HomeMy WebLinkAbout07-25-2016 Council Packet* EXPANDED AGENDA
CITY COUNCIL AGENDA
Monday, July 25, 2016
***********
6:30 p.m.
(Scheduled to be broadcast on Channel 16)
City Council: Mayor Reinert, Council Members Kusterman, Maher, Manthey and Rafferty
City Administrator: Jeff Karlson
COUNCIL WORK SESSION, 6:00 P.M.
Community Room (not televised)
1. Review Regular Agenda
CITY COUNCIL MEETING, 6:30 P.M.
Roll Call - Council Members Rafferty, Kusterman, Manthey, Maher, and Mayor
Reinert were present
Pledge of Allegiance
Open Mike / Public Comment - none
Setting the Agenda: Addition or deletion of agenda items
The agenda was approved as amended to postpone a portion of Item 1D
(funeral leave amendment)
SPECIAL PRESENTATION
2016 Lino Lakes Ambassadors and Ambassador Candidates
1. CONSENT AGENDA
A) Consideration of Expenditures:
i) July 25, 2016 (Check No. 104097 through 104213) in the
amount of $669,040.53
B) Consider Approval of July 5, 2016 Work Session Minutes
C) Consider Approval of July 11, 2016 Council Meeting Minutes
D) Consider Approval of Revisions to Section 6.7 & 6.13 of the Personnel Policy
E) Consider Adoption of Resolution 16-73, Approving a Premises Permit for
American Legion Post 566
F) Consider Approval of July 11, 2016 Special Work Session Minutes
G) Consider Approval of July 11, 2016 Closed Session Minutes
Action Taken: Motion by Maher, seconded by Rafferty, to approve the
Consent Agenda, Items 1A through 1G, as amended (Item 1D, portion
regarding funeral leave was postponed), was adopted
2. FINANCE DEPARTMENT REPORT
No report
Council Agenda -2- July 25, 2016
3. ADMINISTRATION DEPARTMENT REPORT
A) Consider Approval of Resolution 16-78 Amending the Compensation Plan
for Paid-On-Call Fire Personnel, Karissa Henning
Action Taken: Motion by Rafferty, seconded by Maher, to approve
Resolution No. 16-78 as presented, was adopted
4. PUBLIC SAFETY DEPARTMENT REPORT
No report
5. PUBLIC SERVICES DEPARTMENT REPORT
No report
6. COMMUNITY DEVELOPMENT REPORT
A) Clearwater Creek Business Park, Michael Grochala
i) Public Hearing, Consider Resolution No. 16-75, Approving
Modified Development District Plan and Approving Tax
Increment Financing Plan, Michael Grochala
Action Taken: Motion by Kusterman, seconded by Manthey, to
approve Resolution No. 16-75 as presented, was adopted
ii) Consider First Reading of Ordinance No. 07-16, Rezoning Certain Real
Property from LI, Light Industrial to PUD, Planned Unit Development
Action Taken: Motion by Rafferty, seconded by Manthey, to approve the
1st Reading of Ordinance No. 07-16 as presented, was adopted
iii) Consider Resolution No. 16-76, Approving Development Stage Plan
and Preliminary Plat, Clearwater Creek Business Park
Action Taken: Motion by Rafferty, seconded by Maher, to approve
Resolution No. 16-76 as presented, was adopted
B) Woods Edge, Kendra Lindahl, Landform
i) Consider Second Reading of Ordinance No. 06-16, Amending
Ordinance No. 04-04, Section 2.A., Lino Lakes Town Center
Design & Development Guide
Action Taken: Motion by Kusterman, seconded by Manthey, to approve
the 2nd Reading & adoption of Ordinance No. 06-16 as presented, was
adopted: Yeas, 3; Nays, 2 (Rafferty, Reinert)
ii) Consider Resolution No. 16-74 Approving Summary Publication
of Ordinance No. 06-16
Action Taken: Motion by Kusterman, seconded by Manthey, to approve
Resolution No. 16-74 as presented, was adopted
C) NorthPointe 4th Addition, Katie Larsen
i) Consider Second Reading of Ordinance No. 05-16, Vacating Drainage
and Utility Easements, Outlot B, NorthPointe 3rd Addition
Council Agenda -3- July 25, 2016
Action Taken: Motion by Kusterman, seconded by Manthey, to approve
the 2nd Reading & adoption of Ordinance No. 06-16 as presented, was
adopted: Yeas, 5; Nays none.
7. UNFINISHED BUSINESS
None
8. NEW BUSINESS
None
Adjournment
Motion by Rafferty, seconded by Maher, to adjourn the regular meeting at 8:30 p.m.
Following the regular meeting, the Council will reconvene as the
Economic Development Authority (EDA) (see separate packet)
Following the EDA meeting, the Council will reconvene for a closed meeting to discuss
a Memorandum of Understanding between the City of Lino Lakes and LELS.
Community Calendar – A Look Ahead
July 26, 2016 through August 8, 2016
Wednesday, July 27 6:30 pm, Council Chambers Environmental Board
Monday, Aug. 1 6:00 pm, Community Room Council Work Session
Monday, Aug. 1 6:30 pm, Council Chambers Park Board
Monday, Aug. 8 6:00 pm, Community Room Council Work Session
Monday, Aug. 8 6:30 pm, Council Chambers City Council Meeting
Updated July 22, 2016
CITY COUNCIL AGENDA
Monday, July 25, 2016
***********
6:30 p.m.
(Scheduled to be broadcast on Channel 16)
City Council: Mayor Reinert, Council Members Kusterman, Maher, Manthey and Rafferty
City Administrator: Jeff Karlson
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
Open Mike / Public Comment
Setting the Agenda: Addition or deletion of agenda items
SPECIAL PRESENTATION
2016 Lino Lakes Ambassadors and Ambassador Candidates
1. CONSENT AGENDA
A) Consideration of Expenditures:
i) July 25, 2016 (Check No. 104097 through 104213) in the
amount of $669,040.53
B) Consider Approval of July 5, 2016 Work Session Minutes
C) Consider Approval of July 11, 2016 Council Meeting Minutes
D) Consider Approval of Revisions to Section 6.7 & 6.13 of the Personnel Policy
E) Consider Adoption of Resolution 16-73, Approving a Premises Permit for
American Legion Post 566
F) Consider Approval of July 11, 2016 Special Work Session Minutes
G) Consider Approval of July 11, 2016 Closed Session Minutes
2. FINANCE DEPARTMENT REPORT
No report
3. ADMINISTRATION DEPARTMENT REPORT
A) Consider Approval of Resolution 16-78 Amending the Compensation Plan
for Paid-On-Call Fire Personnel, Karissa Henning
Council Agenda -2- July 25, 2016
4. PUBLIC SAFETY DEPARTMENT REPORT
No report
5. PUBLIC SERVICES DEPARTMENT REPORT
No report
6. COMMUNITY DEVELOPMENT REPORT
A) Clearwater Creek Business Park, Michael Grochala
i) Public Hearing, Consider Resolution No. 16-75, Approving
Modified Development District Plan and Approving Tax
Increment Financing Plan, Michael Grochala to follow
ii) Consider First Reading of Ordinance No. 07-16, Rezoning Certain Real
Property from LI, Light Industrial to PUD, Planned Unit Development
iii) Consider Resolution No. 16-76, Approving Development Stage Plan
and Preliminary Plat, Clearwater Creek Business Park
B) Woods Edge, Kendra Lindahl, Landform
i) Consider Second Reading of Ordinance No. 06-16, Amending
Ordinance No. 04-04, Section 2.A., Lino Lakes Town Center
Design & Development Guide
*Council may vote to dispense with full reading of ordinance
* Roll call vote is required for adoption of the ordinance
ii) Consider Resolution No. 16-74 Approving Summary Publication
of Ordinance No. 06-16
C) NorthPointe 4th Addition, Katie Larsen
i) Consider Second Reading of Ordinance No. 05-16, Vacating Drainage
and Utility Easements, Outlot B, NorthPointe 3rd Addition
*Council may vote to dispense with full reading of ordinance
* Roll call vote is required for adoption of the ordinance
7. UNFINISHED BUSINESS
None
8. NEW BUSINESS
None
Adjournment
Following the regular meeting, the Council will reconvene as the
Economic Development Authority (EDA) (see separate packet)
Following the EDA meeting, the Council will reconvene for a closed meeting to discuss
a Memorandum of Understanding between the City of Lino Lakes and LELS.
Community Calendar – A Look Ahead
July 26, 2016 through August 8, 2016
Council Agenda -3- July 25, 2016
Wednesday, July 27 6:30 pm, Council Chambers Environmental Board
Monday, Aug. 1 6:00 pm, Community Room Council Work Session
Monday, Aug. 1 6:30 pm, Council Chambers Park Board
Monday, Aug. 8 6:00 pm, Community Room Council Work Session
Monday, Aug. 8 6:30 pm, Council Chambers City Council Meeting
CITY COUNCIL WORK SESSION July 5, 2016
DRAFT
1
CITY OF LINO LAKES 1
MINUTES 2
3
DATE : July 5, 2016 4
TIME STARTED : 6:00 p.m. 5
TIME ENDED : 9:35 p.m. 6
MEMBERS PRESENT : Councilmember Rafferty, Kusterman, 7
Maher, Manthey and Mayor Reinert 8
MEMBERS ABSENT : None 9
10
11
Staff members present: City Administrator Jeff Karlson; Community Development 12
Director Michael Grochala; City Planner Katie Larsen; Public Services Director Rick 13
DeGardner; Public Safety Director John Swenson; City Clerk Julie Bartell 14
15
1. Woods Edge Townhome Development - Kendra Lindahl of Landform, reviewed 16
a PowerPoint presentation (on file). She reviewed the amendments that will be requested 17
by ordinance to allow changes from original standards approved for the area. In regard 18
to siding, there have been significant improvements in vinyl siding (since 2004) and some 19
drawbacks identified in the Hardieboard type siding that is called for in the current 20
standards. Mr. Grochala noted that the color palette has improved for vinyl and they are 21
normally now more seamless. 22
23
Ron Mullenbach and Mike Suel from D.R. Horton (the developer) addressed the council. 24
They discussed current trends and building laws over the past few years. In order to 25
market the proposed properties, they want to show some sustainability and surety as far as 26
future maintenance. 27
28
Mayor Reinert recalled that the original standards were put in place based on the desire 29
for a quality product. He expects that council members will be looking at the decision 30
and moving forward based on information they receive today. 31
32
Council Member Rafferty suggested that the color palette presented is somewhat dumbed 33
down. The D.R. Horton representatives suggested that the pictures presented are 34
challenged by computer printing – the colors aren’t completely accurate. Council 35
Rafferty discussed the look of the homes as depicted in the drawings. Director Grochala 36
noted that there is an attempt to differentiate the units (within each four unit structure). 37
38
Mayor Reinert asked about dimensions – the units will be 1643 square feet. Mr. 39
Grochala explained, using a map, that there will be different street widths, based on 40
location, access needs, etc. Mayor Reinert asked about built in extra parking and Mr. 41
Grochala noted that the on-street parking is mainly planned as the extra parking. The 42
developer representative explained that guests are anticipated at the front of the unit and 43
that is where the extra parking is located. The garage doesn’t face the street but the 44
driveway provides two additional spaces (added to the two in the garage). 45
CITY COUNCIL WORK SESSION July 5, 2016
DRAFT
2
46
When asked about price, it was suggested mid to upper 200,000’s. They will be a 47
standard three bedroom layout and a choice with two bedrooms instead but including two 48
master suites. 49
50
The PowerPoint also reviewed an outlot decision and park dedication funds generated. 51
Mr. Grochala noted plans to develop a unique playground near the YMCA property (more 52
in tune with the surrounding environment). The developers noted that they’ve built a 53
similar one in a Cottage Grove development. 54
55
Council Member Rafferty suggested this could be a great family development and, in 56
light of that, the park will be an important element and to have it in early. Mr. Grochala 57
suggested design of a park facility will begin as soon as possible (upon council approval). 58
59
Council Member Rafferty noted the rear deck included for the units and suggested that 60
the proposed cedar construction would not be lower maintenance; they may want to 61
reconsider that. 62
63
Community Development Director discussed the utility plans and what was originally 64
planned. 65
66
Mayor Reinert expressed some concern about the row look of the homes. 67
68
The council will receive more detailed plans as the planning process move forward. 69
70
Council Member Manthey asked if there is a minimum of the number of exterior looks 71
(siding) that staff is looking at. Community Development Director Grochala explained 72
the goals and also the review of the Planning and Zoning board. 73
74
The mayor discussed the building market with the developer; they are seeing more 75
interest in townhomes probably just due to economics. The developer representatives 76
noted the quality of the company and the hands-on approach of the original owner (now 77
chairman of the board). 78
79
Council Member Manthey asked about looking at a similar development and one within 80
the city of Ramsey was recommended (not to be concerned about the brighter colors 81
there). 82
83
Mayor Reinert said he likes the project overall but has concerns about narrow streets and 84
the row house look of the homes. 85
86
2. Clearwater Creek Business Park TIF – Community Development Director 87
Michael Grochala and financial consultant (Springsted, Inc.) Mikaela Huot reported. 88
89
CITY COUNCIL WORK SESSION July 5, 2016
DRAFT
3
Ms. Huot reviewed a PowerPoint presentation explaining the specifics of tax increment 90
financing – how it is created, why it is created, the process to establish, etc. The use of 91
tax increment is limited to eligible costs, including some public improvements. 92
Regarding the methods for financing costs for a tax increment project, the use of G.O. 93
bond debt is the riskiest for the city. There are different types of tax increment districts, 94
with the city looking at an economic development type in this case. She reviewed the 95
findings necessary by the city to approve a district under statute. She reviewed some of 96
the decisions that the city would have to make to proceed, including but not limited to, is 97
the project feasible, what term/amount of assistance should be considered? She 98
reviewed the specifics of the United Properties TIF proposal, including eligible costs, and 99
also a schedule for council consideration. 100
101
Brandon Champeau and Brad Davidson of United Properties were introduced. 102
103
Director Grochala explained how twenty percent of the increment could be available to 104
the city and how that could be used, including approximately five percent in 105
administrative charges. On the project he noted that United Properties is a favorable 106
business to have in the city and there are benefits such as public improvements that the 107
development would bring to the city. On employment, there would be some growth in 108
the area as well as the addition of many seasonal positions. The growth of sixty jobs 109
includes two different job and wage goals – one attached to creation of the district and 110
one attached to the city’s job and wage goals (set forth in the city’s findings). 111
112
The mayor asked about the impact on the neighborhood to the south and the developer 113
representative said the operations would be very similar to what Distribution are doing at 114
the current location in Lino Lakes. It is not a twenty-four hour operation and typically it 115
doesn’t involve Saturdays. Mayor Reinert said it looks as if every truck using the facility 116
may be heard by the neighborhood; he confirmed that there are basically two shifts, 117
morning and afternoon to evening. The reps noted that the landscape plan includes noise 118
blocking and sight lines relative to the trucks. It was pointed out that there is a ten acre 119
property that provides some buffering. 120
121
The council discussed the “but-for” nature of this proposal. Ms. Huot reviewed some 122
challenges facing the use of tax increment – the green acres label that carries certain wage 123
requirements, the infrastructure needs of the site, within the district there are wetland and 124
soil costs, straddling two cities. Those are the things that are reviewed. 125
126
The mayor asked if the development would occur without the TIF and a developer 127
representative said that comes back to tenants and he feels that they wouldn’t be there 128
without it. The mayor asked about the approximately $240,000 that could be available to 129
the city and Ms. Huot explained again that there are restrictions on use (noting that the 130
legislature may soon be adding more restrictions). She noted also that there is a 131
deadline/timeline restriction for use of those funds. Community Development Director 132
Grochala noted use of that type of funding from another development district at a nearby 133
interchange improvement project. Potentially something like improvements to Cedar 134
CITY COUNCIL WORK SESSION July 5, 2016
DRAFT
4
Street could be involved. Council Member Kusterman asked if there has ever been a 135
return of funds and it was confirmed that there has been; he recommends caution in 136
utilizing the funds because having them go back into the tax coffers isn’t necessarily a 137
bad thing. 138
139
Staff confirmed that there is nothing on the agenda for July 11 but three actions that 140
would come forward on July 25 – establishment of TIF Plan, a development district and a 141
meeting of the Economic Development Authority and an action on terms. There is also a 142
rezoning and preliminary development plan. 143
144
The mayor suggested that the council should consider if they like the project, if they want 145
to do TIF, if so, the term. He does feel that Distribution Alternatives has been a good 146
business in town. 147
148
The developer representatives discussed a tentative schedule for the project, finishing up 149
in spring. Road improvements would be included in that schedule. 150
151
Council Member Manthey asked if noise mitigation could be included as far as use of 152
twenty percent funds. Ms. Huot suggested that could be possibile as long as it isn’t 153
aesthetic and is within the district. Mayor Reinert suggested a requirement be included 154
in the development agreement. 155
156
Council Member Maher asked if there is a way to include security for employees. The 157
developer representatives suggested that Development Alternatives has a good 158
background and are good to their employees; that being said, the market dictates to a 159
certain level. 160
161
Council Member Rafferty said he can see the benefit of keeping a good company and will 162
hear more. 163
164
3. Discuss Condensing Units Repair/Replacement Options – Public Services 165
Director DeGardner noted that this question was brought to the council last week – repair 166
or replace two a/c units for the civic complex. Information on costs, equipment and 167
timing is included in the staff report. He noted that the Finance Officer reported last 168
week that there is funding available within the city budget He is recommending 169
replacement. 170
171
Mayor Reinert suggested that the city get three bids for repair and three bids for 172
replacement. That information could aid the council in a decision. 173
174
Director DeGardner noted a requirement on refrigerant (in the Montreal Protocol Act) 175
that will make the current units unusable by 2020. 176
177
Mayor Reinert asked if the city should get a second opinion, other than the information 178
received from NAC who is interested in selling the city a new unit. Mr. DeGardner 179
CITY COUNCIL WORK SESSION July 5, 2016
DRAFT
5
suggested that NAC is reputable and he does trust their judgement. Additionally Utility 180
Supervisor Tim Hillesheim has indicated that the units are functioning at 50 percent and 181
that is a problem. 182
183
Council Member Manthey recalled that NAC didn’t necessarily recommend replacement 184
– they gave information on the 19 year-old units and the outlook on their use. 185
186
Council Member Manthey noted that this decision is about two of the four civic complex 187
units. He wonders about the other two. Mr. DeGardner said they may need replacement 188
soon but, at this time, staff is just looking at the two units based partly on funding 189
available. 190
191
Council Member Rafferty noted that staff and the NAC representative suggested that the 192
units are at the end of their 20-year life but city hall didn’t open until 1999 and that’s not 193
twenty years. Is there a 20-year warranty? Mr. DeGardner said there is no warranty and 194
that 20 years is the average life of the units. 195
196
The council concurred that Mr. DeGardner will bring the matter forward for council 197
consideration. 198
199
4. Discussion about Agrihoods - Council Member Maher noted that she provided 200
the two articles included in the packet. She noted a statement about American’s interest 201
in feeling closer to the land and what they eat. She recalled speaking with an 202
Environmental Board representative and them saying that this was a discussion item for 203
the group ten years ago. She understands the complexity of it but, if it can be achieved, it 204
would really put Lino Lakes on the map. The city has a glorious farming and rural history 205
that she doesn’t want to be lost. 206
207
Mayor Reinert remarked that he likes the unique quality of the concept and he can see 208
how it would fit in the city. It would have to be an ambitious developer. Community 209
Development Director Grochala noted that the developments are clearly planned around 210
an agricultural area – current ordinances would allow for it so it ultimately comes down 211
to economics. You’d want to look at an area that supports agriculture well. 212
213
Council Member Maher suggested that she understands the challenges but feels the 214
concept would fit well in this community. She will be happy to contact developers and 215
speak about interest. 216
217
Council Member Maher added that she’s spoken to many residents who are interested in 218
keeping chickens (not currently allowed). 219
220
5. Proposal to Reinstate Office Specialist Position to Full-Time Hours - 221
Administrator Karlson explained that Ms. Fogarty was recently cut to half-time but it has 222
been difficult since then for support staff to keep up. Additionally, there is now a 223
maternity leave coming up. He proposes that this position be reinstated to full time, 224
CITY COUNCIL WORK SESSION July 5, 2016
DRAFT
6
effective August 1, for at least twelve weeks. Mr. Karlson explained the budget 225
implications. He will also probably be recommending that the position be brought back 226
to full time in next year’s budget. 227
228
The mayor suggested the twelve-week situation is obviously needed and the longer term 229
addition should be discussed in the context of the whole 2017 budget. 230
231
6. Council Updates on Boards/Commissions – There were no updates. 232
233
7. Monthly Progress Report - Administrator Karlson reviewed the written report. 234
He noted in particular the completion of a report outlining the history of labor 235
negotiations in the city. 236
237
Mayor Reinert noted the Yellow Ribbon Community effort. It’s been determined that it 238
will cost a certain amount of money to set up the group as a non-profit. He is requesting 239
the council to authorize $500 to keep that moving. Administrator Karlson remarked that 240
it would require an official action authorizing the funding. The council concurred with 241
that funding and it will be added to the next council agenda. 242
243
8. Review Regular Agenda of July 11, 2016. 244
245
Consent Agenda – Administrator Karlson noted the inclusion of North Metro 246
Telecommunications budget. 247
248
Item 1E - Regarding the amendment to the sign plan, City Planner Larsen explained the 249
request that has come forward from a business owner on Apollo Drive. Council Member 250
Rafferty asked if there wasn’t a similar request from a liquor store in the area. Mr. 251
Grochala explained that the request noted never included an official sign plan 252
amendment. Ms. Larsen explained that the signs proposed are allowed under the sign 253
ordinance. 254
255
Item 6B, City Planner Larsen reviewed the development plan, including development of a 256
park. This phase includes 31 lots. She reviewed the four actions requested of the 257
council. 258
259
The meeting was adjourned at 9:35 p.m. 260
261
These minutes were considered, corrected and approved at the regular Council meeting held on 262
July 25, 2016. 263
264
265
266
267
Julianne Bartell, City Clerk Jeff Reinert, Mayor 268
269
COUNCIL MINUTES July 11, 2016
DRAFT
1
CITY OF LINO LAKES 1
MINUTES 2
3
DATE : July 11, 2016 4
TIME STARTED : 6:30 p.m. 5
TIME ENDED : 7:35 p.m. 6
MEMBERS PRESENT : Council Member Rafferty, Kusterman, Maher, 7
Manthey, and Mayor Reinert 8
MEMBERS ABSENT : none 9
10
Staff members present: City Administrator Jeff Karlson; Community Development Director Michael 11
Grochala; City Planner Katie Larsen; Director of Public Services Rick DeGardner; Director of Public 12
Safety John Swenson; and City Clerk Julie Bartell 13
14
PUBLIC COMMENT 15
16
Dale Stoesz, 309 Linda Court, asked that Consent Item 1H regarding the North Metro 17
Telecommunications Commission budget be moved to discussion (Item 3E). 18
19
SETTING THE AGENDA 20
21
The agenda was amended to move Item 1H to Item 3E. 22
23
SPECIAL PRESENTATION 24
25
CenterPoint Energy presented a grant in the amount of $2,500 to the Public Safety Department. 26
27
CONSENT AGENDA 28
29
Council Member Rafferty moved to approve the Consent Agenda, as amended. Council Member 30
Kusterman seconded the motion. Motion carried on a voice vote; Council Member Maher abstained 31
from voting on Items 1B, 1C and 1G. 32
33
ITEM ACTION 34
35
Consideration of Expenditures: 36
37
July 11, 2016 (Check No. 103990 – 38
104096, $404,332.04) Approved 39
40
June 27, 2016 Council Work Session 41
Minutes Approved 42
43
June 27, 2016 City Council Meeting 44
Minutes Approved 45
COUNCIL MINUTES July 11, 2016
DRAFT
2
46
Resolution No. 16-71, Approving a Special Event 47
Permit for the Tavern on Main Tent Event on 48
August 19 & 20, 2016 Approved 49
50
Resolution No. 16-68, Comprehensive Sign Plan 51
Amendment for Apollo Center (550 Lilac Street) Approved 52
53
Resolution No. 14-69, Appointing Election Judges 54
for the 2016 Primary and/or General Election Approved 55
56
June 27, 2016 Closed Council Session Minutes Approved 57
58
FINANCE DEPARTMENT REPORT 59
60
There was no report from the Finance Department. 61
62
ADMINISTRATION DEPARTMENT REPORT 63
64
3A) Consider Hiring Nan Jia for the Recycling Intern Position - Administrator Karlson 65
reported that interviews were conducted to fill the vacant position of Recycling Intern. The candidate 66
coming forward from that process is Nan Jia and staff is recommending that she be hired as a 67
temporary intern for a period of six months. He noted that the position is funded through the Anoka 68
County SCORE Program. 69
70
Council Member Rafferty moved to approve the hiring as recommended. Council Member Maher 71
seconded the motion. Motion carried on a voice vote. 72
3B) Consider Labor Agreement with Local No. 49 - Administrator Karlson explained that staff 73
has reached a tentative agreement with this labor group representing certain city employees. He 74
briefly reviewed the terms of the proposed agreement. This would be the last contract to be settled 75
for the current period and it will be for a two-year period. 76
Mayor Reinert remarked that it is notable to have all the labor union agreements in place this soon 77
and for a two year period. A certain approach was used and he believes that is the result. 78
Council Member Kusterman moved to approve the contract as presented. Council Member Manthey 79
seconded the motion. Motion carried on a voice vote. 80
3C) Consider Financial Support for Yellow Ribbon Network - Administrator Karlson noted 81
that the council discussed a $500 contribution to this group at their last work session. The group is 82
working to create a Yellow Ribbon Network within this city. 83
Mayor Reinert explained that this effort has been underway for some time and with the efforts of the 84
group that’s come together to make this a reality, he’s hopeful a proclamation will occur in October. 85
Council Member Maher moved to approve the financial support for the Yellow Ribbon Network 86
group as presented. Council Member Manthey seconded the motion. Motion carried on a voice vote. 87
COUNCIL MINUTES July 11, 2016
DRAFT
3
3D) Consider Approval of Full-Time Hours for Office Specialist – Administrator Karlson 88
explained that he is recommending this change to cover for the absence of a support staff person that 89
will be on parental leave. The absense will leave support staff short and he is recommending this 90
change for a period of twelve weeks. The mayor noted that there will be a budget discussion about a 91
long term change to continue the full time status of the position. 92
Council Member Rafferty moved to approve the full-time hours for the City Office Specialist Position 93
for twelve weeks as recommended. Council Member Maher seconded the motion. Motion carried on 94
voice vote. 95
Item 3E) Consider Approval of the North Metro Telecommunication Commission’s 96
(NMTN) 2017 Budget - Administrator Karlson remarked that the item could be tabled if the council 97
wishes, to allow NMTN director to be present to answer questions. 98
Dale Stoesz, 306 Linda Lane, addressed the council. He recommends that the council approve the 99
Commission’s budget tonight. But he wanted the council to be educated on the funding structure for 100
that organization. He pays a PEG and franchise fee on his monthly bill. He recommends that the 101
council review those figures in order to fully understand how the funds come from subscribers. Long 102
term he is concerned whether or not the model can sustain itself; perhaps the city should discuss more 103
independence. Mayor Reinert asked what the city gets from the organization? Mr. Stoesz explained 104
that they provide support to the city’s video systems, they help the police in creation of productions, 105
they broadcast city events such as parades, etc. He is aware that the Centennial School District did 106
chose to discontinue their contract and rely fully on the internet, probably because cable only reaches 107
about half of the city’s residents. 108
The council discussed the history of how fees are charged and impacted by other levels of 109
government. 110
Mayor Reinert suggested that it’s a conversation that is important to have occasionally. He 111
recommends that the subject matter of the structure of NMTN be discussed at a future work session. 112
113
Council Member Kusterman moved to approve the 2017 NMTN Budget as presented. Council 114
Member Maher seconded the motion. Motion carried on a voice vote. The council will receive an 115
update on the Commission services and funding at the August work session. 116
117
PUBLIC SAFETY DEPARTMENT REPORT 118
119
There was no report from the Public Safety Department. 120
121
PUBLIC SERVICES DEPARTMENT REPORT 122
5A) Consider Resolution No. 16-72, Authorizing the Replacement of Two Air Conditioning 123
Systems at the Civic Complex – Public Services Director DeGardner reviewed his written staff 124
report recommending replacement of two air conditioning systems at the civil complex He explained 125
the process proposed for the purchase and how it would be funded. 126
COUNCIL MINUTES July 11, 2016
DRAFT
4
The mayor asked if new equipment would provide an upgrade to the service to the building and Mr. 127
DeGardner suggested that it will be a more efficient and modern system. The mayor noted that the 128
council received a presentation and had a full discussion of the matter at a recent work session. 129
Council Member Kusterman moved to approve Resolution No. 16-72 as presented. Council Member 130
Manthey seconded the motion. Motion carried on a voice vote. 131
132
COMMUNITY DEVELOPMENT DEPARTMENT REPORT 133
134
6A) Woods Edge: i) Consider First Reading of Ordinance No. 06-16, Amending Ordinance No. 135
04-04, Section 2.A., Lino Lakes Town Center Design & Development Guide 136
ii) Consider Resolution No. 16-67 Approving PUD Development Stage Plan and 137
Preliminary Plat, Woods Edge 138
139
Kendra Lindahl, Landform, explained that she is presenting a development stage plan and preliminary 140
plat as well as design and development amendment for the council’s consideration. She noted that the 141
council reviewed the subject matter at their work session. She used a PowerPoint presentation to review 142
the background of the area, the existing conditions, the site plan (including street plans, stormwater), and 143
landscaping. She showed renderings indicating preliminary plans for the view of the buildings, how the 144
buildings will be mixed, conditions inclued and the elevation view. She highlighted the ordinance 145
contents and what amendments are being approved. Staff recommends that the changes still generally 146
comply with the standards originally set for the area while recognizing that the market is calling for some 147
changes. 148
149
Mayor Reinert remarked that the development was reviewed thoroughly at the last work session. He 150
noted that this will be a first reading of the ordinance tonight and he recommends that the council spend 151
some time reviewing the development proposal before second reading on July 25. He noted that the 152
question of vinyl siding in particular was reviewed by the council; it seems that over the last dozen years, 153
since this area’s standards came to be, vinyl siding has very much improved in quality and desirability. 154
He added that over the period of years since the standards were approved, staff is suggested that this 155
proposal includes the best standards for today. 156
157
Council Member Maher asked about porch size. She received confirmation that all porches will be at 158
least 6 feet by 8 feet. 159
160
Council Member Rafferty moved to approve the First Reading of Ordinance No. 06-16 as presented. 161
Council Member Maher seconded the motion. Motion carired on a voice vote. 162
163
Council member Rafferty moved to approve Resolution No. 16-67 as presented. Council Member 164
Manthey seconded the motion. Motion carried on a voice vote. 165
166
B) NorthPointe 4th Addition: 167
168
i) PUBLIC HEARING: Consider 1st Reading of Ordinance No. 05-16, Vacating Drainage & Utility 169
Easements, Outlot B, NorthPointe 3rd Addition; 170
COUNCIL MINUTES July 11, 2016
DRAFT
5
ii) Consider Resolution No. 16-64 Approving PUD Final Plan/Final Plat; 171
iii) Consider Resolution No. 16-65 Approving Development Agreement; 172
iv) Consider Resolution No. 16-70 Approving Public Improvement Surety Agreement 173
174
City Planner Larsen reviewed a PowerPoint presentation, including: 175
- The size of the 4th Addition of the NorthPointe Development; 176
- A map of the proposed development, including the park that will be developed hopefully next year; 177
- The project’s consistency with city plans; 178
- The phasing plan of the whole development and how this phase fits in; 179
- Streets being dedicated on the plat (32 feet width); 180
- Vacation of a draining and utility easement to be clear in title activities; 181
- Public Land Dedication and Fees; 182
- The Planning and Zoning Board review and recommendation for approval with conditions. 183
184
A public hearing is recommended this evening along with several approvals as noted on the agenda. 185
186
Mayor Reinert noted the location of the development. Originally it was zoned to be medium density and 187
considering that people in Lino Lakes like low density, sometimes the city has to be creative as we did with 188
this one. The corner of the development will include a senior housing development that brings the required 189
density and allows lower density single family homes on the rest of the site. 190
191
Mayor Reinert opened the public hearing. There was no one present wishing to speak. The public hearing 192
was closed. 193
194
Council Member Rafferty asked for clarification on the location of the park and Ms. Larsen pointed it out 195
on the east side of the development. 196
197
Council Member Maher moved to approve the First Reading of Ordinance No. 05-16 as presented. 198
Council Member Rafferty seconded the motion. Motion carried on a voice vote. 199
200
Council Member Maher moved to approve Resolution No. 16-64 as presented. Council Member 201
Manthey seconded the motion. Motion carried on a voice vote. 202
203
Council Member Maher moved to approve Resolution No. 16-64 as presented. Council Member 204
Manthey seconded the motion. Motion carried on a voice vote. 205
206
UNFINISHED BUSINESS 207
208
There was no Unfinished Business. 209
210
NEW BUSINESS 211
212
There was no New Business. 213
214
COUNCIL MINUTES July 11, 2016
DRAFT
6
COMMUNITY EVENTS 215
216
FREE MOVIE IN THE PARK “Minions” will be playing at Lino Park (7850 Lake Drive) at dusk on 217
Thursday, July 14 218
219
MONTHLY RECYCLE DAY will be held at Lino Park (7850 Lake Drive) on Saturday, July 16 from 220
10:00 a.m. to 2:00 p.m. On site document and disk destruction will be available. 221
222
PUPPET SHOW IN THE PARK. Puppet performance, crafts for the kids and free popcorn and 223
refreshments on Wednesday, July 20, 7:00 p.m., Clearwater Creek Park, 2270 Tart Lake Rd 224
225
FAMILY CORN ROAST & COMMUNITY NIGHT will be held Thursday, July 28th, from 5:30 – 226
8:00 p.m. at Sunrise Park. Entertainment, food and family fun, including a bounce house, 227
facepainting, a whiffle ball contest and other games. Free music by Handsome Midnight. 228
229
COMMUNITY CALENDAR 230
231
Community Calendar – A Look Ahead 232
July 11, 2016 through July 25, 2016 233
Wednesday, July 13 6:30 pm, Council Chambers Planning & Zoning 234
Monday, July 25 5:30 pm, Community Room Council Work Session 235
Monday, July 25 6:30 pm, Council Chambers City Council Meeting 236
Monday, July 25 following City Council mtg. EDA Meeting 237
238
ADJOURN 239
240
There being no further business, Council Member Rafferty moved to adjourn at 7:35 p.m. Council 241
Member Maher seconded the motion. Motion carried unanimously. 242
243
These minutes were considered and approved at the regular Council Meeting, July 25, 2016. 244
245
246
247
248
Julianne Bartell, City Clerk Jeff Reinert, Mayor 249
250
CITY COUNCIL
AGENDA ITEM 1D
STAFF ORIGINATOR: Karissa Henning, Human Resources Manager
MEETING DATE: July 25, 2016
TOPIC: Revisions to Section 6.7 & 6.13 of the Personnel Policy
VOTE REQUIRED: 3/5
INTRODUCTION
The Council is being asked to approve revisions to Section 6.7 and 6.13 of the City of Lino
Lakes Personnel Policy.
