn. Stat. § 16A.15. Signed: _____________________________________________ (with delegated authority) Signed: _____________________________________________ Title: ______________________________________________ Date: _______________________________________________ Date: ______________________________________________ Grant Contract Agreement No./ P.O. No. A-ICPOE-2024-LINOLKPD-013 / 3-94428 Project No.(indicate N/A if not applicable): __N/A___ 2.GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant contract agreement on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. Signed: _____________________________________________ Print Name: __________________________________________ Title: _______________________________________________ Date: _______________________________________________ Signed: ______________________________________________ Print Name: __________________________________________ Title: ________________________________________________ Date: ________________________________________________ Signed: ______________________________________________ Print Name: __________________________________________ Distribution: DPS/FAS Title: ________________________________________________ Grantee State’s Authorized Representative Date: ________________________________________________ 64 Intensive Comprehensive Peace Officer Education and Training 2024 Organization: Lino Lakes Police Department EXHIBIT A A-ICPOE-2024-LINOLKPD-013 Budget Summary ICPOE: 2024 Intensive Comprehensive Peace Officer Education and Training Grant Program Budget Category Award Personnel Wages $25,510.00 Total $25,510.00 Payroll Taxes and Fringe Cadet Payroll Taxes and Fringe $2,000.00 Total $2,000.00 Contracted Services Recruitment and pre-hire assessments $1,890.00 Total $1,890.00 Travel and Training Hennepin Technical College $20,600.00 Total $20,600.00 Total $50,000.00 Page 1 of 103/21/2024 65 1 CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 4B STAFF ORIGINATOR: John Swenson, Public Safety Director MEETING DATE: April 8, 2024 TOPIC: Approval of Resolution 24-27 Authorizing Grant Agreement for 2024 Pathways to Policing Reimbursement Grant VOTE REQUIRED: 3/5 ______________________________________________________________________________ INTRODUCTION In an effort to expand the applicant pool for current and future police officer vacancies, the Public Safety Department applied for and was awarded grant funding under the 2024 Pathways to Policing Reimbursement grant program. BACKGROUND There is currently a shortage of applicants for vacant police officer positions throughout the state of Minnesota. Through the legislative process the Minnesota Department of Public Safety Office of Justice Program expanded a grant program called the Pathways to Policing Reimbursement Grant Program. This grant program enables agencies to hire individuals that want to start a career as a police officer but do not have a college degree. The grant award is for $67,243 for expenses covering wages, benefits, recruitment, pre-hire assessments, and training at an accredited post-secondary institution that meets the MN POST Board requirements. This grant does have a required local funding match of $67,243. This match will be covered by funding included in the existing Police Division 2024 Budget and future requested Police Division budget. RECOMMENDATION Approve Resolution 24-27 authorizing staff to enter into the grant agreement for 2024 Pathways to Policing Reimbursement grant program. 66 2 ATTACHMENTS Resolution 24-27 Pathway to Policing Grant Agreement Lino Lakes 67 CITY OF LINO LAKES RESOLUTION NO. 24-27 AUTHORIZING EXECUTION OF GRANT AGREEMENT FOR THE 2024 PATHWAYS TO POLICING REIMBURSEMENT GRANT WHEREAS, policing agencies throughout the State of Minnesota are experiencing a low number of applicants for vacant police officer positions; and, WHEREAS, the Minnesota Department of Public Safety established grant funding to assist Minnesota agencies expand the applicant pool to fill vacant police officer positions; and, WHEREAS, the Lino Lakes Public Safety Department has police officer vacancy to fill; and, WHEREAS, in an effort to expand the police officer applicant pool the Lino Lakes Public Safety Department applied for and was awarded grant funding under the 2024 Pathways to Policing Reimbursement Grant; NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes, Minnesota that the Lino Lakes Public Safety Department be authorized to enter into a grant agreement with the Minnesota Department of Public Safety, for the 2024 Pathways to Policing Reimbursement Grant during the period from May 1, 2024 through March 31, 2026. BE IT FURTHER RESOLVED that the Public Safety Director of the Lino Lakes Public Safety Department is hereby authorized to execute such agreements and amendments as are necessary to implement the project on behalf of the Lino Lakes Public Safety Department and to be the fiscal agent and administer the grant. Adopted by the City Council of the City of Lino Lakes this 8th day of April, 2024. ___________________________ Rob Rafferty, Mayor ATTEST: ___________________________ Jolleen Chaika, City Clerk 68 Grant Contract Agreement Page 1 of 3 DPS Grant Contract Agreement Non-State (rev. September 2022) Minnesota Department of Public Safety (“State”) Office of Justice Programs 445 Minnesota Street, Suite 2300 St. Paul, MN 55101-2139 Grant Program: Pathway to Policing Reimbursement Grants 2024 Grant Contract Agreement No.: A-PTP-2024-LINOLKPD-025 Grantee: City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 Grant Contract Agreement Term: Effective Date: 5/1/2024 Expiration Date: 3/31/2026 Grantee’s Authorized Representative: John Swenson, Public Safety Director City of Lino Lakes, Police Department 640 Town Center Parkway Lino Lakes, Minnesota 55014 (651) 982-2301 jswenson@linolakes.us Grant Contract Agreement Amount: Original Agreement $67,243.00 Matching Requirement $67,243.00 State’s Authorized Representative: Kristin Lail, Grants Specialist Coordinator Office of Justice Programs 445 Minnesota Street, Suite 2300 St. Paul, MN 55101-2139 (651) 230-3358 Kristin.lail@state.mn.us Federal Funding: None FAIN: N/A State Funding: Minnesota Session Laws of 2023, Chapter 52, Article 2, Section 3, Subdivision 8 Special Conditions: Attached and incorporated into this grant contract agreement. See page 3. Under Minn. Stat. § 299A.01, Subd 2 (4) the State is empowered to enter into this grant contract agreement. Term: The creation and validity of this grant contract agreement conforms with Minn. Stat. § 16B.98 Subdivision 5. Effective date is the date shown above or the date the State obtains all required signatures under Minn. Stat. § 16B.98, Subdivision 7, whichever is later. Once this grant contract agreement is fully executed, the Grantee may claim reimbursement for expenditures incurred pursuant to the Payment clause of this grant contract agreement. Reimbursements will only be made for those expenditures made according to the terms of this grant contract agreement. Expiration date is the date shown above or until all obligations have been satisfactorily fulfilled, whichever occurs first. The Grantee, who is not a state employee, will: Perform and accomplish such purposes and activities as specified herein and in the Grantee’s approved Pathway to Policing Reimbursement Grants 2024 Application (“Application”) which is incorporated by reference into this grant contract agreement and on file with the State at 445 Minnesota Street, Suite 2300, St. Paul, Minnesota, 55101-2139. The Grantee shall also comply with all requirements referenced in the Pathway to Policing Reimbursement Grants 2024 Guidelines and Application which includes the Terms and Conditions and Grant Program Guidelines (https://app.dps.mn.gov/EGrants), which are incorporated by reference into this grant contract agreement. Budget Revisions: The breakdown of costs of the Grantee’s Budget is contained in Exhibit A, which is attached and incorporated into this grant contract agreement. As stated in the Grantee’s Application and Grant Program Guidelines, the Grantee will submit a written change request for any substitution of budget items or any deviation and in accordance with the Grant Program Guidelines. Requests must be approved prior to any expenditure by the Grantee. Matching Requirements: (If applicable.) As stated in the Grantee’s Application, the Grantee certifies that the matching requirement will be met by the Grantee. 69 Grant Contract Agreement Page 2 of 3 DPS Grant Contract Agreement Non-State (rev. September 2022) Payment: As stated in the Grantee’s Application and Grant Program Guidance, the State will promptly pay the Grantee after the Grantee presents an invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services and in accordance with the Grant Program Guidelines. Payment will not be made if the Grantee has not satisfied reporting requirements. Certification Regarding Lobbying: (If applicable.) Grantees receiving federal funds over $100,000.00 must complete and return the Certification Regarding Lobbying form provided by the State to the Grantee. 1. ENCUMBRANCE VERIFICATION 3. STATE AGENCY Individual certifies that funds have been encumbered as required by Minn. Stat. § 16A.15. Signed: _____________________________________________ (with delegated authority) Signed: _____________________________________________ Title: ______________________________________________ Date: _______________________________________________ Date: ______________________________________________ Grant Contract Agreement No./ P.O. No. A-PTP-2024-LINOLKPD-025 / 3-94492 Project No.(indicate N/A if not applicable): __N/A___ 2. GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant contract agreement on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. Signed: _____________________________________________ Print Name: __________________________________________ Title: _______________________________________________ Date: _______________________________________________ Signed: ______________________________________________ Print Name: __________________________________________ Title: ________________________________________________ Date: ________________________________________________ Signed: ______________________________________________ Print Name: __________________________________________ Distribution: DPS/FAS Title: ________________________________________________ Grantee State’s Authorized Representative Date: ________________________________________________ 70 Grant Contract Agreement Page 3 of 3 DPS Grant Contract Agreement Non-State (rev. September 2022) Special Conditions 1. Time limitations on funding use: $33,621.50 is available from May 1, 2024 through June 30, 2025. $33,621.50 is available from July 1, 2024 through March 31, 2026. 