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HomeMy WebLinkAbout08-14-2017 Council PacketEXPANDED AGENDA CITY COUNCIL AGENDA Monday, August 14, 2017 *********** 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 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 presented SPECIAL PRESENTATION Presentation of check to the Lino Lakes Police Department in appreciation for their assistance with the 12th Annual Patriot Ride – Jim Woodruff 1. CONSENT AGENDA A) Consideration of Expenditures: i) August 14, 2017 (Check No.106461 through 106543) in the Amount of $442,871.78 B) Consider Approval of July 24, 2017 Work Session Minutes C) Consider Approval of July 24, 2017 Council Meeting Minutes D) Consider Resolution 17-78, Authorizing Issuance of a Special Event Permit for Waldoch Farm, Inc. Pumpkin Patch and Corn Maze E) Consider Resolution 17–79, Approving a Peddler License for Renewal by Anderson F) Consider Approval of July 31, 2017 Special Work Session Minutes G) Approving Resolution 17-82, Approving Application for Off-Site Gambling Permit for a raffle conducted by Centennial High School Football Boosters at Chomonix Golf Course Action Taken: Motion by Maher, seconded by Rafferty, to approve the Consent Agenda, Items 1A through 1G as presented, was adopted 2. FINANCE DEPARTMENT REPORT No report Council Agenda -2- August 14, 2017 EXPANDED AGENDA 3. ADMINISTRATION DEPARTMENT REPORT No report 4. PUBLIC SAFETY DEPARTMENT REPORT A) Consider Hiring Paid On-Call Firefighter, John Swenson Action Taken: Motion by Manthey, seconded by Kusterman, to approve the hiring of Jonathan Stalker as recommended, was adopted 5. PUBLIC SERVICES DEPARTMENT REPORT No report 6. COMMUNITY DEVELOPMENT REPORT A) All Seasons Rental/SS Properties Addition (7932 Lake Drive), Katie Larsen i) Consider First Reading of Ordinance No. 07-17 Rezoning from R-X, Rural Executive to GB, General Business Action Taken: Motion by Manthey, seconded by Kusterman, to approve the 1st Reading of Ordinance No. 07-17 as presented, was adopted ii) Consider Resolution No. 17-80 Approving Preliminary Plat Action Taken: Motion by Manthey, seconded by Maher, to approve Resolution No. 17-80 as presented, was adopted iii) Consider Resolution No. 17-81 Approving Conditional Use Permit for Commercial Planned Unit Development and Small Engine Repair Action Taken: Motion by Manthey, seconded by Kusterman, to approve Resolution No. 17-81 as presented, was adopted B) Consider Resolution No. 17-83 Authorizing Preparation of Plans and Specifications, 2018 Street Reconstruction Project, West Shadow Lake/LaMotte, Michael Grochala Action Taken: Motion by Kusterman, seconded by Manthey, to approve Resolution No. 17-83 as presented, was adopted; Rafferty abstained C) Consider Resolution No. 17-84, Accepting Natural Resource Revolving Fund Plan, Michael Grochala Action Taken: Motion by Maher, seconded by Rafferty, to approve Resolution No. 17-84 as presented, was adopted 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Council Agenda -3- August 14, 2017 EXPANDED AGENDA Adjournment Motion by Kusterman, seconded by Manthey, to adjourn at 8:05 p.m. Following adjournment of the regular meeting, the council will reconvene to a special work session to discuss the city budget Community Calendar – A Look Ahead August 14, 2017 through August 28, 2017 August 18-20 Blue Heron Days Monday, August 28 6:00 pm, Community Room Council Work Session Monday, August 28 6:30 pm, Council Chambers City Council Meeting Updated 8/11/2017 CITY COUNCIL AGENDA Monday, August 14, 2017 *********** 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 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 Presentation of check to the Lino Lakes Police Department in appreciation for their assistance with the 12th Annual Patriot Ride – Jim Woodruff 1. CONSENT AGENDA A) Consideration of Expenditures: i) August 14, 2017 (Check No.106461 through 106543) in the Amount of $442,871.78 B) Consider Approval of July 24, 2017 Work Session Minutes C) Consider Approval of July 24, 2017 Council Meeting Minutes D) Consider Resolution 17-78, Authorizing Issuance of a Special Event Permit for Waldoch Farm, Inc. Pumpkin Patch and Corn Maze E) Consider Resolution 17–79, Approving a Peddler License for Renewal by Anderson F) Consider Approval of July 31, 2017 Special Work Session Minutes G) Approving Resolution 17-82, Approving Application for Off-Site Gambling Permit for a raffle conducted by Centennial High School Football Boosters at Chomonix Golf Course. 2. FINANCE DEPARTMENT REPORT No report 3. ADMINISTRATION DEPARTMENT REPORT No report 4. PUBLIC SAFETY DEPARTMENT REPORT A) Consider Hiring Paid On-Call Firefighter, John Swenson Council Agenda -2- August 14, 2017 5. PUBLIC SERVICES DEPARTMENT REPORT No report 6. COMMUNITY DEVELOPMENT REPORT A) All Seasons Rental/SS Properties Addition (7932 Lake Drive), Katie Larsen i) Consider First Reading of Ordinance No. 07-17 Rezoning from R-X, Rural Executive to GB, General Business ii) Consider Resolution No. 17-80 Approving Preliminary Plat iii) Consider Resolution No. 17-81 Approving Conditional Use Permit for Commercial Planned Unit Development and Small Engine Repair B) Consider Resolution No. 17-83 Authorizing Preparation of Plans and Specifications, 2018 Street Reconstruction Project, West Shadow Lake/LaMotte, Michael Grochala C) Consider Resolution No. 17-84, Accepting Natural Resource Revolving Fund Plan, Michael Grochala 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Following adjournment of the regular meeting, the council will reconvene to a special work session to discuss the city budget Community Calendar – A Look Ahead August 14, 2017 through August 28, 2017 August 18-20 Blue Heron Days Monday, August 28 6:00 pm, Community Room Council Work Session Monday, August 28 6:30 pm, Council Chambers City Council Meeting CITY COUNCIL WORK SESSION July 24, 2017 DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 DATE : July 24, 2017 4 TIME STARTED : 6:00 p.m. 5 TIME ENDED : 6:25 p.m. 6 MEMBERS PRESENT : Council Member Rafferty, Kusterman, 7 Maher, Manthey and Mayor Reinert 8 MEMBERS ABSENT : None 9 10 Staff members present: City Administrator Jeff Karlson; Public Safety Director John 11 Swenson; Community Development Director Grochala; City Planner Katie Larsen; City 12 Clerk Julie Bartell. 13 14 Item 1) Public Safety Quarterly Update – Public Safety Director Swenson reviewed 15 his written presentation (on the record). Notable events included Junior Citizens 16 Academy, Fall Citizens Academy, National Drug Take Back Initiative, New Fire 17 Equipment put into service, Child Seat Clinic (video produced). 18 19 Mayor Reinert encouraged council members to contact the Chief with any questions. 20 21 Item 2) Review Regular Council Agenda of July 24, 2017 22 23 Consent Agenda - Council Member Maher asked if the council has ever reached a point 24 where peddler licenses are limited. At some point it can become something like 25 harassment. 26 27 Mayor Reinert said the council could discuss the topic of peddler limitations at the next 28 work session. 29 30 4A) Consider Sale of Fire Apparatus - Chief Swenson noted an offer from the 31 volunteer fire department of Ellsberg in the amount of $32,500 for Engine. He reviewed 32 the cost to the city of that equipment and the amount of investment in upgrades. 33 34 The meeting was adjourned at 6:25 p.m. 35 36 These minutes were considered, corrected and approved at the regular Council meeting held on 37 August 14, 2017. 38 39 40 41 42 Julianne Bartell, City Clerk Jeff Reinert, Mayor 43 44 COUNCIL MINUTES July 24, 2017 DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 4 DATE : July 24, 2017 5 TIME STARTED : 6:30 p.m. 6 TIME ENDED : 6:55 p.m. 7 MEMBERS PRESENT : Council Member Rafferty, Kusterman, Maher, 8 Manthey, and Mayor Reinert 9 MEMBERS ABSENT : none 10 11 Staff members present: City Administrator Jeff Karlson; Community Development Director Michael 12 Grochala; Director of Public Safety John Swenson; City Planner Katie Larsen; and City Clerk Julie 13 Bartell 14 15 PUBLIC COMMENT 16 17 No one was present to address the council regarding a matter not on the agenda. 18 19 SETTING THE AGENDA 20 21 The agenda was approved as presented. 22 23 CONSENT AGENDA 24 25 Council Member Maher moved to approve the Consent Agenda, Items 1A through 1I as presented. 26 Council Member Rafferty seconded the motion. Motion carried on a voice vote. Council Member 27 Kusterman abstained from voting on Item 1I. 28 29 ITEM ACTION 30 31 Consideration of Expenditures: 32 33 July 24, 2017 (Check No. 106372 –106460, $374,757.46) Approved 34 35 Resolution 17-74, Approving Pedder License for 36 The Window Store Approved 37 38 Resolution 17-75, Approving Pedder License for 39 Excel Exteriors Approved 40 41 Resolution 17-73, Approving Issuance of a 1-4 Day 42 Temporary On-Sale Liquor License & Special Event 43 Permit for American Legion Post 566 Approved 44 45 COUNCIL MINUTES July 24, 2017 DRAFT 2 Resolution 17-76, Approving Pedder License for 46 Polar Builders, Inc. Approved 47 Resolution 17-77, Approving Pedder License for 48 Turco Construction Approved 49 50 July 5, 2017 Council Work Session Minutes Approved 51 52 July 10, 2017 City Council Meeting Minutes Approved 53 54 July 5, 2017 Closed Council Meeting Minutes Approved 55 56 FINANCE DEPARTMENT REPORT 57 58 There was no report from the Finance Department. 59 60 ADMINISTRATION DEPARTMENT REPORT 61 62 There was no report from the Administration Department 63 64 PUBLIC SAFETY DEPARTMENT REPORT 65 66 4A) Consider Sale of Fire Apparatus – Public Safety Director Swenson explained that he is 67 seeking approval to sell a piece of fire apparatus to the City of Ellsburg, Minnesota. The offer 68 amount was noted and is listed in the written report. He reviewed the city’s cost of the equipment as 69 well as the investment in upgrading the vehicles. If the sale is approved, he recommends that the 70 proceeds of the sale be deposited into the fire apparatus replacement fund. 71 72 Mayor Reinert recalled the City’s purchase of this used equipment. It has certainly benefited the city 73 during its time here. He is pleased that the city will benefit from the sale. 74 75 Council Member Rafferty moved to approve the sale of equipment as recommended by staff. 76 Council Member Maher seconded the motion. Motion carried on a voice vote. 77 78 PUBLIC SERVICES DEPARTMENT REPORT 79 80 There was no report from the Public Services Department. 81 82 COMMUNITY DEVELOPMENT DEPARTMENT REPORT 83 84 6A) Saddle Club Third Addition 85 i. Consider Resolution No. 17-39, Approving Final Plat 86 ii. Consider Resolution No. 17-40, Approving Development Agreement 87 88 City Planner Larsen reviewed a PowerPoint presentation including: 89 - The site of this phase of the Saddle Club development; 90 COUNCIL MINUTES July 24, 2017 DRAFT 3 - The location of the Comcast property that has been discussed by the council; 91 - The number of lots included (ten); 92 - Phasing plan, as it currently stands; 93 - Developer has submitted plans for a 4th Addition (Comcast Property); includes connection to 94 Foxborough development; 95 - Developer has up to two years to make the road connection; 96 - Review of sewer and water main plans; 97 - Blocks and lots review; 98 - Park dedication fees; 99 - Remaining trail construction; 100 - Transportation plan for the Saddle Club development. 101 102 Mayor Reinert asked for more information on the final two lots. Developer Marcel Eibensteiner told 103 the council that they are working hard to get an extension through (the Army Corps of Engineers). 104 105 Council Member Maher stated that she’d like to see Fox Road extended; is there a time frame. Mr. 106 Eibensteiner said with approval he will have that complete by July 1 of next year. 107 108 Council Member Manthey asked about the ponds; do they provide mitigation for area properties. 109 110 Community Development Director Grochala explained that the wetland in the area has been studied 111 and the Corps is reviewing the area to determine national involvement. That process is three months. 112 He feels Rice Creek Watershed District is amenable to proceeding. 113 114 Council Member Kusterman moved to approve Resolution No. 17-39 as presented. Council Member 115 Manthey seconded the motion. Motion carried on a voice vote. 116 117 Council Member Kusterman moved to approve Resolution No. 17-40 as presented. Council Member 118 Manthey seconded the motion. Motion carried on a voice vote. 119 120 UNFINISHED BUSINESS 121 122 There was no Unfinished Business. 123 124 NEW BUSINESS 125 126 There was no New Business. 127 128 COMMUNITY EVENTS 129 130 FAMILY CORN ROAST & COMMUNITY NIGHT will be held Thursday, July 27th, from 5:30 – 131 8:00 p.m. at Sunrise Park. Entertainment, food and family fun, including a bounce house, face 132 painting, a whiffle ball contest and other games. Free music by Handsome Midnight. 133 134 COUNCIL MINUTES July 24, 2017 DRAFT 4 NIGHT TO UNITE Will be held in neighborhoods across Lino Lakes on Tuesday, August 1st from 135 5:00 - 9:00 p.m. 136 137 COMMUNITY CALENDAR 138 139 Community Calendar – A Look Ahead 140 July 25, 2017 through August 14, 2017 141 Wednesday, July 26 6:30 pm, Council Chambers Environmental Board 142 Monday, July 31 6:00 pm, Community Room Work Session - budget 143 Thursday, August 3 8:00 am, Community Room EDAC 144 Monday, Aug. 7 6:00 pm, Community Room Council Work Session 145 Monday, Aug. 7 6:30 pm, Council Chambers Park Board 146 Monday, August 14 6:30 pm, Council Chambers City Council Meeting 147 148 ADJOURN 149 150 There being no further business, Council Member Manthey moved to adjourn at 6:55 p.m. Council 151 Member Kusterman seconded the motion. Motion carried on a voice vote. 152 153 These minutes were considered and approved at the regular Council Meeting, August 14, 2017. 154 155 156 157 158 Julianne Bartell, City Clerk Jeff Reinert, Mayor 159 160 CITY COUNCIL AGENDA ITEM 1D STAFF ORIGINATOR: Lisa Hogstad-Osterhues, Deputy City Clerk MEETING DATE: August 14, 2017 TOPIC Consider Resolution No. 17-78, Authorizing Issuance of a Special Event Permit for Waldoch Farm, Inc. Pumpkin Patch and Corn Maze VOTE REQUIRED: 3/5 INTRODUCTION City Code Chapter 615 are the City’s regulations regarding special events. The purpose of these regulations is to protect the health, safety and welfare of citizens by regulating time, place and manner of conduct by establishing permit requirements. The City charges a fee of $50 for special event permits. BACKGROUND The City has received an application from Waldoch Farm, Inc., to hold a special event on their property September 23 through October 31 daily. This is their fourth annual event. Since food is involved, a condition is being attached to their permit requiring Waldoch Farm, Inc. to contact Anoka County Environmental Services for approval. The Public Safety Department has reviewed the applications and have signed off on the permit. Staff has reviewed the application and also signed off on the permit. RECOMMENDATION Waldoch Farm, Inc.’s application for a special event permit meets the requirements of the city code and has not been found to present any safety concerns. Therefore, staff recommends that the council approve Resolution No. 17-78, Authorizing issuance of a Special Event Permit. ATTACHMENTS Resolution No. 17-78 CITY OF LINO LAKES RESOLUTION NO. 17-78 APPROVING A SPECIAL EVENT PERMIT FOR WALDOCH FARM, INC. PUMPKIN PATCH AND CORN MAZE WHEREAS, Doug Joyer, Assistant Grower/Field Manager/Beekeeper of Waldoch Farm, Inc. has submitted an application for a special event permit; and WHEREAS, Waldoch Farm, Inc. wishes to hold the third annual Pumpkin Patch/Corn Maze with attractions to bring citizens to their farm. All activities will be located on their property and WHEREAS, the Pumpkin Patch/Corn Maze would be held daily September 23 through October 31 from 10:00 a.m. to 7:00 p.m.; and WHEREAS, Waldoch Farm, Inc. is required to contact the Anoka County Environmental Services at 763-442-7069 to sell food. WHEREAS, the Waldoch Farms has submitted detailed plans to set up and operate the activities, including adequate parking plans; and WHEREAS, city staff has reviewed the special event plans and have determined that they meet the requirements of the City’s ordinances; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota: That the City Council hereby authorizes the issuance of a Special Event Permit to Waldoch Farms, Inc. to be held daily September 23 through October 31. Adopted by the Council of the City of Lino Lakes this 14th day of August, 2017. 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 1E STAFF ORIGINATOR: Lisa Hogstad-Osterhues, Deputy Clerk MEETING DATE: August 14, 2017 TOPIC: Resolution No. 17-79, Approving a Peddler License for Renewal by Andersen VOTE REQUIRED: 3/5 BACKGROUND Renewal by Andersen, 1920 County Road C West, Roseville, Minnesota has submitted a peddler’s license application to the city clerk's office. The company representatives who will be working in Lino Lakes are Leif Holelin, Michael Bolin, John Logan, Christopher Olson and Zachary Pinaire. They plan to travel through the Lino Lakes’ neighborhoods setting up appointments for free estimates. The City has received all the necessary forms required to issue this company a license. The Lino Lakes Public Safety Department has performed background checks and indicated no reason to deny the application. The application and all other required information is on file in the city clerk's office for review. RECOMMENDATION Approve Resolution No. 17-79, Approving the issuance of a peddler license for Renewal by Andersen for a six month period. CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 17-79 APPROVING A PEDDLER LICENSE FOR RENEWAL BY ANDERSEN WHEREAS, Renewal by Andersen has submitted a peddlers license application to the city clerk's office; and WHEREAS, Renewal by Andersen has complied with all of the provisions of Chapter 613 of the Lino Lakes City Code for obtaining the necessary license for a for-profit business; and WHEREAS, a background check on the company representatives who will be working in Lino Lakes have been completed by the Public Safety Department; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota: Leif Holelin, Michael Bolin, John Logan, Christopher Olson and Zachary Pinaire of Renewal by Andersen are hereby authorized to vend for a period of six-months beginning August 15, 2017 and ending February 15, 2017. Adopted by the Council of the City of Lino Lakes this 14th day of August, 2017. 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 WORK SESSION July 31, 2017 DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 DATE : July 31, 2017 4 TIME STARTED : 6:00 p.m. 5 TIME ENDED : 9:15 p.m. 6 MEMBERS PRESENT : Council Member Rafferty, Kusterman, 7 Maher, Manthey and Mayor Reinert 8 MEMBERS ABSENT : None 9 10 Staff members present: City Administrator Jeff Karlson; Public Safety Director John 11 Swenson; Community Development Director Michael Grochala; Finance Director Sarah 12 Cotton; Public Services Director Rick DeGardner; City Clerk Julie Bartell. 13 14 1. 2017 Budget – Finance Director Cotton first distributed replacements for Pages 1 and 15 3 of the draft budget packet and also one new page containing information on personnel 16 levels. 17 18 Mayor R einert remarked that budget discussions have generally started with an overview 19 of the current year. It’s a good idea to see where things are standing and look for 20 savings. 21 22 Director Cotton noted the budgeted use of reserves in the past. This year the reserve 23 level is at 54% which equates to about $325,000 available for use in 2018 while 24 maintaining a 50% reserve. For 2017 building permit revenues are high, having met the 25 year’s forecasted revenues in July. Also notable is that much of the pick up last year in 26 expenditures was due to vacancies (personnel) and there aren’t any this year. 27 28 Community Development Director Grochala remarked that building permit revenue in the 29 future is somewhat tied to lot availability which is low. Another factor impacting that 30 revenue line is storm damage. He doesn’t expect the second half of the year revenue to 31 be as high as the first half. 32 33 Police and Fire –. Mayor Reinert said Public Safety is one third the budget so he hopes 34 the Chief will check over the budget well. 35 36 Public Works – Mayor Reinert remarked that the street sign budget has had savings in the 37 past. Director DeGardner said he’d watch for savings, however, they are working on old 38 sign replacement that is well needed. Mr. DeGardner added that he expects the salt and 39 sand line item will have a savings of about $10,000. Also there should be professional 40 services savings in the amount of $4,000. Mayor Reinert noted that fleet/vehicle/fuel has 41 had some savings in the past but he expects that was due to fuel costs coming down and 42 the budget for 2017 probably reflects that. Park utilities and environmental temporaries 43 were savings areas in the past; directors said they didn’t see any savings in those accounts 44 this year. 45 CITY COUNCIL WORK SESSION July 31, 2017 DRAFT 2 46 Ms. Cotton explained the new information. Very recently the county changed the 47 valuation numbers for the city, resulting in a decrease of about $20,000 in estimated tax 48 revenue. Ms. Cotton reviewed the 2018 estimate and current proposed budget, noting 49 that the city has utilized reserves in the past and that impact is seen. Mayor Reinert 50 remarked that he prefers to refer to the reserve funds as “surplus”. Mayor Reinert also 51 remarked that surplus funds were utilized for debt service on the new fire station and now 52 that the debt service on city hall is paid, that should work out. 53 54 Ms. Cotton asked the council to keep in mind that the street reconstruction debt service 55 will come on line in 2019 and is estimated in the amount of $450,000. Director Grochala 56 added that there are certain improvements (water, sewer for example) that won’t be 57 covered by the bonds but will need to be funded. 58 59 The Closed Bond Fund was discussed briefly and there was discussion about what could 60 be expected coming into the fund through retirement of bonds. 61 62 Mayor Reinert said he remains interested in self-borrowing at some level. Council 63 Member Kusterman suggested that it is a good concept but works best when interest rates 64 are higher. The mayor said it would be important to understand possible impact on the 65 city’s credit rating. 