BACKGROUND
Revision to Section 6.7 Funeral Leave:
• The Personnel Policy currently allows five days of paid funeral leave for the death of a
spouse, child, or stepchild. It is recommended to allow an employee who has the loss of
a parent or stepparent five days of paid funeral leave as well. Many times with the death
of a parent or stepparent additional time is be needed to fulfil familial or legal duties,
such as being the executor of a will. Currently, three days are provided for the death of
a parent or stepparent.
Revision to Section 6.13 Parental Leave:
• To be in compliance with State law, the number of weeks for unpaid parental leave
needs to increase from six weeks to twelve weeks in the Personnel Policy.
RECOMMENDATION
Staff recommends approval of the aforementioned revisions to Section 6.7 and 6.13 of the
Personnel Policy.
CITY COUNCIL
AGENDA ITEM 1E
STAFF ORIGINATOR: Lisa Hogstad-Osterhues, Deputy City Clerk
MEETING DATE: July 25, 2016
TOPIC: Consider Approval of Resolution No. 16-73, Approving
Premise Permit Application from American Legion Post
566 to conduct Charitable Gambling at Elwoods
VOTE REQUIRED: 3/5
INTRODUCTION
An application for a premises permit has been submitted from the American Legion Post 566 by
CEO Paul Lesch and the Gambling Manager Tom Merino. The application request permission
for American Legion Post 566 to conduct charitable gambling at Elwoods, 7997 Lake Dr., Suite
130, Lino Lakes. Charitable gambling is already in place at that location, benefiting the
Centennial High School Football Boosters Club.
BACKGROUND
The application is complete. The Lino Lakes Police Department has conducted a background
investigation relative to this application and found no information on the applicants that would
give a specific reason to deny the application.
Minnesota Lawful Gambling law requires that the local unit of government approve applications
for premises permit before they are submitted to the Gambling Control Board for final
consideration. Therefore, the City Council is being asked to consider approval of a resolution
approving the application submitted by the American Legion Post 566.
RECOMMENDATION
Approve Resolution No. 16-73, approving a premise permit application from the American
Legion Post 566 to conduct charitable gambling at Elwoods, 7997 Lake Dr., Suite 130, Lino
Lakes.
CITY OF LINO LAKES
RESOLUTION NO. 16-73
LOCAL APPROVAL OF A LAWFUL GAMBLING
PREMISES PERMIT FOR ELWOODS
WHEREAS, the Lino Lakes City Council has received a request from the American Legion for
a lawful gambling premises permit to conduct gambling (pull tabs, tip board, paddlewheel,
electronic pull-tabs and occasional bingo) at Elwoods, 7997 Lake Drive, Suite 130.
WHEREAS, the Minnesota Gambling Control Board requires the City of Lino Lakes to submit
a resolution to the City Council approving the premises permit application; and
WHEREAS, the City of Lino Lakes has conducted the required background investigation; and
WHEREAS, the American Legion Post 566 is in compliance with Chapter 611 of the Lino
Lakes City Code relating to Lawful Gambling;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes
hereby approves the request of the American Legion Post 566 for a Premise Permit for
Charitable Gambling at Elwoods, 7997 Lake Drive, Suite 130.
Adopted by the Council of the City of Lino Lakes this 25th day of July, 2016.
The motion for the adoption of the foregoing resolution was introduced by Council Member
_____________and was duly seconded by Council Member __________ and upon vote being
taken thereon, the following voted in favor thereof:
The following voted against same:
________________________
Jeff Reinert, Mayor
________________________
Julianne Bartell, City Clerk
CITY COUNCIL WORK SESSION July 11, 2016
DRAFT
1
CITY OF LINO LAKES 1
MINUTES 2
3
DATE : July 11, 2016 4
TIME STARTED : 7:45 p.m. 5
TIME ENDED : 9:10 p.m. 6
MEMBERS PRESENT : Councilmember Rafferty, Kusterman, 7
Maher, Manthey and Mayor Reinert 8
MEMBERS ABSENT : None 9
10
11
Staff members present: City Administrator Jeff Karlson; Finance Director Sarah Cotton; 12
Community Development Director Michael Grochala; Public Services Director Rick 13
DeGardner; Public Safety Director John Swenson; City Clerk Julie Bartell 14
15
1. 2017 Draft Budget- Finance Director Cotton reviewed the written staff report 16
outlining the first draft of the 2017 Budget and Tax Levy, as developed by department 17
directors and reviewed by the City Administrator. It is based on resources needed to 18
continue city services at their current levels and also incorporates the priorities and 19
initiatives already identified by the City Council. 20
21
Mayor Reinert remarked that there appears to be a request to raise taxes. He polled the 22
council on their desire to do so. Council Member Maher remarked that it would have to 23
be a very good reason to raise taxes. 24
25
Mayor Reinert also noted that last year there were some obvious additional expenses 26
required and he suspects that would not be as clear this year. His goal is not to raise taxes 27
and accept the higher valuation without changing the tax rate. 28
29
The mayor said that there should be a time to go through money not spent and see if there 30
are funds available that way first. The council discussed the timing – a preliminary 31
budget is due in September that can go down but not up. 32
33
The council called for discussion about equipment replacement. Council Member 34
Rafferty suggested that the council would benefit from a quarterly report on departmental 35
needs in that area. Administrator Karlson confirmed that the council would like to 36
handle that as a regular work session item. The mayor asked what percentage of the 37
budget is related to the Public Safety Department and staff suggested approximately 44 38
percent. He concurs with the concept of having a quarterly discussion about what is and 39
what will be. Director Swenson recommended that the meeting be televised to reach as 40
many people as possible. The mayor recommended that be presented as a summary for 41
the public. 42
43
Council Member Manthey said he wasn’t able to go through the entire packet so he’d 44
appreciate a review. 45
CITY COUNCIL WORK SESSION July 11, 2016
DRAFT
2
46
Director Cotton suggested that individual council member go through the department 47
level budgets and then contact her with any questions. After that there is a capital 48
replacement schedule for review. She noted that the replacement of five rather than four 49
police cars is possible because one unit would be an unmarked vehicle at a lower cost. 50
51
Council Member Rafferty asked about the number of vehicles overall for the Public 52
Safety Department. He discussed the number of vehicles active on a given day – 53
Director Swenson reviewed that schedule and promised a fleet report providing more 54
detail. Council Member Rafferty asked about where vehicles are kept; Director Swenson 55
promised an inventory sheet with more detail; staff will put together a detailed fleet 56
inventory report for the next full work session. 57
58
Director Cotton noted the final pages of the report that includes a memo from the Fire 59
Division including equipment recommendations. She worked with the Public Safety 60
Director Swenson on a possible equipment replacement schedule. Council Member 61
Rafferty suggested that some equipment replacement was previously scheduled further 62
out. Director Swenson indicated that fire personnel will also report on their 63
recommendation at that upcoming work session discussion. 64
65
Mayor Reinert suggested that the pension contribution seems high compared to history 66
and what was anticipated. 67
68
Director Swenson remarked on the need for an aerial truck that will better serve the 69
higher buildings in the city. 70
71
Council Member Rafferty wondered why the cost of the boat is proposed to increase so 72
much from the $20,000 spent on the current one. Director Swenson replied that he 73
would have to speak with Deputy Director D’Allier on that matter. 74
75
Dale Stoesz, 306 Linda Lane, remarked that security cameras are being requested and he 76
wonders if those would be appropriate at the Public Works facility also. Director 77
DeGardner suggested that this would really be a phase one and other facilities could be 78
covered in the future as that program moves ahead. Council Member Kusterman asked if 79
the city is behind the curve on that type of security and Mr. DeGardner said yes, adding 80
that staff is required to work with Metro INet on scheduling their assistance. 81
82
Council Member Rafferty noted a police division staffing study within the proposed 83
budget and asked for more information. Director Swenson explained that would involve 84
bringing someone in from the outside to look ahead at staffing as the city grows. 85
86
Council Member Rafferty asked about the proposal for playground equipment and 87
Director DeGardner explained that there is a need for replacement of some equipment and 88
he wants to keep that on the council’s radar. The city’s Park Board has prioritized 89
projects and will keep that updated in order to provide that advice to the council. Council 90
CITY COUNCIL WORK SESSION July 11, 2016
DRAFT
3
Member Rafferty suggested that staff include pictures/visual information as discussion 91
about those type of improvements continue. 92
93
Mayor Reinert asked about the Public Safety Department item on Travel/Tuition. 94
Director Swenson noted the billing system for Century College (for training firefighters). 95
The mayor suggested that those costs are for training new people only but Director 96
Swenson explained that there is in-house ongoing training but there are additional levels 97
of training that is occurring. Mayor Reinert noted a 33 percent increase in that line item 98
for 2017 and Director Swenson explained the budget in more detail. The mayor 99
suggested that the line item be broken into education and travel as two separate items. 100
He also noted that the budget for uniforms is doubling? Director Swenson suggested that 101
some of this stems from last year’s action of moving some funds to contingency. There 102
was a discussion about turn out gear – when someone leaves, it isn’t normally useful to 103
the next person because of the personal nature/size. Council Member Manthey recalled 104
his experience with the Centennial Fire District; he received his formal gear after one year 105
of training. Director Swenson explained the borrowing of equipment through training 106
and the need to provide formal gear upon completion of training. 107
108
Mayor Reinert asked, in 2014 how many sworn officers did the city employ? Director 109
Swenson said 25. Mayor Reinert said there are now 27 but revenue offsets one of those 110
positions. With that said, Mayor Reinert said he sees an increase of $650,000 in 111
personnel costs (that would be minus $110,000 for the revenue position). Director 112
Swenson explained that there are negotiated salary, benefits and 85% of the 113
Administrative Assistant, as well as addition of one part-time CSO tied to ACE revenues. 114
Mayor Reinert indicated he would still have questions about that line item. Council 115
Member Kusterman observed, regarding the comparison of 2014 to 2016, that the COLA 116
increases represent a substantial amount, and to that you would add market rate increases 117
as well as additional stipends for cross training. In that light, he isn’t as concerned about 118
the figures presented. 119
120
Mayor Reinert urged the council to spend some time reviewing the budget before the next 121
discussion. 122
123
The meeting was adjourned at 9:10 p.m. 124
125
These minutes were considered, corrected and approved at the regular Council meeting held on 126
July 25, 2016. 127
128
129
130
131
Julianne Bartell, City Clerk Jeff Reinert, Mayor 132
133
CLOSED COUNCIL SESSION July 11, 2016
DRAFT
1
1
CITY OF LINO LAKES 2
MINUTES 3
CLOSED COUNCIL SESSION 4
5
DATE : July 11, 2016 6
TIME STARTED : 6:00 p.m. 7
TIME ENDED : 6:30 p.m. 8
MEMBERS PRESENT : Council Members Rafferty, Manthey, 9
Kusterman, Maher and Mayor Reinert 10
MEMBERS ABSENT : 11
12
Staff present: City Administrator Jeff Karlson; Public Safety Director John Swenson. 13
14
Mayor Reinert called the meeting to order at 6:00 p.m. in the Council Work Room at 15
Lino Lakes City Hall. Before the meeting was closed, Mayor Reinert read a statement on 16
the purpose of the meeting. The meeting was closed as a session of the city council 17
pursuant to the Open Meeting Law for the purpose of discussing labor negotiations. 18
19
The meeting was recorded. 20
21
The meeting was adjourned at 6:30 p.m. 22
23
These minutes were considered, corrected and approved at the regular Council meeting held on 24
July 25, 2016. 25
26
27
28
29
Julianne Bartell, City Clerk Jeff Reinert, Mayor 30
31
CITY COUNCIL
AGENDA ITEM 3A
STAFF ORIGINATOR: Karissa Henning, Human Resources Manager
MEETING DATE: July 25, 2016
TOPIC: Compensation Plan for Paid On-Call Fire Personnel
VOTE REQUIRED: 3/5
INTRODUCTION
The Council is being asked to approve an amendment to the compensation plan for paid on-call
fire personnel.
BACKGROUND
Effective August 1, 2016 the Minnesota minimum wage will increase from $9.00 to $9.50 per
hour. The hourly rate for calls during pre-service training is currently $9.00.
RECOMMENDATION
Approve the amendment to the compensation plan for paid on-call fire, which increases the
hourly wage for calls during pre-service training to $9.50 to be in compliance with Minnesota
wage law.
CITY OF LINO LAKES
RESOLUTION NO. 16-78
RESOLUTION AMENDING THE COMPENSATION PLAN
FOR PAID ON-CALL FIRE PERSONNEL
WHEREAS, the City of Lino Lakes has integrated fire services into the Public Safety
Department; and
WHEREAS, the wages and compensation of paid on-call fire personnel is a vital component of
an effective recruitment and retention program; and
WHEREAS, Resolution No. 14-61 established the compensation for paid on-call fire personnel;
and
WHEREAS, due to changes in the minimum wage law, the pre-service training hourly rate
needs to be increased to be in compliance with state law.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes that
the City hereby amends the compensation plan for paid on-call fire personnel, effective August 1,
2016:
Fire Fighter Per Hour Wage
For calls during pre-service training $ 9. 50
Upon completion of the basic fire training (FFI &FFII) $10.50
Upon completion of EMT $12.00
Upon completion of 5 years of service $13.50
Upon completion of 10 years of service $14.00
Upon completion of 15 years of service $14.50
Upon completion of 20 years of service $15.00
Fire Command/ Officer Monthly Stipend
Fire Lieutenant $225.00
Station Chief/ Deputy Chief $300.00
Adopted by the City Council of the City of Lino Lakes this 25th day of July 2016.
The motion for the adoption of the foregoing resolution was introduced by Council Member
_____________and was duly seconded by Council Member _________ and upon vote being
taken thereon, the following voted in favor thereof:
The following voted against same:
________________________________
Jeff Reinert, Mayor
ATTEST:
_________________________________
Julianne Bartell, City Clerk
CITY COUNCIL
AGENDA ITEM 6A (i)
STAFF ORIGINATOR: Michael Grochala, Community Development Director
MEETING DATE: July 25, 2016
TOPIC: Consider Resolution No. 16-75, Approving Tax Increment
Financing Plan for District 1-12 and a Modified Plan for
Development District No. 1
VOTE REQUIRED: 3/5
INTRODUCTION
Staff is requesting City Council consideration to approve the Tax Increment Financing Plan for
District 1-12 and a Modified Plan for Development District No. 1.
BACKGROUND
United Properties is proposing to develop 56 Acre area parcel as the Clearwater Creek Business
Park. The developer is currently working with a warehouse/distribution company to construct a
402,000 square foot facility on approximately 30 acres of the park. The project will include a
2,100-foot extension of 21st Avenue.
The developer has submitted an application for public assistance to offset infrastructure and
soil correction costs associated with the site development. The proposed public assistance
would be provided in the form of Tax Increment Financing (TIF).
The establishment of a Tax Increment Financing (TIF) District requires the preparation of a TIF
plan and review by both the school district and county. No comments were received from
Centennial School District or Anoka County. The Planning and Zoning Board, on July 13,
2016, determined that the proposed TIF Plan was consistent with the Comprehensive Plan.
A public hearing must be held prior to City Council consideration to establish a district.
Tax Increment Financing (TIF) Plan
The TIF plan provides the framework for the use of tax increment for development purposes.
The plan includes the statutory authorization, purpose and objectives of the district. The
City/EDA are proposing to establish an Economic Development District. The maximum
duration of the district is 8 years from the date of receipt of the first increment.
The primarily purpose of the district is to aid in the construction of the proposed
warehousing/distribution facility. Tax increment is intended to be used to offset costs related to
soil corrections, site improvements and public street and utility improvements. The project will
include the extension of 21st Avenue which is identified as a collector street in the City’s
Comprehensive Plan.
The plan includes the City’s findings that, in our opinion, due to extraordinary costs associated
with the project including poor soils, street extension, creek crossing, and flood mitigation, the
project would not be reasonably expected to occur solely through private investment.
The estimated public costs eligible for reimbursement from tax increment total $2,603,627.
Tax increment revenues generated from the development are expected to equal this amount.
Approval of the plan and determination of eligible costs does not obligate the City/EDA to any
specific district duration or amount of assistance.
The determination of any specific assistance package will be part of a separate contract for
development. The EDA will be holding a public hearing following the City Council meeting to
consider a business subsidy in the amount of $1,200,000 for the proposed development.
Modified Program for Development District No. 1
The City has previously determined there to be a need to offer assistance to encourage
development of the area of the community established as Development District No. 1. The
City established District No. 1 in 1987. The boundaries where last expanded in 1997 in
connection with TIF District 1-8.
The City/EDA have previously created 11 TIF Districts within the Development District. The
purpose of the modification is to acknowledge the intent to create TIF District 1-12, create a
TIF Plan to assist with the development of the warehousing facility and to modify the
boundaries to match the corporate limits.
Representatives from Springsted Inc., the City’s financial consultant, and Kennedy & Graven,
the City’s Development Counsel will be present at the meeting to address any City Council
questions.
RECOMMENDATION
Staff recommends approval of Resolution No. 16-75
ATTACHMENTS
1. Resolution No. 16-75
2. Springsted Summary Memo
3. Tax Increment Financing Plan for District 1-12
4. Development Program for Development District No. 1
1
483318v1 JAE LN140-116
CITY OF LINO LAKES, MINNESOTA
RESOLUTION NO. 16-75
RESOLUTION APPROVING TAX INCREMENT FINANCING PLAN FOR TAX
INCREMENT FINANCING (ECONOMIC DEVELOPMENT) DISTRICT NO. 1-12
AND A MODIFIED DEVELOPMENT PLAN FOR DEVELOPMENT DISTRICT
NO. 1
WHEREAS, the City of Lino Lakes, Minnesota (the “City”) and the Lino Lakes Economic
Development Authority (the “Authority”) have established, and the Authority administers, Development
District No. 1 (the “Development District”) located within the City and have caused to be created a
Development Plan (the “Development Plan”) therefor, pursuant to Minnesota Statutes, Sections 469.090
through 469.1082, as amended (the “EDA Act”); and
WHEREAS, within the Development District the City and the Authority have created certain tax
increment financing districts pursuant to Minnesota Statutes, Sections 469.174 through 469.1794, as amended
(the “TIF Act”); and
WHEREAS, the City and the Authority have determined to modify the Development Plan for the
Development District and approve a tax increment financing plan (the “TIF Plan”) relating to the creation of a
new tax increment financing district within the Development District designated as the Tax Increment
Financing (Economic Development) District No. 1-12 (the “TIF District”), all as described in a plan document
presented to the City Council of the City (the “City Council”) on the date hereof; and
WHEREAS, the City and the Authority have determined to consider an additional modification of
the Development Plan to expand the boundaries of the Development District to be coterminous with the
City’s boundaries; and
WHEREAS, the TIF Plan was, in accordance with the TIF Act, referred to the Lino Lakes Planning
and Zoning Board (the “Planning and Zoning Board”) and by resolution adopted by the Board of
Commissioners of the Planning and Zoning Board on July 13, 2016, the Planning and Zoning Board found that
the TIF Plan conforms to the general plan for the development of the City as a whole; and
WHEREAS, pursuant to Section 469.175, subdivision 2 of the TIF Act, the proposed TIF Plan and the
estimates of the fiscal and economic implications of the TIF Plan were presented to the School Board of
Independent School District No. 12 and to the County Board of Commissioners of Anoka County, Minnesota;
and
WHEREAS, on the date hereof, the City Council conducted a public hearing relating to the modified
Development Plan, the TIF Plan, and the establishment of the TIF District, at the views of all interested parties
were heard at the public hearing; and
WHEREAS, the City Council has reviewed the contents of the modified Development Plan and the
TIF Plan; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota
that:
Section 1. Findings; Development District. The City Council approves the modified
Development Plan, including the expansion of the boundaries of the Development District to be
coterminous with the boundaries of the City, and specifically finds that: (a) the land within the Development
2
483318v1 JAE LN140-116
District as expanded would not be available for development without the financial aid to be sought under
the modified Development Plan; (b) the Development Plan, as modified, will afford maximum opportunity,
consistent with the needs of the City as a whole, for the development of the Development District by private
enterprise; and (c) the Development Plan, as modified, conforms to the general plan for the development
of the City as a whole.
Section 2. Findings; TIF District.
2.01. It is found and determined that it is necessary and desirable for the sound and orderly
development of the Development District, and for the protection and preservation of the public health, safety,
and general welfare, that the authority of the TIF Act be exercised by the City to provide public financial
assistance to the TIF District and the Development District.
2.02. It is further found and determined, and it is the reasoned opinion of the City, that the
development proposed in the TIF Plan could not reasonably be expected to occur solely through private
investment within the reasonably foreseeable future and the increased market value of the site that could
reasonably be expected to occur without the use of tax increment financing would be less than the increase in
the market value estimated to result from the proposed development after subtracting the present value of the
projected tax increments for the maximum duration of the district permitted by the TIF Plan.
2.03. The proposed public improvements to be financed in part through tax increment financing are
necessary to permit the City to realize the full potential of the TIF District and the Development District in
terms of development intensity, employment opportunities, and tax base.
2.04. The TIF Plan conforms to the general plan for development of the City as a whole.
2.05. The TIF Plan will afford maximum opportunity, consistent with the sound needs of the City
as a whole, for the development of the TIF District and the Development District by private enterprise.
2.06. The TIF District is an economic development district under Section 469.174, subdivision 12
of the TIF Act.
2.07. Reasons and facts supporting all the above findings are set forth in the TIF Plan and are
incorporated herein by reference. The City Council has also relied upon the reports and recommendations of
its staff and consultants, as well as the personal knowledge of members of the City Council, in reaching its
conclusions regarding the TIF Plan.
Section 3. Public Purpose. The adoption of the TIF Plan conforms in all respects to the
requirements of the TIF Act. The TIF Plan will help facilitate development that will retain an existing
business in the City, retain jobs within the City, and increase the tax base. The City expressly finds that the
tax increment assistance is provided solely to make the development financially feasible and thus produce
the public benefits described. Therefore, the City finds that the public benefits of the TIF Plan exceed any
private benefits.
3
483318v1 JAE LN140-116
Section 4. Approvals; Further Proceedings
4.01. The TIF Plan for the TIF District and the modified Development Program for Development
District No. 1 are hereby approved and adopted in substantially the form on file at City Hall.
4.02. The City Council hereby transmits the TIF Plan and the modified Development Program to
the Board of Commissioners of the Authority (the “Board”) and recommends that the Board adopt the TIF Plan
and the modified Development Program.
4.03. Upon approval of the TIF Plan and the modified Development Plan by the Board, the
Authority is authorized and directed to file a request for certification of the TIF District with the County Auditor
of Anoka County, Minnesota and to file a copy of the modified Development Plan and the TIF Plan with the
Minnesota Commissioner of Revenue as required by the TIF Act.