71 Pathway to Policing Reimbursement Grants 2024 EXHIBIT A Organization: Lino Lakes Police Department A-PTP-2024-LINOLKPD-025 Budget Summary PTP: 2024 PTP Budget Category Award Match Personnel Wages $0.00 $45,240.00 Total $0.00 $45,240.00 Payroll Taxes and Fringe Payroll Taxes and Fringe $0.00 $8,664.00 Total $0.00 $8,664.00 Travel and Training Educational Expenses $60,318.00 $6,414.00 Total $60,318.00 $6,414.00 Contract Services Recruitment and pre-hire assessments $2,675.00 $2,675.00 Total $2,675.00 $2,675.00 Other Expenses Uniforms & Equpiment $4,250.00 $4,250.00 Total $4,250.00 $4,250.00 Total $67,243.00 $67,243.00 Page 1 of 103/25/2024 72 1 CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 6A STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: April 8, 2024 TOPIC: Watermark 7th Addition i.Consider Resolution No. 24-23 Approving PUD Final Plan/Final Plat ii.Consider Resolution No. 24-24 Approving Development Agreement and Planned Unit Development Agreement iii.Consider Resolution No. 24-25 Approving Open Space Easement Agreement VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council consideration of the above noted resolutions. Complete Application Date: February 12, 2024 60-Day Review Deadline:April 12, 2024 120-Day Review Deadline:June 11, 2024 Environmental Board Meeting: N/A Park Board Meeting: N/A Planning & Zoning Board Meeting: March 13, 2024 Tentative City Council Work Session: April 8, 2024 Tentative City Council Meeting: April 8, 2024 This Council staff report provides updates to the March 13, 2024 Planning & Zoning staff report. Changes are either narratively described or shown as strikethrough (deletions) or underline (additions). BACKGROUND 73 2 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 7th Addition PUD Final Plan/Final Plat. The plat proposes 106 single family lots and 8 outlots. Previous Council approvals include: • June 13, 2016: Resolution No. 16-51 approving PUD Development Stage Plan/Preliminary Plat • October 9, 2017: Resolution No. 17-95 approving Amendment #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 • August 14, 2023: Resolution No. 23-77 approving Amendment #4 to PUD Development Stage Plan/Preliminary Plat This staff report is based on the following information: • Cost Estimate Summary prepared by Carlson McCain dated February 12, 2024 • 7th Addition Specification Book prepared by Carlson McCain dated December 9, 2022 • Watermark 7th Addition Final Plat prepared by Carlson McCain • Watermark 7th Addition Sanitary Sewer, Water Main, Storm Sewer and Street Construction Plans prepared by Carlson McCain dated January 26, 2024 • Watermark 7th Addition Site Landscape Plan prepared by Carlson McCain dated February 12, 2024 • Watermark Grading, Development & Erosion Control Plan prepared by Carlson McCain revision date January 26, 2024 • Watermark 7th Addition Home Plans Booklet prepared by Lennar dated January 30, 2024 • 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 74 3 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. In August 2023, Council approved PUD Amendment #4-PUD Development Stage Plan/Preliminary Plat. The amendment reconfigured the north end of the preliminary plat in regards to lot sizes and housing products. The total number of housing units remains 864 and does not change. Density The 2030 Comprehensive Plan was in effect at the time of original approval. The Plan guided the area for mixed use and required a density of 3.0 to 4.5 dwelling units per net acre. The current 2040 Comprehensive Plan guides the area for Low Density Mixed Residential and requires a density of 3.0 to 4.0 units per net acre. The development meets both density requirements. PUD Amend #4 (August 2023) Gross Area (acres) 372.24 Wetlands & Water Bodies 45.09 Public Parks & Open Space 69.27 Arterial ROW 5.46 Other (Undevelopable) 0.62 Net Area (acres) 251.80 # of Housing Units 864 Gross Density (units/acre) 2.32 Net Density (units/acre) 3.43 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 7th Addition final plat is within the Phase III grading limits. PUD Final Plan Watermark 7th Addition creates 106 single family lots and 8 outlots. The PUD Final Plan is consistent with PUD Amendment #4 in regards to the land use plan, street and utilities, parks and open space, lot standards, and landscaping. 75 4 The following housing types and products proposed for the 7th Addition are consistent with the approved Land Use Plan. Housing Type Lot Width Housing Product # Lots Single Family 75’ Landmark 15 Single Family 60’-65’ Heritage/Discovery 62 Single Family 55’+ Venture/Villa 29 TOTAL 106 Architectural Standards Resolution No. 17-133 and Resolution No. 19-131 detail architectural design standards for the entire Watermark development. As required, a Watermark 7th Addition Home Plans summary booklet and Architectural Standards Matrix were submitted. The booklet and matrix detail compliance of the housing products with the resolutions in regards to exterior materials and styles, house elevations and garage and porch requirements. There are over 30 different single family house plans with multiple facade and elevation options for a combination of over 275 different housing styles proposed for the 7th 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 7th 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 construction of the HOA clubhouse. Construction started in May 2023 and is scheduled to open in Spring 2024. Subdivision Ordinance Conformity with the Comprehensive Plan and Zoning Code 76 5 The Watermark 7th 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 PUD Amendment #4-Development Stage Plan/Preliminary Plat and Final Plan. Plat Phases 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 7th 106 97 0 0 97 Blocks and Lots The final plat creates 106 single family lots and 8 outlots. The following chart summarizes the purpose of the outlots: Outlot Purpose Ownership A Wetland, Open Space and Trail Corridor HOA B Future Development Homeowners C Open Space &Trail Corridor HOA D Open Space & Gas Line Easement Corridor HOA E Open Space & Gas Line Easement Corridor HOA F Open Space & Gas Line Easement Corridor HOA G Private Park HOA H Future Development HOA/Homeowners 77 6 Easements Standard drainage and utility easements are being dedicated on individual lots. A drainage and utility easement is required over Outlot A. Street and Utilities The 7th Addition proposes construction of the following streets which are consistent with PUD Amendment #4: Street Name Right-of-Way Width Street Width (Back to Back) Lotus Lane, Mille Lacs Lane 60 feet 32 feet Traverse Drive, Pepin Drive, Swan Street 60 feet 30 feet Rainy Lane 66 feet 38 feet Watermain, sanitary sewer main, stormwater facilities, streets, sidewalks and trails are being constructed consistent with the PUD Amendment #4. Public Land Dedication and Fees Per Resolution No. 16-51, the City will require the following combination of land dedication and cash in lieu of land dedications: 1. Land dedication for the public and private parks will be credited from the total payment in lieu. 2. Costs for public park improvements and trail construction will be credited from the total payment in lieu. 3. Improvements to the private parks and recreational center will not be credited from the total payment in lieu. An 8.5 ft wide bituminous trail approximately 4,850lf in length will be constructed throughout the plat. A Permanent Trail Easement with 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. Park dedication fees will also be credited for the 1.06 acre private park land platted as Outlot G, Watermark 7th Addition. Per the Master Developer Agreement (MDA), the parkland dedication fees are based on an appraisal of fair market value. The appraisal was prepared in December 2018 by Insight Realty Advisors, Inc. The comparable appraisal price for this private park is $37,647 per acre. The total park dedication fee is $39,906 (1.06 acres x $37,647). 78 7 The following is a summary of the public land dedication and fees: Watermark 7th Addition Total # Units = 106 x Park Dedication Fee $3,300 = Cash in Lieu Value $349,800 (Trail Construction Costs) ($150,350) (Land dedication value (Outlot G, Watermark 7th) ($39,906) TOTAL CASH FEE DUE = $159,544 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 and restoration will be substantially completed in 2024. 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 79 8 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 Agreement shall be recorded over Outlot A, C, D, E, and F, Watermark 7th Addition. Staff realized the Open Space Easement Agreement template we’ve been using doesn’t actually legally describe the “Easement Area”. It just refers to the “The Property”. A draft Amendment document correcting the legal descriptions of all previously recorded agreements shall be submitted to the City for review and approval prior to recording. Sheet 3, Watermark 7th Addition Site Landscape Plan details the location of required “Protected Open Space Area” signs. Development Agreement Master Development Agreement A Master Development Agreement was recorded in March 2019. The Agreement covers the entire 372 acre site and details the terms and conditions of City approvals, the Development Plans, the required public and private improvements as part of the first and subsequent phase, the standards for the timing and financing of the improvements, required HOA documents and the terms of payment. Development Agreement and Planned Unit Development Agreement The City will also require our standard Development Agreement specific to each phase of development. This agreement further details required improvements and securities. The City Engineer will draft this Agreement and it shall be approved by the City Council. Homeowner’s Association (HOA) The City Attorney is reviewing reviewed the HOA documents and has no concerns. Any issues shall be resolved prior to City Council action. Title