66 67 Director Cotton, back to Page 1, noted budgeted increases for personnel costs (cost of 68 living raise) and health insurance costs. Mayor Reinert remarked that he noticed a lot of 69 reallocation; Director Cotton concurred and pointed out an example on Page 12 where 70 storm sewer maintenance is transferred out; the funding location works better with 71 scheduling and when that type of work occurs (if it runs to the next year, the budget zeros 72 out). She noted the pages that reflect increases and decreases (contingencies, police/fire 73 capital outlay). The 2018 base budget equals 2017 approved budget less capital outlay 74 plus increased personal services. Additional personnel would show up in the next 75 column, adjustments, not the base. The B-1 forms that are on Pages 14 and 15 reflect 76 changes in services. 77 78 Mayor Reinert suggested that the format presented is the best he’s seen in his role on the 79 council; he’d like to see percentages included. 80 81 The council reviewed the net tax capacity calculation (Page 3) with the understanding that 82 the figures are subject to change based on new information to be received. 83 84 Mayor Reinert asked for the amount of value increase related to development. Director 85 Cotton said the new construction amount for payable 2018 is $33,000,000 ($23,000,000 86 residental and the rest commercial/industrial) and she will provide the amount of city 87 taxes that generates. 88 89 CITY COUNCIL WORK SESSION July 31, 2017 DRAFT 3 Page 4 through Page 8– Revenues. Council Member Rafferty asked about the possibility 90 of raising park dedication fees and Director DeGardner said he has WSB looking at that 91 possibility. 92 93 Mayor Reinert asked about the reduction in the ACE program. Director Swenson said 94 there are less inquiries and less completions. The CSO position for that program has not 95 been filled because the department’s current staff is keeping up with the work. 96 97 Mayor Reinert asked about the gas franchise. Administrator Karlson remarked that there 98 was a mild winter; it appears it was overbudgeted. Ms. Cotton added that staff is trying to 99 true things up. 100 101 The council discussed the lease of the day care facilities at city hall. The lease agreement 102 does have an escalator built in. 103 104 Expenditures – Mayor Reinert asked why the Finance Department is going up. Director 105 Cotton pointed out that the increase is mainly related to personnel services. 106 107 Mayor Reinert asked about legal expenditures, suggesting that the expenses are going 108 down but the budget isn’t necessarily going down as much. Administrator Karlson 109 explained that the budget request is conservative but he feels it is important not to over 110 react at this point. Mayor Reinert suggested that there looks to be about $25,000 111 available there. 112 113 Building Inspections – The council discussed with Director Grochala the temporary 114 building inspector position. 115 116 Public Services – Staff explained that the pavement management budget was transferred 117 (storm drainage system maintenance) impacting this budget. Mayor Reinert recalled the 118 history of pavement management, including development of a pavement management 119 plan. Director Grochala said he believes the city needs a newer evaluation and explained 120 the importance of reaching streets before their condition becomes poor. Mayor Reinert 121 remarked that it makes sense to maintain, especially in the case of the city’s facilities; 122 he’d like that discussion at the next budget meeting. Council Member Maher suggested 123 that part of the discussion needs to be who is responsible for determining maintenance 124 schedules. Mayor Reinert added that things needs to be on a cycle for maintenance and 125 replacement. 126 127 Page 16, last line– Council Member Maher asked if there are more dollars expended in 128 the second half of the year than the first – the budgeted amount is so much higher than 129 what’s been spent. 130 131 Economic Development Budget – Mayor Reinert asked about the value of funds 132 supporting the area tourism group. Administrator Karlson sits on the board and offered 133 CITY COUNCIL WORK SESSION July 31, 2017 DRAFT 4 an explanation of the group’s work; the Hampton Inn in Lino Lakes is happy with the 134 benefit they receive of that group’s work. 135 136 Community Development – Administrator Karlson explained that the salary for the 137 Community Development Director is below market, based on his research. He is 138 requesting a 3% market adjustment to bring that salary more in line with the market as 139 well as representing the value that the current director brings to this city. Mayor Reinert 140 recommended that the council take a look at the information presented on that topic. 141 142 Environmental – Director Grochala explained the drop in temporary help. 143 144 Solid Waste – Director Grochala first noted that the funds come from Anoka County; 145 there is a drop due to the city’s drop in participation in some programs. 146 147 Forestry – Director Grochala explained that most of the increase relates to the Emerald 148 Ash Borer program. Mayor Reinert asked that Environmental Coordinator Asleson set up 149 a program for tree planting/replacement (with help from the DNR). Council Member 150 Rafferty asked that staff look ahead at helping residents through the loss of trees; Director 151 Grochala remarked that it would probably get real big, real fast. 152 153 Police Department – Chief Swenson explained that one addition reflects a grant officer 154 where the grant is ending in September 2018; in 2019 and ahead there will be no grant 155 funding for that position. He also noted that the third CSO position is included in the 156 budget but that is still under evaluation as far as need (about $25,000 cost). When asked 157 where the grant officer would be assigned, Chief Swenson said it would be based on 158 where the shift assignment is needed most. Council Member Manthey remarked that he 159 wants to review the full police budget and have more understanding on the roles, 160 including how responding to fire calls is impacting their work. Mayor Reinert 161 announced that the matter of the grant officer should be discussed further at the next 162 meeting. Mayor Reinert asked about the increase in supplies; Chief Swenson explained 163 the movement of small tools has an impact there however no decrease in the previous 164 budget was explained. Chief Swenson was also asked to explain the increase in travel 165 and tuition; it is mainly based on additional state training mandates. It was noted that 166 LMCIT insurance cost has gone up and the council discussed other options; 167 Administrator Karlson mentioned the benefits of the League’s plan. 168 169 Director Cotton noted the personnel information and the proposed increase of one 170 position. Director DeGardner explained that the utilities function needs an additional 171 position based on increased needs and in consideration of the amount of work they do on 172 government buildings. It would be enterprise funded and the duties are included in the 173 information before the council. 174 175 Fire Department – Chief Swenson reviewed the requests. In consideration of continuing 176 requests for additional equipment (dryer, phones), Council Member Kusterman suggested 177 it would be a good area to set up to a fund that saves for future expenses. 178 CITY COUNCIL WORK SESSION July 31, 2017 DRAFT 5 179 Streets Department- Director DeGardner explained the reductions. 180 181 Fleet Management – Director DeGardner noted the transfer of funds. Insurance rose 182 somewhat, shop parts are reduced, etc. 183 184 Government Buildings – Mayor Reinert remarked that this area does need more 185 discussion based on his earlier comments about maintenance needs. 186 187 Parks – Director DeGardner noted reduction of overtime, a stipend increase for Park 188 Board members, and contract services reduced. 189 190 Mayor Reinert asked that the council be provided with an organizational chart. 191 192 Recreation Department – small reduction in printing and publishing. 193 194 Mayor Reinert noted that the council will return to the decisions at the end of the budget 195 book at the next meeting for discussion. 196 197 Next meeting scheduled to follow the city council meeting on August 14, 2017. 198 199 Meeting adjourned at 9:15 p.m. 200 201 These minutes were considered, corrected and approved at the regular Council meeting held on 202 August 14, 2017. 203 204 205 206 207 Julianne Bartell, City Clerk Jeff Reinert, Mayor 208 209 CITY COUNCIL AGENDA ITEM 1G STAFF ORIGINATOR: Lisa Hogstad-Osterhues, Deputy Clerk MEETING DATE: August 14, 2017 TOPIC: Resolution No 17-82 Considering Approving Application for an Off-Site Gambling Permit for Centennial High School Football Boosters to hold event at Chomonix Golf Course VOTE REQUIRED: 3/5 Vote INTRODUCTION Centennial High School Football Boosters has applied for a permit to conduct off-site gambling at a fundraising event held at Chomonix Golf Course. Centennial High School Football Boosters currently has a gambling license through the Minnesota Gambling Control Board. BACKGROUND Centennial High School Football Boosters is applying for a LG230 Application to Conduct Off- Site Gambling to hold a raffle at Chomonix Golf course on Sunday, September 24, 2017. The money raised will be used towards purchasing equipment, technology, uniforms, etc. Under Minnesota Statutes, Chapter 349, Section 349.165, Subd. 5 Centennial High School Football Boosters is licensed and eligible to conduct up to 12 off site events in a calendar year in connection with a county fair, the State Fair, a church festival, or a civic celebration. There is no fee assessed for an off-site permit by the board or by local authority under Section 349.13 The application and background materials are on file in City Clerk’s office. RECOMMENDATION Approval of Resolution No. 17-82, Approving an Application to Conduct Off-site Gambling for a fundraising event conducted by Centennial High School Football Boosters held a Chomonix Golf Course. CITY OF LINO LAKES RESOLUTION NO. 17-82 Resolution Approving Centennial High School Boosters Application to Conduct Off-site Gambling WHEREAS, Minnesota Statutes, Chapter 349, Section 349.165, Subd. 5, allows licensed organizations to conduct up to 12 off site Gambling events in a calendar year. WHEREAS, the Centennial High School Boosters has submitted an application to conduct Off-site Gambling; and WHEREAS, the Centennial High School Boosters is eligible to conduct lawful off-site gambling under the city’s regulations; and WHEREAS, the Centennial High School Boosters is exempt for paying a fee for this permit, and WHEREAS, the Gambling Control Board requires that the applications be approved by the City of Lino Lakes City Council before submitting for approval; WHEREAS, the application is contingent on the background check submitted to the Public Safety Department on behalf of the Centennial High School Boosters. NOW, THEREFORE, BE IT RESOLVED by The City Council of The City of Lino Lakes, Minnesota: That the Lino Lakes City Council hereby approves the request of the Centennial High School Boosters to conduct a raffle at Chomonix Golf Course on Sunday, September 24, 2017. Adopted by the Council of the City of Lino Lakes this 14th day of August, 2017. 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 4A STAFF ORIGINATOR: John Swenson, Public Safety Director MEETING DATE: August 14, 2017 TOPIC: Hire Paid On-Call Firefighter VOTE REQUIRED: 3/5 INTRODUCTION The Lino Lakes Public Safety Department is requesting council approval to hire a paid on-call firefighter. BACKGROUND As directed by Council Resolution 14-50 staff is integrating fire operations into the Public Safety Department. Staff has been engaged in a fire recruiting and hiring process for paid on- call firefighter candidates as part of the integration process. The hiring process has been extensive including an interview process, background investigation, medical examinations, and drug screen. This process has identified candidates that will continue the Public Safety Department’s proud tradition of delivering high quality services to the Lino Lakes Community. RECOMMENDATION Staff recommends the Council approve the hiring of Jonathan Stalker for the position of paid on-call firefighter effective September 3, 2017. ATTACHMENTS None 1 CITY COUNCIL AGENDA ITEM 6A STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: August 14, 2017 TOPIC: All Seasons Rental/SS Properties Addition (7932 Lake Drive) i. Consider First Reading of Ordinance No. 07-17 Rezoning from R-X, Rural Executive to GB, General Business ii. Consider Resolution No. 17-80 Approving Preliminary Plat iii. Consider Resolution No. 17-81 Approving Conditional Use Permits for Commercial Planned Unit Development and Small Engine and Boat Repair VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council consideration of the above noted items for All Seasons Rental/SS Properties Addition (7932 Lake Drive). Complete Application Date: June 13, 2017 60-Day Review Deadline: August 12, 2017 120-Day Review Deadline: October 11, 2017 Environmental Board Meeting: July 26, 2017 Park Board Meeting: N/A Planning & Zoning Board Meeting: July 12, 2017 Tentative City Council Work Session: August 7, 2017 Tentative City Council Meeting: August 14, 2017 BACKGROUND The applicants, Scott and Shelly Carlson, own All Seasons Rental located at 7932 Lake Drive. They have purchased the vacant 1.3 commercial parcel to the south with the intent to construct a new 7,740 s.f. commercial facility. The Land Use Application is for the following: • Rezoning from R-X, Rural Executive to GB, General Business 2 • Preliminary Plat • Conditional Use Permit o Commercial Planned Unit Development o Small Engine and Boat Repair This staff report is based on the followings information: 04/17/2017: Storm Calculations, prepared by Roshell Engineering 04/14/2017: Soil Borings, prepared by Northern Technologies, LLC 01/12/2017: Site Development Plan, prepared by Jamb Architects 04/07/2017: Existing Conditions-Certificate of Survey, prepared by E.G. Rud & Son, Inc. 04/12/2017: Certificate of Survey-Resource Inventory, prepared by E.G. Rud & Son, Inc. 04/12/2017: Preliminary Plat, prepared by E.G. Rud & Son, Inc. 05/08/2017: Site, Grading, and Drainage Plan, prepared by Roshell Engineering, LLC 05/04/2017: Detail, prepared by Roshell Engineering, LLC 03/31/2017: SWPPP, prepared by Roshell Engineering, LLC 01/12/2017: Floor Plans, prepared by Jamb Architects 01/12/2017: Elevations, prepared by Jamb Architects 01/12/2017: Landscaping Plan, prepared by Jamb Architects 06/13/2017: Color renderings ANALYSIS Strikethrough text indicates staff report changes or modifications from the July 12, 2017 Planning & Zoning Report. Existing Site Conditions All Seasons Rental is located at 7932 Lake Drive on a 0.86 acre parcel. The family owned and operated business has been serving Lino Lakes and surrounding communities since 1996. The business includes retail, office and shop facilities for small engine repair and maintenance. A small concrete ready-mix station is located in the northeast corner. The business currently operates out of 2 buildings with rental equipment and vehicles stored outdoors on site. The vacant commercial parcel to the south is 1.29 acres and legally described as Lot 1, Block 1, Pine Glen. It was platted in 2006 and is currently addressed 7928 Lake Drive. There is an existing stormwater retention pond on the east side. There is a 15 foot wide trail easement along Lake Drive. The site is relatively flat with no trees, wetlands or other unique features. In addition to purchasing the vacant commercial parcel, the Carlson’s obtained a small remnant triangular parcel abutting Lake Drive. The existing parcel, the vacant commercial parcel and the remnant parcel will be combined into one parcel. A residential lot exists immediately to the east (823 Kelly Street) and a new house is currently under construction. 3 Zoning and Land Use The west half of the existing parcel is zoned GB, General Business. The east half is zoned R- X, Rural Executive. In review of historic zoning maps, since the 1950’s, a 300 foot wide corridor along the east side of Lake Drive was zoned commercial. It appears in 1988 with Ordinance No. 01-88, the City revised the zoning map and the east half of the existing parcel was rezoned to R-X, Rural Executive. Staff is not exactly sure why, but the proposed rezoning will clear up any zoning confusion. The vacant commercial and remnant parcel are zoned GB, General Business. The R-X, Rural Executive portion shall be rezoned to GB, General Business. Current Zoning GB, General Business R-X, Rural Executive Current Land Use Commercial and Vacant Commercial Future Land Use per CP Commercial Utility Staging Area 1A=2008-2015 Per Section 1007.112(7)(f), outside services, sales, and equipment rental accessory to the principal use and limited in area to twenty-five (25) percent of the gross floor area of the principal building are allowed on site. The applicant has indicated there will be no permanent outside services or sales area. Items that are displayed outside will be brought inside daily. At the July 12, 2017 Planning & Zoning Board meeting, the applicant did state there will be an outside services, sales, and equipment rental area. Rental trucks (e.g. Penske, U-Haul) will also be parked on site. Comments: 1. Outside services, sales, and equipment rental (except rental trucks) may only be displayed during business hours. 2. Outside services, sales, and equipment rental may be displayed on the sidewalks along the west and south side of the building and/or in the designated display area along CSAH 23/Lake Drive. 3. Handicap accessibility on the sidewalks shall be maintained at all times in accordance with the Minnesota Accessibility Code. 4. Plan Sheet A1.1 shall be revised to clearly show the designated display area along CSAH 23/Lake Drive and that the area is less than 25% of the gross floor area of the principal building. 5. All outside services, sales, and equipment rental (except rental trucks) shall be brought inside the principal building or the accessory storage building on a daily basis. 6. Rental trucks may only be parked in the parking stalls along CSAH 23/Lake Drive. 4 Surrounding Zoning and Land Use Direction Zoning Current Land Use Future Land Use North GB, General Business Commercial Commercial East R-1X, Single Family Executive Residential Low Density Residential South GB, General Business Vacant Commercial Commercial West R-1, Single Family Vacant Rural Mixed Use Site and Building Plan Review Site Plan The proposed 7,740 s.f. facility is located on the south end of the site with a potential 6,700 s.f. future addition. The existing two buildings will be removed. The current access off Lake Drive will be relocated to the north approximately 25 feet. It will be gated and used only for deliveries approximately 2-3 times per month. Two driveways will ingress/egress from Kelly Street. A 1,040 s.f. storage building will be located on the north end of the parcel. The existing concrete ready-mix operation will remain in the northeast corner of the site. The existing stormwater pond on the east side will be expanded and a new infiltration pond will be constructed on the west side along Lake Drive. Seven foot high security and screen fencing are proposed around the site. The parking lot will have curb and gutter and will be bituminous paved. A 15 foot trail easement exists along Lake Drive. This will remain in place but no trail improvements are required with this project. The Site Plan Review Worksheet (attached) provides additional detail related to setbacks and performance standards. The parcel is a corner lot. The front lot line is along Lake Drive. The rear lot line is opposite the front lot line and is the east lot line. The north and south boundary lines are the side lot lines. The total lot size is 95,330 s.f. (2.19 acres) which exceeds the required minimum lot size of 20,000 s.f. In general, the development meets required setbacks, lighting and landscaping except as noted below. At the July 12, 2017 Planning & Zoning Board meeting, the applicant was receptive to replacing the barbwire security fencing with privacy screen fencing. Comments: 1. All fencing shall meet ordinance requirements of Section 1007.043(18)(g). a. Along CSAH 23/Lake Street, the fence shall be parallel to the front lot line from a front corner of a principal building. b. Landscaping shrubs and trees shall be planted between the CSAH 23/Lake Street lot line and fence. 5 c. Landscaping shrubs and trees are not required along the privacy fence along the north lot line. 2. A minimum 6 foot high landscape screen is required along the east property line abutting the residential property. The proposed 7 foot high screen fence needs to be offset from the property line and have plantings on the residential side per Section 1007.043(17)(f). a. Staff suggests the screen fence proposed on the east side of the stormwater pond be removed and the proposed 7 foot security fence on the west side of the stormwater pond be a screen fence. b. The screen fence along the east property line cannot extend closer than 30 feet to the property line along Kelly Street. 3. Security fencing with barb wire must be 8 feet in height. The applicant has agreed to remove to the barb wire security fencing with privacy screen fencing. 4. Security fencing with barb wire is not allowed in the front yard (Lake Drive) or along a property line abutting a residential use. 5. The applicant shall evaluate the need for security fencing if there is no longer going to be outdoor storage of rental equipment etc. 6. No additional accessory structures (permanent or temporary) shall be allowed without an amendment to the conditional use permit. 7. All driveways and parking lot areas shall be paved. This includes the north portion of the development near the accessory storage building. 8. A minimum 5 foot wide sidewalk shall be installed along the west and south elevations of the building. 9. Trash enclosure shall be located on the north side of the main building as far from the residential property as possible. The Planning & Zoning Board had no issues with the proposed location of the trash enclosure. 10. Gate on trash enclosure cannot be chain link and shall be a minimum of 80% opaqueness. 