Adopted by the Council of the City of Lino Lakes this 25th day of July, 2016.
The motion for the adoption of the foregoing resolution was introduced by Council Member
_______________and was duly seconded by Council Member ________________ and upon vote
being taken thereon, the following voted in favor thereof:
The following voted against same:
_______________________________
Jeff Reinert, Mayor
ATTEST:
________________________
Julianne Bartell, City Clerk
MEMORANDUM
TO: Michael Grochala, Community Development Director
FROM: Mikaela Huot, Vice President/Consultant
DATE: July 1, 2016
SUBJECT Proposed Tax Increment Financing (Economic Development) District No. 1-12
Project Summary Memo
The City of Lino Lakes received an application for financial assistance through Tax Increment Financing (TIF) with
financing a portion of the extraordinary development costs related to the development of a large 402,000 square foot,
office headquarters and warehouse building for Distribution Alternatives. The developer, United Properties, is
proposing the construction of the project as the tenant (Distribution Alternatives) has outgrown its current space and
needs expansion. The purpose of this memorandum is to provide a summary of Springsted’s review of the
development project costs and operating pro forma as provided by the developer in order to assist the City with
making a determination if the project as proposed would be unlikely to proceed “but-for” the requested Tax Increment
Financing (TIF) assistance.
Background
The developer submitted a request for TIF assistance with the purpose of using tax increment to finance
extraordinary costs associated with construction of the project. The new assessed value of the building has been
estimated to be approximately $18.2 million upon completion based on an approximate 402,000 square foot facility.
Developer Request for Assistance
Assistance has been requested for financing a portion of the costs associated with construction of the project. The
developer has proposed the $24 million project will be funded by an estimated $6.5 million of equity and $15.3 million
of private financing with a TIF request of $2.088 million to finance extraordinary project costs. The City’s preference
would be to provide any financial assistance through pay-as-you-financing as reimbursement for extraordinary
development costs. The developer has indicated the receipt of City financial assistance is necessary for the project to
proceed and meet debt coverage and value assumptions. The developer’s request for assistance ($2.088 million) is
equal to approximately 8.67% of total project costs. See complete sources and uses (current information as
presented to Springsted by the developer) below from the application:
Springsted Incorporated
380 Jackson Street, Suite 300
Saint Paul, MN 55101-2887
Tel: 651-223-3000
Fax: 651-223-3002
www.springsted.com
City of Lino Lakes, Minnesota Summary of TIF District No. 1-12 July 1, 2016 Page 2
Sources Amount Uses Amount
Equity $6,598,543 Acquisition $2,181,162
Debt $15,396,600 Site Improvements $2,800,000
TIF $2,088,481 Public Infrastructure Costs $977,373
Building Costs $14,153,101
Soft Costs $3,006,441
Financing Costs $565,547
Contingencies $400,000
Total $24,083,624 Total $24,083,624
Following initial conversations with the developer, the amount of project costs eligible for reimbursement for tax
increment could include the following:
Uses Amount
Land Acquisition $2,181,162
Offsite Improvements (Public Infrastructure Costs) $977,373
Grading/Excavating/Soil Corrections $2,800,000
Total $5,958,535
Based on the City’s past practice and financing need and gap for this project, the estimated total amount of
assistance for public infrastructure and extraordinary site improvement costs related to construction of the project will
be limited to $1,200,000.
Tax Increment Assumptions
Springsted made certain assumptions to calculate the estimated amount of tax increment revenue generated by the
proposed new project. Those assumptions include the following:
Maximum TIF District term – 8 years after receipt of first increment
o 9 total years of collection
Base value of land:
o PID: 24-31-22-34-0001: 155,800
o PID: 24-31-22-34-0002: $3,400
o PID: 24-31-22-31-0001: $173,600
o PID: 24-31-22-31-0002: $100
o PID: 24-31-22-31-0003: $100
Total new value includes land and building
$18,200,000
Based on County value estimate
City of Lino Lakes, Minnesota Summary of TIF District No. 1-12 July 1, 2016 Page 3
Construction commences in 2016
o 50% complete by December 31, 2016
Partial value as of January 2, 2017 for taxes payable 2018
o 100% complete prior to December 31, 2017
Full value as of January 2, 2018 for taxes payable 2019
Payable 2016 tax rates remain constant through term (Rates Provided by Anoka County)
o City : 46.019%
o County: 38.894%
o School: 36.426%
o Other: 6.405%
o Total 127.744%
Class rates remain constant through term
o Commercial-industrial
o 1.5% first $150,000 and 2% value above $150,000
Fiscal disparities contribution
o Required to be from properties within district
o 37.589%
2% annual market value inflator assumed
Present Value assumptions
Tax Increment Revenue Estimates
Estimated Market Value $18,200,000
Estimated Gross Revenue $2,603,627
5% withheld for admin. $130,181
15% withheld for pooling $390,544
Estimated Net Revenue $2,082,902
Developer Assistance
80% pledged to developer $1,200,000
Number of Years 5.5 years
Surplus (remaining increment) $882,902
Project Qualifications
Tax Increment Financing (TIF) District – Economic Development
Economic development districts must consist of a project that is in the public interest because:
It will discourage commerce, industry, or manufacturing from moving their operations to another state
It will result in increased employment
City of Lino Lakes, Minnesota Summary of TIF District No. 1-12 July 1, 2016 Page 4
It will result in preservation and enhancement of the tax base
Revenue derived from tax increment from an economic development district may not be used to provide
improvements, loans, subsidies, grants, interest rate subsidies, or assistance in any form to developments consisting
of buildings and ancillary facilities, if more than 15 percent of the buildings and facilities (determined on the basis of
square footage) are used for a purpose other than:
the manufacturing or production of tangible personal property, including processing resulting in the
change in condition of the property;
warehousing, storage, and distribution of tangible personal property, excluding retail sales;
research and development related to the activities listed in clause (1) or (2);
telemarketing if that activity is the exclusive use of the property;
tourism facilities;
qualified border retail facilities; or
space necessary for and related to the activities listed in clauses (1) to (6).
In addition, if any of the property is currently within the property tax classification of ‘green acres’ pursuant to MN
Statutes, Section 273.111, 273.112, 273.114, or chapter 473H, the following provisions apply:
The authority may include in a tax increment financing district for taxes payable in any of the five calendar
years before the filing of the request for certification only for:
a district in which 85 percent or more of the planned buildings and facilities (determined on the basis of
square footage) are a qualified manufacturing facility or a qualified distribution facility or a combination of
both; or
a housing district.
A distribution facility means buildings and other improvements to real property that are used to conduct
activities in at least each of the following categories:
o to store or warehouse tangible personal property;
o to take orders for shipment, mailing, or delivery;
o to prepare personal property for shipment, mailing, or delivery; and
o to ship, mail, or deliver property.
A manufacturing facility includes space used for manufacturing or producing tangible personal property,
including processing resulting in the change in condition of the property, and space necessary for and
related to the manufacturing activities.
To be a qualified facility, the owner or operator of a manufacturing or distribution facility must agree to pay
and pay 90 percent or more of the employees of the facility at a rate equal to or greater than 160 percent of
the federal minimum wage for individuals over the age of 20.
Thank you for the opportunity to be of assistance to the City of Lino Lakes. Please contact me at 651-223-3036 or
mhuot@springsted.com with any questions or to discuss.
City of Lino Lakes, Minnesota
Lino Lakes Economic Development Authority
Tax Increment Financing Plan
for Tax Increment Financing (Economic Development) District No. 1-12
Within
Development District No. 1
(Clearwater Creek Business Park Project) Draft Dated: July 25, 2016
Public Hearing: Monday, July 25, 2016
Anticipated Approval Date: Monday, July 25, 2016 Prepared by: SPRINGSTED INCORPORATED 380 Jackson Street, Suite 300 St. Paul, MN 55101-2887 (651) 223-3000
WWW.SPRINGSTED.COM
TABLE OF CONTENTS Section Page(s)
A. Definitions ..................................................................................................................... 1
B. Statutory Authorization ..................................................................................................... 1
C. Statement of Need and Public Purpose ................................................................................ 1
D. Statement of Objectives .................................................................................................... 1
E. Designation of Tax Increment Financing District as an Economic Development District .................... 2
F. Duration of the TIF District ................................................................................................. 3
G. Property to be Included in the TIF District.............................................................................. 3
H. Property to be Acquired in the TIF District ............................................................................. 4
I. Specific Development Expected to Occur Within the TIF District ................................................. 4
J. Findings and Need for Tax Increment Financing ..................................................................... 5
K. Estimated Public Costs ..................................................................................................... 6
L. Estimated Sources of Revenue .......................................................................................... 7
M. Estimated Amount of Bonded Indebtedness .......................................................................... 7
N. Original Net Tax Capacity ................................................................................................. 7
O. Original Tax Capacity Rate ................................................................................................ 8
P. Projected Retained Captured Net Tax Capacity and Projected Tax Increment ............................... 8
Q. Use of Tax Increment ....................................................................................................... 9
R. Excess Tax Increment ...................................................................................................... 9
S. Tax Increment Pooling and the Five Year Rule ..................................................................... 10
T. Limitation on Administrative Expenses ............................................................................... 10
U. Limitation on Property Not Subject to Improvements - Four Year Rule ....................................... 11
V. Estimated Impact on Other Taxing Jurisdictions ................................................................... 11
W. Prior Planned Improvements ............................................................................................ 12
X. Development Agreements ............................................................................................... 12
Y. Assessment Agreements ................................................................................................ 12
Z. Modifications of the Tax Increment Financing Plan ................................................................ 12
AA. Administration of the Tax Increment Financing Plan .............................................................. 13
AB. Financial Reporting and Disclosure Requirements ................................................................ 13
Map of the Tax Increment Financing District ....................................................................................... EXHIBIT I
Assumptions Report ........................................................................................................................... EXHIBIT II
Projected Tax Increment Report ......................................................................................................... EXHIBIT III
Estimated Impact on Other Taxing Jurisdictions Report...................................................................... EXHIBIT IV
Market Value Analysis Report ............................................................................................................. EXHIBIT V
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Section A Definitions The terms defined in this section have the meanings given herein, unless the context in which they are used indicates a different meaning:
"Authority" means the Lino Lakes Economic Development Authority.
"City" means the City of Lino Lakes, Minnesota; also referred to as a "Municipality". "City Council" means the City Council of the City; also referred to as the "Governing Body". "County" means Anoka County, Minnesota "Development District" means Development District No. 1 in the City, which is described in the corresponding Development Program. "Development Program" means the Development Program for the Development District. "Project Area" means the geographic area of the Development District. "School District" means Independent School District No. 12, Minnesota. "State" means the State of Minnesota. "TIF Act" means Minnesota Statutes, Sections 469.174 through 469.1794, both inclusive. "TIF District" means Tax Increment Financing (Economic Development) District No. 1-12. "TIF Plan" means the tax increment financing plan for the TIF District (this document). Section B Statutory Authorization The Development District Act authorizes the City and Authority, upon certain public purpose findings by the City Council, to establish and designate development districts within the City and to develop and administer development programs therefore to meet the needs and accomplish the public purposes specified in Section C. In accordance with the purposes set forth in Section 469.124 of the Development District Act, the City Council and Authority have established the Development District comprising the area described in Section E and have adopted this Development Program. Section C Statement of Need and Public Purpose The City Council and Authority have determined that there is a need for the City to take certain actions they deem necessary in order to encourage, ensure and facilitate development and redevelopment by the private sector of underutilized, inappropriately used and unused land located within the corporate limits of the City. Such actions are necessary in order to provide additional employment opportunities for residents of the City and the surrounding area; to improve the tax base of the City, the County and the School District, thereby enabling them to better provide needed public services; and to improve the general economy of the City, the County and the State. Section D Statement of Objectives The Authority seeks to achieve the following objectives through the establishment of TIF District No. 1-12;
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1. redevelop blighted areas as identified 2. provide employment opportunities within the community. 3. improve the tax base of Lino Lakes and the general economy of the City and State; 4. implement relevant portions of the Comprehensive Plan. The Authority’s specific purpose in establishing TIF District No. 1-12 is to aid in the construction of a large warehousing/distribution facility that will comprise of 402,000 square feet. The Authority intends to use increment generated by the new development to assist with financing a portion of the extraordinary site improvements and soil correction costs and significant offsite improvements that include streets, public utilities, and public improvements to gain access to the site. Section E Designation of Tax Increment Financing District as an Economic Development District Economic development districts are a type of tax increment financing district which consist of any project, or portions of a project, which the Authority finds to be in the public interest because: (1) it will discourage commerce, industry, or manufacturing from moving their operations to another state or municipality; (2) it will result in increased employment in the state; or (3) it will result in preservation and enhancement of the tax base of the state. The TIF District qualifies as an economic development district in that the proposed development described in this TIF Plan (see Section I) meets the criteria listed above in (1), (2) and (3). Without establishment of the TIF District, the proposed development would not occur within the City. The proposed development will also result in increased employment and enhancement of the tax base in both the City and the State. Tax increments from an economic development district must be used to provide improvements, loans, subsidies, grants, interest rate subsidies, or other assistance in which at least 85% of the square footage of the facilities to be constructed are used for any of the following purposes: (1) manufacturing or production of tangible personal property, including processing, resulting in the change of the condition of the property; (2) warehousing, storage and distribution of tangible personal property, excluding retail sales; (3) research and development related to the activities listed in (1) or (2) above; (4) telemarketing if that activity is the exclusive use of the property; (5) tourism facilities (see M.S. Section 469.174, Subd. 22); (6) qualified border retail facilities (see M.S. Section 469.176, Subd. 4c); or (7) space necessary for and related to the activities listed in (1) through (6) above. Tax increments from the TIF District will be used to provide financial assistance to the proposed development (see Section I), in which over 85% of the square footage of the facilities to be constructed will be used for warehousing, storage and distribution of tangible personal property, excluding retail sales as listed in (2) above. In addition, the parcels to be included within the district have qualified for inclusion under the provisions of chapter 473H in the
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previous five calendar years before the filing of the request for certification only and therefore the project must meet the following qualifications:
(1) a district in which 85 percent or more of the planned buildings and facilities (determined on the basis of
square footage) are a qualified manufacturing facility or a qualified distribution facility or a combination of both; or
(2) a housing district.
A distribution facility means buildings and other improvements to real property that are used to conduct activities in at
least each of the following categories:
(i) to store or warehouse tangible personal property;
(ii) to take orders for shipment, mailing, or delivery;
(iii) to prepare personal property for shipment, mailing, or delivery; and
(iv) to ship, mail, or deliver property.
A manufacturing facility includes space used for manufacturing or producing tangible personal property, including processing resulting in the change in condition of the property, and space necessary for and related to the manufacturing activities. To be a qualified facility, the owner or operator of a manufacturing or distribution facility must agree to pay and pay 90 percent or more of the employees of the facility at a rate equal to or greater than 160 percent of the federal minimum wage for individuals over the age of 20. The proposed project will be a qualified distribution facility. Section F Duration of the TIF District Economic development districts may remain in existence 8 years from the date of receipt by the Authority of the first tax increment. The Authority anticipates that the TIF District may remain in existence the maximum duration allowed by law (projected to be through the year 2026). However the Authority will decertify the TIF District earlier upon fulfillment of all District obligations. Section G Property to be Included in the TIF District The TIF District is an approximate 42 acre area of land located within the Project Area. A map showing the location of the TIF District is shown in Exhibit I. The boundaries and area encompassed by the TIF District are described below: Parcel ID Number Legal Description
24-31-22-34-0001
THE SE1/4 OF SW1/4 OF SEC 24 TWP 31 RGE 22, EX THAT PRT OF FOL DESC TRACT LYG WITHIN SD 1/4 1/4: A STRIP OF LAND 25 FT IN WIDTH ON EACH SIDE OF FOL DESC C/L: BEG AT A STAKE ON E LINE OF SD SEC 2421.5 FT S OF E1/4 COR THEREOF, TH S 52 DEG 27 MIN W 4599.2 FT TO A STAKE ON S LINE OF SD SEC 1592.7 FT E OF SW COR THEREOF & THERE TERM, EX RDS, SUBJ TO EASE OF REC
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24-31-22-34-0002
TTH PRT OF SE1/4 OF SW1/4 OF SEC 24-31-22 LYG WITHIN A 50 FT WIDE STRIP WITH A C/L DESC AS FOL: BEG AT A PT ON E LINE OF SD SEC 21.5 FT S OF E1/4 COR THEREOF, TH S 52 DEG 27 MIN W 4599.2 FT TO A PT ONS LINE OF SD SEC 1592.7 FT E OF SW COR THEREOF & THERE TERM; EX RDS; SUBJ TO EASE OF RECHE SE1/4 OF SW1/4 OF SEC 34 TWP 31 RGE 22, EX THAT PRT OF SD 1/4 1/4 LYG SELY OF CSAH NO 32, ALSO EX E 594 FT OF N 885.5 FT THEREOF, EX RD, SUBJ TO EASE OF REC
24-31-22-31-0001 * THE NE1/4 OF SW1/4 OF SEC 24 TWP 31 RGE 22, EX THAT PRT THEREOF LYG WLY OF FOL DESC LINE: BEG AT A PT ON N LINE OF SD 1/4 1/4 16.5 FT ELY OF NW COR THEREOF, TH SLY TO SW COR OF SD 1/4 1/4 & SD LINETHERE TERM, EX RD, SUBJ TO EASE OF REC
24-31-22-31-0002 THAT PRT OF NE1/4 OF SW1/4 OF SEC 24 TWP 31 RGE 22 LYG S OF ELY EXTN OF N LINE OF S 662.45 FT OF NW1/4 OF SD 1/4 & LYG WLY OF FOL DESC LINE: BEG AT A PT ON N LINE OF SD NE1/4 16.5 FT ELY OF NW COR THEREOF, TH SLY TO SW COR OF SD 1/4 1/4 & THERE TERM, SUBJ TO EASE OF REC
24-31-22-31-0003 THAT PRT OF NE1/4 OF SW1/4 OF SEC 24 TWP 31 RGE 22 LYG NLY OF ELY EXTN OF N LINE OF S 662.45 FT OF NW1/4 OF SD 1/4 & LYG WLY OF FOL DESC LINE: BEG AT A PT ON N LINE OF SD NE1/4 16.5 FT ELY OF NW COR THEREOF, TH SLY TO SW COR OF SD 1/4 1/4 & THERE TERM, SUBJ TO EASE OF REC
‘* parcel will be split and only a portion will be included within the TIF District. The area encompassed by the TIF District shall also include all street or utility right-of-ways located upon or adjacent to the property described above. Section H Property to be Acquired in the TIF District The Authority may acquire and sell any or all of the property located within the TIF District; however, the Authority does not anticipate acquiring any such property at this time. Section I Specific Development Expected to Occur Within the TIF District The proposed development is expected to consist of the construction of a new 402,000 square foot warehousing and distribution facility for Distribution Alternatives within the City of Lino Lakes. The development will result in increased tax base and retained employment within the City, in compliance with statutory requirements. It is anticipated tax increment will be used to finance a portion of the extraordinary site development, soil correction, public improvements, and infrastructure costs related to the project. In addition, the Authority anticipates using available tax increment for related administrative expenses and any other eligible expenditures associated with the development of the site. Construction of the facility is projected to start in summer/fall of 2016 and is expected to be fully constructed by December 31, 2017, and be 100% assessed and on the tax rolls as of January 2, 2018 for taxes payable in 2019. At the time this document was prepared there were no signed construction contracts with regards to the above described development.
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Section J Findings and Need for Tax Increment Financing In establishing the TIF District, the City makes the following findings: (1) The TIF District qualifies as an economic development district; See Section E of this document for the reasons and facts supporting this finding. (2) The proposed development, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future, and the increased market value of the site that could reasonably be expected to occur without the use of tax increment would be less than the increase in market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the TIF District permitted by the TIF Plan. Factual basis: Proposed development not expected to occur: The project includes the development of a new large 402,000 warehouse and distribution facility in an undeveloped area of the City. The proposed developer of the site has submitted information to the city demonstrating that the development of this site is not financially feasible without the assistance provided in this TIF Plan. The City has determined that the proposed development would not occur but for the financial assistance provided in this TIF Plan because of the high cost of construction at the site due to the need for significant site development and public improvement infrastructure costs necessary for development to occur. Specifically, site preparation on the site requires the construction of a crossing over a creek and flood mitigation along the creek. The extension of a city road will also be required to serve the development. Due to the high costs of investment for the proposed project, including site improvements, public improvements, soil correction, and infrastructure costs that would be incurred by the developer in conjunction with development of the project, the developer has stated that the project as proposed would not occur without the financial assistance provided by the City, as it would not be economically feasible without financial assistance. The City finds the use of tax increment necessary to finance a portion of the site improvement, public infrastructure, soil correction and infrastructure costs to facilitate development of the project and developer investment. The City anticipates providing financial assistance on a pay-as-you-go basis.
No higher market value expected: The increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the TIF District permitted by the TIF Plan. Without the improvements the City has no reason to expect that significant development would occur without assistance similar to that provided in this plan. For the same reasons that the desired development described above is not feasible without tax increment assistance, the City believes that no alternative development is likely to occur without similar assistance. To summarize the basis for the City’s findings regarding alternative market value, in accordance with Minnesota Statutes, Section 469.175, Subd. 3(d), the City makes the following determinations: a. The City’s estimate of the amount by which the market value of the site will increase without the use of tax increment financing is $0 (for the reasons described above), except some unknown amount of appreciation.
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b. If the proposed development to be assisted with tax increment occurs in the District, the total increase in market value would be approximately $20,782,140 including the value of the building (See Exhibit V). c. The present value of tax increments from the District for the maximum duration of the district permitted by the TIF Plan is estimated to be $2,025,557 (See Exhibit V). d. Even if some development other than the proposed development were to occur, the City finds that no alternative would occur that would produce a market value increase greater than $18,756,583 (the amount in clause b less the amount in clause c) without tax increment assistance. (3) The TIF Plan would afford maximum opportunity, consistent with the sound needs of the City as a whole, for development of the Project Area by private enterprise. Factual basis: The proposed development is the construction of a new large warehousing and distribution facility in the Project Area that is expected to retain existing jobs as well as create new jobs in the City, plus create new tax base for the City and the State. The development meets the City’s economic development goals in terms of tax base expansion, job retention, and wage levels. (4) The TIF Plan conforms to general plans for development of the City as a whole. Factual basis: The City has determined that the development proposed in the TIF Plan conforms to the City comprehensive plan. Section K Estimated Public Costs The estimated public costs of the TIF District are listed below. Such costs are eligible for reimbursement from tax increments of the TIF District.
Land/Building Acquisition Site Improvements/Preparation Costs $0 $1,105,529 Installation of Public Infrastructure Improvements Other Qualifying Improvements Administrative Costs Loan Interest Costs
$977,373 $390,544 $130,181 $0
Total $2,603,627 The City anticipates using tax increment to the extent available to assist with financing a portion of the site improvements and infrastructure costs, related administrative expenses, and other TIF-eligible expenditures as necessary and related to development of the project. The City reserves the right to administratively adjust the amount of any of the items listed above or to incorporate additional eligible items, so long as the total estimated public cost is not increased.
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Section L Estimated Sources of Revenue
Tax increment revenue $2,603,627 Interest on invested funds 0 Loan proceeds 0 Special assessments 0 Rent/lease revenue 0 Grants 0
Total $2,603,627 The Authority anticipates providing financial assistance on a pay-as-you-go basis for site improvement and infrastructure costs, as well as other TIF-eligible expenses related to the proposed development. As tax increments are collected from the TIF District in future years, a portion of these taxes will be used by the Authority to reimburse the developer/owner for public costs incurred (see Section K). The Authority reserves the right to finance any or all public costs of the TIF District using pay-as-you-go assistance, internal funding, general obligation or revenue debt (referred to together as “TIF Bonds”), or any other financing mechanism authorized by law. The Authority also reserves the right to use other sources of revenue legally applicable to the Project Area to pay for such costs including, but not limited to, special assessments, utility revenues, federal or state funds, and investment income. Section M Estimated Amount of Bonded Indebtedness The maximum principal amount of bonds (as defined in the TIF Act) secured in whole or part with tax increment from the TIF District is $2,603,627. The Authority currently plans to finance the improvement costs in the form of a pay-as-you go revenue note, but reserves the right to issue bonds in any form, including without limitation any interfund loan with interest not to exceed the maximum permitted under Section 469.178, subd. 7 of the TIF Act. Section N Original Net Tax Capacity The County Auditor shall certify the original net tax capacity of the TIF District. This value will be equal to the total net tax capacity of all property in the TIF District as certified by the State Commissioner of Revenue. For districts certified between January 1 and June 30, inclusive, this value is based on the previous assessment year. For districts certified between July 1 and December 31, inclusive, this value is based on the current assessment year. The Estimated Market Value of all property within the TIF District as of January 2, 2016, for taxes payable in 2017, is $333,000 and the estimated tax capacity is $5,910, which is estimated to be the original net tax capacity of the TIF District upon establishment and subsequent certification. This also includes an anticipated lot split with partial value included within the district and reclassification of the property to commercial-industrial. Each year the County Auditor shall certify the amount that the original net tax capacity has increased or decreased as a result of: (1) changes in the tax-exempt status of property; (2) reductions or enlargements of the geographic area of the TIF District; (3) changes due to stipulation agreements or abatements; or (4) changes in property classification rates.
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Section O Original Tax Capacity Rate The County Auditor shall also certify the original tax capacity rate of the TIF District. This rate shall be the sum of all local tax rates that apply to property in the TIF District. This rate shall be for the same taxes payable year as the original net tax capacity. In future years, the amount of tax increment generated by the TIF District will be calculated using the lesser of (a) the sum of the current local tax rates at that time or (b) the original tax capacity rate of the TIF District. The request for certification of the District is expected to occur after June 30, 2016 and prior to July 1, 2017. As a result, the local tax rates for taxes payable 2017 will be applicable. Since the rates are not available, for purposes of estimating the tax increment generated by the TIF District, the sum of all local tax rates that apply to property within the District, for taxes levied in 2015 and payable in 2016 is 127.744%. The County Auditor shall certify the applicable year’s amount as the original tax capacity rate of the TIF District. 2015/2016 Taxing Jurisdiction Local Tax Rate City of Lino Lakes 46.019% Anoka County 38.894% ISD #12 36.426% Other 6.405% Total 127.744% Section P Projected Retained Captured Net Tax Capacity and Projected Tax Increment The Authority anticipates that the project will begin construction in summer/fall 2016 and be 100% completed by December 31, 2017, creating a total tax capacity for TIF District No. 1-12 of $366,890 as of January 2, 2018. The captured tax capacity as of that date is estimated to be $225,291 and the first year of tax increment is estimated to be $287,796 payable in 2019. A complete schedule of estimated tax increment from the TIF District is shown in Exhibit IV. The estimates shown in this TIF plan assume that commercial class rates remain at 1.5% of the estimated market value up to $150,000 and 2.0% of the estimated market value over $150,000, and assume 2% annual increases in market values. Each year the County Auditor shall determine the current net tax capacity of all property in the TIF District. To the extent that this total exceeds the original net tax capacity, the difference shall be known as the captured net tax capacity of the TIF District. The County Auditor shall certify to the Authority the amount of captured net tax capacity each year. The City may choose to retain any or all of this amount. It is the Authority's intention to retain 100% of the captured net tax capacity of the TIF District. Such amount shall be known as the retained captured net tax capacity of the TIF District. Exhibit II gives a listing of the various information and assumptions used in preparing a number of the exhibits contained in this TIF Plan, including Exhibit III which shows the projected tax increment generated over the anticipated life of the TIF District.