Commitment The City Attorney is reviewing reviewed the title commitment and final plat and has no concerns. Any issues shall be resolved prior to City Council action. Stormwater Maintenance Agreement The stormwater facilities will be covered under the City’s Programmatic Stormwater 80 9 Management Agreement after they have been installed and accepted by the City. Findings of Fact The Findings of Fact for Watermark 7th Addition PUD Final Plan/Final Plat are detailed in Resolution No. 24-23. RECOMMENDATION The Planning & Zoning Board reviewed the Watermark 7th Addition PUD Final Plan/Final Plat on March 13, 2024 and recommended approval with a 6-0 vote. ATTACHMENTS 1.Resolution No. 24-23 2.Final Plat 3.Resolution No. 24-24 4.Development Agreement and Planned Unit Development Agreement 5.Resolution No. 24-25 6.Open Space Easement Agreement 81 1 CITY OF LINO LAKES RESOLUTION NO. 24-23 RESOLUTION APPROVING WATERMARK 7th ADDITION PUD FINAL PLAN/FINAL PLAT WHEREAS, the City received a land use application for Watermark 7th 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 February 12, 2024 •7th Addition Specification Book prepared by Carlson McCain dated December 9, 2022 •Watermark 7th Addition Final Plat prepared by Carlson McCain •Watermark 7th Addition Sanitary Sewer, Water Main, Storm Sewer and Street Construction Plans prepared by Carlson McCain dated January 26, 2024 •Watermark 7th Addition Site Landscape Plan prepared by Carlson McCain dated February 12, 2024 •Watermark Grading, Development & Erosion Control Plan prepared by Carlson McCain revision date January 26, 2024 •Watermark 7th Addition Home Plans Booklet prepared by Lennar dated January 30, 2024 •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 March 13, 2024; 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 plat. 3.A Development Agreement has been drafted and shall be executed. Attachment 1: Resolution No. 24-23 82 2 4.Conditions attached to approval of the preliminary plat have been fulfilled or secured by the Development Agreement. 5.All fees, charges and escrow related to the preliminary or final plat have been paid in full. BE IT FURTHER RESOLVED 1.Outlots A, C, D, E, and F, Watermark 7th Addition are preserved as permanent Open Space and shall be improved by the Developer in accordance with the approved plans and upon completion and acceptance by the city of such improvements, they shall be owned and maintained by a Homeowner’s Association in accordance with an approved Restoration and Management Plan. 2.A Permanent Trail Easement with exhibit covering the trail shall be recorded after the trail has been constructed. 3.An annexation amendment to neighborhood declaration of covenants and supplemental declaration of covenants citing deed restriction shall be recorded stating lots with oversize drainage and utility easements may have limited ability to construct accessory structures. 4.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 8th Addition. BE IT FURTHER RESOLVED the following items shall be addressed prior to release of final plat mylars: 1.The 7th Addition Development Agreement shall be approved by the City Council, executed, and recorded against the property. 2.Final Plat: a.A drainage and utility easement shall cover all of Outlot A. 3.Land Use Plan: a.Revision date shall be corrected to 08/16/2023. 4.A draft of the proposed Open Space Easement Agreement Amendment document correcting the legal descriptions of all previously recorded agreements shall be submitted to the City for review and approval prior to recording. BE IT FURTHER RESOLVED the following items shall be addressed prior to issuance of any single family home building permits within the 7th Addition: 1.All comments from the City Engineer Letter dated March 6, 2024 shall be addressed. 2.All comments from Environmental Coordinator Memos for PUD Amend #4 and 7th Addition dated March 6, 2024 shall be addressed. 83 3 3.Copies of the following executed and recorded documents shall be submitted to the City: a.Final Plat b.Development Agreement c.Homeowner’s Association i.Annexation Amendment to Neighborhood Declaration of Covenants for Watermark ii.Seventh Supplemental Declaration of Covenants for Watermark Single Family iii.Eighteenth Supplemental Declaration of Covenants for Watermark Villas d.Open Space Easement Agreement, Watermark 7th Addition e.Open Space Easement Agreement Amendment correcting legal descriptions related to Watermark through 6th Addition f.Deeds for Outlots A, C, D, E, F, and G, Watermark 7th Addition to HOA BE IT FURTHER RESOLVED the following items shall be addressed prior to submittal of Watermark 8th Addition PUD Final Plan/Final Plat application: 1.A Permanent Trail Easement with exhibit covering the trails related to Watermark 6th and 7th Addition shall be recorded after the trail has been constructed. 2.Grading and seeding per the approved RCWD Permit 20-115 shall be substantially completed in Restoration Area 2 (RA2). Adopted by the City Council of the City of Lino Lakes this 8th day of April 2024. _______________________________ Rob Rafferty, Mayor ATTEST: ________________________ Jolleen Chaika, City Clerk 84 WATERMARK 7TH ADDITION ENGINEERINGSURVEYINGENVIRONMENTAL Attachment 2: Final Plat 85 WETLAND WETLAND WATERMARK ENGINEERINGSURVEYINGENVIRONMENTAL SWAN 7TH ADDITION STRE E T T R A V E R S E D R . P E P I N D R I V E LOTU S LANE LOTU S LO T U S LAN E MILL E LANE LACS RAIN Y L A N E INSET "A" SEE SHEET 3 OF 5 SHEETS INSET "B" SEE SHEET 4 OF 5 SHEETS INSET "C" SEE SHEET 5 OF 5 SHEETS TRAVERSE DRIVE PEPIN DRIVE 86 DR I V E D R I V E ENGINEERINGSURVEYINGENVIRONMENTAL "INSET A" WATERMARK 7TH ADDITION RAIN Y LO T U S L A N E LOTUS LANE LO T U S L A N E T R A V E R S E P E P I N LANE 87 ENGINEERINGSURVEYINGENVIRONMENTAL "INSET B" WATERMARK 7TH ADDITION MIL L E LA C S LA N E LOT U S L A N E LO T U S L A N E MILLE L A C S LAN E 88 WATERMARK 7TH ADDITION ENGINEERINGSURVEYINGENVIRONMENTAL SWAN S T R E E T P E P I N D R I V E D R I V E "INSET C" SWAN S T R E E T TRAVERSE DRIVE TR A V E R S E PEPIN DRIVE 89 CITY OF LINO LAKES RESOLUTION NO. 24-24 RESOLUTION APPROVING WATERMARK 7th ADDITION DEVELOPMENT AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT WHEREAS, on April 8, 2024 the City Council passed Resolution No. 24-23 approving Watermark 7th 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 U.S. Home, LLC and the City of Lino Lakes for Watermark 7th 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 8th day of April 2024. _______________________________ Rob Rafferty, Mayor ATTEST: ________________________ Jolleen Chaika, City Clerk Attachment 3: Resolution No. 24-24 90 DEVELOPMENT AGREEMENT and PLANNED UNIT DEVELOPMENT AGREEMENT Watermark 7th Addition THIS AGREEMENT is made this _____ day of ____________, 2024, 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”) and amendment to preliminary plan by Resolution No. 23-77. 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 7th 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. 24-23. The Final Plat including 106 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 7th Addition Final Plat, containing 5 sheets, prepared by Carlson McCain, received February 7, 2024. ii. Watermark 7th Addition Sanitary Sewer, Water Main, Storm Sewer and Street Construction plan set containing 30 sheets, dated January 26, 2024, prepared by Carlson McCain. Attachment 4: Development Agreement and Planned Unit Development Agreement 91 Watermark 7th Addition Development Agreement April 8, 2024 page 2 iii. Watermark Grading, Development & Erosion Control Plan, containing 25 sheets, prepared by Carlson McCain, revision date January 26, 2024. iv. Watermark 7th Addition Landscape Plans, containing 3 sheets, prepared Carlson McCain, revision date February 12, 2024. 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 dated January 2024. The cost of Developer Improvements is as shown on Exhibit B attached hereto. All Developer Improvements shall require City inspection and approval and, where appropriate, the approval of any other governmental agency having jurisdiction. The Developer shall construct and install at the Developer's expense the following improvements according to the following terms and conditions: a. Site Grading i. No grading shall commence until all requirements of the Rice Creek Watershed District (RCWD) have been satisfied. ii. All site grading shall be conducted in accordance with the grading plan as approved by the City and in accordance with NPDES and RCWD requirements. The Developer shall perform the work in accordance with a Storm Water Pollution Prevention Plan (SWPPP) pursuant to Minnesota Pollution Control Agency (MPCA) requirements. b. Grading and Erosion Control i. The Developer shall grade the site to within 0.2 foot of the grades shown on the approved grading plan. No deviations will be allowed unless a revised plan is submitted and approved in writing by the City and all other regulatory agencies. ii. The street right-of-way, storm water storage ponds, and surface water drainage ways shall be graded prior to commencement of utility 92 Watermark 7th Addition Development Agreement April 8, 2024 page 3 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. f. Sanitary sewer mains, laterals or extensions, including all necessary building services and other appurtenances, shall be furnished and installed. 93 Watermark 7th Addition Development Agreement April 8, 2024 page 4 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, 2025. The Developer may request a reasonable extension of time from the City. If the extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 8. City Improvements. 94 Watermark 7th Addition Development Agreement April 8, 2024 page 5 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 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 95 Watermark 7th Addition Development Agreement April 8, 2024 page 6 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. 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 96 Watermark 7th Addition Development Agreement April 8, 2024 page 7 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 7th Addition Total # Units = 106 x Park Dedication Fee $3,300 = Cash in Lieu Value $349,800 (Trail Construction Costs) ($150,350) (Land dedication value (Outlot G, Watermark 7th) ($39,906) TOTAL CASH FEE DUE = $159,544 97 Watermark 7th Addition Development Agreement April 8, 2024 page 8 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 $1,737.00 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) $1,626.00 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 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. 