11. Sheet A1.1 shows the accessory storage building as 40 ft x 25 ft (1,000 s.f.) but the detailed specifications indicate 40 ft x 26 ft (1,040 s.f.). Plans shall be revised accordingly. Architectural Plans and Exterior Building Materials The main building is approximately 24 feet in height. The 7,700 s.f. lower level consists of a display area, shop area and warehouse. The 1,440 s.f. upper level has offices, conference rooms and a breakroom. Exterior materials include brick, pre-colored concrete block, precast concrete stone, EFIS and glass. The materials and percentages meet performance standards. The accessory storage building is 26 feet wide x 40 feet long (1,040 s.f.) and 17 feet in height. The accessory structure exceeds the allowed 400 s.f. for commercial properties; however, the commercial planned unit development allows for multiple buildings without restrictions to size. The accessory structure has a gable trussed roof and residential steel siding. Exterior material colors are beige siding with bronze trim. A 40 inch wainscot steel siding is proposed. Section 1007.043(2)(d)2 states that 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 6 units, natural stone, manufactured stone, transparent, tinted or low-reflective glass, or decorative metal cladding. The proposed lap residential steel siding on the accessory storage building is allowed through the flexibility of the planned unit development. The base of the building shall be brick to match the main building. Comments: 1. Sheet A2.1 shall include the square footage of each area on the plan sheet. 2. Sheet A3.1: a. Exterior material square footage and percent shall be included on plan sheet. b. Height of building and accessory storage building and measurements shall be included on plan sheet. c. Mechanical equipment location and screening details shall be provided. d. The east and west elevations shall be properly labeled. 3. Accessory Storage Building: a. The 40 inch wainscot base shall be brick to match the main building. 4. A color and material palette for both the principal and accessory storage building shall be provided. Grading Plan and Stormwater Management The existing retention pond on the east side of the site was constructed in 2005 with the Pine Glen development. This pond is being expanded to accommodate the new development. A new infiltration pond is also being constructed on the west side of the site. Comments: 1. Sheet C0 Site, Grading and Drainage Plan: a. Trail easement along Lake Drive shall be shown to provide adequate room for a future trail. b. Plan shall clearly show all parking lot areas, driveways and drive aisles as paved bituminous or concrete surface. Public Utilities The existing building at 7932 Lake Drive is on private well and septic system. The utility plan notes services to be abandoned at property line. The new facility will be municipally served by an 8” PVC sanitary sewer and a 12” DIP watermain located along Kelly Street. Comments: 1. The private well shall be properly sealed unless it is going to be used for irrigation. 2. The septic system shall be property abandoned. Landscaping and Tree Preservation Plan Canopy cover calculations have been provided indicating 17 large trees are required. The landscape plan shows 16 large trees and 5 medium trees that satisfy the requirements. However, it does not appear the Vehicle Hardscape area includes the drive lanes on the north 7 portion of the property that are required to be paved. The canopy cover calculations shall be revised. Foundation plantings are shown on Plan Sheet LS1.2. The calculations provided indicate 8 trees and 24 shrubs are required; however, only the linear feet of the facades facing Lake Drive and Kelly Street shall be calculated. The foundation landscape calculations shall be revised. Open area calculations indicate 9,140 s.f. of open area; however, it is not clear what area is being calculated. Section 1007.043 (17)(f) requires a minimum 6 foot landscape screen and/or fence between any development and any less intense residential land use. A minimum 7 foot high screen fence is required along the east property line including shrub and tree cover for 50% of the wall or fence on the exterior side. Due to the existing stormwater pond on the east side, if a fence and required landscaping cannot fit along the property line, it may be possible to put the fence and landscaping on the west side of the pond. Section 1007.043 (17)(f) also requires landscape screening between a parking lot and public right of way. This shall be required along both Lake Drive and Kelly Street. The plan sheet only indicates a berm along Kelly Street. Comments: 1. Sheet LS1.1 and LS1.2 Landscape Plan: a. All calculations shall be shown on the plan set. b. Canopy Coverage: i. The chart from Section 1007.043(17)(c)3 shall be completed and shown on plan sheet. ii. Vehicle Hardscape area shall include required paved drive lanes on north portion of property. c. Foundation Landscape: i. The chart from Site Plan Worksheet shall be completed and shown Plan Sheet LS1.2. ii. Size (small, medium, large) of each tree and shrub shall be indicated. d. Open Area Standards: 1. Sheet LS1.1 shall clearly indicate the area being calculated as open area and the trees and shrubs counted towards compliance. e. Buffer and Screen Standards: i. Plan Sheet A1.1 and LS1.1 shall be revised to include a fence and landscaping in compliance with Section 1007.043(17)(f). ii. A landscape buffer shall be provided along the parking lots along both Lake Drive and Kelly Street. 2. Irrigation is required for all grass and landscaped areas. 3. Details and cross sections are required for all proposed landscape berms. 4. Seed mix details are required for stormwater ponds. 5. Landscaping shrubs and trees shall be planted between the CSAH 23/Lake Street lot line and fence. 8 Signage A separate Sign Permit Application shall be required for all walls signs and monument signs. Impervious Surface Coverage The allowed impervious surface coverage is 75% for GB, General Business. The proposed 64% is compliant. Pre-Development Post-Development Impervious 0.73 acres (33%) 1.4 acres (64%) Pervious 1.46 acres (67%) 0.79 acres (36%) TOTAL 2.19 acres 2.19 acres Comprehensive Plan Resource Management System The Resource Management System Plan goal of preserving surface water quality is supported by the construction of stormwater management BMP’s such as curb, gutter and retention and infiltration basins. Land Use Plan The Comprehensive Plan guides this property for commercial use. The proposed All Seasons Rental is a retail rental equipment business and is consistent with commercial land use. Housing Plan The goals and policies of Housing Plan are not negatively impacted by All Seasons Rental development. Landscape buffers and screens will be required adjacent to the residential development to the east. Transportation Plan Goals of the Transportation Plan are to ensure that street and roads are as safe as possible and to reduce unnecessary traffic. All Seasons Rental does not change the level of service along CSAH 23/Lake Drive or Kelly Street. Delivery vehicles will egress/ingress onto CSAH 23/Lake Drive. Customer traffic will egress/ingress onto Kelly Street then immediately onto CSAH 23/Lake Drive. CSAH 23/Lake Drive is an “A” minor reliever road and has capacity to handle existing traffic volumes created by the development. Sanitary Sewer and Water Supply Plan The existing building at 7932 Lake Drive is on private well and septic system. The new facility will be served by an 8” PVC sanitary sewer and a 12” DIP watermain located along Kelly 9 Street. The existing sanitary sewer and water supply system have capacity for the new development. Subdivision Ordinance The development is a combination of 3 parcels. The existing north parcel is un-platted and has a metes and bounds legal description. The vacant south parcel is platted and legally described as Lot 1, Block 1, Pine Glen. The third parcel is a remnant parcel along Lake Drive. The parcels will be combined via plat to provide clear title and dedicate required easements. The name of the plat is SS Properties Addition. Conformity with the Comprehensive Plan and Zoning Code The preliminary plat is consistent with the comprehensive plan for commercial development and zoning code requirements for GB, General Business as discussed above. Blocks and Lots The proposed preliminary plat contains Lot 1, Block 1, SS Properties Addition. There are no outlots. Streets and Alleys The front lot line is along CSAH 23/Lake Drive. The south lot line is along Kelly Street. No street improvements are required. Easements Standard drainage and utility easements at least 10 feet wide have been provided along all lot lines. Easements are also provided over both stormwater management facilities. A 15 foot trail easement exists along CSAH 23/Lake Drive. This will remain in place although no trail improvements are required at this time. Comments: 1. A separate trail easement shall be granted to the City extending the existing 15 foot trail easement the entire length of the parcel along CSAH 23/Lake Drive. 2. The applicant shall draft this document for City review and approval and shall be recorded against the property. There are existing drainage and utility easements along the lot lines of Lot 1, Block 1, Pine Glen. These easements will be vacated and dedicated on the final plat of SS Properties Addition. The easement vacation will be processed with the final plat application. Public Land Dedication 10 Commercial park dedication fees for Lot 1, Block 1, Pine Glen were paid in 2005 with that development. No additional park dedication fees are required. Wetlands There are no wetlands on site. Floodplain There are no floodplains located on site. Anoka County Highway Department Staff has distributed materials to Anoka County Highway Department and is waiting their comments. Environmental Board The Environmental Board reviewed the development at their July 28, 2017 meeting. The Environmental Coordinator notes that the owner shall submit design plans for the concrete mix devices to collect concrete mix spillage and a washout collection area. Stormwater Maintenance Agreement A Stormwater Maintenance Agreement is required. Development Agreement A Development Agreement is required. Planning and Zoning Board The Planning & Zoning Board held a public hearing on July 12, 2017. One neighborhood resident commented on concerns regarding excess traffic and the parking of rental trucks. The Board recommended approval with a 6-0 vote with the conditions noted in Resolution No. 17- 80 and No. 17-81. Findings of Fact Council Resolution No. 17-80 details the preliminary plat findings of fact. Council Resolution No. 17-81 details the conditional use permit findings of fact. RECOMMENDATION Staff and the Board recommend approval of the following items: • First Reading of Ordinance No. 07-17 Rezoning from R-X, Rural Executive to GB, General Business 11 • Resolution No. 17-80 Approving Preliminary Plat • Resolution No. 17-81 Approving Conditional Use Permit for Commercial Planned Unit Development and Small Engine Repair ATTACHMENTS 1. Aerial Map 2. Color Rendering 3. Sheet A1.1 Site Development Plan 4. Ordinance No. 07-17 5. Resolution No. 17-80 6. Resolution No. 17-81 0 100 20050 FeetLAKE DRLAKE DRVICKY LNVICKY LNJAMES STJAMES ST KELLY STKELLY ST841841 840840820820 79287928 826826 823823 835835 79437943 790790 79327932 79607960 829829 820820 79477947 799799 VICKY LN VICKY LN JAMES STJAMES ST KKEELLLLYY SS TT Aerial MapAll Seasons Rental µDate: 7 /6/2017 1 1st Reading: Publication: 2nd Reading: Effective: CITY OF LINO LAKES ORDINANCE NO. 07-17 ORDINANCE TO REZONE PROPERTY FROM R-X, RURAL EXECUTIVE TO GB, GENERAL BUSINESS FOR ALL SEASONS RENTAL/SS PROPERTIES ADDITION (7932 LAKE DRIVE) 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 R-X, Rural Executive to GB, General Business. 2. The Planning and Zoning Board held a public hearing on July 12, 2017. 3. 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: (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. All Seasons Rental is consistent with the official City Comprehensive Plan. The parcels are guided commercial and the retail rental business is consistent with that land use. The development is also consistent with the goals and policies of the comprehensive plan in regards to resource management, transportation, utilities and local water management plan. (b) The proposed use is or will be compatible with present and future land uses of the area. All Seasons Rental is compatible with present and future land uses of the area. Land uses surrounding the subject site are guided for commercial development, mixed use and residential. (c) The proposed use conforms with all performance standards contained herein. All Seasons Rental conforms with all performance standards with some minor revisions as detailed in the July 12, 2017 Planning & Zoning staff report. 2 (d) The proposed use can be accommodated with existing public services and will not overburden the City’s service capacity. All Seasons Rental can be accommodated with existing public services. The new facility will be served by an 8” PVC sanitary sewer and a 12” DIP watermain located along Kelly Street. The proposed commercial building will not overburden the City’s service capacity for either water or sanitary sewer. (e) Traffic generation by the proposed use is within capabilities of streets serving the property. Traffic generated by All Seasons Rental is within capabilities of the streets serving the property. CSAH 23/Lake Drive is a minor arterial reliever street. Kelly Street is a local street. Section 2: Amendment The Zoning Ordinance of the City of Lino Lakes is hereby amended to zone the following described property to GB, General Business. Section 3: Legal Description The parcel is depicted on Exhibit A attached herein and legally described as follows: PARCEL A: That part of the North 135.00 feet of the west 248.50 ·feet of the South Half of the Northwest Quarter of the Northwest Quarter of Section 9, Township 31, Range 22, Anoka County, Minnesota, lying easterly of State Trunk Highway No. 8, except that part taken for road, according to the United States Government Survey thereof, Anoka County, Minnesota. AND PARCEL B: The North 135.00 feet of the east 80 feet of the west 328.50 feet of the South Half of the Northwest Quarter of the Northwest Quarter, Section 9, Township 31, Range 22, Anoka County, Minnesota. AND Lot 1, Block 1, PINE GLEN, Anoka County, Minnesota. AND All that part of Lot 5 AUDITOR'S SUBDIVISION NO. 100, Anoka County, Minnesota, described as follows: 3 Beginning at the most Northerly corner of said Lot 5; thence Southerly on the East line of said Lot 5, 88.62 feet; thence Westerly at right angles, 46.34 feet, more or less, to the Northwesterly line of said Lot 5 (being the Southeasterly right of way line of old Highway 8, now County State Aid Highway No. 23); thence Northeasterly along said Northwesterly line to the point of beginning, except Parcel 39, Anoka County Highway Right-of-Way Plat No. 17, Anoka County, Minnesota. Section 4: Development Regulations The development shall conform to the plans, requirements, and conditions of approval as listed in Council Resolution No. 17-80 and No. 17-81. 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. Adopted by the Lino Lakes City Council this ____ day of __________________, 2017. 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 CERTIFICATE IF SUR -RESIURCEI TORY -of-SS PROPERTIES ADDITION -for-ALL SEASONS RENTAL 7932 LAKE DRIVE, LINO LAKES, MN 55014 651-717-2942 PROPERn DESCRIPTION PARCEL A: That part of the North 135.00 feet of the west 248.50 ·feet of the South Half of the Northwest Quarter of the Northwest Quarter of Section 9, Township 31, Range 22, Anoka County, Minnesota, lying easterly of State Trunk Highway No. 8, except that part taken for road, according to the United States Government Survey thereof, Anoka County, Minnesota. AND PARCEL B: The North 135.00 feet of the east 80 feet of the west 328.50 feet of the South Half of the Northwest Quarter of the Northwest Quarter, Section 9, Township 31, Range 22, Anoka County, Minnesota. AND Lot 1, Block 1, PINE GLEN, Anoka County, Minnesota. AND All that part of Lot 5 AUDITOR'S SUBDIVISION NO. 100, Anoka County, Minnesota, described as follows: Beginning at the most Northerly corner of said Lot 5; thence Southerly on the East line of said Lot 5, 88.62 feet; thence Westerly at right angles, 46.34 feet, more or less, to the Northwesterly line of said Lot 5 (being the Southeasterly right of way line of old Highway 8, now County State Aid Highway No. 23); thence Northeasterly along said Northwesterly line to the point of beginning, except Parcel 39, Anoka County Highway Right-of-Way Plat No. 17, Anoka County, Minnesota. NOTES Field survey was completed by E.G. Rud and Sons, Inc. on 12/13/16. Property Address: 7928 and 7932 Lake Drive, Lino Lakes, MN 55014. Bearings shown are on Anoka County Coordinate System. Curb shots are taken at the top and back of curb. This survey was prepared without the benefit of title work. Additional easements, restrictions and/or encumbrances may exist other than those shown hereon. Survey subject to revision upon receipt of a current title commitment or an attorney's title op1n1on. Due to field work being completed during the winter season there may be improvements in addition to those shown that were not visible due to snow and ice conditions characteristic of Minnesota winters. www.egrud.com I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. BLAKE L. RIVARD Oat e:_4c._-_1 2_-_1_7_~ License No. 19421 Professional land Surveyors 6776 Lake Drive NE~ Suite 110 Uno Lakes, MN 55u14 Tel. 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OR 2.19 ACRES, MORE OR LESS ZONING ANI SETBACKS CURRENT ZONING IS R-X -RURAL EXECUTIVE AND GB -GENERAL BUSINESS PROPOSED ZONING IS ALL GB -GENERAL BUSINESS BUILDING SETBACKS: C.S.AH NO. 23 (LAKE DRIVE) KELLY STREET REAR YARD SIDE YARD FROM RESIDENTIAL PARKING SETBACKS: FROM STREET REAR YARD SlOE YARD 40 FEET 30 FEET 30 FEET 10 FEET 35 FEET 15 FEET 10 FEET 10 FEET Cln OF LIND lAKES 2030 PlAN 2006 EXISTING LAND USE: GENERAL BUSINESS FUTURE LAND USE: GENERAL BUSINESS DRAWN BYo JEN JOB NO: 16961PP jDATE: 12/16/16 CHECK BY: BLR SCANNED 0 1 04/07/17 Added property JEN 2 04/12/17 Added info JEN 3 NO. DATE DESCRIPTION BY 16961PP 1 CITY OF LINO LAKES RESOLUTION NO. 17-80 APPROVING PRELIMINARY PLAT FOR SS PROPERTIES ADDITION WHEREAS, the City received a land use application for preliminary plat for SS Properties Addition hereafter referred to as “Development”; and WHEREAS, City s taff completed a review of the “Development” based on the following: • 04/17/2017: Storm Calculations, prepared by Roshell Engineering • 04/14/2017: Soil Borings, prepared by Northern Technologies, LLC • 01/12/2017: Site Development Plan, prepared by Jamb Architects • 04/07/2017: Existing Conditions-Certificate of Survey, prepared by E.G. Rud & Son, Inc. • 04/12/2017: Certificate of Survey-Resource Inventory, prepared by E.G. Rud & Son, Inc. • 04/12/2017: Preliminary Plat, prepared by E.G. Rud & Son, Inc. • 05/08/2017: Site, Grading, and Drainage Plan, prepared by Roshell Engineering, LLC • 05/04/2017: Detail, prepared by Roshell Engineering, LLC • 03/31/2017: SWPPP, prepared by Roshell Engineering, LLC • 01/12/2017: Floor Plans, prepared by Jamb Architects • 01/12/2017: Elevations, prepared by Jamb Architects • 01/12/2017: Landscaping Plan, prepared by Jamb Architects • 06/13/2017: Color renderings; and WHEREAS, a public hearing was held before the Planning & Zoning Board on July 12, 2017 and the Board recommended approval of the “Development”. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby makes the following: FINDINGS OF FACT Per Subdivision Ordinance Section 1001.013, Premature Subdivision: (1) General. Any concept plan, preliminary plat or final plat deemed premature pursuant to the following criteria shall be denied by the City Council. (2) Conditions for establishing a premature subdivision. A subdivision may be deemed premature should any of the following conditions not be met. (a) Consistency with the Comprehensive Plan. Including any of the following: 1. Land use plan; 2. Transportation plan; 3. Utility (sewer and water) plans; 4. Local water management plan; 5. Capital improvement plan; and 6. Growth management policies, including MUSA allocation criteria. 