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Section Q Use of Tax Increment Each year the County Treasurer shall deduct 0.36% of the annual tax increment generated by the TIF District and pay such amount to the State's General Fund. Such amounts will be appropriated to the State Auditor for the cost of financial reporting and auditing of tax increment financing information throughout the state. Exhibit III shows the projected deduction for this purpose over the anticipated life of the TIF District. The Authority has determined that it will use 100% of the remaining tax increment generated by the TIF District for any of the following purposes: (1) pay for the estimated public costs of the TIF District (see Section K) and County administrative costs associated with the TIF District (see Section T); (2) pay principal and interest on tax increment bonds or other bonds issued to finance the estimated public costs of the TIF District; (3) accumulate a reserve securing the payment of tax increment bonds or other bonds issued to finance the estimated public costs of the TIF District; (4) pay all or a portion of the county road costs as may be required by the County Board under M.S. Section 469.175, Subdivision 1a; or (5) return excess tax increments to the County Auditor for redistribution to the City, County and School District. Tax increments from property located in one county must be expended for the direct and primary benefit of a project located within that county, unless the county board involved waives this requirement. Tax increments shall not be used to circumvent levy limitations applicable to the Authority. Tax increment shall not be used to finance the acquisition, construction, renovation, operation, or maintenance of a building to be used primarily and regularly for conducting the business of a municipality, county, school district, or any other local unit of government or the State or federal government, or for a commons area used as a public park, or a facility used for social, recreational, or conference purposes. This prohibition does not apply to the construction or renovation of a parking structure or of a privately owned facility for conference purposes. If there exists any type of agreement or arrangement providing for the developer, or other beneficiary of assistance, to repay all or a portion of the assistance that was paid or financed with tax increments, such payments shall be subject to all of the restrictions imposed on the use of tax increments. Assistance includes sale of property at less than the cost of acquisition or fair market value, grants, ground or other leases at less then fair market rent, interest rate subsidies, utility service connections, roads, or other similar assistance that would otherwise be paid for by the developer or beneficiary. Section R Excess Tax Increment In any year in which the tax increments from the TIF District exceed the amount necessary to pay the estimated public costs authorized by the TIF Plan, the Authority shall use the excess tax increments to: (1) prepay any outstanding tax increment bonds; (2) discharge the pledge of tax increments thereof; (3) pay amounts into an escrow account dedicated to the payment of the tax increment bonds; or
Lino Lakes Economic Development Authority, Minnesota
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(4) return excess tax increments to the County Auditor for redistribution to the City, County and School District. The County Auditor must report to the Commissioner of Education the amount of any excess tax increment redistributed to the School District within 30 days of such redistribution. Section S Tax Increment Pooling and the Five Year Rule At least 80% of the tax increments from the TIF District must be expended on activities within the district or to pay for bonds used to finance the estimated public costs of the TIF District (see Section E for additional restrictions). No more than 20% of the tax increments may be spent on costs outside of the TIF District but within the boundaries of the Project Area, except to pay debt service on credit enhanced bonds. All administrative expenses are considered to have been spent outside of the TIF District. Tax increments are considered to have been spent within the TIF District if such amounts are: (1) actually paid to a third party for activities performed within the TIF District within five years after certification of the district; (2) used to pay bonds that were issued and sold to a third party, the proceeds of which are reasonably expected on the date of issuance to be spent within the later of the five-year period or a reasonable temporary period or are deposited in a reasonably required reserve or replacement fund. (3) used to make payments or reimbursements to a third party under binding contracts for activities performed within the TIF District, which were entered into within five years after certification of the district; or (4) used to reimburse a party for payment of eligible costs (including interest) incurred within five years from certification of the district. Beginning with the sixth year following certification of the TIF District, at least 80% of the tax increments must be used to pay outstanding bonds or make contractual payments obligated within the first five years. When outstanding bonds have been defeased and sufficient money has been set aside to pay for such contractual obligations, the TIF District must be decertified. The Authority expects that allowable pooling expenditures will be made outside of the TIF District and within the Project Area (along with allowable administrative expenses), and such expenditures are expressly authorized in this TIF Plan. Section T Limitation on Administrative Expenses Administrative expenses are defined as all costs of the Authority other than: (1) amounts paid for the purchase of land; (2) amounts paid for materials and services, including architectural and engineering services directly connected with the physical development of the real property in the project; (3) relocation benefits paid to, or services provided for, persons residing or businesses located in the project; (4) amounts used to pay principal or interest on, fund a reserve for, or sell at a discount bonds issued pursuant to section 469.178; or (5) amounts used to pay other financial obligations to the extent those obligations were used to finance costs described in clause (1) to (3).
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Administrative expenses include amounts paid for services provided by bond counsel, fiscal consultants, planning or economic development consultants, and actual costs incurred by the County in administering the TIF District. Tax increments may be used to pay administrative expenses of the TIF District up to the lesser of (a) 10% of the total tax increment expenditures authorized by the TIF Plan or (b) 10% of the total tax increments received by the TIF District. Section U Limitation on Property Not Subject to Improvements - Four Year Rule If after four years from certification of the TIF District no demolition, rehabilitation, renovation, or qualified improvement of an adjacent street has commenced on a parcel located within the TIF District, then that parcel shall be excluded from the TIF District and the original net tax capacity shall be adjusted accordingly. Qualified improvements of a street are limited to construction or opening of a new street, relocation of a street, or substantial reconstruction or rebuilding of an existing street. The Authority must submit to the County Auditor, by February 1 of the fifth year, evidence that the required activity has taken place for each parcel in the TIF District. If a parcel is excluded from the TIF District and the Authority or owner of the parcel subsequently commences any of the above activities, the Authority shall certify to the County Auditor that such activity has commenced and the parcel shall once again be included in the TIF District. The County Auditor shall certify the net tax capacity of the parcel, as most recently certified by the Commissioner of Revenue, and add such amount to the original net tax capacity of the TIF District. Section V Estimated Impact on Other Taxing Jurisdictions Exhibit IV shows the estimated impact on other taxing jurisdictions if the maximum projected retained captured net tax capacity of the TIF District was hypothetically available to the other taxing jurisdictions. The Authority believes that there will be no adverse impact on other taxing jurisdictions during the life of the TIF District, since the proposed development would not have occurred without the establishment of the TIF District and the provision of public assistance. A positive impact on other taxing jurisdictions will occur when the TIF District is decertified and the development therein becomes part of the general tax base. The fiscal and economic implications of the proposed tax increment financing district, as pursuant to Minnesota Statutes, Section 469.175, Subdivision 2, are listed below. 1. The total amount of tax increment that will be generated over the life of the district is estimated to be $2,613,034. 2. To the extent the facility in the proposed TIF District generates any public cost impacts on city-provided services such as police and fire protection, public infrastructure, and borrowing costs attributable to the district, such costs will be levied upon the taxable net tax capacity of the City, excluding that portion captured by the District. The City does not anticipate issuing bonds in conjunction with this project. 3. The amount of tax increments over the life of the district that would be attributable to school district levies, assuming the school district’s share of the total local tax rate for all taxing jurisdictions remained the same, is estimated to be $745,102. 4. The amount of tax increments over the life of the district that would be attributable to county levies, assuming the county’s share of the total local tax rate for all taxing jurisdictions remained the same is estimated to be $795,585. 5. No additional information has been requested by the county or school district that would enable it to determine additional costs that will accrue to it due to the development proposed for the district. Section W Prior Planned Improvements
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The Authority shall accompany its request for certification to the County Auditor (or notice of district enlargement), with a listing of all properties within the TIF District for which building permits have been issued during the 18 months immediately preceding approval of the TIF Plan. The County Auditor shall increase the original net tax capacity of the TIF District by the net tax capacity of each improvement for which a building permit was issued. There have been no building permits issued in the last 18 months in conjunction with any of the properties within the TIF District. Section X Development Agreements If within a project containing an economic development district, more than 10% of the acreage of the property to be acquired by the Authority is purchased with tax increment bonds proceeds (to which tax increment from the property is pledged), then prior to such acquisition, the Authority must enter into an agreement for the development of the property. Such agreement must provide recourse for the Authority should the development not be completed. The Authority anticipates entering into an agreement for development, but does not anticipate acquiring any property located within the TIF District. Section Y Assessment Agreements The Authority may, upon entering into a development agreement, also enter into an assessment agreement with the developer, which establishes a minimum market value of the land and improvements for each year during the life of the TIF District. The assessment agreement shall be presented to the County or City Assessor who shall review the plans and specifications for the improvements to be constructed, review the market value previously assigned to the land, and so long as the minimum market value contained in the assessment agreement appears to be an accurate estimate, shall certify the assessment agreement as reasonable. The assessment agreement shall be filed for record in the office of the County Recorder of each county where the property is located. Any modification or premature termination of this agreement must first be approved by the City, County and School District. The Authority does not anticipate entering into an assessment agreement. Section Z Modifications of the Tax Increment Financing Plan Any reduction or enlargement in the geographic area of the Project Area or the TIF District; increase in the amount of bonded indebtedness to be incurred; a determination to capitalize interest on the debt if that determination was not part of the original TIF Plan, increase in the amount of capitalized interest; increase in that portion of the captured net tax capacity to be retained by the Authority; increase in the total estimated public costs; or designation of additional property to be acquired by the Authority shall be approved only after satisfying all the necessary requirements for approval of the original TIF Plan. This paragraph does not apply if: (1) the only modification is elimination of parcels from the TIF District; and (2) the current net tax capacity of the parcels eliminated equals or exceeds the net tax capacity of those parcels in the TIF District's original net tax capacity, or the Authority agrees that the TIF District's original net tax capacity will be reduced by no more than the current net tax capacity of the parcels eliminated.
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The Authority must notify the County Auditor of any modification that reduces or enlarges the geographic area of the TIF District. The geographic area of the TIF District may be reduced but not enlarged after five years following the date of certification. Section AA Administration of the Tax Increment Financing Plan Upon adoption of the TIF Plan, the Authority shall submit a copy of such plan to the Minnesota Department of Revenue. The Authority shall also request that the County Auditor certify the original net tax capacity and net tax capacity rate of the TIF District. To assist the County Auditor in this process, the Authority shall submit copies of the TIF Plan, the resolution establishing the TIF District and adopting the TIF Plan, and a listing of any prior planned improvements. The Authority shall also send the County Assessor any assessment agreement establishing the minimum market value of land and improvements in the TIF District, and shall request that the County Assessor review and certify this assessment agreement as reasonable. The County shall distribute to the Authority the amount of tax increment as it becomes available. The amount of tax increment in any year represents the applicable property taxes generated by the retained captured net tax capacity of the TIF District. The amount of tax increment may change due to development anticipated by the TIF Plan, other development, inflation of property values, or changes in property classification rates or formulas. In administering and implementing the TIF Plan, the following actions should occur on an annual basis: (1) prior to July 1, the Authority shall notify the County Assessor of any new development that has occurred in the TIF District during the past year to insure that the new value will be recorded in a timely manner. (2) if the County Auditor receives the request for certification of a new TIF District, or for modification of an existing TIF District, before July 1, the request shall be recognized in determining local tax rates for the current and subsequent levy years. Requests received on or after July 1 shall be used to determine local tax rates in subsequent years. (3) each year the County Auditor shall certify the amount of the original net tax capacity of the TIF District. The amount certified shall reflect any changes that occur as a result of the following: (a) the value of property that changes from tax-exempt to taxable shall be added to the original net tax capacity of the TIF District. The reverse shall also apply; (b) the original net tax capacity may be modified by any approved enlargement or reduction of the TIF District; (c) if laws governing the classification of real property cause changes to the percentage of estimated market value to be applied for property tax purposes, then the resulting increase or decrease in net tax capacity shall be applied proportionately to the original net tax capacity and the retained captured net tax capacity of the TIF District. The County Auditor shall notify the Authority of all changes made to the original net tax capacity of the TIF District. Section AB Filing TIF Plan, Financial Reporting and Disclosure Requirements The Authority will file the TIF Plan, and any subsequent amendments thereto, with the Commissioner of Revenue and the Office of the State Auditor pursuant to Minnesota Statutes, Section 469.175, subdivision 4A. The Authority will comply with all reporting requirements for the TIF District under Minnesota Statutes, Section 469.175, subdivisions 5 and 6.
Exhibit I
SPRINGSTED Page 14
Map of Tax Increment Financing (Economic Development) District No. 1-12
Exhibit I
SPRINGSTED Page 15
Map of Tax Increment Financing (Economic Development) District No. 1-12 Within Development District No. 1
Exhibit II
SPRINGSTED Page 16
Assumptions Report
City of Lino Lakes, Minnesota
Tax Increment Financing (Economic Development) District No. 1-12
Clearwater Creek Business Park Project
TIF Plan Exhibits: Based on EMV of $18.2M - Construct 2016-2017
Type of Tax Increment Financing District Economic Development
Maximum Duration of TIF District 8 years from 1st increment
Projected Certification Request Date 06/30/16
Decertification Date 12/31/26 (9 Years of Increment)
2015/2016
Base Estimated Market Value * $333,000
PID: 24-31-22-34-0001
PID: 24-31-22-34-0002
PID: 24-31-22-31-0001
PID: 24-31-22-31-0002
PID: 24-31-22-31-0003
Original Net Tax Capacity $5,910
Assessment/Collection Year
2016/2017 2017/2018 2018/2019 2019/2020
Base Estimated Market Value $333,000 $333,000 $333,000 $333,000
Increase in Estimated Market Value 0 8,767,000 18,049,000 18,416,640
Total Estimated Market Value 333,000 9,100,000 18,382,000 18,749,640
Total Net Tax Capacity $5,910 $181,250 $366,890 $374,243
City of Lino Lakes 46.019%
Anoka County 38.894%
ISD # 12 36.426%
Other 6.405%
Local Tax Capacity Rate 127.744% Payable 2016
Frozen Tax Capacity Rate
Fiscal Disparities Contribution From TIF District 37.5890%
Administrative Retainage Percent (maximum = 10%) 5.00%
Pooling Percent 15.00%
Bonds Loan/Note
Bonds Dated NA Note Dated 02/01/17
Bond Issue @ 0.00% (NIC) NA Note Rate 4.00%
Eligible Project Costs NA Note Amount $1,695,909
Present Value Date & Rate 02/01/17 4.00% Net PV Amoun 1,695,909
Notes
* Base EMV 2017 market values for 5 parcels. Tax capacity calculated at 1.5%/2% class rate.
Assume property will be classified as commercial/industrial upon project completion.
Projections assume no future changes to class rates or tax rates,
and include 2% annual market value inflator.
Development includes construction of in 2016/17.
Valuation estimates provided by County and include improved land value of $1.2M.
Fiscal disparities contribution from properties within the proposed TIF District.
Exhibit III SPRINGSTED Page 17 Projected Tax Increment Report City of Lino Lakes, MinnesotaTax Increment Financing (Economic Development) District No. 1-12Clearwater Creek Business Park ProjectTIF Plan Exhibits: Based on EMV of $18.2M - Construct 2016-2017Less: Less: Retained Times: Less: Annual Less: Less:Annual Total Total Original Fiscal Captured Tax Annual State Aud. Revenue Admin. Pooling AnnualPeriod Market Net Tax Net Tax Disp. @ Net Tax Capacity Gross Tax Deduction Net of Retainage Retainage NetEnding Value * Capacity Capacity ** 37.5890% Capacity Rate *** Increment 0.360% OSA Deduction 5.00% 15.00% Revenue(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13)12/31/16 333,000 5,910 5,910 0 0 127.744% 0 0 0 0 0 012/31/17 333,000 5,910 5,910 0 0 127.744% 0 0 0 0 0 012/31/18 9,100,000 181,250 5,910 65,909 109,431 127.744% 139,792 503 139,289 6,964 20,893 111,43212/31/19 18,382,000 366,890 5,910 135,689 225,291 127.744% 287,796 1,036 286,760 14,338 43,014 229,40812/31/20 18,749,640 374,243 5,910 138,453 229,880 127.744% 293,658 1,057 292,601 14,630 43,890 234,08112/31/21 19,124,633 381,743 5,910 141,272 234,561 127.744% 299,637 1,079 298,558 14,928 44,784 238,84612/31/22 19,507,125 389,393 5,910 144,147 239,336 127.744% 305,737 1,101 304,636 15,232 45,695 243,70912/31/23 19,897,268 397,195 5,910 147,080 244,205 127.744% 311,958 1,123 310,835 15,542 46,625 248,66812/31/24 20,295,213 405,154 5,910 150,072 249,172 127.744% 318,303 1,146 317,157 15,858 47,574 253,72512/31/25 20,701,118 413,272 5,910 153,123 254,239 127.744% 324,776 1,169 323,607 16,180 48,541 258,88612/31/26 21,115,140 421,553 5,910 156,236 259,407 127.744% 331,377 1,193 330,184 16,509 49,528 264,147$2,613,034 $9,407 $2,603,627 $130,181 $390,544 $2,082,902* Total Market Value based on new estimated land and building value of $18,200,000 (preliminary and subject to change)** Original net tax capacity based on existing taxable land value of five properties and calculated based on reclassification to commercial-industrial class rates*** Total Combined Local Tax Capacity Rate of City, County, School District and other taxing jurisdictions for payable 2016
Exhibit IV SPRINGSTED Page 18 Estimated Impact on Other Taxing Jurisdictions ReportCity of Lino Lakes, MinnesotaTax Increment Financing (Economic Development) District No. 1-12Clearwater Creek Business Park ProjectTIF Plan Exhibits: Based on EMV of $18.2M - Construct 2016-2017WithoutProject or TIF District With Project and TIF DistrictProjected Hypothetical2015/2016 2015/2016 Retained New Hypothetical Hypothetical Tax GeneratedTaxable 2015/2016 Taxable Captured Taxable Adjusted Decrease In by RetainedTaxing Net Tax Local Net Tax Net Tax Net Tax Local Local CapturedJurisdiction Capacity (1) Tax Rate Capacity (1) + Capacity = Capacity Tax Rate (*) Tax Rate (*) N.T.C. (*)City of Lino Lakes 17,063,470 46.019% 17,063,470 $259,407 17,322,877 45.330% 0.689% 117,589Anoka County 265,016,460 38.894% 265,016,460 259,407 265,275,867 38.856% 0.038% 100,795ISD # 12 25,985,579 36.426% 25,985,579 259,407 26,244,986 36.066% 0.360% 93,558 Other (2) --- 6.405% --- 259,407 --- 6.405% --- --- Totals 127.744% 126.657% 1.087% * Statement 1: If the projected Retained Captured Net Tax Capacity of the TIF District was hypothetically available to each ofthe taxing jurisdictions above, the result would be a lower local tax rate (see Hypothetical Adjusted Tax Rate above)which would produce the same amount of taxes for each taxing jurisdiction. In such a case, the total local tax ratewould decrease by 1.087% (see Hypothetical Decrease in Local Tax Rate above). The hypothetical tax that theRetained Captured Net Tax Capacity of the TIF District would generate is also shown above.Statement 2: Since the projected Retained Captured Net Tax Capacity of the TIF District is not available to the taxing jurisdictions,then there is no impact on taxes levied or local tax rates. (1) Taxable net tax capacity = total net tax capacity - captured TIF - fiscal disparity contribution, if applicable. (2) The impact on these taxing jurisdictions is negligible since they represent only 5.01% of the total tax rate.
Exhibit V
SPRINGSTED Page 19
Market Value Analysis Report
City of Lino Lakes, Minnesota
Tax Increment Financing (Economic Development) District No. 1-12
Clearwater Creek Business Park Project
TIF Plan Exhibits: Based on EMV of $18.2M - Construct 2016-2017
Assumptions
Present Value Date 06/30/16
P.V. Rate - Gross T.I. 4.00%
Increase in EMV With TIF District $20,782,140
Less: P.V of Gross Tax Increment 2,025,557
Subtotal $18,756,583
Less: Increase in EMV Without TIF 0
Difference $18,756,583
Annual Present
Gross Tax Value @
Year Increment 4.00%
1 2018 139,792 127,971
2 2019 287,797 253,327
3 2020 293,659 248,545
4 2021 299,638 243,851
5 2022 305,738 239,246
6 2023 311,959 234,725
7 2024 318,304 230,287
8 2025 324,777 225,933
9 2026 331,378 221,659
$2,613,066 $2,025,557
483508v2 JAE LN140-116
DEVELOPMENT PROGRAM
DEVELOPMENT DISTRICT NO. 1
LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY
Date Modified: July 25, 2016
This document drafted by:
KENNEDY & GRAVEN, CHARTERED
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612) 337-9300
483508v2 JAE LN140-116
TABLE OF CONTENTS
Page
MODIFIED DEVELOPMENT DISTRICT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1
Subsection A. Definitions ......................................................................................................... 1
Subsection B. Statutory Authority ........................................................................................... 2
Subsection C. Statement of Public Purpose ............................................................................ 2
Subsection D. Statement of Objectives .................................................................................... 2
Subsection E. Environmental Controls ................................................................................... 3
Subsection F. Open Space to be Created ................................................................................ 3
Subsection G. Public Facilities to be Constructed .................................................................. 3
Subsection H. Proposed Reuse of Property ............................................................................. 3
Subsection I. Development District Financing ...................................................................... 4
Subsection J. Relocation ........................................................................................................ 4
Subsection K. Administration of Development District ......................................................... 4
Subsection L. Map of Development District .......................................................................... 4
483508v2 JAE LN140-116
MODIFIED DEVELOPMENT DISTRICT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1
A. Definitions
For the purposes of the modified Program for Development District No. 1 the following
terms shall have the meanings specified below, unless the context otherwise requires:
“Administrative Expenses” means all expenditures of the Authority other than amounts paid
for the purchase of land or amounts paid to contractors or others providing materials and services,
including architectural and engineering services, directly connected with the physical development
of real property in the District, relocation benefits paid to or services provided for persons residing
or businesses located in the District, or amounts used to pay interest on, fund a reserve for, or sell at
a discount bonds issued pursuant to section 469.178 of the TIF Act. Administrative Expenses
includes amounts paid for services provided by bond counsel, fiscal consultants and planning or
economic development consultants;
“Administrator” means the executive director of the Authority or his or her designee;
“Authority” or “EDA” means the Lino Lakes Economic Development Authority, a public
body corporate and politic under the laws of Minnesota;
“City” means the City of Lino Lakes, a municipal corporation under the laws of Minnesota;
“City Council” or “Council” means the Lino Lakes City Council;
“City Development District Act” means Minnesota Statutes, sections 469.124 through
469.134, as amended;
“Comprehensive Plan” means the City's objectives, policies, standards and programs to
guide public and private land use, development, redevelopment and preservation for all lands and
water within the City;
“County” means Anoka County, Minnesota;
“Development District” or “District” means Development District No. 1, which was
established in 1987 by the City and is now under the control of the Authority;
“Development District Program” or “Program” means the Program for Development
District No. 1, which was adopted on January 26, 1987, as modified from time to time thereafter.
“EDA Act” means Minnesota Statutes, sections 469.090 through 469.108, as amended;
“Special Law” means 2011 Minnesota Laws, Ch. 112, Art. 11, Section 18.
“State” means the State of Minnesota;
483508v2 JAE LN140-116
“Tax Increment Bonds” means any general obligation or revenue tax increment bonds or
notes issued by the Authority or the City to finance the public costs associated with Development
District No. 1 as stated in the modified Program or in the Plan for any of the tax increment financing
districts within Development District No. 1 or any obligations issued to refund any Tax Increment
Bonds, and including any interfund loans or advances within the meaning of the TIF Act;
“Tax Increment Financing Act” or “TIF Act” means Minnesota Statutes, sections 469.174
through 469.1794, as amended;
“Tax Increment Financing District” or “TIF District” means any tax increment financing
district established or to be established within Development District No. 1 pursuant to the TIF Act;
and
“Tax Increment Financing Plan” or “Plan” means the Plan for any of the TIF Districts
within the Development District.
B. Statutory Authority
The Authority has determined that it is necessary, desirable and in the public interest to
modify the Program for Development District No. 1, pursuant to the provisions of the EDA Act and
the City Development District Act. The Authority has also determined that funding for the
necessary activities and improvements in Development District No. 1 will continue to be
accomplished in part or in whole through tax increment financing in accordance with the TIF Act.
C. Statement of Public Purpose
The Authority has previously determined there to be a need to offer assistance to encourage
development of the area of the community established as Development District No. 1 in order to
increase employment opportunities, improve the tax base and improve the general economy of Lino
Lakes and the State. The City established the Development District on January 26, 1987, and
subsequently transferred control and administration of the District to the Authority. The boundaries
of the Development District were most recently expanded on April 28, 1997 in connection with the
establishment of TIF District No. 1-8.
Within the District, the City and/or Authority have previously created eleven TIF Districts. The
purpose of this modification of the Program is to acknowledge the Authority’s intent to establish
TIF District No. 1-12 and to create a TIF Plan therefor in order to assist with the development of an
approximate 402,000 square foot warehouse and distribution facility with associated office space.
Another purpose of this modification of the Program is to modify the boundaries of Development
District to be coterminous with the corporate limits of the City.
D. Statement of Objectives
The Authority will continue to seek to achieve the following objectives through the
modified Development District Program:
483508v2 JAE LN140-116
1. promote and secure the prompt development of property in Development District
No. 1 in a manner consistent with the Comprehensive Plan and with minimal
adverse impact on the environment, which property is currently less productive
because of the lack of proper utilization and lack of investment, thus promoting and
securing the development of other land in Lino Lakes;
2. encourage additional employment opportunities within Development District No. 1
and Lino Lakes for residents of the community and the surrounding area, thereby
improving living standards and preventing unemployment and the loss of skilled
labor and other human resources in the area;
3. secure the increase of property subject to taxation by the City, County, school
districts and other taxing jurisdictions in order to better enable such entities to pay
for public improvements and governmental services and programs required to be
provided by them;
4. secure the construction and provide moneys for the payment of the public costs
within Development District No. 1 which are necessary for the orderly and
beneficial development of the Development District;
5. promote the concentration of appropriate uses and related development within
Development District No. 1 in order to maintain the area in a manner compatible
with its highest and best use; and
6. encourage development within the District which is aesthetically pleasing and which
creates a positive visual image of the community.
7. promote redevelopment of property that is occupied by substandard buildings, which
will foster revitalization of that property, increase tax base, and facilitate
development of a range of housing types and commercial services in Development
District No. 1.
E. Environmental Controls
It is not anticipated that any development within the Development District will present
major environmental concerns. All actions by the Authority, public improvements and private
development will be carried out in compliance with applicable environmental standards.
F. Open Space to be Created
Any open space within the Development District will be created in accordance with the
development controls of the Authority and will be adequate for the needs of the residents of the
community.
483508v2 JAE LN140-116
G. Public Facilities to be Constructed
All public facilities constructed within the Development District will be financially feasible
and compatible with the City's long range development plans.
H. Proposed Reuse of Property
The Authority may acquire property within Development District No. 1 in order to resell the
land to a developer. Property within the Development District will be reused in accordance with the
City's ordinances and Comprehensive Plan as well as with this modified Program and the TIF Plan
for TIF District No. 1-12 or the Plan for any other tax increment financing district within
Development District No. 1.
I. Development District Financing
Within Development District No. 1, the Authority will establish TIF District No. 1-12 to
help finance a portion of the site development and offsite public infrastructure improvement costs
associated with the construction of an approximate 402,000 square foot warehouse and distribution
facility to be developed within the amended boundaries of the Development District.
Public development costs for TIF District No. 1-12 and for all previously established TIF
Districts within the Development Project are expected to be paid primarily through pledged tax
increment. For detailed development and financing plans for each TIF District, refer to the
individual TIF Plan for the relevant TIF District.
J. Relocation
In establishing TIF Districts, Authority may find it necessary to pay for relocation for
individuals or businesses displaced by public action. The Authority accepts its responsibility for
providing for relocation pursuant to section 469.133 of the City Development District Act. If
relocation is necessary, provisions will be made in accordance with Minnesota Statutes, sections
117.50 through 117.56, as amended.
K. Administration of Development District
Maintenance and operation of the public improvements is the responsibility of the
Administrator of Development District No. 1. Each year the Administrator will submit to the
Authority the maintenance and operation budget for the following year. The Administrator will
administer the Development District pursuant to the provisions of section 469.131 of the City
Development District Act; provided, however, that such powers may only be exercised at the
direction of the Authority. No action taken by the Administrator shall be effective without
authorization by the Authority. The Authority has not and does not anticipate the need to create an
advisory board to advise the Authority on the planning, construction or implementation of the
activities and improvements outlined in the Development Program.
483508v2 JAE LN140-116
L. Map of Development District
A map of the boundaries, as amended, of Development District No. 1 is attached to this
modified Program as Exhibit A, which is incorporated herein by reference.
483508v2 JAE LN140-116
EXHIBIT A
483508v2 JAE LN140-116
MAP OF DEVELOPMENT DISTRICT NO. 1, AS AMENDED
1
CITY COUNCIL
AGENDA ITEM 6A
STAFF ORIGINATOR: Kendra Lindahl, Landform
MEETING DATE: July 25, 2016
TOPIC: Clearwater Creek Business Park PUD
ii.Consider First Reading of Ordinance No. 07-16, Rezoning
Certain Real Property from LI, Light Industrial to PUD,
Planned Unit Development
iii.Consider Resolution No. 16-76, Approving Development
Stage Plan and Preliminary Plat, Clearwater Creek
Business Park
VOTE REQUIRED: 3/5
INTRODUCTION
The applicant has submitted a land use application for a Rezoning to Planned Unit Development
(PUD) and PUD Development Stage/Preliminary Plat review. The proposed development is for
Clearwater Creek Business Park located in the northeast quadrant of Cedar Street and 21st
Avenue. I-35E is the eastern border of the site.
The 56.45 acre site is bisected by Judicial Ditch No. 3 (Clearwater Creek), which separates the
northern third of the site from the remainder. The applicant is proposing to create 1 lot and 2
outlots. Lot 1 would be developed with a 402,552 square foot distribution center and the outlots
would be available for future development.
The Land Use Applications are:
•Rezone property from Light Industrial (LI) to Planned Unit Development (PUD) for Lot
1, Block 1
•
•PUD Development Stage Plan/Preliminary Plat
BACKGROUND
The Planning & Zoning staff reports dated June 8, 2016 and July 13, 2016 details the project
(attached). The project is generally consistent with the Comprehensive Plan, the AUAR and City
ordinances.