98 Watermark 7th Addition Development Agreement April 8, 2024 page 9 Water $2,496.00 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) $1,570.00 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. 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. 99 Watermark 7th Addition Development Agreement April 8, 2024 page 10 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 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: 100 Watermark 7th Addition Development Agreement April 8, 2024 page 11 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. Outlots A, C, D, E, and F, Watermark 7th Addition are preserved as permanent Open Space and shall be improved by the Developer in accordance with the approved plans and upon completion and acceptance by the city of such improvements, they shall be owned and maintained by a Homeowner’s Association in accordance with an approved Restoration and Management Plan. b. A Permanent Trail Easement with exhibit covering the trail shall be recorded after the trail has been constructed. c. An annexation amendment to neighborhood declaration of covenants and supplemental declaration of covenants citing deed restriction shall be recorded stating lots with oversize drainage and utility easements may have limited ability to construct accessory structures. 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 8th Addition. e. 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, 101 Watermark 7th Addition Development Agreement April 8, 2024 page 12 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: 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. 102 Watermark 7th Addition Development Agreement April 8, 2024 page 13 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. 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. 103 Watermark 7th Addition Development Agreement April 8, 2024 page 14 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 104 Watermark 7th Addition Development Agreement April 8, 2024 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 and Resolution No. 16-51 and amended by Resolution No. 17-95, Resolution No. 17-133, Resolution No. 19-131, and Resolution No. 23-77. 25. Master Development Agreement. Watermark is governed by the terms of this Agreement, as well as the terms of the Master Development Agreement as amended 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. 105 Watermark 7th Addition Development Agreement April 8, 2024 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 ____________, 2024, 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 ____________, 2024, by Jolleen Chaika as City Clerk of the City of Lino Lakes on behalf of said City. _______________________________ Notary Public 106 Watermark 7th Addition Development Agreement April 8, 2024 page 17 THIS PAGE INTENTIONALLY LEFT BLANK 107 Watermark 7th Addition Development Agreement April 8, 2024 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 _______________, 2024, 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 108 Watermark 7th Addition Development Agreement April 8, 2024 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 109 Watermark 7th Addition Development Agreement April 8, 2024 page 20 EXHIBIT A Final Plat 110 WATERMARK 7TH ADDITION ENGINEERINGSURVEYINGENVIRONMENTAL 111 WETLAND WETLAND WATERMARK ENGINEERINGSURVEYINGENVIRONMENTAL SWAN 7TH ADDITION STRE E T T R A V E R S E D R . P E P I N D R I V E LOTU S LANE LOTU S LO T U S LAN E MILL E LANE LACS RAIN Y L A N E INSET "A" SEE SHEET 3 OF 5 SHEETS INSET "B" SEE SHEET 4 OF 5 SHEETS INSET "C" SEE SHEET 5 OF 5 SHEETS TRAVERSE DRIVE PEPIN DRIVE 112 DR I V E D R I V E ENGINEERINGSURVEYINGENVIRONMENTAL "INSET A" WATERMARK 7TH ADDITION RAIN Y LO T U S L A N E LOTUS LANE LO T U S L A N E T R A V E R S E P E P I N LANE 113 ENGINEERINGSURVEYINGENVIRONMENTAL "INSET B" WATERMARK 7TH ADDITION MIL L E LA C S LA N E LOT U S L A N E LO T U S L A N E MILLE L A C S LAN E 114 WATERMARK 7TH ADDITION ENGINEERINGSURVEYINGENVIRONMENTAL SWAN S T R E E T P E P I N D R I V E D R I V E "INSET C" SWAN S T R E E T TRAVERSE DRIVE TR A V E R S E PEPIN DRIVE 115 Watermark 7th Addition Development Agreement April 8, 2024 page 21 EXHIBIT B Securities, Escrows & Fees 116 4/2/2024 EXHIBIT B Securities, Escrows & Fees PROJECT: WATERMARK 7TH ADDITION NUMBER OF REU's:106 APPLICANT: US HOME CORPORATION NO. OF LOT FRONTAGES N/A AREA (ACRES):89.7 Area minus ponds IMPROVEMENTS COST NOTES DEVELOPER IMPROVEMENT COSTS (Public) SITE GRADING $0 Completed with previous phase EROSION CONTROL $0 Installed with previous phase LANDSCAPING $173,650 TRAIL $150,350 STREETS $1,934,480 Include street signs STORM SEWER CONST.$867,638 SANITARY SEWER CONST.$708,595 WATERMAIN CONST.$1,091,757 ENGINEERING & SURVEYING $50,000 Total $4,976,470 Letter of Credit Amount X 150%$7,464,705 ESCROW for CITY'S COSTS PLANNING/ REVIEW $0 Short Term Deficit ADMINISTRATION $149,300 3% of Off Site construction ENGINEER PLAN REVIEW $3,000 ENGINEER CONSTRUCTION SERVICES $159,250 PROJECT FINAL DOCUMENTS & CITY ENGINEER $5,000 STREET LIGHT INSTALLATION $36,000 (0 lights) $3,000/Light STREET & STORMWATER MAINTENANCE $3,500 PROPERTY TAXES $0 If final plat between July 1 and Dec. 31 BOULEVARD TREE PLANTING $0 Lennar installing Total $356,050 DEVELOPMENT FEES PARK DEDICATION $349,800 $3,300/res unit: $2,600/CII per ac PARK DEDICATION CREDIT ($190,256) Subtotal Park Dedication Fee $159,544 AUAR $26,901 $300/acre GIS MAPPING FEE $9,540 $90/Lot STREET LIGHTING OPERATION $1,440 (0 lights) $120/Light Total $197,425 TRUNK SANITARY SEWER TRUNK CHARGE PER (ACRE OR UNIT)$184,122 AVAILABILITY CHARGE PER SAC UNIT $172,356 TRUNK SANITARY SEWER CREDIT ($204,841) TRUNK WATERMAIN TRUNK CHARGE PER (ACRE OR UNIT)$264,576 AVAILABILITY CHARGE PER SAC UNIT $166,420 TRUNK WATERMAIN CREDIT ($290,440) TOTAL TRUNK SEWER & WATER FEES $292,193 SURFACE WATER MANAGEMENT $248,909 BASES ON ASSESSMENT PAYOUT SURFACE WATER MANAGEMENT CREDIT $0 TOTAL SURFACE WATER MANAGEMENT FEES $248,909 SUMMARY OF SECURITIES, ESCROW & FEES SECURITY: DEVELOPER IMP'MENT COSTS $7,464,705 ESCROW FOR CITY COSTS $356,050 DEVELOPMENT FEES $446,334 Include surfacewater TRUNK FEES $292,193 117 CITY OF LINO LAKES RESOLUTION NO. 24-25 RESOLUTION APPROVING WATERMARK 7TH ADDITION OPEN SPACE EASEMENT AGREEMENT WHEREAS, on December 10, 2018 the City Council passed Resolution No. 18-144 approving the Watermark Master Development Agreement; and WHEREAS, Section 7.2 of the Master Development Agreement requires an Open Space Easement; and WHEREAS, this Open Space Easement covers the following outlots: •Outlots A, C, D, E, and F, Watermark 7th Addition; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes approves the Open Space Easement Agreement between U.S. Home, LLC and the City of Lino Lakes and authorizes the Mayor and City Clerk to execute such agreement on behalf of the City. Adopted by the City Council of the City of Lino Lakes this 8th day of April 2024. _______________________________ Rob Rafferty, Mayor ATTEST: ________________________ Jolleen Chaika, City Clerk Attachment 5: Resolution No. 24-25 118 OPEN SPACE EASEMENT AGREEMENT THIS OPEN SPACE EASEMENT AGREEMENT (“Agreement”) is made this day of , 2024, 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: Outlots A, C, D, E, and F, WATERMARK 7 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 to theobligations set forth in Section 7.2 thereof, and therefore, for good and valuable consideration,Grantee and Grantor hereby agree on the terms and conditions set forth herein. Terms of Agreement 1.Grant of Open Space Easement. For good and valuable consideration, receipt of which 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”): Over, across, through, and upon all of Outlots A, C, D, E, and F, Watermark 7th Addition 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 Agreement 119 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. 120 SIGNATURES GRANTOR U.S. HOME, LLC By: Jon Aune Vice President STATE OF MINNESOTA ) ) SS COUNTY OF ) On this day of , 2024, 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 3 121 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 , 2024, 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 , 2024, 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 4 122 EXHIBIT A OPEN SPACE EASEMENT OUTLOTS A, C, D, E, and F, WATERMARK 7TH ADDITION 123 WETLAND WETLAND WATERMARK ENGINEERINGSURVEYINGENVIRONMENTAL SWAN 7TH ADDITION STRE E T T R A V E R S E D R . P E P I N D R I V E LOTU S LANE LOTU S LO T U S LAN E MILL E LANE LACS RAIN Y L A N E INSET "A" SEE SHEET 3 OF 5 SHEETS INSET "B" SEE SHEET 4 OF 5 SHEETS INSET "C" SEE SHEET 5 OF 5 SHEETS TRAVERSE DRIVE PEPIN DRIVE 124 1 CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 6B STAFF ORIGINATOR: Michael Grochala, Community Development Director MEETING DATE: April 8, 2024 TOPIC: Consider Resolution No. 24-29 Approving Amendment to the CSAH 49/CR J Reconstruction Project Joint Powers Agreement with Anoka County VOTE REQUIRED: 3/5 ______________________________________________________________________________ INTRODUCTION Staff is requesting council approval to amend the Joint Powers Agreement (JPA) with Anoka County for the CSAH 49/CR J Reconstruction Project. BACKGROUND The City entered into a Joint Powers Agreement (JPA) for the CSAH 49/County Road J improvement project, with Anoka County, in September of 2022. The City’s total estimated project share was $871,235.19. That amount did not include street light and landscaping which was added to the project. Additionally, the City will have a share of the right-of-way acquisition for Sanders Automotive property. Bids where recently opened and the total estimated project cost is $3,642,432.04, which is under the original engineers estimate. The City’s estimated share has been updated as follows: Construction: $693,758.91 Construction Engineering: $ 55,500.71 ROW Acquisition: $176,666.67 Subtotal $955,926.30 With the application of Federal funds, awarded for the project, the amount due directly to Anoka County is $370,919.16. The City is directly responsible for other components of the