2 All Seasons Rental is consistent with the goals and policies of the comprehensive plan in regards to resource management, land use, housing, transportation and utilities. The development is also consistent with the local water management plan, capital improvement plans and growth management policies. (b) Consistency with infill policies. A proposed urban subdivision shall meet the city's infill policies: 1. The urban subdivision must be located within the Metropolitan Urban Service Area (MUSA) or the staged growth area as established by the city's Comprehensive Plan; 2. The cost of utilities and street extensions must be covered by one or more of the following: a. An immediate assessment to the proposed subdivision; b. One hundred percent of the street and utility costs are privately financed by the developer; c. The cost of regional and/or oversized trunk utility lines can be financed with available city trunk funds; and d. The cost and timing of the expenditure of city funds are consistent with the city's capital improvement plan. 3. The cost, operation and maintenance of the utility system are consistent with the normal costs as projected by the water and sewer rate study; and 4. The developer payments will offset additional costs of utility installation or future operation and maintenance. All Seasons Rental is consistent with infill policies. The development is within the current Utility Staging Area 1A=2008-2015. No new utility or street extensions are required. The cost, operation and maintenance of the utility system is consistent with the normal costs projected by the water and sanitary system plans. No future utility costs are proposed. (c) Roads or highways to serve the subdivision. A proposed subdivision shall meet the following requirements for level of service (LOS), as defined by the Highway Capacity Manual: 1. If the existing level of service (LOS) outside of the proposed subdivision is A or B, traffic generated by a proposed subdivision will not degrade the level of service more than one grade; 2. If the existing LOS outside of the proposed subdivision is C, traffic generated by a proposed subdivision will not degrade the level of service below C; 3. If the existing LOS outside of the proposed subdivision is D, traffic generated by a proposed subdivision will not degrade the level of service below D; 4. The existing LOS must be D or better for all streets and intersections providing access to the subdivision. If the existing level of service is E or F, the subdivision developer must provide, as part of the proposed project, improvements needed to ensure a level of service D or better; 5. Existing roads and intersections providing access to the subdivision must have the structural capacity to accommodate projected traffic from the proposed subdivision or the developer will pay to correct any structural deficiencies; 6. The traffic generated from a proposed subdivision shall not require city street improvements that are inconsistent with the Lino Lakes capital improvement plan. 3 However, the city may, at its discretion, consider developer-financed improvements to correct any street deficiencies; 7. The LOS requirements in divisions (2)(c)1. to 4. above do not apply to the I-35W/Lake Drive or I-35E/Main St. interchanges. At city discretion, interchange impacts must be evaluated in conjunction with Anoka County and the Minnesota Department of Transportation, and a plan must be prepared to determine improvements needed to resolve deficiencies. This plan must determine traffic generated by the subdivision project, how this traffic contributes to the total traffic, and the time frame of the improvements. The plan also must examine financing options, including project contribution and cost sharing among other jurisdictions and other properties that contribute to traffic at the interchange; and 8. The city does not relinquish any rights of local determination. All Seasons Rental meets the requirements for level of service (LOS). Traffic generated by All Seasons Rental is within capabilities of the streets serving the property. CSAH 23/Lake Drive is a minor arterial reliever street. Kelly Street is a local street. The existing roads and intersections providing access to the development have structural capacity to accommodate the projected traffic from one new single family home. No street improvements are proposed that are inconsistent with the City’s capital improvement plan. The city does not relinquish any rights of local determination. (d) Water supply. A proposed subdivision shall be deemed to have an adequate water supply when: 1. The city water system has adequate wells, storage or pipe capacity to serve the subdivision; 2. The water utility extension is consistent with the Lino Lakes water plan and offers the opportunity for water main looping to serve the urban subdivision; 3. The extension of water mains will provide adequate water pressure for personal use and fire protection; and 4. The rural subdivision can demonstrate that each of the proposed lots can be provided with a potable water supply. All Seasons Rental will have an adequate water supply. A 12” DIP watermain along Kelly Street will serve the development. The City’s water system has capacity to accommodate the commercial development. (e) Waste disposal systems. A proposed subdivision shall be served with adequate waste disposal systems when: 1. The urban sewered subdivision is located inside the city's MUSA or is consistent with the MUSA allocation criteria; 2. The city has sufficient MUSA and pipe capacity to serve the subdivision if developed to its maximum density; 3. The subdivision will result in a sewer extension consistent with Lino Lakes sewer plan and capital improvement plan; 4. A rural subdivision can demonstrate that each lot can be served by an adequate sanitary sewer disposal system; and 5. A rural subdivision with a proposed communal sanitary sewer or water system has an effective long range management and maintenance program with proper financing. 4 All Seasons Rental will be served with an adequate waste disposal system. The development is within the current Utility Staging Area 1A=2008-2015 and will be served by an 8” PVC sewer main along Kelly Street. The sanitary sewer system has capacity to accommodate the commercial development. BE IT FURTHER RESOLVED by the City Council of The City of Lino Lakes hereby establishes that SS Properties Addition is not a premature subdivision; and BE IT FURTHER RESOLVED by The City Council of The City of Lino Lakes hereby approves the preliminary plat for SS Properties Addition subject to the following conditions: 1. All conditions of Resolution No. 17-81 shall be met. 2. All comments from the City Engineer letter dated July 6, 2017 shall be addressed. 3. All comments from the Environmental Coordinator letter dated August 8, 2017 shall be addressed. 4. A Drainage and Utility Easement Vacation Exhibit with legal descriptions shall be submitted with the final plat application. 5. A separate trail easement shall be granted to the City extending the existing 15 foot wide trail easement the entire length of the parcel along CSAH 23/Lake Drive. 6. The applicant shall draft this document for City review and approval and shall be recorded against the property. Adopted by the Council of the City of Lino Lakes this 14th day of August, 2017. 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 OF LINO LAKES RESOLUTION NO. 17-81 RESOLUTION APPROVING CONDITIONAL USE PERMITS FOR ALL SEASONS RENTAL/SS PROPERTIES ADDITION (7932 LAKE DRIVE) WHEREAS, the City received an application for conditional use permits for commercial planned unit development and small engine and boat repair for All Seasons Rental located at 7932 Lake Drive and hereafter referred to as “Development”; and WHEREAS, the property is zoned GB, General Business and allows for such uses with a conditional use permit; and WHEREAS, the legal description of the subject property is: PARCEL A: That part of the North 135.00 feet of the west 248.50 ·feet of the South Half of the Northwest Quarter of the Northwest Quarter of Section 9, Township 31, Range 22, Anoka County, Minnesota, lying easterly of State Trunk Highway No. 8, except that part taken for road, according to the United States Government Survey thereof, Anoka County, Minnesota. AND PARCEL B: The North 135.00 feet of the east 80 feet of the west 328.50 feet of the South Half of the Northwest Quarter of the Northwest Quarter, Section 9, Township 31, Range 22, Anoka County, Minnesota. AND Lot 1, Block 1, PINE GLEN, Anoka County, Minnesota. AND All that part of Lot 5 AUDITOR'S SUBDIVISION NO. 100, Anoka County, Minnesota, described as follows: Beginning at the most Northerly corner of said Lot 5; thence Southerly on the East line of said Lot 5, 88.62 feet; thence Westerly at right angles, 46.34 feet, more or less, to the Northwesterly line of said Lot 5 (being the Southeasterly right of way line of old Highway 8, now County State Aid Highway No. 23); thence Northeasterly along said Northwesterly line to the point of beginning, except Parcel 39, Anoka County Highway Right-of-Way Plat No. 17, Anoka County, Minnesota.; and WHEREAS, the City Council approved Resolution No. 17-80 for preliminary plat of SS Properties Addition, and 2 WHEREAS, City staff has completed a review of the proposed “Development” based on the following plans: 04/17/2017: Storm Calculations, prepared by Roshell Engineering 04/14/2017: Soil Borings, prepared by Northern Technologies, LLC 01/12/2017: Site Development Plan, prepared by Jamb Architects 04/07/2017: Existing Conditions-Certificate of Survey, prepared by E.G. Rud & Son, Inc. 04/12/2017: Certificate of Survey-Resource Inventory, prepared by E.G. Rud & Son, Inc. 04/12/2017: Preliminary Plat, prepared by E.G. Rud & Son, Inc. 05/08/2017: Site, Grading, and Drainage Plan, prepared by Roshell Engineering, LLC 05/04/2017: Detail, prepared by Roshell Engineering, LLC 03/31/2017: SWPPP, prepared by Roshell Engineering, LLC 01/12/2017: Floor Plans, prepared by Jamb Architects 01/12/2017: Elevations, prepared by Jamb Architects 01/12/2017: Landscaping Plan, prepared by Jamb Architects 06/13/2017: Color renderings; and WHEREAS, a public hearing was held before the Planning & Zoning Board on July 12, 2017, and the Board recommended approval of the conditional use permits. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby makes the following: FINDINGS OF FACT 1. The proposed development application has been found to be consistent with the policies and recommendations of the Lino Lakes Comprehensive Plan including: a. Land Use Plan. b. Transportation Plan. c. Utility (Sewer and Water) Plans. d. Local Water Management Plan. e. Capital Improvement Plan. f. Policy Plan. g. Natural Environment Plan. All Seasons Rental is consistent with the official City Comprehensive Plan. The parcels are guided commercial and the retail rental business is consistent with that land use. The development is also consistent with the goals and policies of the comprehensive plan in regards to resource management, transportation, utilities and local water management plan. 3 2. The proposed development application is compatible with present and future land uses of the area. All Seasons Rental is compatible with present and future land uses of the area. Land uses surrounding the subject site are guided for commercial development, mixed use and residential. 3. The proposed development application conforms to performance standards herein and other applicable City Codes. All Seasons Rental conforms will all performance standards as detailed in the July 12, 2017 Planning & Zoning staff report. 4. Traffic generated by a proposed development application is within the capabilities of the City when: a. If the existing level of service (LOS) outside of the proposed subdivision is A or B, traffic generated by a proposed subdivision will not degrade the level of service more than one grade. b. If the existing LOS outside of the proposed subdivision is C, traffic generated by a proposed subdivision will not degrade the level of service below C. c. If the existing LOS outside of the proposed subdivision is D, traffic generated by a proposed subdivision will not degrade the level of service below D. d. The existing LOS must be D or better for all streets and intersections providing access to the subdivision. If the existing level of service is E or F, the subdivision developer must provide, as part of the proposed project, improvements needed to ensure a level of service D or better. e. Existing roads and intersections providing access to the subdivision must have the structural capacity to accommodate projected traffic from the proposed subdivision or the developer will pay to correct any structural deficiencies. f. The traffic generated from a proposed subdivision shall not require City street improvements that are inconsistent with the Lino Lakes Capital Improvement Plan. However, the City may, at its discretion, consider developer-financed improvements to correct any street deficiencies. g. The LOS requirements in paragraphs a. to d. above do not apply to the I- 35W/Lake Drive or I-35E/Main St. interchanges. At City discretion, interchange impacts must be evaluated in conjunction with Anoka County and the Minnesota Dept. of Transportation, and a plan must be prepared to determine improvements needed to resolve deficiencies. This plan must determine traffic generated by the subdivision project, how this traffic 4 contributes to the total traffic, and the time frame of the improvements. The plan also must examine financing options, including project contribution and cost sharing among other jurisdictions and other properties, that contribute to traffic at the interchange. h. The City does not relinquish any rights of local determination. Traffic generated by All Seasons Rental is within capabilities of the streets serving the property. CSAH 23/Lake Drive is a minor arterial reliever street. Kelly Street is a local street. 5. The proposed development shall be served with adequate and safe water supply. All Seasons Rental will have an adequate water supply. A 12” DIP watermain along Kelly Street will serve the development. The City’s water system has capacity to accommodate the commercial development. 6. The proposed development shall be served with an adequate and safe sanitary sewer system. All Seasons Rental will be served with an adequate waste disposal system. The development is within the current Utility Staging Area 1A=2008-2015 and will be served by an 8” PVC sewer main along Kelly Street. The sanitary sewer system has capacity to accommodate the commercial development. 7. The proposed development shall not result in the premature expenditures of City funds on capital improvements necessary to accommodate the proposed development. No City funds are being expended on this project. 8. The proposed development will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. All Seasons Rental is an allowed use within the GB, General Business District with an approved conditional use permit. The project will not generate excessive traffic, noise, smoke, fumes, glare or odors. 9. The proposed development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. There are no natural, scenic or historic features on the existing site. BE IT FURTHER RESOLVED by The City Council of Lino Lakes in addition to the administrative requirements of a conditional use permit, the following specific performance standards are also being met: 5 • Section 1007.112(8)(j) Planned unit development – commercial including shopping centers regulated by §1007.024 of this Ordinance. Per Section 1007.024(5) Commercial or Industrial Planned Unit Development, CUP Requirements. (a) Purpose. It is the intent of this section to further the directives of §1007.001 and establish special requirements for the granting of a conditional use permit to allow flexibility from the strict provisions of this Ordinance in regard to multiple buildings, shared access/ parking, parking supply reductions, internal setbacks, etc. The development proposes a 7,740 s.f. principal commercial building and a 1,040 s.f. accessory storage building. Commercially zoned districts are only allowed one (1) 400 s.f. accessory structure. A Conditional Use Permit for a commercial Planned Unit Development would allow for the larger 1,040 s.f. accessory storage building to securely store rental equipment and eliminate the need for excess outdoor storage. (b) Standards. 1. Open Space. a. The PUD design will result in greater landscaped pervious area than the base zoning district standard. The GB, General Business District allows for 75% impervious surface coverage. The new development proposes only 64% impervious surface coverage. The open space is landscaped with sod, trees and/or shrubs. b. The PUD design will result in the protection of important natural features (e.g., wetlands, significant trees, water courses, slopes over twelve (12) percent). There are no important natural features on site. c. The PUD design will include extensive landscaping with an emphasis on streetscape, site entrances, and the perimeter of the building. The landscape plan provides canopy cover, open space and foundation plantings along Lake Drive, Kelly Street and around the perimeter of the building. 2. Architectural Guidelines. Commercial and industrial buildings shall comply with design standards of §1007.043 (2)(d) of this Ordinance. As detailed in the July 12, 2017 Planning & Zoning staff report and Site Plan Review Worksheet, the main commercial building complies with the design standards. The 6 accessory storage building will be allowed to have lap residential steel siding with a defined brick base per Planned Unit Development flexibility. • Section 1007.112(8)(m) Small engine and boat repair provided that: 1. The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right-of- way and shall be in compliance with §1007.043 (6) of this Ordinance. A photometric plan has been submitted but revisions are required to verify compliance. 2. At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with §1007.043 (17) of this Ordinance. A 30-40 foot landscape strip and buffer are provided along the east property line abutting the residential district. 3. Vehicular access points shall create a minimum of conflict with through traffic movement and shall comply with §1007.044 of this Ordinance and shall be subject to the approval of the City Engineer. All Seasons Rental does not change the level of service along CSAH 23/Lake Drive or Kelly Street. Delivery vehicles will egress/ingress onto CSAH 23/Lake Drive. Customer traffic will egress/ingress onto Kelly Street then immediately onto CSAH 23/Lake Drive. CSAH 23/Lake Drive is an “A” minor reliever road and has capacity to handle existing traffic volumes created by the development. 4. Provisions are made to control and reduce noise. A 30-40 foot landscape strip and buffer are provided along the east property line abutting the residential district. 5. No outside storage, repair or sales except in compliance with §1007.112 (7)(f) or §1007.112 (8)(i) of this Ordinance shall be allowed. There will be no permanent outside storage, repair or sales. Outside display items or equipment may only be displayed during business hours on the sidewalks along the west and south side of the building. All items shall be brought inside on a daily basis. 6. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions. An amendment to the conditional use permit shall be required for modifications to the site and development plans. 7 BE IT FURTHER RESOLVED by The City Council of the City of Lino Lakes hereby approves the conditional use permits for commercial planned unit development and small engine and boat repair for All Seasons Rental located at 7932 Lake Drive subject to the following conditions: 1. Outside services, sales, and equipment rental (except rental trucks) may only be displayed during business hours. 2. All outside services, sales, and equipment rental (except rental trucks) shall be brought inside the principal building or the accessory storage building on a daily basis. 3. Outside services, sales, and equipment rental may be displayed on the sidewalks along the west and south side of the building. 4. Handicap accessibility on the sidewalks shall be maintained at all times in accordance with the Minnesota State Building/Accessibility Code. 5. Outside services, sales, and equipment rental may be located in the designated display area along CSAH 23/Lake Drive as depicted on Sheet A1.1 as revised. 6. Rental trucks and rental trailers (e.g. Penske, U Haul, etc.) may be parked in the parking stalls along CSAH 23/Lake Drive. 7. No additional accessory structures (permanent or temporary) shall be allowed without an amendment to the conditional use permit. 8. The private well shall be properly sealed unless it is going to be used for irrigation. 9. The septic system shall be property abandoned. 10. A minimum 6 foot high screen fence shall be maintained along the north lot line. a. Landscaping shrubs and trees are not required along the privacy fence along the north lot line. 11. The minimum 6 foot high screen fence with required landscape plantings shall be maintained on the east side of the property. BE IT FURTHER RESOLVED by the City Council of the City of Lino lakes hereby approves the conditional use permits subject to the following requirements: 1. All comments from the City Engineer letter dated July 6, 2017 shall be addressed. 2. All comments from the Environmental Coordinator letter dated August 8, 2017 shall be addressed. 3. Revisions to Plan Sheet A1.1: a. Clearly show the designated display area along CSAH 23/Lake Drive and that the area is less than 25% of the gross floor area of the principal building. b. All fencing shall meet ordinance requirements of Section 1007.043(18)(g). i. Along CSAH 23/Lake Street, the fence shall be parallel to the front lot line from a front corner of a principal building. ii. Landscaping shrubs and trees shall be planted between the CSAH 23/Lake Street lot line and fence. iii. Landscaping shrubs and trees are not required along the privacy fence along the north lot line. 8 c. A minimum 6 foot high landscape screen is required along the east property line abutting the residential property. The proposed 7 foot high screen fence needs to be offset from the property line and have plantings on the residential side per Section 1007.043(17)(f). i. Staff suggests the screen fence proposed on the east side of the stormwater pond be removed and the proposed 7 foot security fence on the west side of the stormwater pond be a screen fence. ii. The screen fence along the east property line cannot extend closer than 30 feet to the property line along Kelly Street. d. All driveways and parking lot areas shall be paved. This includes the north portion of the development near the accessory storage building. e. A minimum 5 foot wide sidewalk shall be installed along the west and south elevations of the building. f. Gate on trash enclosure cannot be chain link and shall be a minimum of 80% opaqueness. g. Plan sheet shows the accessory storage building as 40 ft x 25 ft (1,000 s.f.) but the detailed specifications indicate 40 ft x 26 ft (1,040 s.f.). Plans shall be revised accordingly. 4. Revisions to Sheet A2.1: a. Plan sheet shall include the square footage of each area on the plan sheet. 5. Revisions to Sheet A3.1: a. Exterior material square footage and percent shall be included on plan sheet. b. Height of building and accessory storage building and measurements shall be included on plan sheet. c. Mechanical equipment location and screening details shall be provided. d. The east and west elevations shall be properly labeled. 6. Accessory Storage Building: a. The 40 inch wainscot base shall be brick to match the main building. 7. A color and material palette for both the principal and accessory storage building shall be provided. 8. Revisions to Sheet C0 Site, Grading and Drainage Plan: a. Trail easement along Lake Drive shall be shown to provide adequate room for a future trail. b. Plan shall clearly show all parking lot areas, driveways and drive aisles as paved bituminous or concrete surface. 9. Revisions to Sheet LS1.1 and LS1.2 Landscape Plan: a. All calculations shall be shown on the plan set. b. Canopy Coverage: i. The chart from Section 1007.043(17)(c)3 shall be completed and shown on plan sheet. ii. Vehicle Hardscape area shall include required paved drive lanes on north portion of property. c. Foundation Landscape: i. The chart from Site Plan Worksheet shall be completed and shown Plan Sheet LS1.2. 9 ii. Size (small, medium, large) of each tree and shrub shall be indicated. d. Open Area Standards: 1. Sheet LS1.1 shall clearly indicate the area being calculated as open area and the trees and shrubs counted towards compliance. e. Buffer and Screen Standards: i. Plan Sheet A1.1 and LS1.1 shall be revised to include a fence and landscaping in compliance with Section 1007.043(17)(f). ii. A 30 inch tall landscape buffer and screen shall be provided along the parking lots along both Lake Drive and Kelly Street. f. An irrigation plan is required for all grass and landscaped areas. g. Details and cross sections are required for all proposed landscape berms. h. Seed mix details are required for stormwater ponds. i. Landscaping shrubs and trees shall be planted between the CSAH 23/Lake Street lot line and fence. 10. The photometric plan shall be revised to include the entire 2.19 acre property boundary. 