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Rezoning
The property shown as Lot 1, Block 1 is currently zoned LI, Light Industrial and shall be rezoned
to PUD, Planned Unit Development. Council Ordinance No. 07-16 details the findings of fact
regarding the rezoning.
PUD Development Stage Plan/Preliminary Plat
The PUD Development Stage Plan/Preliminary Plat is consistent with the goals and policies of
the comprehensive plan. The preliminary plat complies with the subdivision ordinance.
Council Resolution No. 16-76 details the findings of fact regarding the PUD Development
Stage Plan/Preliminary Plat.
RECOMMENDATION
The Planning & Zoning Board held a public hearing on June 8, 2016 and continued the hearing
to the July 13, 2016 meeting. The Board voted unanimously to recommend approval of the
request.
The Board and staff recommend approval of the Rezoning to PUD for Lot 1 and the PUD
Development Stage Plan/Preliminary Plat for Clearwater Creek Business Park, subject to the
conditions listed in Resolution No. 16-73.
ATTACHMENTS
1. Planning & Zoning Board staff report dated June 8, 2016
2. Planning & Zoning Board staff report dated July 13, 2016
3. Ordinance No. 07-16
4. Resolution No. 16-76
1
PLANNING & ZONING BOARD
AGENDA ITEM 5C
STAFF ORIGINATOR: Kendra Lindahl, Landform
P & Z MEETING DATE: June 8, 2016
REQUEST: PUBLIC HEARING: Clearwater Creek Business Park-United
Properties Distribution Facility Rezoning and PUD Development
Stage Plan/Preliminary Plat
CASE NUMBER: RZ2016-002, PD2016-003 and PP2016-004
APPLICANTS: United Properties Distribution
3600 American Blvd W #750
Bloomington, MN 55401
OWNERS: Rehbein Properties
REVIEW SCHEDULE:
Complete Application Date: May 16, 2016
Environmental Board Meeting: June 29, 2016
EDAC Meeting: June 2, 2016
Park Board Meeting: N/A
P & Z Board Meeting: June 8, 2016 and
July 13, 2016
City Council Work Session August 1, 2016
City Council Meeting: August 8, 2016
60-Day Review Date: July 15, 2016
60-Day Extension: September 13, 2016
BACKGROUND
The applicant has submitted a land use application for a Rezoning to Planned Unit Development
(PUD) and PUD Development Stage/Preliminary Plat review. The proposed development is for
Clearwater Creek Business Center located in the northeast quadrant of Cedar Street and 21st
Avenue. I-35E is the eastern border of the site.
The 56.45 acre site is bisected by Judicial Ditch No. 3 (Clearwater Creek), which separates the
northern third of the site from the remainder. The applicant is proposing to create 1 lot and 2
outlots. Lot 1 would be developed with a 402,000 square foot distribution center and the outlots
would be available for future development.
2
The Land Use Applications are:
• Rezone property from General Business (GB) and Light Industrial (LI) to Planned Unit
Development (PUD)
• PUD Development Stage Plan/Preliminary Plat
ANALYSIS
Existing Site Conditions
The survey shows the Judicial Ditch No. 3 (Clearwater Creek) and adjacent floodplain. There
appear to be numerous wetlands on site, a wetland delineation has been submitted. There are a
number of wetlands scattered throughout the site and many of those are shown as being impacted
by improvements.
The site is relatively flat and is primarily cultivated fields. There are small wooded areas in the
southwest corner, adjacent to the ditch and within the wetlands.
Xcel Energy has an easement across the south portion of the site for an electric transmission line.
There is an existing billboard (off-premise sign) in the northeast portion of the site. Off-premise
signs are prohibited by Section 1010 of the City Code. This appears to be a legal, non-
conforming sign, which is allowed to remain.
A lift station is located in an easement in the northwest portion of the site.
Land Use and Zoning
The property north of JD 3 is guided Commercial on the 2030 Future Land Use Map and zoned
General Business. The property south of JD 3 is guided Industrial and zoned Light Industrial.
The applicant is requesting approval of a PUD to allow flexibility from some of the Industrial
standards. This is discussed later in the staff report.
Parks, Trails, Open Space and Recreation
The parks chapter of the Comprehensive Plan has no parks or off-road trails planned on or
adjacent to this property. Park dedication would be cash in lieu of land for this site. The park
dedication fees will be due with the final plat. Current fees are $2,175.00/acre.
Transportation Plan
Goals of the Transportation Plan include providing connectivity, improving traffic flow, ensuring
safety and street maintenance and coordinating transportation systems with adjacent
jurisdictions. The site was included in the I-35E Corridor AUAR, which included a number of
planned improvements as development occurs.
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The plans show an extension of 21st Avenue south to Cedar Street. The City has spoken to the
applicant and has asked that 21st Avenue be extended to serve the site, but that the connection to
Cedar Street not be made until Cedar is improved. The plans generally show dedication of 40
feet of right-of-way (ROW) for 21st Avenue and 33 feet of right-of-way for Cedar Street. A 40
foot ½ ROW is required for Cedar Street. However, the plans show an exception within the 40
foot ½ ROW on the northern portion of 21st Avenue. This appears to be an issue with the title
work and must be corrected to ensure that the ROW is dedicated to the city with clear title.
The applicant provided a traffic study but the analysis not address the AUAR requirements to
ensure that the planned improvements to 21st Avenue would be adequate to support the project in
advance of the planned connections to Cedar Avenue and Fairview.
The applicant has indicated that they wish to construct 21st Avenue as part of this project. The
applicant will be responsible for obtaining the full 80 feet of right-of-way and any necessary
easements. A 40-foot ½ right-of-way will be required to be platted with this project and the
applicant must obtain a 40-foot easement for streets, drainage and utilities on the Centerville side
of the street. The street project will include a crossing over JD3, wetland impacts and floodplain
impacts. The applicant will be responsible for obtaining these permits. The City Engineer’s
memo notes that additional information is required to facilitate these permits.
The site plan shows two new accesses for Lot 1. The southern access straddles the lot line
between Lot 1 and Outlot B. An access easement agreement between the affected properties
must be provide to allow this shared access.
The applicant should provide turning radius exhibits to show that the vehicles can maneuver
through the site to the docks and to the storage areas.
Staff finds that the single access via 21st Avenue would be adequate for the development of Lot 1
and a secondary access is not required.
Floodplain
A portion of the site (primarily adjacent to JD3) is in the FEMA floodplain. Section 1103 of the
City Code provides standards for development in the floodplain. While it does not appear that
development of Lot 1 will impact the floodplain, the required improvements to 21st Avenue will
have flood impacts that will require mitigation. The applicant must provide more information,
including a Letter of Map Revision and an exhibit showing no net fill, for review and approval.
Wetlands
There are number of wetlands delineated on site and in the area where the 21st Avenue
improvements are planned. It appears that there are wetland impacts from the street project and
the development on Lot 1. The Rice Creek Watershed District (RCWD) is the LGU for the
Wetland Conservation Act. At the May 31st meeting with the city and RCWD, the applicant
indicated that they intended to prepare a full watershed application on June 6th for a July 27th
RCWD board review.
4
Sanitary Sewer and Water
Municipal water is available in 21st Avenue and will be extended to the site. Sanitary sewer will
be extended north from Cedar Avenue.
This infrastructure must be coordinated with the planned construction of 21st Avenue. The City
Engineer’s memo included detailed comments and requirements.
Zoning
The property north of JD 3 is zoned General Business, the property south of JD 3 is zoned Light
Industrial and will be rezoned to PUD-Planned Unit Development. The PUD development
process implements the goals and policies of the comprehensive plan by promoting a desirable
and creative environment that might be prevented through the strict application of City zoning
and subdivision regulations. The PUD would generally comply with the underlying zoning
standards:
LI standards GB standards Proposed Lot 1**
Min. Lot Size 1 acre 20,000 sq. ft. 27.85 acres
Min. Lot Width 100 feet 100 feet 2,647 feet
Setbacks
Front – building
50 feet from
collector/Arterial
30 feet from local street
40 feet from
collector/Arterial
30 feet from local street
83 feet
Front – parking 15 feet 15 feet 15 feet
Rear – building 15 feet 30 feet N/A
Rear – parking 5 feet 10 feet N/A
Side – building 10 feet 10 feet
Side –parking 5 feet 10 feet 35 feet
From property
guided
residential
75 feet 35 feet 115 feet
Landscape Buffer
40 feet on side/rear lot
abutting ROW or
residential /commercial
guided property
N/A
Not Provided. Required
on North, West and
East of Lot 1.
Max. building
height 45 feet* 45 feet 36
Max. impervious 75% 75% 65.8%
*except as allowed by §1007.043
**Lot 1 setbacks are based on the site plan received May 16, 2016. If the ROW increases, the setbacks will be
affected.
5
Outside Storage
The proposed warehouse distribution center is a permitted use in the LI district. As part of this
request, the distribution center is showing outside storage of trailers. The trailers would park at
the loading docks and the plans also show longer term parking/storage areas for trailers on site.
Open and outdoor storage (not outdoor sales lots) are allowed only if they meet the following
standards:
1. The designated storage area shall comply with all building setback requirements for the
district. Outside storage is prohibited between the principal structure and any public
right-of-way.
The site complies.
2. The storage area is landscaped and screened from view of adjacent uses and public
rights-of-way via a fence and greenbelt planting strip, in accordance with §1007.043
(17)(f) of this Ordinance.
The plans show a security fence but no details are provided. It is unclear whether or not
the fence will provide any screening. The applicant shall provide more detailed
information. The proposed landscaping does not appear to meet these requirements. The
applicant should evaluate the species and ensure that full screening of the outside storage
areas are provided. Cross sections should be provided to show compliance.
3. The entire storage area is fenced and secured in an appropriate manner.
The plans show a security fence but no details are provided. It is unclear whether or not
the fence will provide the required security.
4. The storage area is blacktopped or concrete surfaced, unless an alternative wear-
resistant material is determined by the City Engineer to be suitable to control dust and
drainage and is specifically approved by the City Council.
The storage area on the south side of the building and the future storage area on the north
appear to be planned as bituminous pavement with curb and gutter. Detailed information
must be provided for review.
5. The storage area does not take up parking space or loading space as required for
conformity to this Ordinance and is not located in the front yard.
The storage area does not take up parking or loading space.
6. The property shall not abut I-35W or I-35E.
The property does abut I-35E and the PUD is requested to allow flexibility from this
requirement.
6
7. The ratio of storage area to building footprint shall not exceed 2.5:1.
8. All parking, loading and truck staging activities shall occur on site. On-street parking
and loading associated with the use is prohibited.
9. Storage shall not include material considered hazardous under Federal or State
Environmental Law.
Additional information should be provided by the applicant to confirm this, but it is
staff’s understanding that the storage is area of for empty trailers waiting to be loaded.
General Design and Construction Standards
Architecture
Section 1007.043 provides architectural standards for commercial and industrial buildings.
Specifically:
1. All sides of the principal and accessory structures are to have essentially the same or a
coordinated harmonious finish treatment pursuant to §1007.043 (2) of this Ordinance.
The plans show only a principal building at this time. Any accessory structures must be
shown on the plans and must be compatible.
2. Exterior wall surfaces may be a combination of materials including brick, stucco, EFIS
(exterior finish insulation system), textured, colored or decoratively finished pre-cast or
poured-in-place concrete panel, textured concrete masonry units, natural stone,
manufactured stone, transparent, tinted or low-reflective glass, or decorative metal
cladding.
The building complies with this standard.
3. Stucco or EFIS shall constitute no more than thirty (30) percent of the primary, front
building elevation, and no more than sixty (60) percent of any side or rear building
elevation. Stucco or EFIS shall not extend closer than three (3) feet to the ground plane.
The building is precast concrete panels. No EFIS or stucco is proposed.
4. Decorative metal cladding refers to decorative, metal cladding systems such as copper,
zinc, titanium, stainless steel and painted steel components fixed to the outside of the
primary wall system. Complete or partial buildings comprised of structural metal wall
panel systems that act as the primary wall system, or as a complete wall system such as
pole barns or similar structures common to agricultural or industrial storage uses are
prohibited.
7
N/A
5. Buildings shall have a well-defined base, middle and top. The base should appear
visually distinct from the middle and top part (cornice) of the building through the use of
a change in building materials, color, window shape or size, an intermediate cornice
line, sign band, an awning, or similar techniques.
The plans generally show compliance but material samples must be provided. Elevations
should be provided for the street facing elevations (east and west) as well as the
submitted rendering for the north and south.
6. Earth tone colors of exterior materials shall be required. “Earth tone colors” shall be
defined as any various soft colors like those found in nature in soil, vegetation, etc. Such
colors are limited to various shades or tints of brown, black, gray, tan, beige, brick red,
soft green, soft blue, or white.
The plans show gray, gold and white elevations, which complies with ordinance
standards.
7. Ten (10) percent of the building facade may contain contrasting colors. Contrasting
colors shall be those colors not defined as earth tones.
The proposed gold accent meets this requirement.
8. All mechanical equipment, such as air handling units located anywhere on the property,
including rooftop equipment, shall be screened from view from adjacent streets, public
rights of way, and adjacent properties.
No mechanical equipment is shown. Additional information must be provided to show
compliance.
9. Where a site abuts a residential property, the location of air handling and other
equipment must take into account the potential for noise and other impacts on the
residential property.
While Lot 1 is not adjacent to residential property, there is no other building to provide a
transitions or buffers until Outlot B is developed. The developer’s plans should indicate
where this equipment will be located.
Trash/Recycling
The plans must be revised to show trash/recycling areas. The ordinance requires all refuse,
recyclable materials, and necessary handling equipment including but not limited to garbage
cans, recycling bins and dumpsters shall be stored within the principal structure, within an
accessory building, or totally screened from eye level view from all neighboring uses and the
8
public right-of-way. Exterior storage of refuse and recyclable material shall require the
following:
1. Exterior wall or fence treatment shall be similar and/or complement the principal
building.
2. The enclosed trash and/or recycling receptacle area shall be located in the rear or side
yard and shall observe all applicable setback requirements and easements.
3. The trash and/or recycling enclosure must be in an accessible location for pick up hauling
vehicles.
4. The trash and/or recycling receptacles must be fully screened from view of adjacent
properties and the public right-of-way by a fence or wall of at least six (6) feet in height
and a minimum opaqueness of eighty (80) percent.
Parking
The Code requires 201 stalls for this 402,000 square foot building. The plans show only 128
parking stalls. The site plan shows 148 proof of parking stalls (120 near 21st Avenue and 24
adjacent to I-35E). The ordinance allows the City to approve a parking reduction if the applicant
can demonstrate that the use will have a peak parking demand less than the required parking. The
applicant must provide information to support this request.
The parking stall meet or exceed the ordinance dimensional requirement for stalls, which require
a minimum of 9’ x 18’ with a 24’ wide drive aisle. The parking areas are screened as required by
ordinance.
Lighting
The Zoning Code regulates outdoor lighting. A photometric plan must be submitted to the City to
ensure compliance with the ordinance standards:
1. Any lighting used to illuminate a structure, an off-street parking area, or other area shall be
arranged so as to deflect light away from any adjoining residential property or from any
public right-of-way. All lighting shall be installed in accordance with the following
provisions:
a. The luminaire shall contain a cutoff which directs and cuts off the light at an angle of
ninety (90) degrees or less.
b. Light sources shall not be permitted so as to light adjacent property in excess of the
maximum intensity defined in §1007.043 (6)(d) of this Ordinance.
c. Architectural/historical light fixtures that feature globes that are not shielded, or
lighting of entire facades or architectural features of a building may be approved by
9
the City Council. In no case shall the light affect adjacent property in excess of the
maximum intensity defined in §1007.043 (6)(d) of this Ordinance.
d. The maximum height of the fixture and pole above the ground grade permitted for
light sources is thirty (30) feet. A light source mounted on a building shall not exceed
the height of the building. In no case shall the height of a light source mounted on a
pole or on a building exceed the height limits of the zoning district in which the use is
located, unless allowed by conditional use permit.
e. The light source of an outdoor light fixture shall be set back a minimum of ten (10)
feet from a street right-of-way and five (5) feet from an interior side or rear lot line.
f. No light source shall be located on the roof unless said light enhances the
architectural features of the building and is approved by administrative permit.
g. The use of outdoor lighting for parking lots serving commercial and industrial
businesses shall be turned off one (1) hour after closing, except for approved security
lighting.
h. All illuminated on-premise signs for advertising purposes shall be turned off between
12:00 AM and sunrise except that said signs may be illuminated while the business
facility on the premise is open for service.
i. Direct or reflected glare from high temperature processes such as combustion or
welding shall not be visible from any adjoining property.
Subdivision Ordinance
Conformity with the Comprehensive Plan and Zoning Code
The preliminary plat is consistent with the district standards for the LI and GB districts as noted
above. However, additional right-of way is needed for Cedar Streets, which could require
modifications to the plan. As noted above, a 40-foot foot easement is required on the Centerville
side of 21st Avenue.
Blocks and Lots
The plan shows 1 lot and 2 outlots. Lot 1 is the 27.85 acres located south of JD 3 and is planned
as a 402,000 distribution center. Outlot A is 15.66 acres and is located north of JD 3. Outlot B is
10.07 acres and is directly north of Cedar Street.
Easements
Standard drainage and utility easements at least 10 feet wide are provided along all lot lines.
Drainage and utility easements shall also be dedicated for wetlands and 10 feet above the high
water level over stormwater drainage ponds. Drainage and utility easements are also shown as
being dedicated over JD 3. A minimum 50-foot conservation easement shall be provided on both
sides of the creek, the easement on the north shall be provided when Outlot A is platted as a lot.
10
Additionally, this conservation easement should cover the area between the stormwater pond on
Lot 1 and creek. Mitigation will be allowed in this conservation easement area. An Xcel
easement extends across the southern portion of Outlot B.
Storm Water Management and Erosion and Sediment Control
The plans show a new stormwater pond in the northwest corner site draining into JD 3. The City
Engineer’s memo has several comments regarding this plan that must be addressed.
Utilities
Public water, sanitary and storm sewer utilities will be installed within the development. The
City Engineers memo has several comments that must be addressed.
Tree Preservation
The goal of tree preservation is to minimize unnecessary loss of habitat, biodiversity and forest
resource and to replace removed trees in areas where tree cover is most critical. There limited
trees on site, and it appears that many of those could be preserved. The applicant should provide
a detailed tree preservation plan to ensure compliance with the ordinance.
The Environmental Coordinator will review the Tree Preservation Plan and make suggestions for
removal of hazardous or unhealthy trees.
Landscaping
The proposed landscape plan meets the minimum number of trees and shrubs required by
ordinance. However, staff has concerns about the species chosen and the Environmental
Coordinator will provide detailed comments as part of the Environmental Board review on June
29th.
Where screening is required, the code suggest that a combination of landscaping and berms be
used to provide screening. The PUD flexibility is requested to allow outside storage adjacent to
I-35E and we would like to see a more comprehensive screening plan to screen the outside
storage from I-35E, 21st Avenue and the residential area south of Cedar Avenue. A staggered
double row of trees and/or fencing or berming could be used to increase this screen. All
continuous year round planting screens shall require at a minimum a double row of plants with
triangulated spacing. Planting plans shall include species which are sized to appropriately screen
visibility within five years of planting. Small shrubs shall be a planted at a maximum interval of 3' on
center; medium shrubs shall be planted at a maximum interval of 4' on center; and large shrubs shall
be planted at a maximum interval of 6' on center unless; otherwise authorized by the City.
The applicant should provide a cross section or elevation showing the effectiveness of the
screen.
11
Alternative Urban Areawide Review (AUAR)
The site is within the 2005 I-35E Corridor AUAR environmental review boundary. The
AUAR was updated in June 2015. The site is generally in compliance with the land use options
evaluated in the AUAR. However, the AUAR includes a mitigation plan that assumes certain
improvements, including streets, floodplain, wetlands and creek impacts. The City Engineer
comment letter dated June 2, 2016 includes a number of comments about what is needed to show
compliance with the AUAR.
Next Steps
If the request is approved, the next step would be a land use application for PUD Final Plan/Final
Plat approval.
FINDINGS OF FACT
As noted in this report, the project is generally consistent with the land use and zoning
requirements for the site, but there are a number of significant issues that must be addressed prior
to approval. The following are Findings of Fact as related to the land use decisions for the
Rezoning and PUD Development Stage Plan/Preliminary Plat.
Section 1007.015 Administration: Amendments and Rezonings
The property is currently zoned R, Rural and R-BR, Rural-Business Reserve and shall be
rezoned to PUD-Planned Unit Development. Per Section 1007.015 (5), the Planning and
Zoning Board shall consider possible adverse effects of the proposed rezoning and its judgement
shall be based upon, but not limited to, the following factors:
1. The proposed action has been considered in relation to the specific policies and
provisions of and has been found to be consistent with the official City Comprehensive
Plan.
2. The proposed use is or will be compatible with present and future land uses of the area.
3. The proposed use conforms with all performance standards contained in §1007.024 of the
City Code.
Section 1007.024 PUD, Planned Unit Development
The applicant has not submitted a specific request for the areas where PUD flexibility is
requested, except to note that it is their desire to allow outside trailer storage adjacent to I-35E,
which is not allowed. The applicant should prepare a complete narrative describing the project,
the requested flexibility and the benefits of the project. The narrative should note how the project
complies with Section 1007.024(1) (PUD Purpose and Intent) which allows deviation from the
strict provisions of this Ordinance related to setbacks, heights, lot area, width and depths, yards,
etc., by conditional use permit or a mixture of uses by rezoning to a PUD District, is intended to
encourage:
12
1. A development pattern in harmony with the objectives of the Comprehensive Plan.
2. Innovations in development that address growing demands for all styles of economic
expansion, greater variety in type, design, architectural standards, and siting of
structures through the conservation and more efficient use of land in such
developments.
3. The preservation and enhancement of desirable site characteristics such as existing
vegetation, natural topography and geologic features and the prevention of soil
erosion.
4. A creative use of land and related physical development which allows a phased and
orderly transition of varying land uses in close proximity to each other.
5. An efficient use of land resulting in smaller networks of utilities and streets thereby
lowering development costs and public investments.
6. Promotion of a desirable and creative environment that might be prevented through
the strict application of City zoning and subdivision regulations.
RECOMMENDATION
Staff recommends continuation of the public hearing for Rezoning, PUD Development Stage
Plan/Preliminary Plat to allow further review of the project. Preliminary comments to be
addressed prior to next Planning & Zoning Board meeting were noted in this staff report and the
attached comments from the City Engineer and MnDOT.
ATTACHMENTS
1. City Engineer’s memo dated June 2, 2016
2. MnDOT letter dated June 2, 2016
3. Zoning Map
4. Future Land Use Map
5. Aerial location map
6. Sunde Survey received May 16, 2016
7. Sunde Preliminary Plat received May 16, 2016
8. Plowe Engineering plans (sheets C0 – C3.2) received May 16, 2016
9. Lampert Architects Plans (sheets A1 –A3.2, L1) received May 16, 2016
Building a legacy – your legacy. 701 Xenia Avenue South
Suite 300
Minneapolis, MN 55416
Tel: 763-541-4800
Fax: 763-541-1700
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wsbeng.com \\mspfsv02.lps.local\Studios\Active Projects\CLL16007 - Clearwater Creek Business Park in Lino Lakes MN\From Others (Original Data)\20160602 Engineering Review Lino Lakes United Properties.docx
Memorandum
To: Katie Larsen, City Planner
From: Diane Hankee PE, City Engineer
Date: June 2, 2016
Re: Clearwater Creek Business Park (United Properties Distribution)
Plan Review
WSB Project No. 2988-200
We have reviewed the Preliminary Plat documents dates and submitted on May 16, 2016 for
United Properties in Lino Lakes, MN prepared by Plowe Engineering, Inc. The following are
our review comments that should be responded to in writing by the applicant.
Reference the City’s 2016 General Specifications and Standard Detail Plates for Street and
Utility Construction with the Final Plat and plan submittal. Include all applicable City Standard
Detail Plates.
A. SITE PLAN REVIEW
GRADING, EROSION AND SEDIMENT CONTROL
1. The applicant is to submit a Stormwater Pollution Prevention Plan.
2. Benchmark elevation locations need to be shown on the grading plan.
3. Emergency overflow elevations for the proposed pond need to be shown on the plans.
4. The applicant is to submit a geotechnical evaluation of the site.
5. FEMA floodplain limits need to be included on the grading plans.
6. Existing and proposed contours and spot elevations need to be more legible.
7. Erosion control measures are not clearly identified. Reference City Standard Detail
GEN-16 (silt fence), GEN-17 (rock construction entrance), GEN-18 (sediment control
logs), and GEN-19 (inlet protection) for all erosion control measures
Ms. Katie Larsen
June 2, 2016
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8. Silt fence and/or sediment control logs need to be shown at all wetland locations where
construction is proposed and/or nearby and show silt fencing between proposed pond and
existing drainage channel where storm sewer is shown.
9. Identify seeding and restoration of disturbed areas.
10. Include HWL, NWL, and bottom elevation in pond detail.
11. Identify Gopher State One Call Ticket Number to verify all existing utilities are identified
on the plans.
12. General Notes updates:
• Update note 3 to identify the latest version of the City General Specifications and
Detail Plates dated 2016.
• Update note 4 to identify a minimum notification to the City Public Works of 72
hours (not 48).
13. Water Main Notes updates:
• Update note 2 to the following verbiage: Maintain 24-inch minimum vertical
clearance between sewer and water main crossings. Maintain 10-foot horizontal
clearance between water main and sewer.
• Update note 4 to remove the “if applicable” note.
14. Sanitary Sewer Notes updates:
• Add the following note: Sanitary sewer pipes to be joined to the sanitary
manholes with approved resilient rubber joint to make them gas tight or water
tight. Connections to existing sanitary manholes shall be core drilled.
15. Storm Sewer Notes updates:
• Update note 4 to include the following verbiage: All joints to be wrapped with
geotextile fabric (STR-11).
16. The project plans need to include Erosion Control Notes.
17. The applicant shall review the southwest corner of the north parking lot which may have
standing water as proposed.
18. Identify boulevard grades to verify minimum grade of 2% and maximum of 4:1 slopes.
19. Minimum bituminous surface grade of 1% NOT achieved at access road along the east
side of the building (0.5%) or along the north side of the building (0.85%).
Ms. Katie Larsen
June 2, 2016
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20. Include additional drainage arrows within south parking lot to verify slopes do not exceed
4%.
21. The applicant shall provide a typical section for the proposed parking lot /access.
STORMWATER MANAGEMENT
We reviewed the Stormwater Drainage Report for United Properties, dated May 16, 2016,
and provided by Plowe Engineering, Inc. and have the following comments:
1. Provide drainage area maps for existing and proposed conditions.
2. The HydroCAD total drainage areas between existing and proposed conditions do not
match.
3. The stormwater treatment basins shall be separate for the site and street impervious areas.
FLOODPLAIN
1. Project affects the FEMA floodplain. The applicant shall obtain a Letter of Map Revision
and provide the application to City.
1. The applicant shall provide an exhibit showing no net fill in the floodplain.
WETLANDS
Rice Creek Watershed District is the LGU to review and approve the wetland delineation.
Thus we have not reviewed for the Wetland Conservation Act (WCA).
1. The project proposed impacts to existing wetlands it is anticipated that a mitigation plan
will be required. The applicant will need to receive RCWD approval of wetland delineations
and buffers.
ENVIRONMENTAL
1. An AUAR was completed for the project area in 2005 and updated in 2015. The review
is being addressed by the City’s planning consultant. See the transportation section for
pertinent comments.
WATER SYSTEM
1. Gate valve, hydrants and fitting locations need to be labeled with station and offset.
2. The proposed hydrant spacing exceeds 300-foot minimum (greater than 500 feet) and
should be reviewed by the City’s Deputy Director of Fire.
Ms. Katie Larsen
June 2, 2016
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3. Extend the proposed watermain along the east and connect to the proposed watermain at
the north and south sides of the building to loop the system.
4. Include note that watermain including valves, fittings, hydrants, and appurtenances are to
be wrapped in polyethylene film.
5. Show horizontal separation on plans between sanitary sewer and watermain as 10’ min.
SANITARY SEWER SYSTEM
1. Possible conflicts include the storm sewer crossing near the connection of the sanitary
sewer and the building and at approximately 22+00 within the roadway.
2. A cleanout will need to be added between the connection of the 8-inch service and the
manhole to the west as the length of the service exceeds 70 feet.
3. Show the installation of tracer wire for sanitary service.
STORM SEWER SYSTEM
1. Provide storm sewer calculations and drainage area maps with your construction plan
submittal to verify the size of pipes and spacing of catch basins.
1. The storm pipe diameters, pipe lengths, and pipe grades need to be identified on the
plans.
2. The storm sewer is shallow throughout the project site. The applicant shall include City
Standard Detail Plate STR-2 and STR-10 regarding shallow pipe installation.