project including: 125 2 Contamination Removal: $ 11,467 Estimate Street lighting: $250,000 Estimate RAB Landscaping: $ 50,000 Estimate Trail & Easement $ 40,000 Estimate Eng/legal/Admin $ 50,000 Estimate Subtotal: $401,467 Estimated City Total Project Cost: $772,386 The project is funded through a combination of developer contributions ($698,000) and municipal state aid street funds ($74,386). RECOMMENDATION Staff is recommending approval of Resolution No. 24-29 ATTACHMENTS 1. Resolution No. 24-29 2. JPA 126 CITY OF LINO LAKES RESOLUTION NO. 24-29 APPROVING AMENDMENT NO. 1 TO THE JOINT POWERS AGREEMENT FOR IMPROVEMENTS AT THE INTERSECTION OF ANOKA COUNTY CSAH 49 AND ANOKA COUNTY CSAH 32/RAMSEY COUNTY CSAH 1 IN THE CITIES OF LINO LAKES, MN AND SHOREVIEW, MN WHEREAS, Anoka County and the City of Lino Lakes entered into a Joint Powers Agreement to reconstruct the intersection of County State Aid Highway 49 (Hodgson Road), hereinafter referred to as CSAH 49, and Anoka County State Aid Highway 32 (Ash Street)/Ramsey County State Aid Highway 1 (County Road J), hereinafter referred to as CSAH 32/CSAH 1, and, WHEREAS, the parties agree that it is in their best interest to amend the original JPA, to update certain changes in the project and cost share arrangements; and NOW, THEREFORE BE IT RESOLVED by The City Council of Lino Lakes, Minnesota that the amended Joint Powers Agreement with Anoka County to reconstruct the intersection of County State Aid Highway 49 (Hodgson Road), and Anoka County State Aid Highway 32 (Ash Street)/Ramsey County State Aid Highway 1 (County Road J) is hereby approved and The Mayor and City Clerk are hereby authorized to execute the agreement on behalf of the City. Adopted by the Council of the City of Lino Lakes this 8th day of April, 2024. ______________________________ Rob Rafferty, Mayor ATTEST: ________________________ Jolleen Chaika, City Clerk 127 Anoka County Contract No. C0009260 1 AMENDMENT NO. 1 TO JOINT POWERS AGREEMENT FOR IMPROVEMENTS AT THE INTERSECTION OF ANOKA COUNTY CSAH 49 AND ANOKA COUNTY CSAH 32/RAMSEY COUNTY CSAH 1 IN THE CITIES OF LINO LAKES, MN AND SHOREVIEW, MN Anoka County Project Nos. SP 002-649-003 & SP 002-632-019, Ramsey County Project Nos. SP 062-649-052 & SP 062-601-016 City of Lino Lakes Project Nos. SP 210-020-012 & SP 210-020-014 THIS AGREEMENT is made by the parties on the last date executed below, by and between the County of Anoka, a political subdivision of the State of Minnesota, 2100 Third Avenue, Anoka, Minnesota 55303, hereinafter referred to as "County", and the City of Lino Lakes, 600 Town Center Parkway, Lino Lakes, MN 55014, hereinafter referred to as "City". WITNESSETH WHEREAS, on October 11, 2022, the parties entered into a Joint Powers Agreement (“hereinafter JPA”) to reconstruct the intersection of County State Aid Highway 49 (Hodgson Road), hereinafter referred to as CSAH 49, and Anoka County State Aid Highway 32 (Ash Street)/Ramsey County State Aid Highway 1 (County Road J), hereinafter referred to as CSAH 32/CSAH 1, and, WHEREAS, the County has prepared preliminary design plans for the reconstruction of the intersection of CSAH 49 and CSAH 32/CSAH 1 in accordance with Anoka County, Ramsey County and the Minnesota Department of Transportation standards to a staff approved layout condition; and, WHEREAS, the parties agree that it is in their best interests to amend the original JPA, in the locations identified here, to update certain changes in the project and cost share arrangements; and, NOW, THEREFORE, THE PARTIES STIPULATE AND AGREE THAT THE JPA IS HEREBY AMENDED AS FOLLOWS: Certain subsections of Section II. METHOD are amended as follows: RIGHT OF WAY: This subsection of the JPA addressing Right of Way is hereby amended to add the following language to the end of this provision, as follows: The parties acknowledge that, as part of this project, the County acquired in full the property and business located at 6000 Hodgson Road, Lino Lakes, formerly known as Sadder’s Automotive. The cost share related to this acquisition is addressed in Section III. below. TRAFFIC CONTROL: The parties understand and agree that certain portions of CSAH 49 and CSAH 32 will be restricted to one-way traffic during construction, but access for local traffic will be maintained during construction. The parties agree and understand the cost share for traffic control for the city shall be a prorated share based on the city project cost divided by the Anoka County portion of the total project cost. This provision remains the same other than the cost share related to Traffic Control which has been updated and amended in Section III. below. 128 Anoka County Contract No. C0009260 2 LANDSCAPING / STREETSCAPING: This provision on Landscaping/Streetscaping remains the same as stated in the original JPA, with the exception of the deadline by which construction documents must be submitted to the County prior to the advertisement of bids. The date of November 1, 2022 is hereby amended to a new deadline as determined by mutual agreement of the parties. III. COSTS This Section III. on Costs is hereby amended to reflect the recalculation of costs for the City’s share based upon updated costs and mutual negotiations. To the extent something in this section was omitted from the original JPA, or conflicts with the original JPA, the calculations and language in this amended Section III. shall control. The contract costs of the work, or if the work is not contracted, the cost of all labor, materials, normal engineering costs and equipment rental required to complete the work, shall constitute the “actual construction costs" and shall be so referred to herein. "Estimated construction costs" are good faith projections of the costs, which will be incurred for this project. Actual costs will vary and those will be the costs for which the relevant parties will be responsible The estimated construction cost of the total project is $3,642,432.04, and is shown in Exhibit “B”. Federal funds available for the Project are capped at $3,462,038.00. The federal funds shall be split based on the ratio of eligible cost incurred by each party to the total eligible project cost. Eligible costs are the costs of items that can participate in federal funding as shown on Exhibit “B”. The City’s cost participation for acquiring the property at 6000 Hodgson Road, Lino Lakes, will be one- third of the total cost of acquisition of $530,000.00. The estimated cost to the City is $176,666.67. Site contamination of 6000 Hodgson Road, Lino Lakes, may be encountered when building demolition occurs. By mutual agreement of the parties, both the City and the County may negotiate cost sharing of non-federally funded site cleanup or soil correction. The County has secured a contract with Braun Intertec for professional services related to regulated materials removal and environmental construction monitoring oversight for 6000 Hodgson Road, Lino Lakes, for an amount not to exceed $41,467.00. The County will contribute up to $30,000 and the City will be responsible for the remainder of the contract. The City’s share of the Braun contract will be billed separately and is not part of the cost share summary below since final contract costs are not yet known. The total estimated construction cost to the City is $693,758.91 (including construction of storm sewer, road, and other elements, and for mobilization and fixed costs; and prior to application of federal funds available). This cost includes additional contribution associated with the Lyngblomsten development located at the northwest quadrant of the Project. After federal funding percentage is applied, the estimated cost to the City for their share of the construction items of the Project is $138,751.78. The City’s participation in construction engineering will be at a rate of eight percent (8%) of their designated construction share of $693,758.91. The estimated cost to the City for construction engineering is $55,500.71. 129 Anoka County Contract No. C0009260 3 In summary, the total City share of this project is * $370,919.16 (see summary below). * $138,751.78 + $55,500.71 +$176,666.67 = $370,919.16. Note: construction engineering costs are not federally eligible. After award of the contract, the City shall pay to the County, upon written demand by the County, ninety five percent (95%) of its portion of the cost of the project estimated at $352,373.20. Prior to billing, this estimate will be updated by the County to reflect the actual bid prices as awarded. An updated cost estimate shall be provided to the City at the time of billing. The City's share of the cost of the project shall include only construction and construction engineering expense and does not include engineering design and administrative expenses incurred by the County. After final completion of the project, the City's share of the construction cost will be based upon actual construction costs. If necessary, adjustments to the initial ninety five percent (95%) charged will be made in the form of credit or additional charges to the City's share. The remaining five percent (5%) of the City's portion of the construction costs shall be paid at that time. The County agrees to submit to the City for review final quantities and cost within one year of project substantial completion. IX. MAINTENANCE The JPA is hereby amended to ADD a new Section F. under IX. Maintenance as follows: F. Routine maintenance of the completed storm sewer (except catch basins and catch basin leads as shown in Exhibit “B-1”), including cleaning, inspection, and removal of blockages, shall be the sole obligation of the City. Long-term maintenance, including replacement of any storm sewer infrastructure (excluding pond inlets, outlets or outlet control structures), shall be the responsibility of the County. All maintenance of detention basins (including ponds and their outlet structures and grit chambers/collectors) shall be the sole obligation of the City, with the understanding that the City of Lino Lakes may allocate a portion of these maintenance activities to the City of Shoreview via separate agreement. The JPA is hereby amended to MODIFY Section D. under IX. Maintenance as follows: D. Maintenance of the streetlights (excluding the decorative lighting installed by the City) and cost of electrical power to the streetlights (excluding the decorative lighting installed by the City) shall be the sole obligation of the Counties. The Counties shall allocate responsibilities for long-term maintenance and replacement of the complete street light system including items such as: poles, fixtures, luminaires, and control cabinets. Maintenance and cost of electrical power to the decorative lighting installed by the City shall be the sole obligation of the City. Neither Anoka nor Ramsey County are responsible for these items. All other provisions of the original JPA, not modified by the amendments herein, shall remain in full force and effect. 