11. A separate trail easement shall be granted to the City extending the existing 15 foot wide trail easement the entire length of the parcel along CSAH 23/Lake Drive. a. The applicant shall draft this document for City review and approval and shall be recorded against the property. Adopted by the Council of the City of Lino Lakes this 14th day of August, 2017. 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 All Seasons Rental City Council Meeting August 14, 2017 Development Proposal•All Seasons Rental •7932 Lake Drive •New 7,740 s.f. facility •Potential 6,700 s.f. future addition •Existing two buildings will be removed 2 Land Use Application•Rezoning •R-X, Rural Executive to GB, General Business •Preliminary Plat •Conditional Use Permit •Commercial Planned Unit Development •Small Engine Repair 3 4 5 6 Site Plan Review-Paper Copy •7,740 s.f. facility •Potential 6,700 s.f. addition •Existing 2 buildings removed •Current Lake Drive access relocated north •Deliveries only (2-3 times per month) •Main entrance off Kelly Street •Screen Fencing 7 Architectural Plans •Brick •Pre -colored concrete block •Precast concrete stone •EFIS •Glass •Earth tone colors 8•Building Height = 24 feet •Exterior materials and Percentages meet performance standards 9 •7,700 s.f. lower level •Display area •Shop area •Warehouse •1,440 s.f. upper level •Offices •Conference rooms •Breakroom 10 Accessory Storage Building PUD Flexibility •1,040 s.f. > allowed 400 s.f. for commercial accessory •PUD allows multiple buildings •Lap steel siding •Base wainscot shall be brick to match building 11 Zoning Map •Since 1950: •300 foot corridor along Lake Drive zoned commercial •1988: Ord. No. 01-88 •Rear half zoned R-X, Rural Executive •Rezone to GB to clear up zoning 12 •Combine 3 parcels into Lot 1, Block 1, SS Properties Addition •2.19 acre parcel •Standard D&U easements dedicated •Existing D&U easement on Lot 1, Block 1, Pine Glen shall be vacated •Commercial park fees paid in 2005 with Pine Glen Conditional Use Permits1. Commercial PUD •Multiple buildings 2. Small Engine and Boat Repair •Findings of Fact detailed in Resolutions 13 Recommendation•June 14th-P&Z held public hearing •1 resident comment regarding traffic and parking of Penske rental trucks •P&Z recommended approval 6-0 with conditions noted in resolutions 14 Council Action•Consider First Reading of Ordinance No. 07-17 Rezoning from R-X, Rural Executive to GB, General Business •Consider Resolution No. 17-80 Approving Preliminary Plat •Consider Resolution No. 17-81 Approving Conditional Use Permits for Commercial Planned Unit Development and Small Engine and Boat Repair 15 CITY COUNCIL AGENDA ITEM 6B STAFF ORIGINATOR: Michael Grochala MEETING DATE: August 14, 2017 TOPIC: Consider Resolution No. 17-83, Authorizing Preparation of Plans and Specifications, 2018 Street Reconstruction Project (West Shadow Lake & LaMotte Areas) VOTE REQUIRED: Simple Majority INTRODUCTION Staff is requesting council authorization to prepare plans and specifications for the 2018 Street Reconstruction Project. The proposed improvements consist of street, storm sewer, and sanitary sewer and potential water main improvements. BACKGROUND On June 12, 2017 the City Council held a public hearing and took action to adopt Resolution No. 17-54 approving the 5 Year Street Reconstruction Plan (2017 – 2021) and provide preliminary authorization for the issuance of $5,124,000 in General Obligation Bonds. The plan includes the proposed reconstruction of the West Shadow Lake and LaMotte areas in 2018. 4th Avenue (north of Main), Diane Street, 81 St., Elbe St. and Danube St (North Area Improvements) are proposed for reconstruction in 2021. The plan was subject to a reverse referendum process which allows city residents to submit a petition to request an election on the plan. The petitioning period closed on July 12, 2017 and no petition was received. As a result the council may consider moving forward with the proposed 2018 improvements. There are certain procedural steps that the City Council will take action on during a public improvement process. The steps include, but are not limited to, the following: 1. Council Authorizes Preparation of Plans and Specifications. This is the action being taken Monday night. This approves the contract with WSB to perform the work necessary to design and deliver a project for bidding. 2. Council Authorizes initiation of easement/land acquisition, if necessary. The need for easements and/or land acquisitions will be dependent on design considerations and construction limits developed through the process. 2 3. Council Approves Plans and Specifications and Authorizes Advertisement for Bids. Staff is anticipating that the culvert replacement will be bid out as a separate project. 4. Council Accepts Bids and Awards Contract. Other actions may be required relating to financing, issuance of bonds, and special assessments, if any. As noted the first step in the process will be to authorize preparation of plans and specifications. WSB, City Engineer, has submitted a proposal to provide these services in the amount of $506,220. The proposal includes: • Preliminary design services including site data collection including topographic survey, well and septic system survey, sump pump investigation, soil borings and evaluation, and culture resources review. • Final design services including plan preparation for street, storm, water and sanitary sewer improvements. Design includes culvert replacement as well as proposed stormwater lift station on West Shadow. • ROW/easement acquisition services including title research, owner meetings, acquisition reports, and document preparation. (Additional services may be required depending on the scope and complexity of any proposed acquisition). • Public involvement and communications including neighborhood meetings and project website. The estimated construction cost is $5,896,224, including both sanitary sewer and water improvements. Total project cost, including construction contingencies, engineering, legal and administrative costs is approximately $6,970,000. The inclusion of sanitary sewer and water in the project will be determined during the final design process following additional neighborhood discussion and review. Once authorized WSB will begin the data collection process including the topo survey and septic/well inventory on the project. Neighborhood meetings will be held during the initial data collection process and the 60% design review stage. Additionally, WSB staff will be meeting with residents on-site to collect well and septic system information. A project website will be established to post information and project updates. Regular updates will be provided monthly at City Council work sessions. Project Schedule We are currently proposing to construct the culvert replacement along West Shadow Lake Drive this winter. This schedule anticipates City Council approval of culvert plans and specifications in November and project award in December of 2017. The culvert would be completed in May of 2018. The tentative project schedule for the street and utility project anticipates approval of the plans in March and award of the project in April of 2018. Construction is proposed to be completed by 3 June of 2019. RECOMMENDATION Staff has received a request from a resident requesting that the council authorization be restricted to the work program listed under Phase 1 in the proposal and that any subsequent phases be specifically approved by council after review of a preliminary design plan. The Preliminary Design Phase listed in the report is predominately a data collection process. Surveying, wetland delineation, geotechnical work, neighborhood outreach and water/sewer review and sizing. It is a subpart of the overall design process. This information is then used to develop the “Final Plan” documents. The City Council does not “typically” take separate actions to initiate this work. Additionally, there is not necessarily a product to “approve” at the end of phase 1 nor is there a clear “end” to phase 1. Each of these phases blend together and culminate in a final product. Therefore, staff is not recommending this change. If there is a desire to increase opportunities for public input, in addition to what is proposed, staff would recommend adding additional meetings to the process. This can easily be accommodated by City Council direction, as necessary. Staff is recommending approval of Resolution No. 17-83 authorizing preparation of plans and specifications. ATTACHMENTS 1. Resolution No. 17-83 2. WSB Proposal 4 CITY OF LINO LAKES RESOLUTION NO. 17-83 RESOLUTION AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS 2018 STREET RECONSTRUCTION PROJECT (WEST SHADOW LAKE AND LAMOTTE AREAS) WHEREAS, the City proposes to undertake certain street reconstruction and related upgrades of the storm water management system for West Shadow Lake Drive, Sandpiper Drive, Shadow Court, LaMotte Drive, and LaMotte Circle in the City’s Five-Year Street Reconstruction Plan (2017-2021) (the “WSL and LaMotte Improvements”); and WHEREAS, the City adopted the 5 Year Street Reconstruction Plan (2017-2021) on June 12, 2017 and no petition was received requesting a vote on the plan and issuance of the bonds, and WHEREAS, the City Council finds that it is in the best interests of the City to prepare plans and specifications for the making of such improvements; and WHEREAS, the City Council finds that it is in the best interests of the City to also prepare plans for water and sanitary sewer improvements, for consideration, in conjunction with said street improvements, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. WSB and Associates, Inc., is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. 2. City staff is authorized to execute a professional services agreement with WSB and Associates, Inc., in the amount of $506,220.00. Adopted by the Council of the City of Lino Lakes this 14th day of August, 2017. 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 Whereupon said resolution was declared duly passed and adopted.    701 Xenia Avenue South | Suite 300 | Minneapolis, MN 55416 | (763) 541-4800    Building a legacy – your legacy. Equal Opportunity Employer | wsbeng.com  K:\02988-450\Admin\Contract\Final Design - Proposal\2017-07-12 LL Shadow Lks & LaMotte - Proposal for Final Design - Final.docx August 4, 2017 City of Lino Lakes Mr. Michael Grochala City Administrator 600 Town Center Parkway Lino Lakes, MN 55014 Re: Proposal to Complete Final Engineering Design for West Shadow Lake Drive & LaMotte Area Street & Utility Improvement Projects Dear Mr. Grochala: The City of Lino Lakes is requesting assistance with final design and bidding of the West Shadow Lake Drive and LaMotte Neighborhood Area Street and Utility Improvement Projects. The streets designated for rehabilitation in this area are local streets with poor OCI ratings as established in the City’s Pavement Management Study. The proposed improvements also include the possibility of municipal utility extensions in both project areas. PROJECT UNDERSTANDING A summary of the project scope is described as follows: West Shadow Lake Drive – Culvert Replacement  Replace existing 48-inch culvert  Correct subsurface soils under roadway section West Shadow Lake Drive – Street, Storm, & Utility Improvements  Full reconstruction of roadway section along West Shadow Drive, Shadow Court, and Sandpiper Circle  Drainage improvements including storm sewer piping and stormwater treatment areas  Extension of water/sewer systems and services to right of way LaMotte Neighborhood Area – Street, Storm, & Utility Improvements  Full reconstruction of roadway section along LaMotte Drive and LaMotte Circle  Drainage improvements including storm sewer system and BMP’s  Replacement and repair of sanitary sewer and service lines on LaMotte Drive to the right of way line  Extension of watermain within the LaMotte development City of Lino Lakes – West Shadow Lake & LaMotte Street & Utility Improvement Projects – Proposal for Final Design August 4, 2017 Page 2 K:\02988-450\Admin\Contract\Final Design - Proposal\2017-07-12 LL Shadow Lks & LaMotte - Proposal for Final Design - Final.docx SCOPE OF ENGINEERING SERVICES WSB is pleased to provide professional engineering services for the West Shadow Lake Drive and LaMotte Neighborhood Area Street and Utility Improvement Projects including preliminary and final design, facilitation of the Chapter 429 Special Assessments/City Charter process (municipal utilities), topographic surveys, soil borings and geotechnical evaluation, wetland delineations, permitting, and public involvement with project stakeholders. Below is a detailed description of the engineering services and WSB’s proposed approached. I. Data Collection & Field Documentation The scope of services for this phase includes gathering the necessary data and performing field documentation activities in order to complete the final design of the project. The information gathered will be used to develop an accurate AutoCAD basemap and document current conditions in the field. The following is a detailed list of the work tasks to be performed. Project Management & Meetings (Jim S., Diane H.): WSB will lead the project design process including communication and coordination efforts to facilitate the design and biding of the proposed project. WSB will hold two project meetings with the City of Lino Lakes or other governing entities during final design. We will provide the necessary graphics, maps, and presentation materials for these meetings. In addition, email correspondence, conference calls, and other related day-to-day communications techniques will be used. Topographic survey (Pete H):  Collect, review and establish survey control points necessary to perform topographic survey along the project length. Iron monuments (property corners) will be used as control whenever possible. Survey control points will be located such that will not be disturbed by construction. There will be enough control points throughout the project to allow for staking during construction. Each control point will be visible from minimum of two other control points. The control points will be within an error tolerance of 0.03 feet or better for X,Y,Z.  Perform topographic survey along the project corridor using total station equipment.  The extents of the survey will be 15 feet beyond the right of way, the locations of the existing wells will be included in this Survey, the survey will continue around radius of intersections at the project limits. Trees include additional information, such as size and type. All possible property irons will be located. First floor or garage floor elevations will be collected as a part of the topographic survey.  Use topography survey data to develop an existing conditions base map. The base map will include the survey points, line work (as survey figures where applicable), and existing ground surface.  Data pertaining to the city’s storm sewer, sanitary sewer, and water main shall be collected in the field. This data includes rim elevations, invert elevations, pipe sizes, and structure sizes.  Private and other utilities (gas, telephone, electric, cable, etc.) data will be collected with design level locates. City of Lino Lakes – West Shadow Lake & LaMotte Street & Utility Improvement Projects – Proposal for Final Design August 4, 2017 Page 3 K:\02988-450\Admin\Contract\Final Design - Proposal\2017-07-12 LL Shadow Lks & LaMotte - Proposal for Final Design - Final.docx  It has been assumed that the City will provide record plan information or any existing plat information for incorporation into the AutoCAD base-map and TIN. Once the project is complete, WSB will provide the City with the electronic files used on the project. Any additional survey requested by the City, or what may be needed due to changes in scope, or schedule, will require a re-evaluation of this service fee. Well and septic system survey (Erin H):  WSB will complete an investigation of each private well and septic system that is located along West Shadow Lake Drive. The investigation will include the following: review well logs and septic records, coordinate with residents, field locate each well, and survey private properties with well and septic systems. This task does not include coordination with the Minnesota Department of Health (MDH) or preparing material for possible well variance requests.  WSB will complete an investigation of each sanitary sewer connection and sump pump in the LaMotte neighborhood. The investigation will include home and basement inspection and working with residents to make sure sump pump connections are up to code. Watermain and Sewer Sizing and Design (Erin H. & Ray T.)  WSB will complete the sizing and design review of the watermain along West Shadow Lake Drive and LaMotte area in accordance with Ten State Standards. The sizing of the watermain will be completed with the use of the City’s existing water system model, where the proposed West Shadow Lake Drive phase scenario will be added to the model to appropriately size the proposed watermain extension. The design review will include final plan review to ensure size and layout of watermain meets MDH requirements.  WSB will complete the sizing and design review the of the grinder pump stations and low-pressure forcemain on West Shadow Lake Drive. The sizing of the forcemain, and the analysis of the impact of the additional sewer flows to the City’s collection system, will be evaluated using the City’s sewer model. This task also includes design and review of the forcemain system, to ensure size and layout of the sewer system meets State requirements. Wetland delineations and floodplain review (Alison H and Katy T):  This task will involve a review of available desktop data (e.g., Anoka County Soils, National Wetland Inventory, DNR Public Waters, local contours, etc.) and available historic aerials. These data will be used to inform the wetland delineation for both the West Shadow Lake and LaMotte project areas.  Following review of desktop data, a wetland delineation will be completed within the project areas. The wetland delineation will be completed in conformance with the US Army Corps of Engineers Wetland Delineation Manual (US Army Corps of Engineers, 1987) and the Northcentral/Northeast Regional Supplement. The delineations will be marked in the field with fluorescent pink-colored pin flags. All flag locations will be recorded using a sub-meter accuracy GPS unit.  The information obtained during the desktop and field review will be compiled into a wetland delineation report. The report will be written in accordance with the 2015 Guidance for Submitting Delineation Reports in Minnesota. A draft of City of Lino Lakes – West Shadow Lake & LaMotte Street & Utility Improvement Projects – Proposal for Final Design August 4, 2017 Page 4 K:\02988-450\Admin\Contract\Final Design - Proposal\2017-07-12 LL Shadow Lks & LaMotte - Proposal for Final Design - Final.docx the report will be submitted to the City of Lino Lakes for review and approval prior to distribution to the regulatory agencies. Following approval, this report will be submitted to the LGU (RCWD), DNR, and US Army Corps of Engineers (USACE) for their review. This task also includes follow-up with the agencies and participation in a field review, if requested.  Existing floodplain within the project areas will also be identified using FEMA and the current floodplain model from Rice Creek Watershed District.  Data collected during this task will be used to inform the design of the project and identify water resource impacts for permitting. Right of way and easement review (Ben B): WSB’s right-of-way group will provide a cursory review of the easement acquisition needs during this phase of the project. The results of the review will lead to the necessary property easement acquisitions during the final design phase. Private utility plan review and integration (Jim S): A Gopher State One Call will be initiated to request field markings and mapping of the existing private utilities within the project area. This information will be reviewed and with what was obtained with the survey in the field. Soil borings & geotechnical evaluation (Darin H): We propose to complete a total of 6 standard penetration soil borings within the West Shadow Lake project area to a depth of 15-20 feet and 6 borings in the LaMotte project areas to a depth of 12 feet for the project. Soil boring logs will be provided for each of the 12 locations. The information gathered in the field for this project will be used to prepare a geotechnical report that will provide an analysis in regards to onsite soils and recommendations for pavement section design, utility installations, groundwater conditions encountered and discussion on use of soil for structural fill, and stormwater treatment practices. If unsuitable soils (existing fills, organic soils, etc) are encountered at the proposed boring termination depths, WSB will extend the borings into competent materials. An additional charge of $20 per linear foot will be assessed for borings extended beyond their proposed termination depths. If the added work requires an additional mobilization to the site, it will be charged at $350 per day. The report will summarize the findings, provide a discussion of subsurface and groundwater conditions encountered, recommendations for subgrade preparation, and discussion on use of soils for structural fill or stormwater treatment practices. We understand that no permits are required for drilling or traffic control within the roadways. Cultural resources evaluation (Sub-consultant): Based on experience with other projects in the area, a cultural resources evaluation is recommended. It is anticipated that Section 106 of the National Historic Preservation Act compliance will be triggered by the wetland permitting under the United States Corps of Engineers (USACE). The purpose of the survey is the learn whether any archeological or architectural properties exist within the APE prior to new construction (Cultural Resource City of Lino Lakes – West Shadow Lake & LaMotte Street & Utility Improvement Projects – Proposal for Final Design August 4, 2017 Page 5 K:\02988-450\Admin\Contract\Final Design - Proposal\2017-07-12 LL Shadow Lks & LaMotte - Proposal for Final Design - Final.docx Studies Phase 1A and Phase 1 Archaeological and Architectural Surveys). A subconsultant has provided a quote to complete the required this scope of work. AutoCAD Base Mapping (Pete H., Jim S) Create a parcel base map for the entire project area using existing found monuments that would be located during Task 1 coupled with plats and half section maps of record from the county surveyors office, this map would also be used in the right of way acquisition process for creating parcel sketches and legal descriptions. II. Final Design & Permitting The scope of services for this phase will further the design of the project including the creation of a full set of plans of the proposed improvements, coordination with private utility companies, right of way acquisition, and the Chapter 429 special assessment process. WSB will assist the City in obtaining approvals from governmental authorities having jurisdiction over the project if it is determined that they are needed including the preparation of permit application(s) and/or approval requests and will assist the City with submitting the applications/approval requests to the appropriate regulatory agencies. This phase will be separated into two separate projects, final design/permitting for the West Shadow Lake Culvert Replacement Project and the West Shadow Lake & LaMotte Areas Street & Utility Improvement Project. It has been assumed separate plans, specifications, and bidding documents will be prepared. Private utility coordination (Jim S): Private utility coordination will be conducted to ensure that all parties with facilities in the project area are notified of proposed City project improvement, scheduling, proposed private utility installations, and possible impacts. This task includes one coordination meeting with affected utility companies, preparation of meeting minutes, and continued coordination and communications throughout the design process. Stormwater BMP’s and permitting (Katy T): The proposed level of disturbance will require permanent stormwater management best management practices (BMPs), as well as floodplain and wetland fill. Permitting will be required through the Rice Creek Watershed District, as well as the MPCA through the NPDES permit application process, the Minnesota Department of Natural Resources, and the U.S. Army Corps of Engineers. These services include the necessary stormwater, floodplain and water quality modeling, stormwater BMP design, plan preparation, permit applications, and coordination with the appropriate governing authorities. West Shadow Stormwater Lift Station and/or Underground Storage (Erin H and Katy T): Should a stormwater lift station or underground storage be determined necessary for obtaining permits for the West Shadow reconstruction work, WSB will create full plans and specifications for a City-owned stormwater lift station. The design will incorporate City and industry design standards for the wet well, valve vault, pumps, and forcemain system as well as the control panel and electrical system. WSB will coordinate with Xcel Energy to determine the available power supply, and will adjust pump and VFD design as needed. The anticipated capacity for the stormwater lift station will be dependent on the contributing drainage area and will be determined, if needed, during final design. Right of way and easement acquisition (Ben B): City of Lino Lakes – West Shadow Lake & LaMotte Street & Utility Improvement Projects – Proposal for Final Design August 4, 2017 Page 6 K:\02988-450\Admin\Contract\Final Design - Proposal\2017-07-12 LL Shadow Lks & LaMotte - Proposal for Final Design - Final.docx The proposed scope for right of way acquisition services includes the following:  Coordinate with the design team and sub-consultant providing the title reports ensuring these tasks are completed in a timely manner to maintain the project schedule. Manage the required acquisition tasks, provide status reports and provide a detailed contact log for the impacted parcels.  