3. The applicant shall provide detail for Pond Outlet (weir) Structure.
B. PUBLIC ROADWAY REVIEW
GRADING, EROSION AND SEDIMENT CONTROL
Same comments as the site plan with the addition of:
1. The east side boulevard shall be graded to accommodate a future trail 2.5 feet behind the
curb. This should be included in the cross sections.
2. The roadway plans need to include a plan profile and cross sections every 50 feet and
identify boulevard grades to be minimum grade of 2% and maximum of 4:1 slopes.
STORMWATER MANAGEMENT
Same comments as the site plan with the addition of:
Ms. Katie Larsen
June 2, 2016
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1. Please address how existing western ditch flows along Fairview Avenue extension will be
accommodated along proposed 21st Avenue.
FLOODPLAIN
Same comments as the site plan with the addition of:
2. The proposed crossing over Clearwater Creek will need to accommodate the future
sidewalk/trail extension.
3. The proposed crossing will require a No-Rise Certificate submitted to the City in order to
document no change to the floodplain elevations.
WETLANDS
Same comments as the site plan with the addition of:
1. 21st Avenue is proposed to be a temporary cul du sac ending at the south parking lot. The
roadway would be extended down to Cedar Street in the future. As part of the future road
extension RCWD is requiring a wetland sequencing plan for the roadway alignment all
the way to Cedar. The applicant is to work through the process with the RCWD.
ENVIRONMENTAL
1. No additional comments.
WATER SYSTEM
1. Water main needs to be shown in plan and profile views.
2. Additional gate valves required east of wet tap into existing 16-inch water main. Verify
gate valve location outside of curb and gutter.
3. Include note that all watermain including valves, fittings, hydrants, and appurtenances is
to be wrapped in polyethylene film.
4. Include note that all fittings shall be ductile iron Class 350 compact fusion-bonded epoxy
coated.
SANITARY SEWER SYSTEM
1. The City’s minimum sanitary sewer depth is 7.5 feet. The proposed gravity sanitary
sewer is 2.2 feet deep and needs to be reviewed by the applicant as soon as possible.
2. The forcemain shall connect into the gravity system.
3. Sanitary sewer needs to be shown in plan and profile views.
Ms. Katie Larsen
June 2, 2016
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4. Duplicate SAN MH3 numbering at 16+30 and 20+30.
STORM SEWER SYSTEM
1. Provide storm sewer calculations and drainage area maps with your construction plan
submittal to verify the size of pipes and spacing of catch basins.
2. The storm pipe diameters, pipe lengths, and pipe grades need to be shown in plan and
profile views.
3. The storm sewer is shallow throughout the project site. See City Standard Detail Plate
STR-2 and STR-10 regarding shallow pipe installation.
4. The arch pipe crossing the proposed roadway should be identified as 122-inch Span Arch
Pipe (this is the appropriate 96-inch diameter equivalent). 122-inch span arch apron on
either side will need to have sheet piled end section and trash guard.
5. Minimum structure depth is 3.5 feet within roadway to avoid frost heaving. Grout below
invert to provide sufficient depth. Following structures to be updated: 305, 203, 307, and
309x.
TRANSPORTATION
1. A Traffic Review was prepared by Spack Consulting, dated May 16, 2016. The following
comment/questions should be addressed.
• The original AUAR analyzed three land use scenarios. For the proposed United
Property site all three scenarios assumed the same land use. Based on the maps
(Figures 6-2,6-3 and 6-4) in the AUAR the site was split 50% industrial and 50%
commercial. The AUAR further defines that the floor area ratio (FAR) is .25 for
commercial and industrial uses (Table 6-2 in AUAR). Therefore, the size of
development assumed in the AUAR for this 30 acre site was 163,350 sf of
industrial and 163,500 sf of commercial. The traffic analysis in the AUAR
(Section 21, Table 21-1) defines the assumptions used for each land use. The
traffic generation for the proposed site should be compared with these uses and
assumptions.
• The AUAR made assumptions for future roadway improvements/connections (i.e.
extending 21st Avenue to Cedar Street, a connection between 20th Avenue (CSAH
54) and 21st Avenue via Center Street, and improving Cedar Street to 20th Avenue
(CSAH 54)). If these improvements are not being completed, the review should
be updated to include an analysis and discussion on the associated traffic
increases and traffic impacts at the critical intersections on either 20th Avenue
(CSAH 54) and/or Main Street (CSAH 14).
Ms. Katie Larsen
June 2, 2016
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• Although a connection was assumed in the AUAR from 20th Avenue (CSAH 54)
to 21st Avenue it was not using Fairview Street. If a connection is proposed from
21st Avenue to 20th Avenue (CSAH 54) via Fairview Street, a discussion of the
potential impacts and mitigation at the 20th Avenue (CSAH 54) at Fairview Street
intersection should be included with the traffic review.
2. With the increase in heavy truck traffic, WB-62 truck turning templets should be
provided showing that these vehicles can circulate through the site; make turns into and
out of the site, and make turns at key intersections (21st Avenue at Fairview Street and
Fairview Street at 20th Avenue).
3. 21st Avenue is proposed to be a temporary cul du sac ending at the south parking lot. The
roadway would be extended down to Cedar Street in the future. Right of way shall be
platted at this time based on the approved wetland sequencing.
4. The intersection alignment at Cedar Street needs to be adjusted and the lane configuration
set so that thru lanes match from the 42 foot section (north side) to the 32 foot section
(south side).
DEVELOPMENT AGREEMENT
1. Required with final plat.
PERMITS
1. NPDES Construction General Permit
2. Rice Creek Watershed Permit
a. Rule C: Stormwater Management Plans
b. Rule D: Erosion and Sediment Control Plans
c. Rule E: Floodplain Alteration
d. Rule F: Wetland Alteration
e. Rule G: Crossings of Natural & Artificial Conveyance Systems
3. US Corps of Engineers Section 404 Permit
4. MDH for Water System
5. MPCA Sanitary Sewer Extension
6. MCES for connection into existing MCES line along Cedar Street.
If you or the applicant has any questions regarding these comments, please contact Diane
Hankee at (651) 982-2430 or diane.hankee@ci.lino-lakes.mn.us.
Minnesota Department of Transportation
Metropolitan District
Waters Edge Building
1500 County Road B2 West
Roseville, MN 55113
June 2, 2016
Katie Larsen
City Planner
City of Lino Lakes
600 Town Center Parkway
Lino Lakes, MN 55014
SUBJECT: Clearwater Creek Business Park
MnDOT Review #P16-030
SW Quad of I-35E and Main St.
Lino Lakes, Anoka County
Control Section 0282
Dear Ms. Larsen:
Thank you for the opportunity to review the Clearwater Creek Business Park plat. The
Minnesota Department of Transportation (MnDOT) has reviewed the plat in compliance with
Minnesota Statute 505.03, subdivision 2, Plats, and has the following comments:
Surveys and Right-of-Way:
Please address the following comments:
1. This area includes a combination of County Highway Right of Way (R/W) and MnDOT
Right of Way.
a. The information on the County Highway Right of Way Plat is not currently
MnDOT R/W.
b. Show the labels to differentiate between the MnDOT R/W and the County R/W.
2. There is a jog shown in the existing MnDOT R/W.
a. Please coordinate with the MnDOT Surveyor, Mark Beatty (contact information
below), for questions concerning the MnDOT R/W in this location.
3. MnDOT owns access control through this area.
a. ALL WORK, construction and future maintenance must stay on the property.
4. There are trees identified as being planted in the MnDOT R/W.
a. Please coordinate with Buck Craig (buck.craig@state.mn.us or 651-234-7911) in
our Permits Office as to whether or not these will be allowed.
5. PLEASE contact our Surveyor, Mark Beatty (mark.beatty@state.mn.us or 651-366-
4322), to confirm that the right of way for this plat is correctly showing the MnDOT
R/W.
If there are any questions, concerning these comments, please contact Matt Aguirre
(matt.aguirre@state.mn.us or 651-234-7599) in MnDOT’s Metro District Right of Way section.
Review Submittal Options:
MnDOT’s goal is to complete the review of plans within 30 days. Submittals sent in
electronically can usually be turned around faster. There are four submittal options. Please
submit either:
1. One (1) electronic pdf. version of the plans. MnDOT can accept the plans via e-mail
at metrodevreviews.dot@state.mn.us provided that each separate e-mail is under 20
megabytes.
2. Three (3) sets of full size plans. Although submitting seven sets of full size plans will
expedite the review process. Plans can be sent to:
MnDOT – Metro District Planning Section
Development Reviews Coordinator
1500 West County Road B-2
Roseville, MN 55113
3. One (1) compact disc.
4. Plans can also be submitted to MnDOT’s External FTP Site. Please send files to:
ftp://ftp2.dot.state.mn.us/pub/incoming/MetroWatersEdge/Planning Internet Explorer
doesn’t work using ftp so please use an FTP Client or your Windows Explorer (My
Computer). Also, please send a note to metrodevreviews.dot@state.mn.us indicating
that the plans have been submitted on the FTP site.
If you have any questions concerning this review please contact me at (651) 234-7793.
Sincerely,
Michael J. Corbett, PE
Principal Planner
Copy sent via E-Mail:
Buck Craig, Permits
Nancy Jacobson, Design
Bryce Fossand, Water Resources
Becky Parzyck, Right-of-Way
Dale Gade, Area Engineer
Gayle Gedstad, Traffic
Clare Lackey, Traffic
Mark Beatty, Survey
Larry Hoium, Anoka County Surveyor
Russell Owen, Metropolitan Council
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10009001800100130001200110023001600600210015002000140080019005001700400300240070022002002300220090080060050024002100200019001800170016001500140013001200110010007004003002001000City of Lino Lakes
Zoning District Map
Lino Lakes
Community Development
600 Town Center Parkway
Lino Lakes, Minnesota 55014
Phone (651) 982-2400
City of Shoreview City of North Oaks White Bear Township
City of Columbus
City of BlaineCity of HugoMarch 2015
Map Document: (S:\KO\L\Linol\Common\gis\Maps\Zoning_Plot.mxd)7/20/2011 -- 2:56:23 PM
Coordinate System:
Anoka County NAD83 Feet
Lambert Conformal Conic
Anoka County Parcel Data:
March 2015 Releaseoddevenodd
even
HOUSE NUMBERING SYSTEM
Legend
Parcels
City of Centerville
Streams
Lake
PDO Planned Development
Zoning
R Rural
R-X Rural Executive
R-1 Single Family Residential
R-1X Single Family Executive
R-2 Two Family Residential
R-3 Medium Density Residential
R-4 High Density Residential
R-6 Manufactured Home Park
NB Neighborhood Business
LB Limited Business
GB General Business
LI Light Industrial
GI General Industrial
R-BR Rural/Business Reserve
PSP Public Semi-Public
PUD
Maps are for illustrative purposes only.
Recent changes may not be included.
Land Use and Zoning Information
should be verified with City Staff.
02,0004,0001,000
DRAWING SCALE IN FEETCity of Circle Pines
3-13
Figure 3-3: 2030 Future Land Use Map
1
PLANNING & ZONING BOARD
AGENDA ITEM 5.B.
STAFF ORIGINATOR: Kendra Lindahl, Landform
P & Z MEETING DATE: July 13, 2016
REQUEST: PUBLIC HEARING CONTINUED: Clearwater Creek Business
Park-United Properties Distribution Facility Rezoning and PUD
Development Stage Plan/Preliminary Plat
CASE NUMBER: RZ2016-002, PD2016-003 and PP2016-004
APPLICANTS: United Properties Distribution
3600 American Blvd W #750
Bloomington, MN 55401
OWNERS: Rehbein Properties
REVIEW SCHEDULE:
Complete Application Date: May 16, 2016
Environmental Board Meeting: June 29, 2016
EDAC Meeting: June 2, 2016
Park Board Meeting: N/A
P & Z Board Meeting: June 8, 2016 and
July 13, 2016
City Council Work Session August 1, 2016
City Council Meeting: August 8, 2016
60-Day Review Date: July 15, 2016
60-Day Extension: September 13, 2016
BACKGROUND
The applicant has submitted a land use application for a Rezoning to Planned Unit Development
(PUD) and PUD Development Stage/Preliminary Plat review. The proposed development is for
Clearwater Creek Business Park located in the northeast quadrant of Cedar Street and 21st
Avenue. I-35E is the eastern border of the site.
The 56.45 acre site is bisected by Judicial Ditch No. 3 (Clearwater Creek), which separates the
northern third of the site from the remainder. The applicant is proposing to create 1 lot and 2
outlots. Lot 1 would be developed with a 402,552 square foot distribution center and the outlots
would be available for future development.
2
The Land Use Applications are:
• Rezone property from Light Industrial (LI) to Planned Unit Development (PUD) for Lot
1, Block 1
• PUD Development Stage Plan/Preliminary Plat
ANALYSIS
The Planning & Zoning staff report dated June 8, 2016 outlined the key issues related to the
project. The Planning & Zoning Board opened the public hearing. Other than the applicant, there
was no one present to speak on this item. Staff noted a number of outstanding issues that needed
to be addressed. The Board moved to continue the public hearing.
Following the Planning & Zoning Board meeting, the applicant revised the plans to address
many of the outstanding issues.
Transportation
Goals of the Transportation Plan include providing connectivity, improving traffic flow, ensuring
safety and street maintenance and coordinating transportation systems with adjacent
jurisdictions. The site was included in the I-35E Corridor AUAR, which included a number of
planned improvements as development occurs.
The plans show an extension of 21st Avenue south to Cedar Street. The applicant is proposing
that 21st Avenue be extended to serve the site, but that the connection to Cedar Street not be
made until Cedar is improved at a future date. The plans show dedication of 40 feet of right-of-
way (ROW) for 21st Avenue and 40 feet of right-of-way for Cedar Street as required.
The applicant has indicated that they wish to construct 21st Avenue to the north side of Outlot B
as part of this project. The applicant will be responsible for obtaining the full 80 feet of right-of-
way and any necessary easements. A 40-foot ½ right-of-way will be required to be platted with
this project and the applicant must obtain a 40-foot easement for streets, drainage and utilities on
the Centerville side of the street. The street project will include a crossing over JD3, wetland
impacts and floodplain impacts. The applicant will be responsible for obtaining these permits.
The City Engineer’s memo notes that additional information is required to facilitate these
permits.
The site plan shows two new accesses for Lot 1. The southern access straddles the lot line
between Lot 1 and Outlot B. An access easement agreement between the affected properties
must be provide to allow this shared access.
The applicant should provide turning radius exhibits to show that the vehicles can maneuver
through the site to the docks and to the storage areas.
Staff finds that the single access via 21st Avenue would be adequate for the development of Lot 1
and a secondary access is not required.
3
The applicant provided a traffic study dated June 27, 2016, which indicates that:
• When fully occupied, the proposed development is expected to generate approximately
1,575 daily trips including approximately 145 trips during the weekday a.m. peak hour
and 150 trips during the weekday p.m. peak hour.
• With the forecast 2018 traffic volumes including the traffic generated by the proposed
development, the study intersections are expected to operate acceptably during the peak
periods.
• No improvement to the study intersections are needed due to this development.
• Improvements from the AUAR for the area should continue to be planned for, but are not
needed with this development.
The City Engineer memo notes a number of traffic concerns that must be addressed by the
applicant prior to approval..
Floodplain
A portion of the site (primarily adjacent to JD3) is in the FEMA floodplain. Section 1103 of the
City Code provides standards for development in the floodplain. While it does not appear that
development of Lot 1 will impact the floodplain, the required improvements to 21st Avenue will
have flood impacts that will require mitigation. The applicant must provide more information,
including a Letter of Map Revision and an exhibit showing no net fill, for review and approval.
Wetlands
There are number of wetlands delineated on site and in the area where the 21st Avenue
improvements are planned. It appears that there are wetland impacts from the street project and
the development on Lot 1. The Rice Creek Watershed District (RCWD) is the LGU for the
Wetland Conservation Act. At the May 31st meeting with the city and RCWD, the applicant
indicated submitted a watershed application on June 6th for a tentative July 27th RCWD board
review.
Sanitary Sewer and Water
Municipal water is available in 21st Avenue and will be extended to the site. Sanitary sewer will
be extended north to Commerce Drive and connect to the existing gravity system near the lift
station.
This infrastructure must be coordinated with the planned construction of 21st Avenue. The City
Engineer’s memo included detailed comments and requirements.
Zoning
The property north of JD 3 is zoned General Business, the property south of JD 3 is zoned Light
Industrial and Lot 1 will be rezoned to PUD-Planned Unit Development. The PUD development
process implements the goals and policies of the comprehensive plan by promoting a desirable
4
and creative environment that might be prevented through the strict application of City zoning
and subdivision regulations. The PUD on Lot 1 would generally comply with the underlying LI
zoning standards:
LI standards GB standards Proposed Lot 1**
Min. Lot Size 1 acre 20,000 sq. ft. 27.85 acres
Min. Lot Width 100 feet 100 feet 2,647 feet
Setbacks
Front – building
50 feet from
collector/Arterial
30 feet from local street
40 feet from
collector/Arterial
30 feet from local street
83 feet
Front – parking 15 feet 15 feet 15 feet
Rear – building 15 feet 30 feet N/A
Rear – parking 5 feet 10 feet N/A
Side – building 10 feet 10 feet 210 feet on south
Side –parking 5 feet 10 feet 5 feet on south
From property
guided
residential
75 feet 35 feet 650+ feet
Landscape Buffer
40 feet on side/rear lot
abutting ROW or
residential /commercial
guided property
N/A
Not Provided. Required
on North, West and
East of Lot 1.
Max. building
height 45 feet* 45 feet 36
Max. impervious 75% 75% 64.8%
*except as allowed by §1007.043
**Lot 1 setbacks are based on the site plan received June 17, 2016. If the ROW increases, the setbacks will be
affected.
Outside Storage
The proposed warehouse distribution center is a permitted use in the LI district. As part of this
request, the distribution center is showing outside storage of trailers. The trailers would park at
the loading docks and the plans also show longer term parking/storage areas for trailers on site.
Open and outdoor storage (not outdoor sales lots) are allowed only if they meet the following
standards:
1. The designated storage area shall comply with all building setback requirements for the
district. Outside storage is prohibited between the principal structure and any public
right-of-way.
The site complies.
5
2. The storage area is landscaped and screened from view of adjacent uses and public
rights-of-way via a fence and greenbelt planting strip, in accordance with §1007.043
(17)(f) of this Ordinance.
The plans show a 6-foot high galvanized chain link security fence with gates. The fence
does not provide any of the required screening, but is supplemented with landscaping to
screen these areas.
3. The entire storage area is fenced and secured in an appropriate manner.
The site complies.
4. The storage area is blacktopped or concrete surfaced, unless an alternative wear-
resistant material is determined by the City Engineer to be suitable to control dust and
drainage and is specifically approved by the City Council.
The storage area on the south side of the building and the future storage area on the north
are planned as bituminous pavement with curb and gutter. The dock area shall be
concrete. Final curb details must be submitted for review and approval by the City
Engineer.
5. The storage area does not take up parking space or loading space as required for
conformity to this Ordinance and is not located in the front yard.
The storage area does not take up parking or loading space.
6. The property shall not abut I-35W or I-35E.
The property does abut I-35E and the PUD is requested to allow flexibility from this
requirement.
7. The ratio of storage area to building footprint shall not exceed 2.5:1.
The site complies.
8. All parking, loading and truck staging activities shall occur on site. On-street parking
and loading associated with the use is prohibited.
The site complies.
9. Storage shall not include material considered hazardous under Federal or State
Environmental Law.
Additional information should be provided by the applicant to confirm this, but it is
staff’s understanding that the storage is area of for empty trailers waiting to be loaded.
6
General Design and Construction Standards
Architecture
Section 1007.043 provides architectural standards for commercial and industrial buildings.
Specifically:
1. All sides of the principal and accessory structures are to have essentially the same or a
coordinated harmonious finish treatment pursuant to §1007.043 (2) of this Ordinance.
The submittal shows an 8’ x 10’ guard house, but the structure is not shown on the site
plan and no information about the exterior finish details are provided. The site plan must
show the location of the guard house to ensure setbacks would be met and material
details must be provided to ensure harmonious finish treatment.
2. Exterior wall surfaces may be a combination of materials including brick, stucco, EFIS
(exterior finish insulation system), textured, colored or decoratively finished pre-cast or
poured-in-place concrete panel, textured concrete masonry units, natural stone,
manufactured stone, transparent, tinted or low-reflective glass, or decorative metal
cladding.
The building complies with this standard.
3. Stucco or EFIS shall constitute no more than thirty (30) percent of the primary, front
building elevation, and no more than sixty (60) percent of any side or rear building
elevation. Stucco or EFIS shall not extend closer than three (3) feet to the ground plane.
The building is precast concrete panels. No EFIS or stucco is proposed.
4. Decorative metal cladding refers to decorative, metal cladding systems such as copper,
zinc, titanium, stainless steel and painted steel components fixed to the outside of the
primary wall system. Complete or partial buildings comprised of structural metal wall
panel systems that act as the primary wall system, or as a complete wall system such as
pole barns or similar structures common to agricultural or industrial storage uses are
prohibited.
N/A
5. Buildings shall have a well-defined base, middle and top. The base should appear
visually distinct from the middle and top part (cornice) of the building through the use of
a change in building materials, color, window shape or size, an intermediate cornice
line, sign band, an awning, or similar techniques.
The plans generally show compliance, but material samples must be provided.
7
6. Earth tone colors of exterior materials shall be required. “Earth tone colors” shall be
defined as any various soft colors like those found in nature in soil, vegetation, etc. Such
colors are limited to various shades or tints of brown, black, gray, tan, beige, brick red,
soft green, soft blue, or white.
The plans show gray, gold and white elevations, which complies with ordinance
standards.
7. Ten (10) percent of the building facade may contain contrasting colors. Contrasting
colors shall be those colors not defined as earth tones.
The proposed gold accent meets this requirement.
8. All mechanical equipment, such as air handling units located anywhere on the property,
including rooftop equipment, shall be screened from view from adjacent streets, public
rights of way, and adjacent properties.
The revised plans show rooftop mechanical equipment, which will be screened from
view. Final details must be provided with the final plans to ensure compliance.
9. Where a site abuts a residential property, the location of air handling and other
equipment must take into account the potential for noise and other impacts on the
residential property.
While Lot 1 is not adjacent to residential property, there is no other building to provide a
transitions or buffers until Outlot B is developed. The developer’s plans show most
mechanical equipment on the roof where it will be screened from view by parapets;
however, the generator and transformer are located on the south side of the building at
ground level. The proposed landscaping on site and the future building on Outlot B will
screen the equipment from the residential properties south of Cedar.
Trash/Recycling
The plans show trash/recycling areas on the south side of the building. The trash enclosure is
shown as a 6-foot high wood composite fence.
The ordinance requires all refuse, recyclable materials, and necessary handling equipment
including but not limited to garbage cans, recycling bins and dumpsters shall be stored within the
principal structure, within an accessory building, or totally screened from eye level view from all
neighboring uses and the public right-of-way. Exterior storage of refuse and recyclable material
shall require the following:
1. Exterior wall or fence treatment shall be similar and/or complement the principal
building.
8
Staff finds that the wood composite fencing does not comply with the intent of this
condition. While no material samples were provided, wood composite materials are not
similar to the concrete panels used in the building. The location of the trash is near the
front of the storage area. Staff recommends that the plans and elevations be revised to
provide a wall on the east and west side of the enclosure with a wood composite
fence/gate on the south.
2. The enclosed trash and/or recycling receptacle area shall be located in the rear or side
yard and shall observe all applicable setback requirements and easements.
Complies.
3. The trash and/or recycling enclosure must be in an accessible location for pick up
hauling vehicles.
Complies.
4. The trash and/or recycling receptacles must be fully screened from view of adjacent
properties and the public right-of-way by a fence or wall of at least six (6) feet in height
and a minimum opaqueness of eighty (80) percent.
Complies.
Parking
The Code requires 201 stalls for this 402,552 square foot building. The plans show 248 parking
stalls plus 134 proof of parking stalls (120 near 21st Avenue and 24 adjacent to I-35E).
The parking stall meet or exceed the ordinance dimensional requirement for stalls, which require
a minimum of 9’ x 18’ with a 24’ wide drive aisle. The parking areas are screened as required by
ordinance.
Lighting
The Zoning Code regulates outdoor lighting. The photometric plan must be updated and
submitted to the City to ensure compliance with the ordinance standards:
1. Any lighting used to illuminate a structure, an off-street parking area, or other area shall
be arranged so as to deflect light away from any adjoining residential property or from
any public right-of-way. All lighting shall be installed in accordance with the following
provisions:
a. The luminaire shall contain a cutoff which directs and cuts off the light at an
angle of ninety (90) degrees or less.
9
b. Light sources shall not be permitted so as to light adjacent property in excess of
the maximum intensity defined in §1007.043 (6)(d) of this Ordinance.
c. Architectural/historical light fixtures that feature globes that are not shielded, or
lighting of entire facades or architectural features of a building may be approved
by the City Council. In no case shall the light affect adjacent property in excess of
the maximum intensity defined in §1007.043 (6)(d) of this Ordinance.
d. The maximum height of the fixture and pole above the ground grade permitted for
light sources is thirty (30) feet. A light source mounted on a building shall not
exceed the height of the building. In no case shall the height of a light source
mounted on a pole or on a building exceed the height limits of the zoning district
in which the use is located, unless allowed by conditional use permit.
e. The light source of an outdoor light fixture shall be set back a minimum of ten
(10) feet from a street right-of-way and five (5) feet from an interior side or rear
lot line.
f. No light source shall be located on the roof unless said light enhances the
architectural features of the building and is approved by administrative permit.
g. The use of outdoor lighting for parking lots serving commercial and industrial
businesses shall be turned off one (1) hour after closing, except for approved
security lighting.
h. All illuminated on-premise signs for advertising purposes shall be turned off
between 12:00 AM and sunrise except that said signs may be illuminated while
the business facility on the premise is open for service.
i. Direct or reflected glare from high temperature processes such as combustion or
welding shall not be visible from any adjoining property.
The applicant did provide a photometric plan, but did not provide fixture details for the proposed
lighting. While the plan generally appears to be in compliance with ordinance standards, fixture
details must be provided.
Subdivision Ordinance
Conformity with the Comprehensive Plan and Zoning Code
The preliminary plat is consistent with the district standards for the LI and GB districts as noted
above. As noted above, the applicant is required to obtain the full right-of-way or easement for
21st Avenue.
10
Blocks and Lots
The plan shows 1 lot and 2 outlots. Lot 1 is the 27.85 acres located south of JD 3 and is planned
as a 402,552 distribution center. Outlot A is 15.66 acres and is located north of JD 3. Outlot B is
9.82 acres and is directly north of Cedar Street.
Easements
Standard drainage and utility easements at least 10 feet wide are provided along all lot lines.
Drainage and utility easements shall also be dedicated for wetlands and 10 feet above the high
water level over stormwater drainage ponds. Drainage and utility easements are also shown as
being dedicated over JD 3.
As part of the AUAR, a greenway corridor is planned through this property. A 50-foot
conservation easement is shown on Outlot A measured from the centerline of the ditch. In order
to comply with the intent of the AUAR, the easement shall be measured from the top of the bank.
The plans shall be revised accordingly.
The buffer along the creek shown on Lot 1 ranges from 20 feet to 150 feet in width and should
be a conservation easement. The buffer should be modified to include all of the area between the
creek, ponds and parking area. The future access road and parking area in the northeast corner of
the site will need to be modified to comply with these buffer requirements. Mitigation will be
allowed in this conservation easement area.
A future trail is shown within the 21st Avenue right-of-way and will be constructed at a later
date.
An Xcel easement extends across the southern portion of Outlot B.
Storm Water Management and Erosion and Sediment Control
The plans show a new stormwater pond in the northwest corner site draining into JD 3. The City
Engineer’s memo has several comments regarding this plan that must be addressed.
Utilities
Public water, sanitary and storm sewer utilities will be installed within the development. The
City Engineers memo has several comments that must be addressed.
Tree Preservation
The goal of tree preservation is to minimize unnecessary loss of habitat, biodiversity and forest
resource and to replace removed trees in areas where tree cover is most critical. There limited
trees on site, and it appears that many of those could be preserved. The applicant should provide
a detailed tree preservation plan to ensure compliance with the ordinance.
11
The Environmental Coordinator will review the Tree Preservation Plan and make suggestions for
removal of hazardous or unhealthy trees.
Landscaping
The proposed landscape plan meets the minimum number of trees and shrubs required by
ordinance.
Where screening is required, the code suggests that a combination of landscaping and berms be
used to provide screening. The PUD flexibility is requested to allow outside storage adjacent to
I-35E and the asked the applicant to provide more comprehensive screening plan to screen the
outside storage from I-35E, 21st Avenue and the residential area south of Cedar Avenue.
The revised plans show a staggered double row of trees and berming (through a 4-foot grade
change) south of the truck storage area on the south and similar landscaping is proposed for the
northern storage area. Additionally, a double row of trees is shown along I-35E to provide
screening. All continuous year round planting screens shall require at a minimum a double row
of plants with triangulated spacing.