130 Anoka County Contract No. C0009260 4 IN WITNESS WHEREOF, the parties to this Amendment have hereunto set their hands on the dates written below: COUNTY OF ANOKA CITY OF LINO LAKES By: By: Dee Guthman Rob Rafferty County Administrator Mayor Dated: By: Jolleen Chaika City Clerk Dated: RECOMMENDED FOR APPROVAL: By: Joseph J. MacPherson, P.E. Transportation Division Manager APPROVED AS TO FORM AND EXECUTION: By: Christine V. Carney Assistant County Attorney 131 Anoka County Contract No. C0009260 5 EXHIBIT “B” Cost Distribution Spreadsheet and Map 132 SP 002-649-003 et. al. CSAH 32/CSAH 1/CSAH 49 Roundabout Low Bid Summary Low Bid Unit Cost Total MOBILIZATION LUMP SUM 1.00 $209,500.00 $209,500.00 0.17 $35,615.00 0.15 $31,425.00 0.17 $35,615.00 0.14 $29,330.00 0.01 $2,095.00 0.01 $2,095.00 0.13 $27,235.00 0.06 $12,570.00 0.16 $33,520.00 FIELD OFFICE EACH 1.00 $71,200.00 $71,200.00 0.17 $12,104.00 0.15 $10,680.00 0.17 $12,104.00 0.14 $9,968.00 0.01 $712.00 0.01 $712.00 0.13 $9,256.00 0.06 $4,272.00 0.16 $11,392.00 GRUBBING (1)ACRE 0.2 $10,300.00 $2,060.00 0.2 $2,060.00 GRUBBING (1)EACH 39 $309.00 $12,051.00 15 $4,635.00 15 $4,635.00 9 $2,781.00 PAVEMENT MARKING REMOVAL (14) LIN FT 15756 $0.88 $13,865.28 4299 $3,783.12 3799 $3,343.12 3959 $3,483.92 3699 $3,255.12 BUILDING REMOVAL LUMP SUM 1 $80,300.00 $80,300.00 1 $80,300.00 REMOVE PIPE APRON EACH 4 $267.00 $1,068.00 1 $267.00 3 $801.00 REMOVE UNDERGROUND TANK (16)EACH 1 $0.01 $0.01 0.34 $0.00 0.33 $0.00 0.33 $0.00 REMOVE LIGHTING UNIT EACH 3 $1,050.00 $3,150.00 1 $1,050.00 1 $1,050.00 1 $1,050.00 REMOVE DRAINAGE STRUCTURE EACH 9 $371.00 $3,339.00 3 $1,113.00 3 $1,113.00 3 $1,113.00 REMOVE SIGN EACH 26 $25.80 $670.80 5 $129.00 4 $103.20 9 $232.20 8 $206.40 REMOVE SIGN TYPE SPECIAL EACH 1 $25.80 $25.80 1 $25.80 REMOVE SIGNAL SYSTEM (12)EACH 1 $28,000.00 $28,000.00 0.25 $7,000.00 0.25 $7,000.00 0.25 $7,000.00 0.25 $7,000.00 REMOVE MAIL BOX SUPPORT EACH 5 $77.30 $386.50 1 $77.30 2 $154.60 2 $154.60 SALVAGE SIGN EACH 9 $25.80 $232.20 2 $51.60 1 $25.80 3 $77.40 3 $77.40 SALVAGE SIGN TYPE SPECIAL EACH 6 $25.80 $154.80 3 $77.40 3 $77.40 SALVAGE MAIL BOX SUPPORT (2)EACH 14 $77.30 $1,082.20 5 $386.50 1 $77.30 8 $618.40 SAWING CONCRETE PAVEMENT (FULL DEPTH) LIN FT 127 $5.15 $654.05 85 $437.75 42 $216.30 SAWING BIT PAVEMENT (FULL DEPTH)LIN FT 959 $1.80 $1,726.20 277 $498.60 142 $255.60 342 $615.60 198 $356.40 REMOVE SEWER PIPE (STORM)LIN FT 526 $10.50 $5,523.00 254 $2,667.00 69 $724.50 203 $2,131.50 REMOVE CURB & GUTTER LIN FT 3613 $2.95 $10,658.35 1487 $4,386.65 158 $466.10 1404 $4,141.80 564 $1,663.80 REMOVE FENCE LIN FT 62 $32.80 $2,033.60 62 $2,033.60 REMOVE CONCRETE DRIVEWAY PAVEMENT SQ YD 356 $11.90 $4,236.40 201 $2,391.90 146 $1,737.40 9 $107.10 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SQ YD 619 $10.50 $6,499.50 261 $2,740.50 203 $2,131.50 143 $1,501.50 12 $126.00 REMOVE BITUMINOUS PAVEMENT SQ YD 21921 $0.97 $21,263.37 5565 $5,398.05 7468 $7,243.96 5566 $5,399.02 3322 $3,222.34 REMOVE BITUMINOUS WALK SQ FT 14045 $0.57 $8,005.65 258 $147.06 329 $187.53 6297 $3,589.29 7161 $4,081.77 REMOVE CONCRETE WALK SQ FT 1067 $1.10 $1,173.70 136 $149.60 136 $149.60 362 $398.20 433 $476.30 SALVAGE MAIL BOX EACH 14 $20.60 $288.40 5 $103.00 3 $61.80 6 $123.60 EXCAVATION ‐ COMMON (P)CU YD 12527 $16.40 $205,442.80 2423 $39,737.20 6157 $100,974.80 2423 $39,737.20 1524 $24,993.60 EXCAVATION ‐ SUBGRADE (P)CU YD 10098 $3.35 $33,828.30 2285 $7,654.75 4118 $13,795.30 2285 $7,654.75 1410 $4,723.50 EXCAVATION ‐ CHANNEL AND POND (P)CU YD 2666 $15.30 $40,789.80 2666 $40,789.80 SELECT GRANULAR EMBANKMENT (CV)(P)CU YD 10250 $2.55 $26,137.50 2285 $5,826.75 4209 $10,732.95 2285 $5,826.75 1471 $3,751.05 COMMON EMBANKMENT (CV)(P)CU YD 3989 $21.60 $86,162.40 662 $14,299.20 1264 $27,302.40 662 $14,299.20 1401 $30,261.60 DEWATERING LUMP SUM 1 $12,500.00 $12,500.00 0.17 $2,125.00 0.15 $1,875.00 0.17 $2,125.00 0.14 $1,750.00 0.01 $125.00 0.01 $125.00 0.13 $1,625.00 0.06 $750.00 0.16 $2,000.00 CONTAMINATED DEWATERING LUMP SUM 1 $36,600.00 $36,600.00 0.34 $12,444.00 0.33 $12,078.00 0.33 $12,078.00 STOCKPILE CONTAMINATED SOIL CU YD 705 $32.00 $22,560.00 235 $7,520.00 235 $7,520.00 235 $7,520.00 HAUL & DISPOSE OF CONTAMINATED MATERIAL TON 1269 $37.90 $48,095.10 423 $16,031.70 423 $16,031.70 423 $16,031.70 AGGREGATE SURFACING (CV) CLASS 2CU YD 41 $108.00 $4,428.00 10 $1,080.00 31 $3,348.00 AGGREGATE SURFACING (CV) CLASS 2 (DRIVEWAY)CU YD 6 $145.00 $870.00 6 $870.00 DOZER HOUR 40 $206.00 $8,240.00 10 $2,060.00 10 $2,060.00 10 $2,060.00 10 $2,060.00 STREET SWEEPER (WITH PICKUP BROOM)(4)HOUR 40 $175.00 $7,000.00 10 $1,750.00 10 $1,750.00 10 $1,750.00 10 $1,750.00 1.5 CU YD BACKHOE (3)HOUR 40 $191.00 $7,640.00 10 $1,910.00 10 $1,910.00 10 $1,910.00 10 $1,910.00 WATER (5) M GALLON 150 $55.80 $8,370.00 38 $2,120.40 37 $2,064.60 38 $2,120.40 37 $2,064.60 AGGREGATE BASE (CV) CLASS 5CU YD 5273 $20.50 $108,096.50 1047 $21,463.50 1262 $25,871.00 956 $19,598.00 651 $13,345.50 29 $594.50 55 $1,127.50 943 $19,331.50 330 $6,765.00 AGGREGATE BASE (CV) CLASS 5 (DRIVEWAYS)(13) CU YD 103 $58.20 $5,994.60 24 $1,396.80 42 $2,444.40 37 $2,153.40 CONCRETE PAVEMENT 7.0"SQ YD 1362 $115.00 $156,630.00 227 $26,105.00 227 $26,105.00 227 $26,105.00 227 $26,105.00 227 $26,105.00 227 $26,105.00 CONCRETE PAVEMENT 7.0" SPECIAL 1(6)SQ YD 321 $149.00 $47,829.00 54 $8,046.00 53 $7,897.00 54 $8,046.00 53 $7,897.00 53 $7,897.00 54 $8,046.00 CONCRETE PAVEMENT 7.0" SPECIAL 2(6)SQ YD 426 $138.00 $58,788.00 71 $9,798.00 71 $9,798.00 71 $9,798.00 71 $9,798.00 71 $9,798.00 71 $9,798.00 DRILL & GROUT REINF BAR (EPOXY COATED)EACH 346 $10.40 $3,598.40 3 $31.20 3 $31.20 119 $1,237.60 49 $509.60 50 $520.00 73 $759.20 49 $509.60 BITUMINOUS MATERIAL FOR TACK COAT GALLON 2005 $3.10 $6,215.50 387 $1,199.70 392 $1,215.20 427 $1,323.70 282 $874.20 425 $1,317.50 92 $285.20 TYPE SP 9.5 WEARING COURSE MIX (2,B)(8)TON 451 $116.00 $52,316.00 119 $13,804.00 91 $10,556.00 8 $928.00 41 $4,756.00 125 $14,500.00 67 $7,772.00 TYPE SP 9.5 WEARING COURSE MIX (3,C) (DRIVEWAY) TON 57 $220.00 $12,540.00 6 $1,320.00 32 $7,040.00 19 $4,180.00 TYPE SP 12.5 NON WEAR COURSE MIX (3,B)TON 2264 $77.00 $174,328.00 438 $33,726.00 442 $34,034.00 481 $37,037.00 319 $24,563.00 480 $36,960.00 104 $8,008.00 TYPE SP 12.5 WEARING COURSE MIX (3,C)TON 4525 $84.90 $384,172.50 874 $74,202.60 884 $75,051.60 962 $81,673.80 638 $54,166.20 960 $81,504.00 207 $17,574.30 FILTER MEDIA SPECIAL CU YD 637 $69.40 $44,207.80 637 $44,207.80 15" RC PIPE APRON EACH 1 $3,240.00 $3,240.00 1 $3,240.00 18" RC PIPE APRON EACH 2 $3,660.00 $7,320.00 2 $7,320.00 21" RC PIPE APRON EACH 1 $4,290.00 $4,290.00 1 $4,290.00 24" RC PIPE APRON EACH 2 $4,710.00 $9,420.00 2 $9,420.00 6" PERF PE PIPE DRAIN LIN FT 653 $13.80 $9,011.40 653 $9,011.40 6" PVC PIPE DRAIN CLEANOUT EACH 6 $443.00 $2,658.00 6 $2,658.00 15" RC PIPE SEWER DES 3006 CL VLIN FT 1854 $60.70 $112,537.80 1854 $112,537.80 18" RC PIPE SEWER DES 3006 CL VLIN FT 1666 $65.90 $109,789.40 1666 $109,789.40 21" RC PIPE SEWER DES 3006 CL VLIN FT 43 $83.70 $3,599.10 43 $3,599.10 24" RC PIPE SEWER DES 3006 CL VLIN FT 103 $110.00 $11,330.00 103 $11,330.00 CONNECT TO EXISTING STORM SEWER EACH 3 $784.00 $2,352.00 3 $2,352.00 CONNECT INTO EXISTING DRAINAGE STRUCTURE EACH 2 $1,250.00 $2,500.00 2 $2,500.00 ADJUST VALVE BOX EACH 15 $567.00 $8,505.00 4 $2,268.00 8 $4,536.00 3 $1,701.00 CONST DRAINAGE STRUCTURE DESIGN SPEC 2 EACH 1 $6,800.00 $6,800.00 1 $6,800.00 CASTING ASSEMBLY EACH 53 $1,060.00 $56,180.00 53 $56,180.00 ADJUST FRAME & RING CASTING EACH 15 $1,130.00 $16,950.00 7 $7,910.00 7 $7,910.00 1 $1,130.00 CONST DRAINAGE STRUCTURE DESIGN GLIN FT 29 $476.00 $13,804.00 29 $13,804.00 CONST DRAINAGE STRUCTURE DESIGN HLIN FT 73 $371.00 $27,083.00 73 $27,083.00 CONST DRAINAGE STRUCTURE DES 48‐4020 LIN FT 84 $575.00 $48,300.00 84 $48,300.00 CONST DRAINAGE STRUCTURE DES 60‐4020 LIN FT 21 $894.00 $18,774.00 21 $18,774.00 GEOTEXTILE FILTER TYPE 4SQ YD 82 $4.20 $344.40 82 $344.40 RANDOM RIPRAP CLASS III CU YD 21 $125.00 $2,625.00 21 $2,625.00 4" CONCRETE WALK (9)SQ FT 7023 $5.65 $39,679.95 1485 $8,390.25 566 $3,197.90 918 $5,186.70 3100 $17,515.00 954 $5,390.10 4" CONCRETE WALK SPECIAL 1(6)SQ FT 5018 $11.30 $56,703.40 752 $8,497.60 112 $1,265.60 940 $10,622.00 1048 $11,842.40 1411 $15,944.30 755 $8,531.50 4" CONCRETE WALK SPECIAL 3(6)SQ FT 6476 $8.25 $53,427.00 1416 $11,682.00 1563 $12,894.75 1135 $9,363.75 2168 $17,886.00 194 $1,600.50 6" CONCRETE WALK (7)SQ FT 4625 $15.20 $70,300.00 83 $1,261.60 83 $1,261.60 1293 $19,653.60 932 $14,166.40 76 $1,155.20 206 $3,131.20 1236 $18,787.20 716 $10,883.20 CONCRETE CURB & GUTTER DESIGN B418 (MOD)(10) LIN FT 3587 $21.90 $78,555.30 616 $13,490.40 1079 $23,630.10 773 $16,928.70 618 $13,534.20 501 $10,971.90 CONCRETE CURB & GUTTER DESIGN B424 LIN FT 3449 $24.20 $83,465.80 33 $798.60 372 $9,002.40 66 $1,597.20 784 $18,972.80 458 $11,083.60 24 $580.80 1674 $40,510.80 38 $919.60 CONCRETE CURB  & GUTTER DESIGN B618 LIN FT 306 $36.30 $11,107.80 273 $9,909.90 33 $1,197.90 CONCRETE CURB & GUTTER DESIGN B624 LIN FT 4228 $22.20 $93,861.60 758 $16,827.60 34 $754.80 1491 $33,100.20 73 $1,620.60 45 $999.00 441 $9,790.20 91 $2,020.20 1295 $28,749.00 CONCRETE CURB & GUTTER DESIGN D424 LIN FT 67 $33.70 $2,257.90 67 $2,257.90 CONCRETE CURB & GUTTER DESIGN R418 LIN FT 261 $45.10 $11,771.10 44 $1,984.40 43 $1,939.30 44 $1,984.40 43 $1,939.30 43 $1,939.30 44 $1,984.40 SURMOUNTABLE CURB & GUTTER (10) LIN FT 133 $31.90 $4,242.70 40 $1,276.00 53 $1,690.70 40 $1,276.00 6" CONCRETE DRIVEWAY PAVEMENT SQ YD 383 $82.80 $31,712.40 146 $12,088.80 91 $7,534.80 146 $12,088.80 TRUNCATED DOMES SQ FT 604 $62.40 $37,689.60 16 $998.40 16 $998.40 202 $12,604.80 80 $4,992.00 38 $2,371.20 136 $8,486.40 116 $7,238.40 INSTALL MAIL BOX EACH 14 $41.20 $576.80 5 $206.00 3 $123.60 6 $247.20 MAIL BOX EACH 5 $51.50 $257.50 1 $51.50 4 $206.00 MAIL BOX SUPPORT EACH 10 $180.00 $1,800.00 6 $1,080.00 3 $540.00 1 $180.00 MAIL BOX SUPPORT (VERTICAL BREAKAWAY)EACH 9 $232.00 $2,088.00 9 $2,088.00 LIGHTING UNIT TYPE 9‐30 EACH 15 $3,970.00 $59,550.00 2 $7,940.00 1.5 $5,955.00 4 $15,880.00 4 $15,880.00 2 $7,940.00 1.5 $5,955.00 LIGHT FOUNDATION DESIGN E EACH 15 $1,460.00 $21,900.00 2 $2,920.00 1.5 $2,190.00 4 $5,840.00 4 $5,840.00 2 $2,920.00 1.5 $2,190.00 LIGHT FOUNDATION DESIGN E MODIFIED EACH 14 $1,340.00 $18,760.00 7 $9,380.00 7 $9,380.00 SERVICE CABINET ‐TYPE L1 EACH 1 $9,060.00 $9,060.00 0.125 $1,132.50 0.125 $1,132.50 0.25 $2,265.00 0.25 $2,265.00 0.125 $1,132.50 0.125 $1,132.50 SERVICE EQUIPMENT EACH 1 $2,230.00 $2,230.00 0.125 $278.75 0.125 $278.75 0.25 $557.50 0.25 $557.50 0.125 $278.75 0.125 $278.75 EQUIPMENT PAD B EACH 1 $2,150.00 $2,150.00 0.125 $268.75 0.125 $268.75 0.25 $537.50 0.25 $537.50 0.125 $268.75 0.125 $268.75 HANDHOLE EACH 1 $2,880.00 $2,880.00 1 $2,880.00 1.5" NON‐METALLIC CONDUIT LIN FT 1950 $8.80 $17,160.00 1950 $17,160.00 2" NON‐METALLIC CONDUIT LIN FT 2151 $9.50 $20,429.75 269 $2,555.50 269 $2,550.75 538 $5,111.00 537 $5,101.50 269 $2,555.50 269 $2,555.50 4" NON‐METALLIC CONDUIT LIN FT 115 $17.90 $2,058.50 115 $2,058.50 UNDERGROUND WIRE 1/C 8 AWG LIN FT 9800 $1.55 $15,190.00 1225 $1,898.75 1225 $1,898.75 2450 $3,797.50 2450 $3,797.50 1225 $1,898.75 1225 $1,898.75 GUIDE POST TYPE B EACH 8 $67.00 $536.00 8 $536.00 TRAFFIC CONTROL LUMP SUM 1 $50,400.00 $50,400.00 0.17 $8,568.00 0.15 $7,560.00 0.17 $8,568.00 0.14 $7,056.00 0.01 $504.00 0.01 $504.00 0.13 $6,552.00 0.06 $3,024.00 0.16 $8,064.00 INSTALL SIGN EACH 9 $464.00 $4,176.00 2 $928.00 1 $464.00 3 $1,392.00 3 $1,392.00 INSTALL SIGN TYPE SPECIAL EACH 6 $206.00 $1,236.00 3 $618.00 3 $618.00 DELINEATOR / MARKER EACH 2 $324.00 $648.00 1 $324.00 1 $324.00 DELINEATOR / MARKER PANEL EACH 10 $97.90 $979.00 1 $97.90 5 $489.50 4 $391.60 SIGN SQ FT 950 $83.70 $79,515.00 135 $11,299.50 134 $11,215.80 341 $28,541.70 340 $28,458.00 EROSION CONTROL SUPERVISOR LUMP SUM 1 $4,890.00 $4,890.00 0.17 $831.30 0.15 $733.50 0.17 $831.30 0.14 $684.60 0.01 $48.90 0.01 $48.90 0.13 $635.70 0.06 $293.40 0.16 $782.40 STORM DRAIN INLET PROTECTION EACH 48 $200.00 $9,600.00 12 $2,400.00 16 $3,200.00 10 $2,000.00 10 $2,000.00 CULVERT END CONTROLS EACH 3 $469.00 $1,407.00 1 $469.00 2 $938.00 SILT FENCE; TYPE MS LIN FT 3846 $2.05 $7,884.30 648 $1,328.40 1865 $3,823.25 1333 $2,732.65 SEDIMENT CONTROL LOG TYPE COMPOST LIN FT 290 $2.60 $754.00 41 $106.60 167 $434.20 41 $106.60 41 $106.60 SOIL BED PREPARATION ACRE 6.3 $368.00 $2,318.40 1.6 $588.80 3.0 $1,104.00 0.9 $331.20 0.8 $294.40 FERTILIZER TYPE 3 POUND 2110 $0.73 $1,540.30 543 $396.39 1012 $738.76 262 $191.26 293 $213.89 FERTILIZER TYPE 4 POUND 147 $2.65 $389.55 114 $302.10 33 $87.45 ROLLED EROSION PREVENTION CATEGORY 20 SQ YD 33058 $1.35 $44,628.30 9925 $13,398.75 15135 $20,432.25 3758 $5,073.30 4240 $5,724.00 SEEDING ACRE 6.3 $368.00 $2,318.40 1.6 $588.80 3.0 $1,104.00 0.9 $331.20 0.8 $294.40 SEED MIXTURE 22‐111 POUND 95 $3.10 $294.50 25 $77.50 44 $136.40 13 $40.30 13 $40.30 SEED MIXTURE 25‐121 POUND 26 $8.35 $217.10 1 $8.35 23 $192.05 1 $8.35 1 $8.35 SEED MIXTURE 25‐131 POUND 395 $5.20 $2,054.00 109 $566.80 220 $1,144.00 47 $244.40 19 $98.80 SEED MIXTURE 25‐151 POUND 102 $7.65 $780.30 33 $252.45 11 $84.15 19 $145.35 39 $298.35 SEED MIXTURE SPECIAL POUND 19 $48.20 $915.80 16 $771.20 3 $144.60 4" REMOVABLE PREFORM PAVEMENT MARKING TAPE (11) LIN FT 3094 $1.30 $4,022.20 774 $1,006.20 773 $1,004.90 774 $1,006.20 773 $1,004.90 UNIT TOTAL PROJECT  QUANTITIES  ESTIMATED ITEM DESCRIPTION SP 002‐649‐003 Hodgson ESTIMATED  QUANTITIES ANOKA COUNTY SP 002‐632‐019 CR J ESTIMATED  QUANTITIES COST COST ESTIMATED  QUANTITIES COST ESTIMATED  QUANTITIES LINO LAKES SP 210‐020‐012 Hodgson SP 210‐020‐014 CR J FEDERAL PARTICIPATING SHOREVIEW SP 167‐020‐029 Hodgson SP 167‐020‐030 CR J STORM SEWER PROTECT (15)LOW BID TOTALS COSTESTIMATED  QUANTITIES COST ESTIMATED  QUANTITIES COSTESTIMATED  QUANTITIESCOST RAMSEY COUNTY SP 062‐601‐016 CR J SP 062‐649‐052 Hodgson ESTIMATED  QUANTITIES COST ESTIMATED  QUANTITIES COST P:\002-649-003 CSAH 49 at CR J\Documents\Agreements\Lino Lakes JPA\Amendment\Exhibit B - Low Bid Summary and Funding Splits.xlsx 03/25/2024 133 SP 002-649-003 et. al. CSAH 32/CSAH 1/CSAH 49 Roundabout Low Bid Summary Low Bid Unit Cost Total UNIT TOTAL PROJECT  QUANTITIES  ESTIMATED ITEM DESCRIPTION SP 002‐649‐003 Hodgson ESTIMATED  QUANTITIES ANOKA COUNTY SP 002‐632‐019 CR J ESTIMATED  QUANTITIES COST COST ESTIMATED  QUANTITIES COST ESTIMATED  QUANTITIES LINO LAKES SP 210‐020‐012 Hodgson SP 210‐020‐014 CR J FEDERAL PARTICIPATING SHOREVIEW SP 167‐020‐029 Hodgson SP 167‐020‐030 CR J STORM SEWER PROTECT (15)LOW BID TOTALS COSTESTIMATED  QUANTITIES COST ESTIMATED  QUANTITIES COSTESTIMATED  QUANTITIESCOST RAMSEY COUNTY SP 062‐601‐016 CR J SP 062‐649‐052 Hodgson ESTIMATED  QUANTITIES COST ESTIMATED  QUANTITIES COST 4" SOLID LINE PAINT (11) LIN FT 9390 $0.42 $3,943.80 2348 $986.16 2347 $985.74 2348 $986.16 2347 $985.74 4" SOLID LINE MULTI COMP (11) LIN FT 12147 $0.84 $10,203.48 3993 $3,354.12 3434 $2,884.56 3186 $2,676.24 1534 $1,288.56 4" BROKEN LINE MULTI COMP (11) LIN FT 320 $0.84 $268.80 110 $92.40 100 $84.00 110 $92.40 4" DBLE SOLID LINE MULTI COMP (11) LIN FT 3926 $1.65 $6,477.90 826 $1,362.90 1627 $2,684.55 826 $1,362.90 647 $1,067.55 24" SOLID LINE PREF THERMO (11) LIN FT 552 $19.90 $10,984.80 95 $1,890.50 196 $3,900.40 95 $1,890.50 166 $3,303.40 4" SOLID LINE PREF TAPE GR IN (WR) CONT (11) LIN FT 1695 $13.60 $23,052.00 400 $5,440.00 399 $5,426.40 449 $6,106.40 447 $6,079.20 8" DOTTED LINE PREF TAPE GR IN (WR) CONT (11) LIN FT 30 $47.10 $1,413.00 8 $376.80 7 $329.70 8 $376.80 7 $329.70 PAVT MSSG PREF TAPE GR IN (WR) CONT SQ FT 361 $52.30 $18,880.30 109 $5,700.70 78 $4,079.40 102 $5,334.60 72 $3,765.60 CROSSWALK PREF THERMO GR IN SQ FT 696 $15.00 $10,440.00 360 $5,400.00 120 $1,800.00 216 $3,240.00 CROSSWALK PREF TAPE GR IN (WR) CONT SQ FT 576 $25.10 $14,457.60 132 $3,313.20 132 $3,313.20 156 $3,915.60 156 $3,915.60 BASE BID TOTAL: $       3,642,432.04  $           589,606.70  $           586,094.57  $           626,460.84  $           514,243.22  $             36,131.20  $             32,549.00  $           453,607.05  $           210,489.35  $           593,250.10  1.00 $3,293,942.04 0.17 530,363.40$                  0.15 533,821.07$                  0.17 567,217.54$                  0.14 465,454.62$                  0.01 32,646.30$                    0.01 29,064.10$                    0.13 408,303.35$                  0.06 189,579.95$                  0.16 537,491.70$                   $546,306.15 $546,286.57 $579,106.04 $473,329.62 $419,223.60 $193,171.70 $558,411.70$65,501.95 Funding Group: Group 1Group 2Group 3Group 4Group 5Group 6Group 7Group 8Group 9 Totals: $3,642,432.04 $589,606.70 $586,094.57 $626,460.84 $514,243.22 $36,131.20 $32,549.00 $453,607.05 $210,489.35 $593,250.10 Total Federal Eligible Items: $3,049,181.94 $589,606.70 $586,094.57 $626,460.84 $514,243.22 $36,131.20 $32,549.00 $453,607.05 $210,489.35 $593,250.10 Federal Funds Available: $2,663,106.00 $471,685.36 $468,875.66 $501,168.67 $411,394.58 $28,904.96 $26,039.20 $362,885.64 $168,391.48 $474,600.08 $576,000.00 % Fed STP Funding 80.00% $471,685.36 $468,875.66 $501,168.67 $411,394.58 $28,904.96 $26,039.20 $362,885.64 $168,391.48 $474,600.08 % Fed PROTECT Funding 80.00% PROJECT TOTALS ANOKA COUNTY TOTALS ANOKA COUNTY  FEDERAL FUNDS ANOKA COUNTY  STATE AID FUNDS RAMSEY COUNTY  TOTALS RAMSEY COUNTY  FEDERAL FUNDS RAMSEY COUNTY  STATE AID FUNDS CITY OF  SHOREVIEW  TOTALS CITY OF  SHOREVIEW  FEDERAL FUNDS CITY OF  SHOREVIEW STATE  AID FUNDS CITY OF LINO LAKES  TOTALS CITY OF LINO LAKES  FEDERAL FUNDS CITY OF LINO LAKES  STATE AID FUNDS ROADWAY $3,049,181.94 $1,175,701.27 $940,561.02 $235,140.25 $1,140,704.06 $912,563.25 $228,140.81 $68,680.20 $54,944.16 $13,736.04 $664,096.40 $531,277.12 $132,819.28 STORM SEWER (PROTECT)$593,250.10 $266,962.55 $213,570.04 $53,392.51 $266,962.55 $213,570.04 $53,392.51 $29,662.51 $23,730.00 $5,932.50 $29,662.51 $23,730.00 $5,932.50 CONSTRUCTION TOTAL $3,642,432.04 $1,442,663.82 $1,154,131.05 $288,532.76 $1,407,666.61 $1,126,133.29 $281,533.32 $98,342.71 $78,674.16 $19,668.54 $693,758.91 $555,007.13 $138,751.78 DESIGN ENGINEERING $150,600.93 $140,766.66 $140,766.66 $9,834.27 $9,834.27 CONSTRUCTION ENGINEERING $321,514.75 $115,413.11 $115,413.11 $140,766.66 $140,766.66 $9,834.27 $9,834.27 $55,500.71 $55,500.71 RIGHT OF WAY $530,000.00 $176,666.66 $176,666.66 $176,666.67 $176,666.67 $176,666.67 $176,666.67 SP SUBTOTAL $4,644,547.72 AGENCY TOTAL $4,644,547.72 $1,734,743.58 $1,154,131.05 $580,612.53 $1,865,866.60 $1,126,133.29 $739,733.31 $118,011.25 $78,674.16 $39,337.08 $925,926.29 $555,007.13 $370,919.16 PROTECT $748,800.00 STP $3,462,038.00 PRORATING P:\002-649-003 CSAH 49 at CR J\Documents\Agreements\Lino Lakes JPA\Amendment\Exhibit B - Low Bid Summary and Funding Splits.xlsx 03/25/2024 134 M UMH MM M M M M 1100 1102 1104 1106 1108 1110 100 102 104 106 108 110 FM FM FM FM FM FM FM FM FM FM FM FM FM MHMH P HE AS AN T DR COUNTY RD J (ASH ST) GROTT O S T N #5990 #726 #5993 #720 #714 #706 { COUNTY RD J EB { COUNTY RD J WB EB STA 105+39.71 BEGIN CONSTRUCTION EB STA 106+63.15 BEGIN MAINLINE CONSTRUCTION PARCEL R1 PARCEL R2 PARCEL R3 PARCEL R4 PARCEL R5 PARCEL R6 #205 #215 #225#185 EB STA 103+00.00 SP 062-601-016 BEGIN SP 002-632-019 M M M MM M MM M MM MM M M MB M M GP M M M M M MB M M MB PRINT NAME: DATE LICENSE # REVISIONSNO.DATE BY CHK 9/22/2023 Plan By: Design By: Checked By: Approved By: EAE 44235 THE LAWS OF THE STATE OF MINNESOTA. MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY OR UNDER EARTH A. EVANS, PE 159 SHEET OF SHEETS PLOTT E D/ RE VIS ED: Proj ec ts\Minn es ota \01 9 0 5 4 -0 0 0 \Cad\Plan\19 0 5 4 -00 0 _ d p 0 1 .dg n WSB P AT H & F ILE NA ME : 9/ 2 2 / 2 0 2 3 2:0 0 :2 3 P M ANOKA & RAMSEY COUNTY, MN Intersection Improvements CSAH 1 / Anoka County CSAH 32 CSAH 49 at Ramsey County GFT GFT LGR DRAINAGE PLAN SP 002-632-019, SP 002-649-003, SP 062-601-016, SP 062-649-052 2 1 0 2 1 2 1112 1114 1116 1118 11221 0 11 12112114116 118 122 0 1 2 1 0 FM FM FM FM FM FM FM FM FM FM FM FM MH HWL=901.7 OUTLET=900.5 BTM=899.5 FILTRATION BASIN 1 MH MH WOO D R I D G E L N #700 #692 #684 #676 #668 #5990 #5995 #5990 #6000 BL AN CH A R D BL VD PARCEL R10 PARCEL R11 PARCEL R12 PARCEL R13 PARCEL