Acquisition Services – WSB staff will review and verify title information, meet with the landowners, and prepare minimum damage acquisition reports for twenty-three (23) parcels. Our staff will prepare the offer package, the memorandum of agreement, and easement agreements. We will present the offer, and negotiate to reach a settlement for acquiring the easements on behalf of the City of Lino Lakes.  Survey – WSB staff will provide legal descriptions, parcel sketches, and staking for the easement areas for the project. Sub-Consultant:  Title Reports – O & E Reports will be provided for the 23 parcels impacted as part of the project. If the City elects to purchase title commitments and the insurance for these commitments, that would be a cost paid directly by the City and an estimated amount has been included as part of this proposal, but is subject to change once a quote is received. Assumptions:  Seven parcels impacted by project.  Assuming Lot 13 Block 4 of Lakes Addition No. 1 has seventeen separate owner interests in the lot.  Acquisition services are estimated through the title and possession date of April 1, 2018. If additional negotiation services are required past the title and possession date, they will be provided at WSB’s per hour fee if our contract amount has been reached. City Tasks:  City Attorney will provide template of conveyance and mortgage release documents.  Record conveyance documents  Review MDAs and approve Authorization to Present Offers Wetland/floodplain impact permitting (Alison H): This task includes preparing the applications and obtaining approvals for the following permits:  Wetland Conservation Act Replacement Plan  DNR Public Waters Work Permit  US Army Corps of Engineers Section 404 Permit  Rice Creek Watershed District Permit  MPCA NPDES Construction Stormwater Permit Because the projects will improve stormwater quality and safety and bring the roadway up to standards, we anticipate that wetland impacts associated with the roadway will be replaced through the BWSR Local Road Replacement Program. Therefore, this scope does not include evaluation of on-site mitigation options or solicitation of bids for wetland credits from private wetland banks. It is anticipated that Rice Creek Watershed District’s rules for Stormwater Management, Erosion and Sediment Control, Floodplain City of Lino Lakes – West Shadow Lake & LaMotte Street & Utility Improvement Projects – Proposal for Final Design August 4, 2017 Page 7 K:\02988-450\Admin\Contract\Final Design - Proposal\2017-07-12 LL Shadow Lks & LaMotte - Proposal for Final Design - Final.docx Alteration, Wetland Alteration, Crossing of Natural and Artificial Conveyance Systems, and Appropriation of Public Waters will apply to this project. This task includes one TEP meeting with the agencies to discuss the projects, and addressing one round of comments from the agencies. Final plan preparation and design review (Jim S): The final plans created in AutoCAD will detail the removals, location and grade of the street and utility improvements, street cross sections, culvert replacement, pedestrian connections, restoration, erosion control, traffic control, and SWPPP documentation. Chapter 429 special assessment & City Charter process (Diane H, Ed Y): This phase of the project will include the necessary steps to assist the City in the special assessment process, including the preparation of the assessment roll, resolutions/public hearing notices in conformance with State Statue Chapter 429. WSB will aid the City in preparation of presentations and information to the City Council and affected property owners at the two public hearings. We can provide the necessary graphics, maps, and presentation materials to be used at each hearing, and the City will conduct the hearings. WSB will assist the City with both public hearings including preparation of presentations and information to the City Council and affected property owners. We can provide the necessary graphics, maps, and presentation materials to be used at each hearing. WSB will work with City staff to develop the required notices and prepare the necessary resolutions, and the City will be responsible for coordinating public notice publications. We are expecting that the City has sample resolutions from past projects that we can utilize to develop the necessary resolutions for this project. WSB will provide the required notice to be sent to property owners for both hearings, and the City will provide the specific information from the assessment role to mail the notices using City stationary. Public involvement and communications plan (Eric Z, Breanne R, Dianne H): The Public Engagement and Communications Plan includes personal contact with the residents of the two neighborhoods through numerous methods. These methods include two neighborhood meetings, a website hosted by WSB, and personal visits to the project sites to provide information to residents considering the change from independent well and septic systems to municipal water and low pressure sewer services. III. Construction Documents & Bidding Process Upon completion of permitting and agency review and approval WSB will develop the final project plans and specifications for both projects separately in preparation for bidding and construction. This task will include an internal QA/QC review of the final plans, final quantities, and specifications. WSB will print, assemble, and submit the final contract documents to the City and request authorization to advertise the project for bidding each project. WSB will receive and respond to bidder inquiries concerning the plans, specifications, and intent of the project. Logs of all inquiries will be kept and maintained to document inquiries. WSB will attend the project bid opening with the City. City of Lino Lakes – West Shadow Lake & LaMotte Street & Utility Improvement Projects – Proposal for Final Design August 4, 2017 Page 8 K:\02988-450\Admin\Contract\Final Design - Proposal\2017-07-12 LL Shadow Lks & LaMotte - Proposal for Final Design - Final.docx WSB will review the low bidder’s bid proposal for each project, contractor’s and subcontractor’s personnel proposed for the project and relative experience, quality and availability of equipment, performance on similar projects, references, nature and extent of other similar contracts, whether or not the contractor or subcontractors have ever been denied contract award, and any other information that would affect the ability of the contractor to perform the work. IV. Construction Services Construction services have not been included with this proposal. SCHEDULE – CULVERT REPLACEMENT PROJECT (WSL ONLY) City Approves Consultant Contract (Final Design Services) ............................................. August, 2017 Final Design ....................................................................................................... August - October, 2017 Council Approve Plans and Specifications / Authorize Ad for Bid ............................... November, 2017 Conduct Informational Meeting (City Staff Only)......................................................... November, 2017 Open Bids ...................................................................................................................... December, 2017 Council Awards Construction Contract ......................................................................... December, 2017 City Approves Consultant Contract (Construction Services) ........................................ December, 2017 Begin Construction ............................................................................................. January/February, 2018 Final Completion .................................................................................................................... May, 2018 SCHEDULE – STREET & UTILITY PROJECTS (WSL & LAMOTTE) City Approves Consultant Contract (Final Design Services) ............................................. August, 2017 Final Design ............................................................................................ August 2017 - February, 2018 Council Approve Plans and Specifications / Authorize Ad for Bid ..................................... March, 2018 Conduct Informational Meeting (City Staff Only)............................................................... March, 2018 Open Bids ................................................................................................................... March/April, 2018 Council Awards Construction Contract ......................................................................... April/May, 2018 City Approves Consultant Contract (Construction Services) ........................................ April/May, 2018 Begin Construction ......................................................................................................... May/June, 2018 Final Completion ............................................................................................................. June/July, 2019 PROPOSED FEE City of Lino Lakes – West Shadow Lake & LaMotte Street & Utility Improvement Projects – Proposal for Final Design August 4, 2017 Page 9 K:\02988-450\Admin\Contract\Final Design - Proposal\2017-07-12 LL Shadow Lks & LaMotte - Proposal for Final Design - Final.docx A copy of the project task hour budget is attached for your reference. Based on the proposed task hour budget, WSB will complete the scope of work for both projects discussed herein on hourly basis for a not-to-exceed amount of $506,220. The proposed construction cost with contingency was estimated to be $5,896,224. Summary of each project phase: It is important to note that initial estimates for subconsultant costs for the cultural resources review and title work in the amount of $9,500 were included in the engineering fees above. The fees above assume that only the culvert replacement component of the project will be bid as a separate project; the remaining street and utility work for both West Shadow Lake and the LaMotte area will be bid as one project. Task Summary Hours  Standard  Base  Fee  Non‐Standard  Fee Preliminary Design & Survey 447 60,817$               Well  & Septic System Survey 142 15,160$                   Sump Pump Investigation 132 14,070$                   ROW/Easement Review 12 1,856$                     Geotechnical  Borings & Evaluation 46 8,042$                     Cultural  Resource  Review (Subconsultant) 6,000$                     Sub‐Total  ‐ Phase 1 779 60,817$              45,128$                   Roadway & Drainage 958 107,167$             Stormwater Lift Station 264 27,720$                   ROW/Easement Acquisition 264 38,132$                   Title  Work  (Subconsultant) 3,500$                     Water & Sewer 329 37,375$               ‐$                         Culvert Replacement 243 30,268$               ‐$                         Roadway, Drainage, Sewer 445 49,767$               ‐$                         Sub‐Total  ‐ Phase 2 2,502 224,576$            69,352$                   Culvert Replacement 319 35,722$               ‐$                         Street, Drainage, & Utilities 567 70,624$               ‐$                         Sub‐Total  ‐ Phase 3 886 106,347$             ‐$                         Total 4,167 391,740$            114,480$                Grand Total (Both Projects) 506,220$   Phase  2 ‐ Final Design & Permitting Phase 3 ‐ Construction Documents & Bidding Process City of Lino Lakes ‐ Engineering Services Summary Total Phase  1 ‐ Preliminary Design & Data Collection City of Lino Lakes – West Shadow Lake & LaMotte Street & Utility Improvement Projects – Proposal for Final Design August 4, 2017 Page 10 K:\02988-450\Admin\Contract\Final Design - Proposal\2017-07-12 LL Shadow Lks & LaMotte - Proposal for Final Design - Final.docx This letter represents our complete understanding of the West Shadow Lake Drive and LaMotte Neighborhood Area Street and Utility Improvement Projects and the proposed scope of services. If you are in agreement with the scope of services and proposed fee, please sign in the appropriate space below and return one copy to us. We are available to begin work immediately based on your authorization. If you have any questions about this proposal, please feel free to call me at 763-287-7167. Sincerely, WSB & Associates, Inc. Jim Stremel, P.E. Senior Project Manager ACCEPTANCE: The City of Lino Lakes hereby accepts the WSB proposal of $506,220 for all services outlined in this letter. City of Lino Lakes Name Title Date Task Summary HoursStandard Base Fee Non‐Standard FeeHoursStandard Base Fee Non‐Standard FeeHoursStandard Base Fee Non‐Standard FeePreliminary Design & Survey 313 42,572$              134 18,245$              447 60,817$             Well & Septic System Survey 142 15,160$                 142 15,160$                 Sump Pump Investigation 132 14,070$                 132 14,070$                 ROW/Easement Review 12 1,856$                   12 1,856$                   Geotechnical Borings & Evaluation 32 5,629$                   14 2,413$                   46 8,042$                   Cultural Resource Review (Subconsultant) 3,000$                   3,000$                   6,000$                   Sub‐Total ‐ Phase 1499 42,572$              25,645$                 280 18,245$              19,483$                 779 60,817$             45,128$                 Roadway & Drainage 958 107,167$            958 107,167$           Stormwater Lift Station 264 27,720$                 264 27,720$                 ROW/Easement Acquisition 264 38,132$                 264 38,132$                 Title Work (Subconsultant) 3,500$                   3,500$                   Water & Sewer 329 37,375$              329 37,375$              ‐$                       Culvert Replacement 243 30,268$              243 30,268$              ‐$                       Roadway, Drainage, Sewer 445 49,767$              445 49,767$              ‐$                       Sub‐Total ‐ Phase 22,057 174,810$            69,352$                 445 49,767$               ‐$                       2,502 224,576$           69,352$                 Culvert Replacement 319 35,722$              319 35,722$              ‐$                       Street, Drainage, & Utilities 397 49,437$              170 21,187$              567 70,624$              ‐$                       Sub‐Total ‐ Phase 3716 85,159$               ‐$                       170 21,187$               ‐$                       886 106,347$            ‐$                       Total 3,272 302,541$            94,997$                 895 89,199$              19,483$                 4,167 391,740$           114,480$              Grand Total (Both Projects)506,220$    Phase 2 ‐ Final Design & PermittingPhase 3 ‐ Construction Documents & Bidding ProcessCity of Lino Lakes ‐ Engineering Services SummaryWest Shadow Lake Project LaMotte Area Project TotalPhase 1 ‐ Preliminary Design & Data Collection CITY COUNCIL AGENDA ITEM 6C STAFF ORIGINATOR: Michael Grochala, Community Development Director MEETING DATE: August 14, 2017 TOPIC: Consider Resolution No. 17-84, Accepting Natural Resource Revolving Fund Plan Report VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting council authorization to accept the Natural Resource Revolving Fund Plan report prepared by WSB and Associates. BACKGROUND In 2009, as an outcome of the Environmental Board goals setting process, staff began evaluating the possible restoration of an existing wetland complex in Wollan Park, located on the City’s north side. During the initial investigation it was determined that the restoration efforts would be eligible for wetland banking credits. The process of wetland banking allows the city to restore and/or create wetland and sell credits through the state wetland bank. The recently completed Wollan Park wetland bank will provide approximately 5.96 acres of Army Corps of Engineers (ACOE) certified bank credits. While bank credits are subject to market fluctuations recent sales in Lino Lakes have been above $2.00 a square foot. In addition to Wollan Park the City previously established a wetland bank along Otter Lake Road that was completed in 2013. Establishment of these banks led to a broader discussion of how the sale of credits could assist in continued development of the City’s Greenway System Plan. The City Council authorized preparation of the Natural Resource Revolving Fund Plan (NRRFP) in January of 2017 (Resolution No. 17-08). The Goals of the NRRFP are: 1. Create a self-funded high-value greenway system in support of the City’s Comprehensive Plan. 2. Promote economic enhancement and development 3. Establish a wetland bank 4. Ensure opportunities for replacement of wetland impacts from both private development and public projects within Lino Lakes The plan includes: 1. Site selection criteria for new wetland banks 2. Identification of 6 wetland banks locations for consideration to be included in program 3. A pricing strategy for the sale of wetland credits 4. A disbursement procedure for use of sale credits. The Environmental Board reviewed the plan at its July meeting and recommended acceptance and implementation. RECOMMENDATION Staff is recommending approval of Resolution No. 17-84, Accepting the Natural Resource Revolving Fund Plan. ATTACHMENTS 1. Resolution No. 17-84 2. Natural Resource Revolving Fund Plan, dated July 17, 2017 CITY OF LINO LAKES RESOLUTION NO. 17-84 ACCEPTING NATURAL RESOURCE RESTORATION REVOLVING FUND PLAN WHEREAS, the City Council authorized preparation of the Natural Resource Revolving Fund Plan on January 9, 2017 (Resolution No. 17-08) and WHEREAS, WSB and Associates have completed the plan and submitted it to the City for review and acceptance. NOW, THEREFORE BE IT FURTHER RESOLVED by The City Council of The City of Lino Lakes, Minnesota, hereby authorizes accepts the Natural Resource Revolving Fund Plan, dated July 17, 2017. BE IT FURTHER RESOLVED, that the City staff is hereby directed to identify the procedural steps necessary to establish the fund for review and consideration by the City Council. Adopted by the Council of the City of Lino Lakes this 14th day of August, 2017. 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 NATURAL RESOURCES REVOLVING FUND PLAN July 17, 2017 Prepared for: City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 WSB PROJECT NO. 2988-470 Natural Resources Revolving Fund Plan City of Lino Lakes WSB Project No. 2988-470 NATURAL RESOURCES REVOLVING FUND PLAN For: City of Lino Lakes July 17, 2017 Prepared By: WSB & Associates, Inc. 701 Xenia Avenue S., Suite 300 Minneapolis, MN 55416 (763) 541-4800 (763) 541-1700 (Fax) TABLE OF CONTENTS Natural Resources Revolving Fund Plan City of Lino Lakes WSB Project No. 2988-470 Title Page Table of Contents I. Introduction ...................................................................................................................................... 1 A. Background ......................................................................................................................... 1 B. Project Purpose ................................................................................................................... 2 C. Existing Banks ..................................................................................................................... 2 II. Site Identification .............................................................................................................................. 