The landscape plan shows landscaping in the island adjacent to the proposed shared drive
between Lot 1 and Outlot B. The landscaping in this area will provide some interim screening for
the residential property to the south until Outlot B is developed. Staff recommends that those
trees be increased from 6 feet to 8 feet at planting.
Staff finds that the planting plan generally shows compliance with ordinance requirements,
however, the Environmental Board memo includes a number of modifications to the proposed
species. A final landscape plan must be submitted with the final plat/PUD final plan application.
Alternative Urban Areawide Review (AUAR)
The site is within the 2005 I-35E Corridor AUAR environmental review boundary. The
AUAR was updated in June 2015. The site is generally in compliance with the land use options
evaluated in the AUAR. However, the AUAR includes a mitigation plan that assumes certain
improvements, including streets, floodplain, wetlands and creek impacts. The City Engineer
comment letter dated June 28, 2016 includes a number of conditions that must be addressed to
show compliance with the AUAR.
Next Steps
If the request is approved, the next step would be a land use application for PUD Final Plan/Final
Plat approval.
12
FINDINGS OF FACT
As noted in this report, the project is generally consistent with the land use and zoning
requirements for the site, but there are a number of significant issues that must be addressed prior
to approval. The following are Findings of Fact as related to the land use decisions for the
Rezoning and PUD Development Stage Plan/Preliminary Plat.
Section 1007.015 Administration: Amendments and Rezonings
The property is currently zoned R, Rural and R-BR, Rural-Business Reserve and Lot 1, Block 1
is proposed to be rezoned to PUD-Planned Unit Development. Per Section 1007.015 (5), the
Planning and Zoning Board shall consider possible adverse effects of the proposed rezoning and
its judgement shall be based upon, but not limited to, the following factors:
1. The proposed action has been considered in relation to the specific policies and
provisions of and has been found to be consistent with the official City Comprehensive
Plan.
2. The proposed use is or will be compatible with present and future land uses of the area.
3. The proposed use conforms with all performance standards contained in §1007.024 of the
City Code.
Section 1007.024 PUD, Planned Unit Development
The applicant has not submitted a specific request for the areas where PUD flexibility is
requested, except to note that it is their desire to allow outside trailer storage adjacent to I-35E,
which is not allowed. Section 1007.024(1) (PUD Purpose and Intent) allows deviation from the
strict provisions of this Ordinance related to setbacks, heights, lot area, width and depths, yards,
etc., by conditional use permit or a mixture of uses by rezoning to a PUD District, is intended to
encourage:
1. A development pattern in harmony with the objectives of the Comprehensive Plan.
2. Innovations in development that address growing demands for all styles of economic
expansion, greater variety in type, design, architectural standards, and siting of
structures through the conservation and more efficient use of land in such
developments.
3. The preservation and enhancement of desirable site characteristics such as existing
vegetation, natural topography and geologic features and the prevention of soil
erosion.
4. A creative use of land and related physical development which allows a phased and
orderly transition of varying land uses in close proximity to each other.
5. An efficient use of land resulting in smaller networks of utilities and streets thereby
lowering development costs and public investments.
6. Promotion of a desirable and creative environment that might be prevented through
the strict application of City zoning and subdivision regulations.
Staff finds that the applicant does meet the standards for the rezoning to PUD.
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RECOMMENDATION
Staff recommends approval of the request with the following conditions:
1. The applicant must comply with all conditions in the City Engineer’s memo dated June 2,
2016.
2. The applicant must comply with all conditions in the City Engineer’s AUAR memo dated
June 28, 2016.
3. The applicant must comply with the Environmental Board recommendations in the memo
dated June 29, 2016.
4. The applicant must obtain approvals from RCWD and must comply with all related
conditions of approval.
5. The applicant must provide a final wetland mitigation plan for City review and approval.
6. The applicant must provide a final floodplain impact and mitigation plan for City review
and approval.
7. The applicant must provide lighting fixture details to ensure compliance with ordinance
lighting standards.
8. All sides of the principal and accessory structures are to have essentially the same or a
coordinated harmonious finish treatment pursuant to §1007.043 (2) of this Ordinance.
The site plan must be revised to show the location of the guard house to ensure setbacks
would be met and material details must be provided to ensure harmonious finish
treatment.
9. All mechanical equipment, such as air handling units located anywhere on the property,
including rooftop equipment, shall be screened from view from adjacent streets, public
rights of way, and adjacent properties. Final details must be provided with the final plans
to ensure compliance.
10. The plans should be revised to provide a wall on the east and west side of the enclosure
with a wood composite fence/gate on the south. Exterior wall or fence treatment shall be
similar and/or complement the principal building.
11. The site plan shows a 40-foot street easement for 21st Avenue. This must be revised to
show a 40-foot street right-of-way.
12. The applicant must provide final construction details for construction of 21st Avenue,
including all wetland, floodplain and ditch permits. City Engineer’s memo notes that
additional information is required to facilitate these permits.
13. An access easement agreement between the affected properties must be provide to allow
the shared access between Lot 1 and Outlot B.
14. The applicant shall provide turning radius exhibits to show that the vehicles can
maneuver through the site to the docks and to the storage areas.
15. Fire access shall be reviewed and approved by the City prior to final plan approval.
16. The landscape plan shows landscaping in the planned drive aisle between Lot 1 and
Outlot B. The conifer trees in this location must be increased from the proposed 6 feet to
8 feet at planning.
17. All signage must comply with City Code requirements.
18. The existing billboards (off-premises signs) are legal, non-conforming signs and are
allowed to remain, but shall not be allowed to be relocated.
14
19. Material samples must be provided to ensure compliance with architectural standards in
the Zoning Ordinance.
ATTACHMENTS
1. City Engineer’s memo dated July 6, 2016
2. City Engineer’s AUAR compliance memo dated June 28, 2016
3. Environmental Board Recommendations dated June 29, 2016
4. Guard Shack elevations from B.I.G. Enterprises, Inc. received June 17, 2016
5. Revised building plans from Lampert Architects dated June 17, 2016
6. Revised landscape plans from Lampert Architects dated June 17, 2016
7. Photometric Plans from RJRyan received June 17, 2016
8. Revised Civil Drawing from Plowe Engineering received June 17, 2016
9. Revised Preliminary Plat from Sunde received June 17, 2016
10. Revised Elevations and Renderings from Lampert Architects received July 1, 2016
Building a legacy – your legacy. 701 Xenia Avenue South
Suite 300
Minneapolis, MN 55416
Tel: 763-541-4800
Fax: 763-541-1700
Equal Opportunity Employer
wsbeng.com
K:\02988-200\Admin\Plan Review 06-20-16\20160706 Engineering Review #2 United Properties.docx
Memorandum
To: Katie Larsen, City Planner
From: Diane Hankee PE, City Engineer
Date: July 6, 2016
Re: Clearwater Creek Business Park (United Properties Distribution)
Plan Review
WSB Project No. 2988-200
We have reviewed the Preliminary Plat documents dates and submitted on June 20, 2016 for
United Properties in Lino Lakes, MN prepared by Plowe Engineering, Inc. The following are
our review comments that should be responded to in writing by the applicant.
Reference the City’s 2016 General Specifications and Standard Detail Plates for Street and
Utility Construction with the Final Plat and plan submittal. Include applicable City Standard
Detail Plates.
GRADING, EROSION AND SEDIMENT CONTROL
1. A Stormwater Pollution Prevention Plan has been submitted and is being reviewed. We
do not anticipate significant changes to the plans or plat from this review.
2. Silt fence and/or sediment control logs need to be shown at all wetland locations where
construction is proposed and/or nearby and show silt fencing between proposed pond and
existing drainage channel where storm sewer is shown.
3. Identify seeding and restoration of disturbed areas, ponds, and boulevards.
4. The applicant shall review the southwest corner of the north parking lot which may have
standing water as proposed.
5. The project will require a NPDES/SDS General Stormwater Permit for Construction
Activity from the MPCA, which should be filed with the City.
6. The high water elevations on the stormwater ponds A and B do not reflect the most recent
HydroCAD results (901.90 and 901.48, respectively).
Ms. Katie Larsen
July 6, 2016
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STORMWATER MANAGEMENT
We reviewed the Stormwater Drainage Report for United Properties, dated May 16, 2016 and
revised on June 17, 2016 by Plowe Engineering, Inc., and have the following comments:
1. The outlet pipe to Clearwater Creek should be replaced with a treatment train concept to
provide an additional water quality BMP. An open channel with filtration should be
considered.
2. Updated existing conditions HydroCAD results were not provided in the June 17, 2016
submittal, however compared to the May 16, 2016 Stormwater Drainage report, the total
drainage areas between existing and proposed conditions differs by 1,125,728 square feet.
3. The stormwater treatment basins have been separated; however please review the outlet
control structures as the HydroCAD models do not reflect the June 17, 2016 plans.
4. Please note the proposed drainage areas exhibit shows two subcatchment 4’s.
FLOODPLAIN
1. The project is located within, and impacting, the FEMA 100-year floodplain.
Compensatory mitigation will be required at a minimum 1:1 ratio within the same
floodplain in which the impacts occur. The applicant shall obtain a Letter of Map
Revision and provide the application to City.
1. The applicant shall provide an exhibit showing no net fill in the floodplain.
2. The proposed crossing over Clearwater Creek will need to accommodate the future
sidewalk/trail extension.
3. The proposed crossing will require a No-Rise Certificate submitted to the City in order to
document no change to the Clearwater Creek floodplain elevations.
WETLANDS
Rice Creek Watershed District is the LGU to review and approve the wetland delineation and
wetland replacement plan. Thus we have not reviewed for the Wetland Conservation Act
(WCA).
1. The project proposed 0.36 acres of impacts to existing wetlands and it is anticipated that a
wetland replacement plan will be required. The applicant will need to receive RCWD
approval of wetland impacts and buffers as well as ACOE approval of wetland impacts.
2. 21st Avenue is proposed to be a temporary cul du sac ending at the south parking lot. The
roadway would be extended down to Cedar Street in the future. As part of the future road
Ms. Katie Larsen
July 6, 2016
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extension RCWD is requiring a wetland sequencing plan for the roadway alignment all
the way to Cedar. The applicant is to work through the process with the RCWD.
ENVIRONMENTAL
1. The AUAR review was completed and comments are provided within a memo to Katie
Larson dated June 28, 2016, enclosed. The items to be addressed:
· A conservation easement shall be included on the south side of Clearwater Creek
that is 150 feet in width a majority of the creek length and reducing down near the
drive isle (east end); and on the north side of the creek it shall be 50 feet measured
from the Top of Bank.
· The development area is within an area with high potential for archeological sites.
The applicant will need to complete a Phase I Archeological Survey.
· Clearwater Creek is designated as a Public Ditch and the applicant should apply
to RCWD for impacts to this ditch.
WATER SYSTEM
1. The proposed hydrant spacing exceeds 300 foot and should be revised. Fire hydrants
shall be added along 21st Avenue from the existing watermain every 300 feet. These
shall be located behind the future trail. The City’s Deputy Director of Fire should review
the final spacing.
2. The watermain loop around the building shall be 8 inch diameter and shall have valves
every 600 to 800 feet.
SANITARY SEWER SYSTEM
1. The sanitary sewer crossing at Clearwater Creek casing pipe shall be detailed on the plans
with the type and elevations.
2. The sanitary service cleanout needs to be labeled on the plans.
STORM SEWER SYSTEM
1. Storm pipe not meeting minimum grade for flushing (3fps) are as follows: 12” pipe
between CB 216 and CBMH 215, 12” pipe between CBMH 211 and CBMH 209. (Sheet
C2.2)
2. Storm pipe material (RC) not identified on plans. (Sheet C2.2)
3. The arch pipe crossing the proposed roadway should be identified as 122-inch Span Arch
Pipe (this is the appropriate 96-inch diameter equivalent). 122-inch span arch apron on
either side will need to have sheet piled end section and trash guard. (Sheet C3.1)
Ms. Katie Larsen
July 6, 2016
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4. Minimum structure depth is 3.5 feet within roadway to avoid frost heaving. Grout below
invert to provide sufficient depth. Following structures to be updated: 216. (Sheet C2.2)
5. No rim elevation provided for STMH 214.
TRANSPORTATION
1. An updated Traffic Impact Study was submitted by Spack Consulting, dated June 27,
2016. The following comment/questions should be addressed.
· The proposed site plan identifies an outlot that can be developed. The anticipated
future development of this lot shall be included with the analysis.
· The Site Traffic Forecasting Section shall include a comparison to what was
assumed in the AUAR.
· The trip distribution used for the analysis did not follow that used in the AUAR.
The trip distribution used shall be revised or justified.
· The Non-Site Traffic used in the analysis shall include other approved adjacent
development traffic volumes (i.e. Mattamy Development).
2. With the increase in heavy truck traffic, WB-62 truck turning templets shall be provided
showing that these vehicles can circulate through the site; make turns into and out of the
site, and make turns at key intersections (21st Avenue at Fairview Street and Fairview
Street at 20th Avenue).
3. The applicant needs to delineate the light duty from heavy duty on sheet C1.4 and extend
the curb in the southeast inside corner of the drive isle.
4. There is no curbing along the east and south side of the drive isle for future expansion and the
south drive isle is located within Outlot B.
5. The 21st Avenue Construction plans need to designed in cad to the format of MnDOT
standard plans (http://standardplans.dot.state.mn.us/). This will include cross sections
every 50 feet identifying boulevard grades.
6. The 21st Avenue east side boulevard shall be graded to accommodate a future trail 2.5
feet behind the curb. This should be included in the cross sections.
7. The existing roadway, drainage and utility easement shall be vacated as part of the final
platting process.
DEVELOPMENT AGREEMENT
1. Required with final plat.
Ms. Katie Larsen
July 6, 2016
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PERMITS
The applicant shall provide the following permits prior to final plat approval.
1. ACOE Section 404 Permit
2. MPCA Section 401 Certification
3. State Historic Preservation Office Cultural Resources Review
4. MDH Watermain Extension Permit
5. MDH Sanitary Sewer Extension Permit
6. Rice Creek Watershed Wetland Boundary Confirmation
7. Sanitary Sewer Service Connection Approval
8. City of Lino Lakes Approval
a. Site Plan
b. Grading, Excavation, and Foundation Permits
c. Building Permits
d. Sanitary Sewer Connection Permit
e. Municipal Water Connection Permit
f. Use Permit – Floodplain District
g. City Roadway Access/Crossing Permit
9. FEMA Letter of Map Revision
10. MDNR No Rise Certificate
11. NPDES Construction General Permit
12. Rice Creek Watershed Permit
a. Rule C: Stormwater Management
b. Rule D: Erosion and Sediment Control
c. Rule E: Floodplain Alteration
d. Rule F: Wetland Alteration
If you or the applicant has any questions regarding these comments, please contact Diane
Hankee at (651) 982-2430 or diane.hankee@ci.lino-lakes.mn.us.
Building a legacy – your legacy. 701 Xenia Avenue South
Suite 300
Minneapolis, MN 55416
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wsbeng.com \\mspfsv02.lps.local\Studios\Active Projects\CLL16007 - Clearwater Creek Business Park in Lino Lakes MN\From Others (Original Data)\20160628 Engineering Review Lino Lakes-CCBP.docx
Memorandum
To: Katie Larsen, City Planner
From: Diane Hankee PE, City Engineer
Date: June 28, 2016
Re: Clearwater Creek Business Park
Plan Review for AUAR Conformance
WSB Project No. 2029-820
We have reviewed the plans for Clearwater Creek Business Park in Lino Lakes, MN prepared by
Plowe Engineering, Inc. received on June 17, 2016 for conformance with the AUAR.
For reference please see notes on the Mitigation checklist enclosed, along with the following
comments.
FISH, WILDLIFE, ECOLOGICALLY SENSITIVE RESOURCES
1. AUAR Mitigation Item 11.1. The AUAR highlights this area as part of the Conservation
Design Framework (CDF) with a future greenway corridor and trail from Cedar Street
north through the property. Clearwater Creek (JD3) is located within the parcel and a 100
foot buffer is recommended per the mitigation plan. This measure is satisfied by the
creation of a natural corridor running parallel with the creek.
• A 50 foot conservation easement is proposed on Outlot A measured from the
centerline of the ditch. This should be adjusted to measure 50 feet from the
Top of Bank. Additional protections may be considered with future
development of this lot.
• Lot 1, which is being developed, establishes a buffer along the creek ranging
from 20’ in the far NE corner of the lot to over 150 feet in width along the
length of the creek. The area is further buffered by the construction of
stormwater management ponds between the buffer area and site parking
areas. The proposed conservation easement should be modified to include all
the area between the creek, stormwater ponds and parking area.
• A trail will be constructed along 21st Avenue with the future extension of 21st
Avenue to Cedar Street.
2. AUAR Mitigation Item 11.8. The AUAR requires an eagle nest survey. At the time of
the AUAR update (June 2015); the DNR did not have records of any eagle nests within 1
mile of the project area. There are not many trees on the site, but those that are present
Ms. Katie Larsen
June 28, 2016
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are primarily adjacent to Clearwater creek. City environmental staff has confirmed that
no eagle nests are present within the development area.
3. AUAR Mitigation Item 11.10. The AUAR requires a rare plant survey to be completed
in wetlands and other designated areas. There are wetlands present within the
development area. City environmental staff has confirmed that a rare plant survey is not
needed in this area.
4. AUAR Mitigation Item 11.12. The AUAR requires that the CDF include consideration
of, among other things, protection of ecologically significant natural resources from
adjacent land uses by implementing buffering. Reference section Item 11.1.
WATER RESOURCES: WETLANDS
1. AUAR Mitigation Section 12.1. Wetlands exist within the development area and
confirmation of boundary approval by the Wetland Conservation Act (WCA) Local
Government Unit (LGU) should be obtained.
2. AUAR Mitigation Sections 12.2 – 12.6. The project proposes 0.36 acres of wetland fill.
An application has been prepared by Kjolhaug Environmental Services. The application
will need to be reviewed and approved by the WCA LGU and US Army Corps of
Engineers (ACOE). The application should include sequencing measures and a
replacement plan and will also need to conform to the wetland alteration requirements set
forth by the Rice Creek Watershed District (RCWD).
3. AUAR Mitigation Section 12.7. There are no DNR Public Waters on the property, but
Clearwater Creek is designated as a Public Ditch. The applicant should apply to RCWD
for impacts to this ditch.
WATER USE
1. AUAR Mitigation Section 13.5. The AUAR requires that abandoned private wells be
sealed in accordance with Minnesota Department of Health (MDH) regulation. There are
no known wells on the property, but if any undocumented wells are encountered they
should be sealed in compliance with MDH regulations.
EROSION AND SEDIMENTATION
The plans submitted June 17, 2016 do not include erosion or sediment control plans. The grading
plans and Stormwater Pollution Prevention Plan (SWPPP) were reviewed for compliance with
the AUAR.
1. AUAR Mitigation Section 16.1. Project proposers are required to obtain a NPDES/SDS
General Stormwater Permit for Construction Activity from the MPCA prior to initiating
earthwork. This permit should be obtained and filed with the city prior to construction.
2. AUAR Mitigation Section 16.2. Project proposers are required to meet the erosion and
sediment control regulations in all applicable regulations, ordinances, and rules of the city
and MPCA and RCWD. A SWPPP has been prepared for the project. A sediment and
erosion control plan should also be prepared and reviewed by the applicable regulatory
agencies for compliance with rules.
3. AUAR Mitigation Section 16.3. Project proposers are required to minimize runoff,
improve the quality of runoff, and provide erosion control through BMPs and other low
Ms. Katie Larsen
June 28, 2016
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impact development techniques. The SWPPP provided with the plans outlines various
BMPs, but specific use of BMPs should be shown on an erosion and sediment control
plan.
4. AUAR Mitigation Section 16.4. Project proposers are required to provide construction
oversight to ensure designed sediment and erosion control measures are being
implemented. The SWPPP indicates that an individual has not yet been identified to
provide this oversight. The individual(s) providing this oversight should be identified and
contact information provided in the SWPPP.
5. AUAR Mitigation Section 16.5. The AUAR highlights this area as part of the
Conservation Design Framework (CDF) with a future greenway corridor and trail from
Cedar Street north through the property. Reference Item 11.1.
WATER QUALITY: SURFACE WATER RUNOFF
1. AUAR Mitigation Section 17.3. The AUAR requires stormwater management systems to
be developed in accordance with the current version of the Rice Creek Watershed District
Rules. This area was identified in the AUAR as a Runoff Sensitive Area for rate and
volume of stormwater runoff and applicant should seek to maintain proposed runoff
volumes within 20% of existing conditions runoff volumes. The applicant should also
apply through the RCWD to meet volume and rate control requirements and provide
treatment for 1.1” over the new impervious. In addition, infiltration is not feasible due to
high seasonal groundwater, NURP ponding will be provided to treat runoff.
The project is located within, and impacting, a FEMA 100-year floodplain.
Compensatory mitigation will be required at a minimum 1:1 ratio within the same
floodplain in which the impacts occur.
WATER QUALITY: WASTEWATER
1. AUAR Mitigation Section 18.5. Each proposed development is required to provide a
detailed projection of wastewater generation and flows. This has been reviewed by the
city engineer and is in compliance with the mitigation measures.
SOIL AND GROUNDWATER CONTAMINATION
1. AUAR Mitigation Section 19.2. While contaminated materials are not expected within
the development area, if any are discovered during construction the applicant should
follow state laws and report the information to the MPCA for further investigation and, if
necessary, remediation.
TRANSPORTATION
The applicant needs to submit an updated Traffic Impact Study, and evaluate the impacts from
the site assuming no connections to 20th Ave. or Cedar St. that were assumed in the AUAR.
CULTURAL RESOURCES
Ms. Katie Larsen
June 28, 2016
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1. AUAR Mitigation Section 25.1. The development area is within an area with high
potential for archeological sites. The applicant will need to complete a Phase I
Archeological Survey.
COMPATIBILITY WITH PLANS
1. AUAR Mitigation Section 27.1. The plan for a business park fits within the three
development scenarios outlined by the AUAR and the current zoning for the area
(General Business).
PERMITS
The following permits and approvals may be required prior to construction:
1. ACOE Section 404 Permit
2. MPCA Section 401 Permit
3. State Historic Preservation Office Cultural Resources Review
4. MDH Watermain Extension Permit
5. MDH Sanitary Sewer Extension Permit
6. Rice Creek Watershed Wetland Boundary Confirmation
7. Sanitary Sewer Service Connection Approval
8. City of Lino Lakes Approval
a. Site Plan
b. Grading, Excavation, and Foundation Permits
c. Building Permits
d. Sanitary Sewer Connection Permit
e. Municipal Water Connection Permit
f. Use Permit – Floodplain District
g. City Roadway Access/Crossing Permit
9. FEMA Letter of Map Revision
10. NPDES Construction General Permit
11. Rice Creek Watershed Permit
a. Rule C: Stormwater Management
b. Rule D: Erosion and Sediment Control
c. Rule E: Floodplain Alteration
d. Rule F: Wetland Alteration
If you or the applicant has any questions regarding these comments, please contact Diane
Hankee at (651) 982-2430 or diane.hankee@ci.lino-lakes.mn.us.
Page 1
Memo
To: Katie Larsen
From: Marty Asleson
Date: June 29, 2016
Re: Environmental Board Recommendations for the Clearwater Creek Business
Park Proposal
The following recommendations were made by the Environmental Board on June 29
Clearwater Creek Business Park
1. Soils should be monitored for impacts to the Drinking Water Service area contamination, and
existing wetland resources. Impacts can be created by uncovering a “gravel-vein” or sand
seams where polluted water can enter into a DWSMA water source, and where wetlands can be
drained by creating a “drain situation” for close proximity wetlands. Gravel and or other pervious
areas encountered in excavation areas for ponds and created wetlands and general excavation
must be sealed
2. The applicant must provide a detailed tree preservation plan to the city.
3. Landscaping:
A. Plants that are intolerant of higher pH soils should not be used on this site.
B. Evergreens must not be used in any of the native seed mix areas. Evergreens may be planted
in the sod and any irrigated cultured seed areas
C. MNDOT seeding methods as in the MNDOT Seeding Manual must be used for Native seed
areas.
D. Native Seed areas must be planted and maintained by a City approved contractor that has
experience and knowledge in the planting of a native seed area
E. A 5-year maintenance plan must be written for the site and accepted by the City
F. All cultured seed and sod areas must be irrigated.
G. Seed types must be identified on the landscape plan.
H. Seed types must be approved by the City.
I. Evergreens must not be planted in native seed areas.
Environmental
Page 2
4. AUAR
A. A buffer on the south side of the ditch/creek be extended between the top of the bank to the
ponding areas to the south or 150 feet with a minimum buffer distance of approximately 20
feet where buffer capability narrows with proposed infrastructure. The 50’ buffer area on
the north side of the creek should be measured from Top of Bank. Additional buffer will be
determined when the north outlot is planned developed. All buffer areas must be placed
under a Conservation Easement.
B. That in harmony with the intent of the AUAR, a surface water treatment train be further
established by eliminating the pipe going from the ponds to the creek, and a filtration
system be established from overflow from the ponds in the buffer area south of the creek.
Engineering drawings must be submitted that encompass this filtration system and the area
planted with a seed mix approved by the City. Engineering drawings for the intended
function of this filtration system must be approved by the City Engineers.
C. A Phase One Archeological Study must be performed.
D. All other AUAR requirements and concerns listed in WSB document from Diane
Hankee PE, City Engineer regarding the Clearwater Creek Business Park Plan Review
for AUAR Conformance , WSB Project No. 2029-820 be addressed.
5. Lighting must be low-intensity, non-spilling, with fixture lenses that cut-off
glare. All lights should be LED.
6. Since this is in a moderate susceptibility to groundwater contamination area,
drinking water protection must be provided throughout the construction
process. All fueling units must be within containment structures, i.e., fueling
tanks must be in a containment area. All Concrete washout must be
contained and disposed of off-site.
7. The submitted plan is site specific. The developer is responsible for all
aspects of the MPCA requirements for construction site sediment and
erosion control. There must not be any disturbance of the soils on this site
until the SWIPP is fully engaged and authorized by City environmental and
engineering.
5. A tree protection plan must be submitted
6. A P-8 analysis must be performed for the site
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@ 25'BB @ 25'BB @ 25'BB @ 25'BB @ 25'BB @ 25'BB @ 25'BB @ 25'BB @ 25'BB @ 25'BB @ 25'AA1 @ 22'AA @ 22'BB @ 25'AA1 @ 22'BB @ 25' BB @ 25' BB @ 25' BB @ 25'BB @ 25' BB @ 25'BB @ 25' BB @ 25'AA @ 22'AA @ 22'AA @ 22'AA @ 22'AA @ 22'Plan ViewScale - 1" = 60'Luminaire ScheduleSymbolLabel Quantity ManufacturerCatalog NumberDescriptionLampNumberLampsLumens PerLampLight Loss Factor WattageAA6 Lithonia Lighting DSX0 LED 40C 1000 40K T4MMVOLTDSX0 LED with 40 LEDs @1000 mA ,4000K, Type 4 Medium OpticsLED 1 15212.89 0.85 138AA12 Lithonia Lighting DSX0 LED 40C 1000 40K T4MMVOLTDSX0 LED with 40 LEDs @1000 mA ,4000K, Type 4 Medium OpticsLED 1 15212.89 0.85 276BB20 Lithonia Lighting DSXW2 LED 30C 1000 40K T4MMVOLTDSXW2 LED WITH 3 LIGHT ENGINES, 30LED's, 1000mA DRIVER, 4000K LED,TYPE 4 MEDIUM OPTICLED 1 11128.9 0.85 109Clearwater CreekScaleNot to ScaleDrawing No.L0SummaryMaintained LightingCalculations1 of 1
1
1st Reading: Publication:
2nd Reading: Effective:
CITY OF LINO LAKES
ORDINANCE NO. 07-16
ORDINANCE TO REZONE PROPERTY FROM LIGHT INDUSTRIAL (LI) TO
PLANNED UNIT DEVELOPMENT (PUD) FOR LOT 1, BLOCK 1,
CLEARWATER CREEK BUSINESS PARK
The City Council of Lino Lakes ordains:
Section 1: Findings of Fact
1. The City received a Land Use Application to rezone certain property from Light
Industrial (LI) to Planned Unit Development (PUD) for Lot 1, Block 1,
Clearwater Creek Business Park.
2. The Planning and Zoning Board held a public hearing on June 8, 2016 and
continued the hearing to July 13, 2016.
3. Per Section 1007.015 (5), the City shall consider possible adverse effects of the
proposed rezoning and its judgement shall be based upon, but not limited to, the
following factors:
a. The proposed action has been considered in relation to the specific
policies and provisions of and has been found to be consistent with the
official City Comprehensive Plan.
The proposed development is consistent with the policies and provision of
the Comprehensive Plan and AUAR. The PUD approvals include
conditions to address the outstanding issues.
b. The proposed use is or will be compatible with present and future land
uses of the area.
The proposed distribution center is consistent with the industrial land use
classification.
c. The proposed use conforms with all performance standards contained
herein.