R14 PARCEL R24 { COUNTY RD J WB { COUNTY RD J EB PARCEL R7 PARCEL R8 PARCEL R9 PARCEL A1 S T AL BAN S S T N { HODGSON RD SB { HODGSON RD NB PARCEL A9 #245 #255 5001 5000 5000A 2 5000B 1 GUIDE POST TYPE B RANDOM RIPRAP CATCH BASIN MANHOLE DROP INLET APRON STRUCTURE SURFACE FLOW DIRECTION CONNECT TO EXISTING DRAINAGE STRUCTURE CONNECT TO EXISTING STORM SEWER STORM SEWER PIPE INPLACE STORM SEWER INPLACE CULVERT CONSTRUCTION LIMITS AREA OF ENVIRONMENTAL SENSITIVITY 2 DI MH X XXXX LEGEND BTM { RADIAL HWL=901.2 OUTLET=900.5 BTM=899.5 FILTRATION BASIN 1 124 SCALE IN FEET 0 50 100 EB STA 103+00.00 TO EB STA 123+00 5002 4005 5015 5016 5003 5004 5028 5029 5030 5025 5024 50235031 50065005 5060 5061 X X 5007 5008 5023A 5034 5033 5066A 5066 5065 5064 5063 5018 5018A 5017 1 5019 5009 5010 S E E S HE E T 1 2 5 MAT CH L I N E S T A. 1 2 3 + 0 0 S EE B EL OW MAT CH L I N E S T A. 1 1 1 + 0 0 S E E A BO V E MAT CH L I NE S T A. 1 1 1 + 0 0 INCIDENTAL PROTECT FORCEMAIN, INCIDENTAL PROTECT FORCEMAIN, INCIDENTAL PROTECT FORCEMAIN, 135 MB M MBMBMB M MB MBMBMB MB MMB U U GPGP U R 1124 1126 1128 1130 1132 124 126 128 130 132 FM FM FM FM FM FM FM FM FM FM FM FM HWL=901.7 OUTLET=900.5 BTM=899.5 FILTRATION BASIN 1 { COUNTY RD J EB { COUNTY RD J WB #345 KENT S T #564 MAC KU BI N S T #355 COUNTY RD J (ASH ST) PARCEL R25 PARCEL A13 PARCEL A14 WAR E RD PARCEL R23 EB STA 127+66.06 SP 062-601-016 END SP 002-632-019 EB STA 126+69.49 END CONSTRUCTION M MB MBMB M MMB PRINT NAME: DATE LICENSE # REVISIONSNO.DATE BY CHK 9/22/2023 Plan By: Design By: Checked By: Approved By: EAE 44235 THE LAWS OF THE STATE OF MINNESOTA. MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY OR UNDER EARTH A. EVANS, PE 159 SHEET OF SHEETS PLOTT E D/ RE VIS ED: Proj ec ts\Minn es ota \01 9 0 5 4 -0 0 0 \Cad\Plan\19 0 5 4 -00 0 _ d p 0 2 .d g n WSB P AT H & F ILE NA ME : 9/ 2 2 / 2 0 2 3 2:0 0 :2 9 PM ANOKA & RAMSEY COUNTY, MN Intersection Improvements CSAH 1 / Anoka County CSAH 32 CSAH 49 at Ramsey County GFT GFT LGR DRAINAGE PLAN SP 002-632-019, SP 002-649-003, SP 062-601-016, SP 062-649-052 200 202 204 206 208 1205 DI MH { HODGSON RD NB { HODGSON RD SB #625 #611 PARCEL R17 PARCEL R15 PARCEL R22 PARCEL R18 #5929 #5960 PARCEL R19 #5970 PARCEL R20 PARCEL R21 EMI L AV E E MI L AV E { HO D G S ON R D S B #5990 PARCEL R24 PARCEL R23 CSAH 49 (HODGSON RD) PARCEL R16 5022 5021 5020 X 5082 1 GUIDE POST TYPE B RANDOM RIPRAP CATCH BASIN MANHOLE DROP INLET APRON STRUCTURE SURFACE FLOW DIRECTION CONNECT TO EXISTING DRAINAGE STRUCTURE CONNECT TO EXISTING STORM SEWER STORM SEWER PIPE INPLACE STORM SEWER INPLACE CULVERT CONSTRUCTION LIMITS AREA OF ENVIRONMENTAL SENSITIVITY 2 NB STA 203+76.46 BEGIN SP 002-649-003 SP 062-649-052 DI MH X XXXX LEGEND SCALE IN FEET 0 50 100 125 SCALE IN FEET 0 50 100 NB STA 203+76.46 TO NB STA 209+00 EB STA 123+00 TO EB STA 127+66.06 5045 5044 5043 5041 5042 5026 5027 X X 5046 5047 X X5048 5051 5050 2 X 1 2 4 S E E S HEE T MATC H LI NE S TA. 1 2 3 +0 0 S EE S HE E T 1 2 6 MAT CH L I N E S T A. 2 0 9 + 0 0 136 MB MB PARKING NO PARKING NO PARKING NO PARKING NO 212 214 216 218 220 222 2 4 6 8 10 1215 1220 M M M M M H WL = 9 0 1 . 7 OU T L E T = 9 0 0 . 5 B T M= 8 9 9 . 5 F I LT RATI ON B AS I N 1 #6034 #6064 #6074 BLAN CHA RD BLVD #6020 { HODGSON RD NB { HODGSON RD SB PARCEL A2 MBMBMBMBMB GP MB MM RING CASTING ADJUST FRAME & RING CASTING ADJUST FRAME & PRINT NAME: DATE LICENSE # REVISIONSNO.DATE BY CHK 9/22/2023 Plan By: Design By: Checked By: Approved By: EAE 44235 THE LAWS OF THE STATE OF MINNESOTA. MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY OR UNDER EARTH A. EVANS, PE 159 SHEET OF SHEETS PLOTT E D/ RE VIS ED: Proj ec ts\Minn es ota \01 9 0 5 4 -0 0 0 \Cad\Plan\19 0 5 4 -00 0 _ d p 0 3 .dg n WSB P AT H & F ILE NA ME : 9/ 2 2 / 2 0 2 3 2:0 0 :3 3 PM ANOKA & RAMSEY COUNTY, MN Intersection Improvements CSAH 1 / Anoka County CSAH 32 CSAH 49 at Ramsey County GFT GFT LGR DRAINAGE PLAN SP 002-632-019, SP 002-649-003, SP 062-601-016, SP 062-649-052 224 226 228 12 1225 #6110 #298 { HODGSON RD NB { HODGSON RD SB RO H A V I C L N NB STA 227+50.00 SP 062-649-052 END SP 002-649-003 5072 5071 5070 5081 5080 5066A 5066 5065 5064 5063 4002 4001 2 1 5073 1 GUIDE POST TYPE B RANDOM RIPRAP CATCH BASIN MANHOLE DROP INLET APRON STRUCTURE SURFACE FLOW DIRECTION CONNECT TO EXISTING DRAINAGE STRUCTURE CONNECT TO EXISTING STORM SEWER STORM SEWER PIPE INPLACE STORM SEWER INPLACE CULVERT CONSTRUCTION LIMITS AREA OF ENVIRONMENTAL SENSITIVITY 2 CSAH 49 DI MH X XXXX LEGEND SCALE IN FEET 0 50 100 NB STA 212+00 TO NB STA 227+50.00 126 5083 1 2 5 S E E S HE E T MAT CH L I N E S T A. 2 1 2 + 0 0 S E E B E L OW MA T C H L I NE S T A . 2 2 3 + 0 0 S E E AB OV E MATC H LI NE S TA. 2 2 3 +0 0 137 Anoka County Contract No. C0009260 6 EXHIBIT “C” FOR PROJECTS CONSTRUCTED IN ANOKA COUNTY ITEMS COUNTY SHARE CITY SHARE Concrete Curb & Gutter 50% 50% Concrete Curb & Gutter for Median and Center Island Construction 100% 0% Concrete Median 100% 0*1 Concrete Sidewalk 0% 100% Concrete Sidewalk Replacement 100% 0% Bikeways 0% 100% Bikeway Replacement 100%, 0% Unless existing trail not placed at edge of R/W Construction or Adjustment of Local Utilities 0% 100% Grading, Base and Bituminous 100% 0% Storm Sewer based on state aid letter*2 based on state aid letter*2 Driveway Upgrades 100%, in-kind 100%, of up-grades Traffic Signals, new (communities larger than 5,000) ½ the cost of its the cost of its legs of w/ State Aid approved SJR legs of the intersection the intersection plus ½ the cost of the County legs of the intersection Traffic Signals, replacement (communities larger than 5,000) the cost of its legs of the cost of its legs of w/ State Aid approved SJR the intersection the intersection Traffic Signals, new & replacements (communities less than 5,000) 100% 0% w/ State Aid approved SJR Traffic Signal, w/o State Aid approved SJR 0% 100% EVP 0% 100% Engineering Services *3 *3 Right-of-Way 100%*4 0% Street Lights 0% 100% Noise Walls 100%, if not previously notified*5 100%, if previously notified*5 *1 The County pays for 100% of Standard Median Design such as plain concrete. If a local unit of government requests decorative median such as brick, stamped concrete, or landscaping, the local unit will pay the additional cost above the cost of standard median. *2 In the event no State Aid is being used, or in the event the state aid letter does not determine cost split percentages, drainage cost shares will be computed by the proportion of contributing flow outside the County right of way to the total contributing flow. *3 Engineering shall be paid by the Lead Agency except that any participating agency will pay construction engineering in the amount of 8% of the construction costs paid by that agency. *4 In the event that the Township or City requests purchase of right-of-way in excess of those rights-of-way required by County construction, the Township or City participates to the extent an agreement can be reached in these properties. For instance, a Township or City may request a sidewalk be constructed alongside a County roadway which would require additional right-of-way, in which case the Township or City may pay for that portion of the right-of-way. Acquisition of right-of-way for new alignments shall be the responsibility of the Township or City in which the alignment is located. This provision may be waived by agreement with the County Board if the roadway replaces an existing alignment and the local unit of government takes jurisdiction of that existing alignment. In addition, any costs, including right-of-way costs, incurred by the County because a Township or City did not acquire sufficient right-of-way during the platting process or redevelopment process as requested by the County shall be paid by the Township or City. *5 Notification includes any letter to the agency indicating that noise will potentially be an issue in the future, likely received during the Plat Review Process. Maintenance shall be the responsibility of the agency paying for the initial installation. When the County is the responsible agency, it shall pay 100% of Standard Noise Wall Cost. If a local agency requests decorative noise walls, the requesting agency will pay the additional cost above the cost of standard noise wall. 138 1 CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 6C STAFF ORIGINATOR: Michael Grochala, Community Development Director MEETING DATE: April 8, 2024 TOPIC: Consider Resolution No. 24-30, Approving Acquisition of Public Right-of-Way, 77th Street/MarketPlace Drive Realignment Project, 698 77th Street VOTE REQUIRED: 3/5 ______________________________________________________________________________ INTRODUCTION Staff is requesting council approval to purchase Public Right-of-Way for the Markeplace Drive Realignment Project. BACKGROUND The City is proposing to realignment 77th Street to connect with the existing signalized Marketplace Drive/Lake Drive intersection. The proposed improvements require the acquisition of 1,864 square feet from the property located at 698 77th Street. This property is currently occupied by a single family residential use and is zoned NB, Neighborhood Business. Through direct negotiations with the property owner a settlement agreement has been reached in the amount of $33,000.00. Approval of the agreement will eliminate the need to move forward with eminent domain proceedings. RECOMMENDATION Staff is recommending approval of Resolution No. 24 – 30. ATTACHMENTS 1. Resolution No. 24-30 2. Right-of-Way Exhibit 139 CITY OF LINO LAKES RESOLUTION NO. 24-30 APPROVING ACQUISITION OF PERMANENT STREET RIGHT OF WAY, 77TH STREET/MARKETPLACE REALIGNMENT WHEREAS, the City Council has authorized the preparation of plans and specifications to construct the 77th Street/Marketplace Drive Realignment Project, and WHEREAS, the proposed improvements require the acquisition of right-of-way for the making of said improvements: NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes, Minnesota that the purchase of permanent Street right-of-way from the property located at 698 77th Street is hereby approved in the amount of $33,000.00. Adopted by the City Council of the City of Lino Lakes this 8th day of April, 2024. ___________________________ Rob Rafferty, Mayor ATTEST: ___________________________ Jolleen Chaika, City Clerk 140 Minimum Damage Acquisition Report October 14, 2021 Page 4 Parcel Sketch 141