3 A. Site-Specific Objectives ...................................................................................................... 3 B. Mapping .............................................................................................................................. 4 III. Results ............................................................................................................................................. 5 A. Potential Bank Sites ............................................................................................................ 5 B. Wetland Credit Compensation Evaluation ........................................................................ 10 IV. Discussion & Recommendations ................................................................................................... 12 A. Future Studies ................................................................................................................... 12 B. Coordination with Regulatory Agencies ............................................................................ 12 C. Wetland Bank Pricing ........................................................................................................ 12 D. Revolving Fund ................................................................................................................. 12 V. References ..................................................................................................................................... 13 Appendix A: Figure 1 – Project Location Figure 2 – Future Land Use Figure 3 – Greenway System Figure 4 – Natural Resource Planning Systems Figure 5 – Existing Wetland Bank Locations Figure 6 – Site 1 (Winters Property) Figure 7 – Site 2 (NE Drainage Area) Figure 8 – Site 3 (Otter Lake) Figure 9 – Site 4 (12th Avenue) Figure 10 – Site 5 (Pine Glen Outlot E) Figure 11 – Site 6 (Woolans II) Appendix B: 2017 Wetland Mitigation Fee Policy SECTION I Natural Resources Revolving Fund Plan City of Lino Lakes WSB Project No. 2988-470 Page 1 I. Introduction A. Background The City of Lino Lakes (the City) is located north of the Minneapolis/St. Paul Metro area, in Anoka County (Figure 1). The Rice Creek Chain of Lakes Park Reserve bisects the city from southwest to northeast, along Interstate 35W. Approximately 21,267 acres of land exist within the City, and 3,450 acres have been set aside for parks and open space in the City’s Land Use Plan. The remaining developable land has been guided for several uses including commercial, industrial, mixed use, rural, residential, urban development, institutional, and airfields (Figure 2). Over the past several years, the City has embraced the concepts of sustainability and conservation development. Through their Comprehensive Plan, the City has established several goals related to the management and development of their natural resource areas. Specifically, the Resource Management Plan identifies the following goals: • Continue the development and maintenance of recreational activities that serve the identified needs of the community and people of all ages including, where possible, neighborhood parks, larger multi-use area parks, and the regional park. • Develop, maintain, and connect the current and proposed trails in the City of Lino Lakes and Rice Creek Regional Park in a manner that preserves and sustains the natural environment (greenway system, Figure 3). • Identify, protect, and preserve the desirable natural areas and ecological and aquatic • Initiate and continue vigorous collaborations and programs to address, restore, and preserve the water quality of the region’s lakes, wetlands, and other aquatic assets. • Ensure that well-planned, quality residential, commercial, industrial, and institutional development to accommodate the City’s projected growth needs occurs in a manner that also conserves and enhances the City’s natural resources and amenities. • Identify and work cooperatively with the state and other local government entities to develop approaches for addressing potential ecological challenges and threats that could adversely affect the City. The Resource Management Plan also developed the Wetland Preservation Corridor (Figure 4), which includes high priority wetlands, buffer areas, selected marginally suitable development areas, and the 100-year floodplain. This plan was adopted in 2008, in partnership with Rice Creek Watershed District. In 2011, the City adopted a Comprehensive Parks, Natural Open Space/Greenways, and Trail System plan that incorporated important natural resources into a contiguous network of recreational and habitat corridors throughout the city as part of a Greenway system. The plan also defined various categories of natural resource areas, as summarized below. • Natural Resource Protected Areas consist of water bodies and land areas that have some level of protection under current regulatory ordinances and controls. Development is already largely controlled in these areas; additional protections are likely not warranted. • Natural Resource Conservation Areas generally consist of areas defined under various natural vegetative cover or soil types. These are areas where preservation opportunities are very high and where protection of the resources is a foremost consideration as the land is developed. Beyond development and zoning ordinances, these areas are not inherently protected. Establishment of a wetland bank in these areas would further the goal of preserving and protecting the resources. These areas are shown on Figure 4. • Natural Resource Enhancement Corridors consist of generally agricultural areas that will convey runoff, fill gaps in the greenway system, and/or provide a corridor for the greenway- SECTION I Natural Resources Revolving Fund Plan City of Lino Lakes WSB Project No. 2988-470 Page 2 based trail system. B. Project Purpose The purpose of the Lino Lakes Natural Resources Revolving Fund Pla n (NRRFP) is to further the City’s goals of Greenway System development, stormwater management and water quality improvements, public open space development, and economic development by establishing a self-funding mechanism to acquire, protect, and enhance high value ecological areas. The goals of the NRRFP are defined as: 1. Create a high-value greenway system 2. Promote economic enhancement and development 3. Establish a wetland bank 4. Ensure opportunities for replacement of wetland impacts from both private development and public projects within Lino Lakes C. Existing Banks The City of Lino Lakes currently owns two wetland banks, Bank No. 1122 and the Bank No. 1601 (Figure 5). Bank No. 1122 is not ACOE-approved, so cannot be used or sold for mitigation of wetland impacts involving Waters of the US. Bank No. 1601 is ACOE-approved, so can be used or sold for mitigation of any wetland impacts. Bank No. 1122 is located east of I-35E and south of CSAH 14. To date, this bank has only been used for city-sponsored projects and credits have not been sold on the public market. Bank No. 1601 is located west of CSAH 23 and north of CSAH 14. The cost to establish this bank totaled $75,000. Credit prices for the bank will be evaluated annually and adjusted to market rates. Profits produced by the sale of credits from these two banks are expected to be used toward the establishment and maintenance of additional wetland banks as identified in this plan. SECTION II Natural Resources Revolving Fund Plan City of Lino Lakes WSB Project No. 2988-470 Page 3 II. Site Identification A. Site-Specific Objectives Several site-specific objectives were identified which each of the identified sites were weighed against. These objectives were used to assist in finding priority bank sites throughout the city. These site-specific objectives are discussed below. Part of the Greenway System As discussed in Section I, the City has identified the development of a system that connects current and proposed trails in the City and Rice Creek Regional Park in a manner that preserves and sustains the natural environment. The City has developed a Greenway System that consists of lands set aside for preservation of natural resources, remnant landscapes, open space, and visual aesthetics/buffering (Figure 3). The Greenway System also includes areas within the City’s Wetland Preservation Corridor (Figure 4), which includes high priority wetlands with variable width buffer areas, selected marginally-suitable development areas, and the 100-year floodplain. Locating potential wetland bank sites within the Greenway System furthers the City’s goals in this area. Be Army Corps of Engineers (ACOE)-Approved Eligible Wetlands in the City are regulated by a variety of agencies: local governments (Rice Creek Watershed District [RCWD] and Vadnais Lake Area WMO), State (Department of Natural Resources [DNR]), and the Federal Government (US Army Corps of Engineers [ACOE]). When wetland impacts occur, they must be mitigated either onsite, or by purchasing credits through a wetland bank. Due to size restrictions, not all wetland banks are certified by the ACOE. Wetland banks must contain a minimum of five credits to be certified by the ACOE. Credits are determined by the type of activity that is proposed to be completed within the wetland bank area, but a wetland bank that is ACOE-approved will be a minimum of five acres in size and likely larger. Projects that require permits through the ACOE also require mitigation through ACOE-approved banks. Establishing a wetland bank that is ACOE-eligible typically results in a larger, higher quality wetland and is more desirable from an economic development standpoint because it can be used by more projects. High & Medium Quality Restoration Potential The City completed a city-wide Minnesota Routine Assessment Method (MnRAM) wetland assessment. The MnRAM data were used to identify the functional value of the wetlands in the City, create development management strategies for the wetlands based on their functional value, and identify wetlands that could be potentially restored. Data that went into determining the restoration potential included hydraulic restoration potential (without flooding), number of landowners involved/affected, potential size and type of wetland to be restored, size of potential upland buffer area, relative ease of restoration, type of hydrologic alteration present, and the susceptibility of the wetland area to stormwater and/or nutrient loading. The resulting potential for restoration was categorized as High, Medium, or Low. Potential wetland bank sites located in areas rated as High or Medium for restoration potential would indicate a higher probability of the restoration being successful. Land Ownership/Willingness of Landowners Land already owned by the City is ideal for locating potential wetland bank sites. However, the potential to purchase private lands or create partnerships with private landowners is also an option. SECTION II Natural Resources Revolving Fund Plan City of Lino Lakes WSB Project No. 2988-470 Page 4 TMDL Opportunities Several aquatic resources within the City have been identified by the Minnesota Pollution Control Agency (MPCA) as being impaired and have been assigned Total Maximum Daily Load (TMDL) restrictions. Siting wetland restorations upstream of these resources provides an opportunity to remove nutrients and sediment loading, helping to meet TMDL goals. Floodplain Volume Opportunities One of the many functions that wetlands perform is flood control. Many areas within the City are in designated Federal Emergency Management Agency (FEMA) 100-year floodplain. In addition, the Rice Creek Watershed District also regulates floodplain as defined by their model. Restoring or creating wetland banks in and adjacent to these floodplains may provide for an opportunity to address existing flood storage issues or better define the extents of the floodplain area (elevations). Location of Drainage & Utility Easements Once a wetland bank has been established, a conservation easement must be placed over that bank area in perpetuity. Any other easements located in the wetland bank site could be non- compliant with the conservation easement. One common type of easement in wetland areas is a Drainage and Utility easement. Identification of these easements early on will allow for the City review and, if appropriate, abandon the easement prior to finalization of the bank site. Upland Buffers Upland buffers are required to be established by WCA and the ACOE as part of wetland bank construction. Upland buffers provide protection to wetlands by filtering pollutants out of stormwater before it enters the wetland and provides habitat to wildlife. The WCA requires a minimum average buffer width of 25 feet for wetlands that are less than 2 acres. For wetlands that are greater than 2 acres in size the buffer must be a minimum of 25 feet and average 50 feet. The ACOE also requires upland buffers. In municipal areas, ACOE require a minimum of 25-foot buffers. Wetlands in non-municipal areas require a minimum 50-foot buffer. For the purpose of this study, wetland buffer widths of 50-feet were used, except for at sites where the wetland encompassed nearly all of the site. In those situations, any remaining parcel area that was not wetland was included as buffer. These buffers may be expanded or reduced as needed during planning to achieve other goals for the site. B. Mapping Base mapping using ArcGIS was completed to identify the locations of potential wetland bank sites, and how the site related to the site-specific objectives listed above. Data used included FEMA floodplain maps, parcels, Anoka County parks, MPCA impaired waters, Lino Lak es Greenway System mapping, Lino Lakes Wetland Management Corridor mapping, MnRAM restoration potential results, contours, Soil Survey of Anoka County, National Wetland Inventory, and DNR Public Waters Inventory. SECTION III Natural Resources Revolving Fund Plan City of Lino Lakes WSB Project No. 2988-470 Page 5 III. Results A. Potential Bank Sites Six sites were identified as having wetland banking potential. Each of these sites is summarized below. Table 1 includes the site-specific criteria that were used during the evaluation of the sites. Site 1: Site 1 (Winters Property) is in the northeast quarter of Section 13, Township 31N, Range 22W; approximately 0.75 miles north of County Road 14 (Otter Lake Road), east of Interstate 35E (Figure 6). The potential wetland bank site encompasses approximately 135 acres of a mixture of wetland, woodland, and agricultural land. Wetlands are located throughout the site, some of which are still intact and some that have been altered by over 60 years of farming or grazing practices. Four parcels make up Site 1, and all are owned by the same landowner. Discussions with City staff have indicated a potential willingness by the landowner to sell or partner on a wetland banking opportunity. Portions of the site have been identified as areas of high or medium wetland restoration potential. The site is located within the Greenway System and the Wetland Preservation Corridor, and has been identified as a Natural Resources Conservation Area. Based on a review of available historic aerial photographs (199 1 – 2016), soil data, National Wetland Inventory, and contours it is anticipated that approximately 54 acres of wetland exist within the site. Approximately 12 acres have been farmed since at least the 1960s, and would have the potential to be restored either hydrologically, vegetatively, or both. Based on a 50-foot buffer, approximately 19 acres of upland could be converted into a buffer consisting of native upland vegetation. Remaining upland areas east and north of the wetland bank could be utilized for development. Table 1 below summarizes the anticipated credit potential of a wetland bank at Site 1. Table 1: Summary of Wetland Bank Credit Potential (Site 1) Area (acres) WCA/RCWD Category Percent Eligible WCA Credit (acres) ACOE Category Percent Eligible ACOE Credit (acres) 12 1 50 6.0 1 50 6.0 19 6 25 4.75 6 25 1.5 Total Credits 10.75 7.5 Estimated Sale Potential* $141,570 (for non-ACOE credits) $653,400 Category Definitions 1 – Vegetative Restoration/Enhancement 2 – Wetland Creation 3 – Restoration of Drained or Filled Wetlands/Re-Establishment 4 – Restoration of Partially Drained or Filled Wetlands/Rehabilitation 5 – Restoration and Protection of Exceptional Natural Resources Value 6 – Upland Buffer * Estimated Sale Potential based on an average $2/sf selling price for ACOE-banks in Anoka County and $1/sf for non-ACOE banks Site 2: Site 2 (NE Drainage Area) is in the NE ¼ of Section 14, Township 31N, Range 22W; approximately 0.75 miles north of County Road 14 (Otter Lake Road), west of County Road 54 (20th Avenue) (Figure 7). The potential wetland bank site encompasses approximately 94 acres of mixture of wetland, woodland, and agricultural land. Wetlands are located throughout the site, though many have been altered by either agricultural practices or ditches. Four parcels make up Site 2, with two separate landowners. City staff has engaged with discussions with one of the landowners. Portions of the site have been identified as areas of high or medium restoration potential. The site is within the Greenway System, within the Wetland Preservation Corridor , and some small areas have been identified as a Natural Resources Conservation Areas. The City has completed a feasibility study for this area that would enhance a nearly 1,300-acre area by providing improved drainage, water quality improvements, flood control, and habitat improvements. The proposed design incorporates a channel between 20th Avenue and Peltier SECTION III Natural Resources Revolving Fund Plan City of Lino Lakes WSB Project No. 2988-470 Page 6 Lake. The channel would consist of an approximately 30-foot flow area and adjacent floodplain. Based on a review of available historic aerial photographs (1991 – 2016), soil data, National Wetland Inventory, contours, and a field review it is anticipated that approximately 31 acres of wetland exist within the site. Some of these wetlands (approximately 1.15 acres) have been farmed since at least the 1960s, and would have potential to be restored vegetatively. It is also anticipated that approximately 11 acres of wetland could be created as part of the drainage improvements. These areas would be located along the channel, in created floodplain. Based on a 50-foot buffer, approximately 14.5 acres of upland buffer would be converted into a buffer consisting of native upland vegetation. Additional buffer credit could be available up to 25% of the total wetland acreage (8.83 acres total). In addition to wetland banking, Peltier Lake has been listed by the MPCA as impaired for nutrient/eutrophication and biological indicators and has an approved TMDL plan for mercury in fish tissue. Conversion of Site 2 from agricultural to wetland/upland and improvement to the drainage channel would help to improve water quality within Peltier Lake. Also, portions of the site are within 100-year floodplain, and volume banking of the additional flood storage created by the channel may be possible. Table 2 below summarizes the anticipated credit potential of a wetland bank at Site 2. Table 2: Summary of Wetland Bank Credit Potential (Site 2) Area (acres) WCA/RCWD Category Percent Eligible WCA Credit (acres) ACOE Category Percent Eligible ACOE Credit (acres) 1.15 1 50 0.58 1 50 0.58 11 2 75 8.25 2 50 5.50 14.5 6 25 3.6 6 25 1.52 Total Credits 12.43 7.60 Estimated Sale Potential* $210,394 (for non-ACOE credits) $662,112 Category Definitions 1 – Vegetative Restoration/Enhancement 2 – Wetland Creation 3 – Restoration of Drained or Filled Wetlands/Re-Establishment 4 – Restoration of Partially Drained or Filled Wetlands/Rehabilitation 5 – Restoration and Protection of Exceptional Natural Resources Value 6 – Upland Buffer (not to exceed wetland credits) * Estimated Sale Potential based on an average $2/sf selling price for ACOE-banks in Anoka County and $1/sf for non-ACOE banks Proposed drainage improvements are expected to result in approximately 7 acres of wetland impact. These impacts will be replaced at a 2:1 ratio, for a total replacement of 14 acres. If onsite replacement is proposed, excess credits for banking may not be available. Site 3: Site 3 (Otter Lake) is in the southeast quarter of Section 36, Township 31N, Range 22W, at the northeast end of Otter Lake (Figure 8). Site 3 is 56 acres in size and is a mixture of wetland and woodland. The site consists of two parcels that are currently owned by the City. The site was identified as having medium to low restoration potential and is located within the Greenway System and Wetland Preservation Corridor. The area was also identified as a High Priority Wetland Area in the City’s Resource Management Plan. Site 3 currently consists of 46 acres of wetland that is categorized as alder swamp, shrub-scrub wetland, and shallow marsh. The surrounding upland areas consist of oak woodlands. The site had been identified by the Minnesota County Biological Survey as a Native Plant Community and a Site of Moderate Biodiversity Significance and was mapped as a Regionally Significant Ecological Area by the DNR. In addition, a tamarack swamp has been identified approximately 0.25-mile northwest of the site. It is anticipated that Site 3 has qualities that would make restoration and preservation of the area eligible for credit as an “Exceptional Natural Resource SECTION III Natural Resources Revolving Fund Plan City of Lino Lakes WSB Project No. 2988-470 Page 7 Value” wetland. An “Exceptional Natural Resource Value” wetland is defined by WCA as an area that has: 1) habitat for state-listed endangered or threatened species; 2) rare native plant communities; 3) special fish and wildlife resources, such as fish passage and spawning areas, colonial waterbird nesting areas, migratory waterfowl concentration areas, deer wintering areas, or wildlife travel corridors; 4) sensitive surface waters; or 5) other resources determ ined to be exceptional by the technical evaluation panel, which is made up of wetland, plant, and wildlife habitat experts from various local and state agencies. It is anticipated that because of the tamarack swamp, Site 3 would qualify for credit under this category. Table 3 below summarizes the anticipated credit potential of a wetland bank at Site 3. Table 3: Summary of Wetland Bank Credit Potential (Site 3) Area (acres) WCA/RCWD Category Percent Eligible WCA Credit (acres) ACOE Category Percent Eligible ACOE Credit (acres) 46 5 50** 23 1 50 23 10 6 25 2.5 6 25 2.5 Total Credits 25.5 25.5 Estimated Sale Potential* $2,221,560 Category Definitions 1 – Vegetative Restoration/Enhancement 2 – Wetland Creation 3 – Restoration of Drained or