The proposed 402,552 square foot distribution center is consistent with all
performance standards when the recommended conditions of PUD
approval have been met.
2
d. The proposed use can be accommodated with existing public services and
will not overburden the City’s service capacity.
The development proposal includes extension of 21st Avenue to serve this
project. Public utilities will also be extended to serve the project. The
proposed use can be accommodated with the existing public services after
these extensions and will not overburden the City’s service capacity.
e. Traffic generation by the proposed use is within capabilities of streets
serving the property.
The applicant has prepared a traffic study which indicates that no
improvements beyond the planned extension of 21st Avenue are needed due
to this development. The PUD approvals do include conditions that the
developer would need to address prior to development to ensure that no
other traffic improvements are needed.
Section 2: Amendment
The Zoning Ordinance of the City of Lino Lakes is hereby amended to rezone the
following described property from Light Industrial (LI) to Planned Unit Development
(PUD.
Section 3: Legal Description
Lot 1, Block 1, Clearwater Creek Business Park
Section 4: Development Regulations
The development shall conform to the plans, requirements, and conditions of approval as
listed in Council Resolution No. 16-76.
Section 5: Effect
This ordinance shall be in force and effect from and after its passage and publication
according to the Lino Lakes City Charter and upon the filing of the final plat.
Adopted by the Lino Lakes City Council this ____ day of __________________, 2016.
The motion for the adoption of the foregoing ordinance was introduced by Council
Member_____________and was duly seconded by Council Member ___________ and
upon vote being taken thereon, the following voted in favor thereof:
The following voted against same:
____________________________
3
Jeff Reinert, Mayor
ATTEST:
________________________
Julianne Bartell, City Clerk
1
CITY OF LINO LAKES
RESOLUTION NO. 16-76
APPROVING PUD DEVELOPMENT STAGE PLAN/PRELIMINARY PLAT FOR
CLEARWATER CREEK BUSINESS PARK
WHEREAS, the City has received an application for PUD Development Stage Plan/Preliminary
Plat for Clearwater Creek Business Park hereafter referred to as “Development”; and
WHEREAS, City staff has completed a review of the “Development” based on the following:
• Application and plans submitted to the City on May 16, 2016.
• Revised plans received by the City on June 17, 2016.
• Traffic Impact Study from Spack Consulting dated June 27, 2016
• Revised building elevations and renderings received by the City on July 1, 2016.
WHEREAS, a public hearing was held before the Planning & Zoning Board on June 8, 2016
and continued to July 13, 2016 and the Board recommended approval of the “Development”; and
NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes
hereby makes the following:
FINDINGS OF FACT
Per Section 1007.024(1) Purpose and Intent, the PUD, by allowing deviation from the strict
provisions of this Ordinance related to setbacks, heights, lot area, width and depths, yards, etc.,
by conditional use permit or a mixture of uses by rezoning to a PUD District, is intended to
encourage:
1. A development pattern in harmony with the objectives of the Comprehensive Plan.
The industrial development on Lot 1 is consistent with the goals and policies of the
comprehensive plan which anticipated development of this property for industrial uses.
Clearwater Creek Business Park is consistent with the development standards in the City Code,
except that PUD flexibility is requested to allow outside storage adjacent to I-35E.
2. Innovations in development that address growing demands for all styles of economic
expansion, greater variety in type, design, architectural standards, and siting of
structures through the conservation and more efficient use of land in such developments.
The development will allow construction of a new 402,552 square foot distribution center on Lot
1 and would provide 2 outlots for future development. The development would allow this
industrial development while preserving a greenway corridor (as anticipated in the AUAR) via a
conservation easement adjacent to Clearwater Creek (Judicial Ditch No. 3).
3. The preservation and enhancement of desirable site characteristics such as existing
vegetation, natural topography and geologic features and the prevention of soil erosion.
2
The 56.45 acre site is bisected by Judicial Ditch No. 3 (Clearwater Creek), which separates the
northern third of the site from the remainder. The creek will be preserved and a conservation
easement will be provided to protect this greenway corridor. The buffer along the creek shown
on Lot 1 ranges from 20 feet to 150 feet in width and will be provided in a conservation
easement. The buffer will include all of the area between the creek, ponds and parking area. The
site has a limited number of trees, but many of those are located adjacent to the creek and will be
preserved.
4. A creative use of land and related physical development which allows a phased and
orderly transition of varying land uses in close proximity to each other.
The project will allow development of a significant distribution center and will provide two
outlots for future development. The project includes an extension of 21st Avenue to provide
access to Lot 1. The development is consistent with the development anticipated by the
Comprehensive Plan, AUAR and Zoning Ordinance.
5. An efficient use of land resulting in smaller networks of utilities and streets thereby
lowering development costs and public investments.
The development will include extension of existing streets and trunk utilities, which will be
designed and built by the developer. The infrastructure will be planned and built by the
developer.
6. Promotion of a desirable and creative environment that might be prevented through the
strict application of City zoning and subdivision regulations.
The purpose of the PUD will allow construction of the distribution center on Lot 1 in a location
that would not otherwise have been allowed under the standard zoning and subdivision
regulations.
BE IT FURTHER RESOLVED by the City Council of The City of Lino Lakes hereby
establishes that Clearwater Creek Business Park shall be developed in accordance with the
following:
1. The developer is approved to create for one lot and two outlots for “Clearwater Creek
Business Park”, in accordance with the plans and application received by the City on
May 16, 2016 and the revisions received on June 17, 2016 and July 1, 2016, except as
amended by this resolution.
2. The applicant must comply with all conditions in the City Engineer’s memo dated
June 2, 2016.
3. The applicant must comply with all conditions in the City Engineer’s AUAR memo
dated June 28, 2016.
4. The applicant must comply with the Environmental Board recommendations in the
memo dated June 29, 2016.
5. The applicant must obtain approvals from RCWD and must comply with all related
3
conditions of approval.
6. The applicant must provide a final wetland mitigation plan for City review and
approval.
7. The applicant must provide a final floodplain impact and mitigation plan for City
review and approval.
8. The applicant must provide lighting fixture details to ensure compliance with
ordinance lighting standards.
9. All sides of the principal and accessory structures are to have essentially the same or
a coordinated harmonious finish treatment pursuant to §1007.043 (2) of this
Ordinance. The site plan must be revised to show the location of the guard house to
ensure setbacks would be met and material details must be provided to ensure
harmonious finish treatment.
10. All mechanical equipment, such as air handling units located anywhere on the
property, including rooftop equipment, shall be screened from view from adjacent
streets, public rights of way, and adjacent properties. Final details must be provided
with the final plans to ensure compliance.
11. The plans shall be revised to provide a wall on the east and west side of the enclosure
with a wood composite fence/gate on the south. Exterior wall or fence treatment shall
be similar and/or complement the principal building.
12. The Site Plan shows a 40-foot street easement for 21st Avenue. This must be revised
to show a 40-foot street right-of-way.
13. The applicant must provide final construction details for construction of 21st Avenue,
including all wetland, floodplain and ditch permits. City Engineer’s memo notes that
additional information is required to facilitate these permits.
14. An access easement agreement between the affected properties must be provide to
allow the shared access between Lot 1 and Outlot B.
15. The applicant shall provide turning radius exhibits to show that the vehicles can
maneuver through the site to the docks and to the storage areas.
16. Fire access shall be reviewed and approved by the City prior to final plan approval.
17. The landscape plan shows landscaping in the planned drive aisle between Lot 1 and
Outlot B. The conifer trees in this location must be increased from the proposed 6 feet
to 8 feet at planning.
18. All signage must comply with City Code requirements.
19. The existing billboards (off-premises signs) are legal, non-conforming signs and are
allowed to remain, but shall not be allowed to be relocated.
4
20. Material samples must be provided to ensure compliance with architectural standards
in the Zoning Ordinance.
Adopted by the Council of the City of Lino Lakes this _____ day of __________, 2016.
The motion for the adoption of the foregoing resolution was introduced by Council Member
_______________and was duly seconded by Council Member ________________ and upon
vote being taken thereon, the following voted in favor thereof:
The following voted against same:
_______________________________
Jeff Reinert, Mayor
ATTEST:
________________________
Julianne Bartell, City Clerk
1
CITY COUNCIL
AGENDA ITEM 6B
STAFF ORIGINATOR: Kendra Lindahl, Landform
MEETING DATE: July 25, 2016
TOPIC: Woods Edge PUD
i. Consider Second Reading of Ordinance No. 06-16,
Amending Ordinance No. 04-04, Section 2.A., Lino Lakes
Town Center Design & Development Guide
ii. Consider Resolution No. 16-74 Approving Summary
Publication of Ordinance No. 06-16
*Council may vote to dispense with full reading of ordinance
* Roll call vote is required for adoption of the ordinance
VOTE REQUIRED: 3/5
INTRODUCTION
Staff is requesting City Council consideration of the 2nd reading of the Ordinance No. 06-16 to
a amend the text of the “Lino Lakes Town Center Design & Development Guide”, which was
adopted by Ordinance No. 04-04.
BACKGROUND
D.R. Horton, Inc. - Minnesota submitted a land use application for PUD Development
Stage/Preliminary Plat review and a text amendment for the “Lino Lakes Town Center Design
& Development Guide”. The proposed development is a 112 unit attached townhome project
on 11.2 acres in the Town Center (Outlots B and C of the Village No. 3). The proposed project
is called “Woods Edge”.
The The Planning & Zoning staff report dated June 8, 2016 and the City Council staff report
dated July 11, 2016 details the project.
Rezoning
The parcel is currently zoned PUD (Planned Unit Development). The Planning and Zoning
Board held a public hearing on June 8, 2016. The Board found the proposal meets the criteria
for rezoning as detailed in Ordinance No. 06-16.
2
The applicant is requesting several amendments to the requirements in the Lino Lakes Town
Center Design & Development Guide standards. The Town Center PUD was approved by
Ordinance 04-04 and any change to the design standards will require an amendment to the
PUD. In summary, the applicant is requesting the following amendments:
1. To allow only one building type in the development.
2. To allow 6’ x 8’ porches where 6’ x 10’ porches are required.
3. To allow street-facing facades with less than 25% window area.
4. To eliminate the requirement that windows and doors must be recessed at least two
inches from walls or exterior trim to create a shadow line for visual interest.
5. To allow vinyl siding.
6. To eliminate the maximum 15 foot secondary street frontages requirement.
7. To allow a single user sign with the development name in the common area.
Council Ordinance 06-16 details the findings of fact regarding the Ordinance Text Amendment.
RECOMMENDATION
The Planning & Zoning Board and staff recommend approval of Ordinance No. 06-16. The 1st
reading of the ordinance was approved by Council on July 11, 2016.
ATTACHMENTS
1. Site Map
2. Ordinance No. 06-16
3. Resolution No. 16-74
Phone (952) 937-5150 7699 Anagram Drive
Fax (952) 937-5822 Eden Prairie, MN 55344
Toll Free (888) 937-5150
1
1st Reading: Publication:
2nd Reading: Effective:
CITY OF LINO LAKES
ORDINANCE NO. 06-16
TEXT AMENDMENT TO MODIFY THE RESIDENTIAL DEVELOPMENT
STANDARDS FOR LINO LAKES TOWN CENTER FOR WOODS EDGE
The City Council of Lino Lakes ordains:
Section 1: Findings of Fact
1. The City received a Land Use Application to modify the design standards in the
Lino Lakes Town Center Design & Development Guide, which were adopted by
Ordinance No. 04-04.
2. The Planning and Zoning Board held a public hearing on June 8, 2016.
3. The proposed amendments are consistent with the standards in Section 1007.015
of the Zoning Ordinance:
a. The proposed action has been considered in relation to the specific policies
and provisions of and has been found to be consistent with the official City
Comprehensive Plan. The text amendment would allow some modification of
the 2004 standards while maintaining consistency with the spirit of the
standards.
b. The proposed use compatible with present and future land uses of the area and
the Town Center Master Site Plan.
c. The proposed use is consistent with purpose and intent of the performance
standards established by the district.
d. The proposed use can be accommodated with existing public services and will
not overburden the City’s service capacity. The public streets and utilities
were previously constructed and no new public streets are required.
e. Traffic generation by the proposed use is within capabilities of streets serving
the property.
Section 2: Amendment
The Planned Unit Development for the Legacy at Woods Edge (Lino Lakes Town
Center) as approved by Ordinance 04-04 is hereby amended as follows:
2
A. Section 4.2 of the Lino Lakes Town Center Design & Development Guide shall
be amended as follows:
Variation in Housing Mix
Within each Residential District, a minimum of two housing models and
architectural treatments is required as follows:
Facade Treatment. At least two (2) unique architectural treatments for each
housing model are required. The architectural treatments must differ in each of
three categories: a) facade color, roof color, or siding material; b) window pattern
and trim detail; and c) porch, entryway, or balcony detailing. Identical buildings
shall not be adjacent to or across the street from each other.
B. Section 4.3 of the Lino Lakes Town Center Design & Development Guide shall
be amended as follows:
Building Frontage
1. Where build-to lines govern, entries must face the street. Seventy (70) percent
of the block length must have building fronts, parks or plaza within the
required setback area.
2. Where build-to lines are shown on the Regulating Plan, buildings shall face
the street and shall occupy a minimum percentage of each block’s linear street
(at least 50 percent or 70 percent), as noted in the Regulating Plan, within the
required setback area.
3. Buildings shall be sited a minimum of 5 feet and a maximum of 15 feet from
the public right-of-way. For buildings located on a corner, the secondary
frontage setback shall be allowed to exceed these maximum setbacks provided
the building architecture on the secondary frontage is upgraded to provide
upgraded materials such as board and batten or shakes in lieu of lap siding on
the top ½ of the elevation.
AND
Residence and Garage Setbacks
The following table summarizes minimum and maximum setbacks for residences and garages.
Table 7. Residence and Garage Setbacks (measured from lot line unless otherwise noted)
Structure
Setbacks Side Setbacks
(excluding Street-Facing
Sides)
[1, 3]
Street-facing Front and Side
Setbacks [1, 2]
Rear Setbacks
RESIDENCE SETBACKS
3
Detached single-family
residence 10' min. -15' max., (except that
secondary frontages may increase
the maximum setback if the
building elevations are upgraded)
or 5' if garage is alley-loaded.
15' min. from
centerline of
alley, or 15'
min. from rear
property line
when no alley
5' on each side
Attached residences
with individual unit
entrances
5' on each side of
structure, 0' between
attached units in one
structure,
Attached residence with
shared unit entrances
5' on each side of
structure
GARAGE SETBACKS
Garage for single family
detached residence
Min. 1'from dwelling façade for
every 2' of garage façade width.
[4]
No garage shall comprise more
than 50 percent of the width of the
total street-facing frontage for
each unit.
12' min. from
centerline of
alley, or 3' min.
from rear
property line if
no alley
5' on each side
Garages or parking lots
for duplexes,
townhomes, or other
attached units with
individual unit
entrances
5' on each side of
separate garage
structures, 0' between
attached garages in one
structure
Garage or parking lots
for attached units with
shared unit entrances
If parking is adjacent to the street,
it must be tucked under
residences such that the level of
residences is not more than 5'
above street grade. Garage
entrances are limited to one
doorway of less than 22' in width.
[5]
5' on each side of garage
structure or lot
NOTES:
[1] Projections. Bay windows, fireplace elements, and balconies may extend into the front setback up to four
feet, for a width not more than 10 feet. The maximum extension of a projection into a side yard is 3 feet.
[2] Depressed Parking. Where a high water table prevents depressed parking, at-grade structured parking
must be placed at the rear of the structure with residential uses lining the front facade to finished grade.
C. Section 4.4 of the Lino Lakes Town Center Design & Development Guide shall
be amended as follows:
Windows
Coverage and Orientation. All street-facing facades must have windows covering at least
25 percent of the facade’s area. Windows of the living room, dining room, or family room
must face the street.
Recesses. Windows and doors must be recessed at least two inches from walls or exterior
trim to create a shadow line for visual interest.
Materials. Horizontal "slider" windows and window frames with metallic finishes are not
permitted; vinyl or other finishes with an appearance of painted wood are acceptable.
Mirror or tinted glass is not allowed.
AND
4
Building Scale and Definition
Articulation
All Residential Products. The front façade of all residential buildings must be articulated
with porches, bay windows, or balconies that face the adjacent street, park, or open space.
No wall shall have a blank, uninterrupted appearance exceeding 20 feet in width without
a window, recessed panel, lattice, trellis, change in texture or plan, or equivalent treatment.
To insure visual interest and appropriate scale, windows, doors, and eaves must have
reveals and recesses. Secondary frontages shall have upgraded materials similar to the
primary frontage elevations.
Attached Products. The front facades of attached products shall read as a series of distinct
vertical building forms or “bays” along a “street wall.” The overall composition of the main
building shall highlight proportion and rhythm among a series of bays and the overall
building mass. Pilasters, columns, reveals, fenestration, and other details may be used to
achieve this effect.
AND
Materials and Methods of Construction
Materials. New buildings shall support regional traditions and maintain a level of craft in
the process of construction. Exterior finishes shall be primarily of wood, brick, stone, or
stucco or other high quality material approved by the City. VinylA, aluminum and metal
siding are prohibited
D. Section 5.1 of the Lino Lakes Town Center Design & Development Guide shall
be amended as follows:
Single User Signs
Definition. Any free standing sign advertising an individual user within the project.
Permits are required for the placement of any single user signage.
Placement. Single User Signs shall only be allowed for the Lino Lakes City Hall, and the
YMCA and Woods Edge townhome neighborhood.
Design. Single User signage shall be limited to a single monument sign designed in
accordance with the main building on the site. All Single User signage is limited to a
single monument sign with a maximum height of eight feet and not to exceed 75 square
feet in area. All monument signs shall include a base of masonry materials measuring a
minimum of twelve inches above adjacent grades. The design of Single User signage
must include only materials allowed within the Commercial, Mixed-Use, & Civic District
Architectural Standards (Chapter 3.4). Signage for Woods Edge townhome
neighborhood shall be designed and submitted for City review and approval to ensure
the residential character of the development is maintained.
Section 3: Development Regulations
5
As above amended, said Ordinance shall stand as initially passed and previously
amended.
Section 4: Effect
This ordinance shall be in force and effect from and after its passage and publication
according to the Lino Lakes City Charter and upon the filing of the final plat.
Adopted by the Lino Lakes City Council this ____ day of __________________, 2016.
The motion for the adoption of the foregoing ordinance was introduced by Council
Member_____________and was duly seconded by Council Member ___________ and
upon vote being taken thereon, the following voted in favor thereof:
The following voted against same:
____________________________
Jeff Reinert, Mayor
ATTEST:
________________________
Julianne Bartell, City Clerk
CITY OF LINO LAKES
RESOLUTION NO. 16-74
RESOLUTION APPROVING A SUMMARY OF
ORDINANCE NO. 06-16 FOR PUBLICATION
WHEREAS, the City Council has approved the first and second reading of Ordinance No. 06-
16, amending Ordinance No. 04-04 which established the Planned Unit Development for the
Legacy at Woods Edge and the Lino Lakes Town Center Design and Development Guideline for
the project; and
WHEREAS, Ordinance No. 06-16 is lengthy and MN Statute 412.191 provides for a city to
publish a summary of an ordinance, and
WHEREAS, the City Council determines that the summary clearly informs the public of the
intent and effect of the ordinance, and
WHEREAS, the publication in the official newspaper will include a notice that a full printed
copy of the ordinance is available at City Hall.
NOW, THEREFORE BE IT RESOLVED by the City Council of The City of Lino Lakes that
the summary of Ordinance 06-16, attached hereto as Exhibit A, is hereby approved for
publication according to state law and the City Charter.
Adopted by the Council of the City of Lino Lakes this 25th day of July, 2016.
The motion for the adoption of the foregoing resolution was introduced by Council Member
_______________and was duly seconded by Council Member ________________ and upon
vote being taken thereon, the following voted in favor thereof:
The following voted against same:
_______________________________
Jeff Reinert, Mayor
ATTEST:
________________________
Julianne Bartell, City Clerk
1
CITY COUNCIL
AGENDA ITEM 6C
STAFF ORIGINATOR: Katie Larsen, City Planner
MEETING DATE: July 25, 2016
TOPIC: Consider Second Reading of Ordinance No. 05-16, Vacating
Drainage and Utility Easement over Outlot B, NorthPointe 3rd
Addition
*Council may vote to dispense with full reading of ordinance
* Roll call vote is required for adoption of the ordinance
VOTE REQUIRED: 4/5
INTRODUCTION
Staff is requesting City Council consideration of the second reading of Ordinance No. 05-16,
vacating the drainage and utility easement dedicated on the plat of NorthPointe 3rd Addition
lying over, under and across Outlot B.
BACKGROUND
NorthPointe is a PUD residential subdivision located northeast of the intersection of Birch
Street and 20th Avenue South/CSAH 54. The applicant is requesting the drainage and utility
easement dedicated on the plat of NorthPointe 3rd Addition lying over, under and across Outlot
B be vacated to eliminate any potential tile issues. This easement will be re-dedicated on the
plat of NorthPointe 4th Addition. The City Council approved a similar vacation with Ordinance
No. 11-15 for Outlots C and D, NorthPointe when NorthPointe 3rd Addition was platted.
On July 11, 2016, the City Council held a public hearing and approved the 1st reading of
Ordinance No. 05-16.
RECOMMENDATION
Staff recommends adoption of Ordinance No. 05-16.
ATTACHMENTS
1. Ordinance No. 05-16 with Exhibit A: Drainage and Utility Easement Vacation Sketch
1
1st Reading: Publication:
2nd Reading: Effective:
CITY OF LINO LAKES
ORDINANCE NO. 05-16
ORDINANCE VACATING DRAINAGE AND UTILITY EASEMENT
(Outlot B, NorthPointe 3rd Addition)
The City Council of Lino Lakes ordains:
Section 1: Findings of Fact
1. The City Council of Lino Lakes has determined to vacate all of the drainage and
utility easements, as dedicated on the plat of NorthPointe 3rd Addition, according
to the recorded plat thereof, Anoka County, Minnesota, lying over, under, and
across Outlot B, said plat as shown in Exhibit A; and
2. A public hearing was held on July 11, 2016 before the City Council in the City
Hall Council Chambers after due published and posted notice had been given and
reasonable attempts were made to give personal notice to all affected property
owners, and all persons interested were given an opportunity to be heard; and
3. The same drainage and utility easements shall be dedicated to the public on the
plat of NorthPointe 4th Addition; and
4. It appears to be in the best interest of the City to vacate such drainage and utility
easements; and
5. Four-fifths of all members of the City Council concur with this ordinance.
Section 2: Easement Vacated
The drainage and utility easement described herein is hereby vacated.
Section 3: Effect
This ordinance shall be in force and effect from and after its passage and publication
according to the Lino Lakes City Charter and upon filing of the NorthPointe 4th Addition
final plat.
2
Adopted by the Lino Lakes City Council this 25th day of July, 2016.
The motion for the adoption of the foregoing ordinance was introduced by Council
Member_____________and was duly seconded by Council Member ___________ and
upon vote being taken thereon, the following voted in favor thereof:
The following voted against same:
____________________________
Jeff Reinert, Mayor
ATTEST:
________________________
Julianne Bartell, City Clerk
1of1DRAINAGE AND UTILITY
EASEMENT VACATION SKETCHTONY EMMERICH
CONSTRUCTION, INC.
1875 Station Parkway NW
Andover, MN 55304REVISIONS1.2.3.4.5.6.DRAWN BY:ISSUE DATE:JAB05/16/2016NORTHPOINTE 3RD ADDITION
Lino Lakes, Minnesota
f:\jobs\4581 - 4600\4586 - lino lakes parcel\cad\survey\4586_northpointe 3rd addition-easementvacation.dwgSave Date:05/17/16 FILE NO:726DRAINAGE AND UTILITY EASEMENT VACATION SKETCH
City of Lino Lakes
City Council Public Hearing
July 25, 2016
PRESENTERS:Mikaela Huot
Vice President
2
Discussion
•Tax increment financing
•Financing options
•But-for / needs analysis
•United Properties Project and TIF Request
3
What is Tax Increment Financing (TIF)?
•Financing tool used by cities for infrastructure and
other improvements
•A method of capturing tax base growth resulting from
new development
•Captures new local taxes (increment) to pay for public
improvements related to development
•Fixed term for capture, then new development added
to tax base
4
How is a TIF District Created?
•Development District
•TIF District
–TIF Plan
•Budget
•Geographic boundaries
•Purpose
–Public Hearing
–Certification
5
6
•Cities Use TIF to:
–Stimulate development where it would otherwise not occur
(“but for” test)
–Encourage development of uses that would otherwise not
occur, such as low income housing
–Enhance tax base
–Facilitate infrastructure improvements
–Facilitate redevelopment in targeted areas
–Coordinate new developments with existing plans
Tax Increment Financing (TIF)
7
•Public Improvements
•Land Acquisition
•Soil Correction-Site Grading
•Site Preparation/Demolition
•Relocation
•Cost of Qualifying Housing
•Financing Fees/Capitalized Interest
•Administrative Costs
Tax Increment Financing (TIF)
Eligible Costs
8
Tax Increment Financing (TIF)
Public Improvement Costs Allowed
•Streets and Roads
•Utilities
•Bridges and Interchanges
•Parking
•Sidewalks and walkways
•Soft costs related to any of the above
9
•G.O. Tax Increment Bonds
–Can be issued without a referendum if tax increment
contributes at least 20% of debt service costs
•Pay-as-you-go Notes
–Project financed upfront by developer
–Developer is reimbursed over time
•Revenue Bonds
–For seasoned development with a “coverage” factor and/or
guaranteed
Tax Increment Financing (TIF)
Common Methods for Financing Costs
10
Types of TIF Districts
Determines Timeframe, Uses of TIF and Ongoing
Requirements
•Redevelopment –26 years
•Renewal and Renovation –16 years
•Economic Development –9 years
•Housing –26 years
•Soils Condition –21 years
•Other
–Hazardous Substance Sub-district
11
12
Statutory Findings to Approve TIF District
•That the TIF Plan will afford maximum opportunity,
consistent with the sound needs of the City as a
whole, for development by private enterprise
•That the TIF Plan conforms to general plans for
development of the City as a whole
•That the project will qualify as a TIF District
–Specific criteria for each type of district
13
Statutory Findings to Approve TIF District
•That the proposed development, in the opinion
of the City, would not reasonably be expected
to occur solely through private investment
within the reasonably foreseeable future
–The but/for test:
•The proposed development would not occur but/for the
use of tax increment financing
14
Statutory Findings to Approve TIF District
•That the increased market value that could
reasonably be expected to occur without the
use of TIF would be less than the increase in
the market value estimated to result from the
proposed development after subtracting the
total subsidy provided
City Use of TIF
•Is project feasible?
–Does projected increment support necessary project
costs?
–Does projected increment support City costs?
–Prioritize costs
•What should TIF be used for?
•Term of District/assistance?
–Maximize use of increment to finance all related costs
–Minimize use of increment/term of district and close early
15
But-for / Needs Analysis
•Development would not occur ‘but-for’ the use of tax
increment financing
•Determine the need for and amount of public
assistance
•Financing of public improvements that could not be
supported by developer alone without assistance
16
17
But-for / Needs Analysis
•How do we make the “but-for” determination?
–Review pro forma of development with and without
assistance to determine potential return to Developer
–Use the level of return without assistance as a measure of
project’s feasibility
–If project is not feasible without assistance it is not likely to
occur
–Use the level of return with assistance as a measure of
the amount of subsidy needed
TIF Plan Approval
•Provides City with authority to use tax increment to
assist with financing of public improvements
•Does not obligate City to use tax increment or provide
tax increment assistance
•Does not obligate City to issue bonds
18
United Properties TIF Proposal/Request
•Proposed development of 402,000 SF industrial
facility
•60 jobs retained
•Green acres property
–Qualified manufacturing or distribution facility
–85% of building for manufacturing or distribution use
–90% or more of employees receive 160% of federal
minimum wage
19
United Properties TIF Proposal/Request
•Total estimated private investment
–$24,083,624
•Tax increment financing costs:
–Land acquisition:$2,181,162
–Grading, excavating, soils, utilities: $2,200,000
–Asphalt, curb/gutter, landscaping: $600,000
–Total site improvements: $2,800,000
–Offsite road improvements:$977,000
–Total eligible costs:$5,958,535
20
United Properties TIF Proposal/Request
•Total projected revenues
–Estimated market value upon completion of $18.2M
•Land and building
–Total gross increment of $2.6M
–Maximum retained by City (20%) is $520k
–Total net increment of $2.1M
21
United Properties TIF Proposal/Request
•Maximum amount to developer
–$1.2M no interest
–80% pledged annually
–Up to 6 years for reimbursement
22
Action Items
•Publication of Hearing Notice: July 12
•Public Hearing (City): July 25
–Consideration of TIF Plan and TIF District
•Public Hearing (EDA): July 25
–Following CC Meeting and Public Hearing
–Consideration of Business Subsidy
–Approval of TIF Agreement
23
24
Questions
24