Filled Wetlands/Re-Establishment 4 – Restoration of Partially Drained or Filled Wetlands/Rehabilitation 5 – Restoration and Protection of Exceptional Natural Resources Value 6 – Upland Buffer (not to exceed wetland credits) * Estimated Sale Potential based on an average $2/sf selling price for ACOE-banks in Anoka County ** Estimated credit valuation, final valuation determined by TEP Site 4: Site 4 (12th Avenue) is in the southeast quarter of Section 28, Township 31N, Range 22W, in the southwest quadrant of the intersection of Birch Street and 12th Avenue South (Figure 9). The potential wetland bank site encompasses approximately 36 acres of a mixture of wetland and agricultural land. Wetlands are located primarily on the west side of the site. The wetlands have been impacted by a ditch network as well as farming or grazing practices over the last 60 years. Two parcels make up Site 4. One parcel is in private ownership and the other is owned by the State of Minnesota. Portions of the site have been identified as areas of medium wetland restoration potential. The site is located within the Greenway System, is within the Wetland Preservation Corridor, and has been identified as a Natural Resources Conservation Area. Based on a review of available historic aerial photographs (1991 – 2016), soil data, National Wetland Inventory, and contours, it is anticipated that approximately 18.5 acres of wetlands exist within the site. Approximately 2.22 acres have been farmed periodically since at least the 1950s, and would have the potential to be restored either hydrologically, vegetatively, or both. Drainage ditches are located throughout the west half of the site, and it is anticipated that these ditches are removing hydrology from portions of the wetland. As a result, it is anticipated that approximately 16 acres of wetland area could be hydrologically restored. Based on 50-foot buffer widths, approximately 10 acres of native upland buffer would be constructed with the project. This area also includes the approximately 2-acre upland area in the northeast portion of the parcel. The remaining upland areas in the southeast portion of the site could be developed . Table 4 below summarizes the anticipated credit potential of a wetland bank at Site 4. Table 4: Summary of Wetland Bank Credit Potential (Site 4) Area WCA/RCWD Percent WCA Credit ACOE Percent ACOE Credit SECTION III Natural Resources Revolving Fund Plan City of Lino Lakes WSB Project No. 2988-470 Page 8 (acres) Category Eligible (acres) Category Eligible (acres) 16.2 4 50 8.1 4 50 8.1 2.22 1 50 1.1 1 50 1.1 10 6 25 2.5 6 25 2.3 Total Credits 11.7 11.5 Estimated Sale Potential* $8,712 (for non-ACOE credits) $1,001,880 Category Definitions 1 – Vegetative Restoration/Enhancement 2 – Wetland Creation 3 – Restoration of Drained or Filled Wetlands/Re-Establishment 4 – Restoration of Partially Drained or Filled Wetlands/Rehabilitation 5 – Restoration and Protection of Exceptional Natural Resources Value 6 – Upland Buffer (not to exceed wetland credits) * Estimated Sale Potential based on an average $2/sf selling price for ACOE-banks in Anoka County and $1/sf for non-ACOE banks Site 5: Site 5 (Pine Glen Outlot E) is in the northeast quarter of Section 9, Township 31N, Range 22W; approximately one mile west of the intersection of Interstate 35W and County Road 14 (Main Street) (Figure 10). The potential wetland bank site encompasses approximately 20 acres of wetland with a ditch bisecting the site. One parcel makes up Site 5, and is owned by the City. Portions of the site have been identified as areas of medium wetland restoration potential . The site is located within the Greenway System, is within the Wetland Preservation Corridor, and parts have been identified as a Natural Resources Conservation Area. Based on a review of available historic aerial photographs (1991 – 2016), soil data, National Wetland Inventory, and contours it is anticipated that approximately 20 acres of wetland exist within the site. It is anticipated that the drainage ditch that bisects the site has removed hydrology from portions of the wetland. Therefore, the wetland may have the potential to be restored hydrologically and vegetatively. The remaining 0.31 acres would be converted into a buffer consisting of native upland vegetation. Table 5 below summarizes the anticipated credit potential of a wetland bank at Site 5. Table 5: Summary of Wetland Bank Credit Potential (Site 5) Area (acres) WCA/RCWD Category Percent Eligible WCA Credit (acres) ACOE Category Percent Eligible ACOE Credit (acres) 19.9 4 50 9.95 4 50 9.95 0.31 6 25 0.08 6 25 0.08 Total Credits 10.03 10.03 Estimated Sale Potential* $873,813 Category Definitions 1 – Vegetative Restoration/Enhancement 2 – Wetland Creation 3 – Restoration of Drained or Filled Wetlands/Re-Establishment 4 – Restoration of Partially Drained or Filled Wetlands/Rehabilitation 5 – Restoration and Protection of Exceptional Natural Resources Value 6 – Upland Buffer (not to exceed wetland credits) * Estimated Sale Potential based on an average $2/sf selling price for ACOE-banks in Anoka County Site 6: Site 6 (Woolans II) is in the northeast quarter of Section 5, Township 31N, Range 22W and is southwest of an existing wetland bank (Bank No. 1601) (Figure 11). The potential wetland bank site is made up of approximately five acres of wetland. The site is owned by a private landowner. Portions of the site have been identified as areas of medium or low wetland restoration potential. The site is located within the Greenway System, is within the Wetland Preservation Corridor, and parts have been identified as a Natural Resources Preservation Area. The MLCCS identifies several plant community types within the site: rich fen, wet meadow, aspen forest, and oak forest. Based on a review of available historic aerial photographs (1991 – 2016), soil data, National Wetland Inventory, and contours it is anticipated that approximately 5.33 acres of wetland exist within the site and have the potential to be restored vegetatively. SECTION III Natural Resources Revolving Fund Plan City of Lino Lakes WSB Project No. 2988-470 Page 9 Site 6 is home to various rare features, including the autumn fimbry (Fimbristylis autumnalis), the threatened lance-leaf violet (Viola lanceolata var. lanceolata), and the endangered twisted yellow- eyed grass (Xyris torta). As a result, it is anticipated that Site 6 has qualities that would make restoration and preservation of the area eligible for credit as an “Exceptional Natural Resource Value” wetland. Table 6 below summarizes the anticipated credit potential of a wetland bank at Site 6. Table 6: Summary of Wetland Bank Credit Potential (Site 6) Area (acres) WCA/RCWD Category Percent Eligible WCA Credit (acres) ACOE Category Percent Eligible ACOE Credit (acres) 5.34 5 50** 2.67 1 50 2.67 Total Credits 2.67 2.67 Estimated Sale Potential* $116,305 (for non-ACOE credits) NA Category Definitions 1 – Vegetative Restoration/Enhancement 2 – Wetland Creation 3 – Restoration of Drained or Filled Wetlands/Re-Establishment 4 – Restoration of Partially Drained or Filled Wetlands/Rehabilitation 5 – Restoration and Protection of Exceptional Natural Resources Value 6 – Upland Buffer (not to exceed wetland credits) * Estimated Sale Potential based on an average $1/sf selling price for non-ACOE banks in Anoka County * Estimated credit valuation, final valuation determined by TEP Due to its relatively small size, it’s unknown if the site, on its own, would meet the minimum credit threshold required for the ACOE to approve the bank. One potential option would be to see if Site 6 could be added on to the acreage currently within the adjacent Bank No. 1601. Table 7 below summarizes each of the sites based on how they score against the site-specific criteria. Table 7: Summary of Potential Wetland Bank Site Evaluation Location ID Site-Specific Criteria Greenway System ACOE- Eligible Restoration Potential Ownership TMDL Flood Storage Easements Site 1 (Winters Property) Y Y High – Medium - Low Private Y Y Site 2 (NE Drainage Area) Y Y High – Medium - Low Private Y – Peltier Lake Y Site 3 (Otter Lake) Y Y Medium - Low Public Y – Bald Eagle Lake Y Site 4 (12th Avenue) Y Y Medium Private/ Public Y Y Site 5 (Pine Glen Outlot E) Y Y Medium Public Y Y D&E Site 6 (Woolans II) Y M Medium - Low Private N Y SECTION III Natural Resources Revolving Fund Plan City of Lino Lakes WSB Project No. 2988-470 Page 10 B. Wetland Credit Compensation Evaluation Upon establishment of wetland banks, the City of Lino Lakes would be responsible for the sale of the bank credits. Selling wetland credits is typically the last step in the wetland permit application process. The first step includes the buyer (applicant) preparing a wetland impact application. During preparation of the application, the applicant will contact bank owners regarding wetland credits for sale in an area defined by the siting requirements that the WCA and/or ACOE determine. Once a bank owner and buyer agree over the purchase price of wetland credits, a Purchase Agreement will be completed and signed by both parties. An earnest money payment may be required. The buyer will then submit the completed applications to the regulatory agencies for review and comment. Following the application review, the agencies will either approve or deny the application. Following approval of an application, the parties will close on the purchase of the credits. During closing, the owner (City of Lino Lakes), buyer, and the Local Government Unit contact will each sign a Withdrawal of Wetland Credits form. These signatures can be electronic. The buyer or their representative will be responsible for obtaining the signatures from all parties and filing the form with BWSR. A transaction fee, in an amount determined by BWSR, will also be required to complete the transaction. The buyer will be responsible for the payment of this fee. Upon receipt of the withdrawal form and transaction fee, BWSR will review and certify the withdrawal and debit the owner’s account. If, following execution of a Purchase Agreement, the buyer does not follow through with the purchase of wetland credits, any required earnest money payment will be handled as follows: • If the permit is denied by the regulatory authorities, the earnest money will be returned to the buyer. • If the permit is approved by the regulatory authorities but the buyer chooses not to purchase credits for another reason, the bank owner (City of Lino Lakes) will keep the earnest money. The management of the wetland bank could be administered either internally or through a contract with a wetland bank broker. A wetland bank broker would work with sellers and manage the preparation of the purchase agreement and closing documents. A wetland bank broker would be paid a fee for their services. The cost of wetland bank credits varies throughout the state and within a county. There are a variety of pricing methods that could be used to determine the price of a bank credit once the bank is established. The price could also fluctuate from year to year based on supply and demand, and could also fluctuate based on volume of credits being sold to a purchaser. The city will adopt a fee for each wetland bank annually. Some methods that could be used to determine the selling price of credits include: • Cost plus– wetland credit price would be based upon the total cost of development, construction, and ongoing maintenance of the bank site plus a fixed fee that would be used toward the restoration of future natural resource areas. • Average bank price – wetland credit price would be based upon the current average bank price for Anoka county banks. Note that estimated sale potential is based on this method ($2/sf in 2016). • Land value – wetland credit price would be based upon the wetland bank fee schedule set by BWSR (Anoka County fee cost per credit/0.065). With regard to determining the cost of the establishment and maintenance of a wetland bank , the city will need to consider each of the following: 1. Acquisition expenses – sites that are not currently owned by the City of Lino Lakes will SECTION III Natural Resources Revolving Fund Plan City of Lino Lakes WSB Project No. 2988-470 Page 11 need to be purchased from the current landowners. 2. Application expenses – Wetland bank applications need to be completed through both the WCA and ACOE. These applications can take several months to complete and costs are typically associated with agency meetings, wetland delineations, plant surveys, engineering design plans, and restoration plans. Though the cost to complete the application depends on the scope and size of the bank site, it can be expected to range between $75,000 - $125,000. 3. Construction/Restoration expenses – Expenses related to the construction and ultimate restoration of the bank site include: construction administration, survey, grading, erosion control, tile locating (if applicable), seedbed preparation, seeding, and site inspections. The overall cost of these expenses would vary depending on the scope of the bank site construction, and would typically be estimated during the bank application phase. 4. Monitoring expenses – Following the construction of a bank site, the WCA and ACOE require 3-5 years of monitoring to document the success to of the site. Monitoring of the site includes assessing the establishment of vegetation each growing season, documenting the hydrology (particularly if ditches or tiles were blocked/broken during restoration), and completing wetland delineations to verify the establishment of wetland. Monitoring reports must be submitted to the regulatory agencies annually. The typical cost of this phase ranges from $9,000 - $15,000, depending on the length and types of monitoring required. 5. Maintenance expenses – Wetland bank sites need to be maintained in perpetuity. The maintenance of a bank site typically is related to vegetation management and may include spot herbicide treatment, manual removal of invasive species, mowing, and prescribed burning. It is expected that successful bank sites will need less management as time passes; however, the ACOE recommends obtaining financial assurances for 5 – 10 years beyond construction. 6. BWSR fees – BWSR has been granted statutory authority to assess fees to administer and oversee the state wetland bank and to acquire, monitor, and enforce conservation easements for mitigation sites. There are two types of fees: bank account fees and easement fees. Bank account fees are associated with the establishment, maintenance, deposit, transfer, and withdrawal actions associated with each bank. Easement fees are associated with the acquisition, modification, or release of a conservation easement and the monitoring and enforcement of the easement. The current fees are included in the June 1, 2017 Wetland Mitigation Fee Policy document (Appendix B). It is anticipated that if the City partners with a private landowner, that bank site would be given priority. The percentage of the selling price given to the landowner would be negotiated during the planning phase of the bank. SECTION IV Natural Resources Revolving Fund Plan City of Lino Lakes WSB Project No. 2988-470 Page 12 IV. Discussion & Recommendations The City is committed to reaching the goals set forth in their Comprehensive Plan and Resource Management Plan. Identification of the six sites gives the City a framework through which they can prioritize restoration or acquisition plans based on an ability to fund future natural resource restoration projects. A. Future Studies The potential wetland bank sites summarized in this plan were evaluated using primarily off -site resources. Potential future studies that may be necessary to determine the actual amount of wetland banking credit possible include: • Level 2 wetland delineation to determine the actual extents of existing wetland • Botanical survey to assess the vegetative diversity of each site • MnRAM assessment to evaluate the existing and potential functional value of each site • Hydrology study to evaluate the extent of drainage in areas where ditches are present B. Coordination with Regulatory Agencies As each potential bank site is evaluated, coordination with the regulatory agencies will be necessary early on to identify potential issues or opportunities, and to ultimately approve the wetland bank plan. The Rice Creek Watershed District (RCWD) currently serves as the WCA Local Government Unit for all the identified sites and would be responsible for approving the bank through the WCA process, though the Board of Water and Soil Resources (BWSR) is anticipated to take over review and approval of banking applications in 2017. The Technical Evaluation Panel (RCWD, BWSR, Anoka Conservation District, and DNR) would also review and provide comments on any submitted banking plan. The US Army Corps of Engineers would be responsible for review and approval of a wetland bank plan through their program. In addition to providing comment and ultimate approval, local agencies may also be available as project partners. Partnership opportunities could include BWSR Road Replacement or funding partnerships with RCWD or the Anoka Conservation District. C. Wetland Bank Pricing The City will set a fee annually for each wetland bank. The fee will be evaluated based on current market conditions and is expected to be an average of the prices of other local banks in the area and will be adjusted as needed to cover expenses related to the operation and maintenance of individual bank sites. D. Revolving Fund Proceeds from the sale of credits from established wetland bank s are expected to be utilized in the following sequence: 1. Fund the future maintenance of the established wetland bank (recommended 10% of the sale, to a maximum of $10,000/transaction) 2. Fund land acquisition for future bank sites 3. Fund construction/restoration of future bank sites SECTION V Natural Resources Revolving Fund Plan City of Lino Lakes WSB Project No. 2988-470 Page 13 V. References The following sources of information were reviewed to assist in performing the wetland delineation. Literature Sources Board of Water and Soil Resources. 2009. Wetland Conservation Act Rules, Chapter 8420. Print Communication Division, St. Paul. City of Lino Lakes. 2011. “2030 Comprehensive Plan”. City of Lino Lakes. September 12, 2011. City of Lino Lakes. 2004. “Parks, Natural Open Space/Greenways, and Trail System Plan”. http://www.ci.lino-lakes.mn.us/index.asp?SEC=8F6D51B8-D88A-40BA-98DA- B5805AE7C568&DE=A2373B63-7508-48A1-A507-F42A0255D30B&Type=B_BASIC (accessed February 2, 2017) Minnesota Department of Natural Resources. 2015. National Wetlands Inventory Update. https://gisdata.mn.gov/dataset/water-nat-wetlands-inv-2009-2014 (accessed February 10, 2017). RCWD and City of Lino Lakes. “Lino Lakes Resource Management Plan.” June 2008. http://www.ricecreek.org/vertical/Sites/%7BF68A5205-A996-4208-96B5- 2C7263C03AA9%7D/uploads/%7BFF3A9FA1-37C4-4CD6-B713-98FAF0BFC3D0%7D.PDF (accessed February 10, 2017). RCWD. “Rice Creek Watershed District Rules.” Rice Creek Watershed District. December 1, 2017. http://www.ricecreek.org/index.asp?SEC=3EB4B15D-CEF8-4DD4-B72E- 74F8B2D8E274&Type=B_BASIC (accessed February 10, 2017). United States Army Corps of Engineers. 2009. Final St. Paul District Policy for Wetland Compensatory Mitigation in Minnesota. St. Paul District Soil Survey Staff, Natural Resources Conservation Service, United States Department of Agriculture. Webs Soil Survey, Minnesota. Available online at http://websoilsurvey.nrcs.usda.gov/. Natural Resources Revolving Fund Plan City of Lino Lakes WSB Project No. 2988-470 APPENDIX A Figure 1 – Project Location Figure 2 – Future Land Use Figure 3 – Greenway System Figure 4 – Natural Resource Planning Systems Figure 5 – Existing Wetland Bank Locations Figure 6 – Site 1 (Winters Property) Figure 7 – Site 2 (NE Drainage Area) Figure 8 – Site 3 (Otter Lake) Figure 9 – Site 4 (12th Avenue) Figure 10 – Site 5 (Pine Glen Outlot E) Figure 11 – Site 6 (Woolans II) %&d( %&c( City of Lino Lakes City of Centerville Site 1 Site 2 Site 3 Site 5 Site 4 Site 6 Sources: Esri, HERE, DeLorme, USGS, Intermap, increment P Corp.,NRCAN, Esri Japan, METI, Esri China (Hong Kong), Esri (Thailand),MapmyIndia, © OpenStreetMap contributors, and the GIS User Community Lino Lakes City Boundary 0 7,500Feet¯Figure 1: Project LocationNatural Resources Revolving Fund PlanCity of Lino Lakes Document Path: K:\02988-470\GIS\Maps\Fig1_ProjectLocation.mxd Date Saved: 2/28/2017 1:42:04 PM1 inch = 7,500 feet General Project Location Figure 2: Future Land Use MapNatural Resources Revolving Fund PlanCity of Lino Lakes Document Path: K:\02988-470\GIS\Maps\Fig2_FutureLandUse.mxd Date Saved: 2/28/2017 1:41:31 PM Figure 3: Greenway SystemNatural Resources Revolving Fund PlanCity of Lino Lakes Document Path: K:\02988-470\GIS\Maps\Fig3_GreenwaySystem.mxd Date Saved: 6/1/2017 6:03:45 AM %&d( %&c( City of Lino Lakes City of Centerville Site 1Site 2 Site 3 Site 5 Site 4 Site 6 Sources: Esri, HERE, DeLorme, USGS, Intermap, increment P Corp.,NRCAN, Esri Japan, METI, Esri China (Hong Kong), Esri (Thailand),MapmyIndia, © OpenStreetMap contributors, and the GIS User Community Potential Wetland Bank Site Lino Lakes City Boundary Natural Resource Conservation Area Wetland Preservation Corridor 0 5,000Feet¯ Figure 4: Natural Resource Planning SystemsNatural Resources Revolving Fund PlanCity of Lino Lakes Document Path: K:\02988-470\GIS\Maps\Fig3_NRPlanningSystems.mxd Date Saved: 6/1/2017 5:59:59 AM1 inch = 5,000 feet Acct. No. 1122 Acct. No. 1601 %&d( %&c( City of Lino Lakes City of Centerville EnGH E¦GH EwGH Lino Lakes Existing Wetland Bank 0 1Miles¯Figure 5: Existing Wetland Bank LocationsNatural Resources Revolving Fund PlanCity of Lino Lakes Document Path: K:\02988-470\GIS\Maps\Fig5_ExistingBankSites.mxd Date Saved: 7/18/2017 12:37:15 PM1 inch = 1 miles Site 1 ELMCRESTINTERSTATE 35EINTERSTATE 35EPotential Wetland Bank Site Existing Wetlands Farmed Wetlands (Potential Credit Area) 0 500Feet¯Figure 6: Site 1 (Winters Property)Natural Resources Revolving Fund PlanCity of Lino Lakes Document Path: K:\02988-470\GIS\Maps\Fig6_Site1.mxd Date Saved: 6/7/2017 1:32:51 PM1 inch = 500 feet %&c( Site 2 20THGORDONOLD MILLBRIANDEERPASSPELTIER LAKEREVOIRPEL T I ERREHBEIN 77TH Potential Wetland Bank Site Created Wetland Area Existing Wetlands Farmed Wetlands (Potential Credit Area) 0 500Feet¯Figure 7: Site 2 (NE Drainage Area)Natural Resources Revolving Fund PlanCity of Lino Lakes Document Path: K:\02988-470\GIS\Maps\Fig7_Site2.mxd Date Saved: 6/7/2017 1:35:00 PM1 inch = 500 feet Site 3 D EE R PA SS BALD EAGLEWHITETAILWOODCHUCKFOXTAIL WO O D C H U C K COUNTY ROAD J R E IL IN G SARGENTR OL L I N G H I L L S FOXTAILOTTER LAKE Potential Wetland Bank Site Existing Wetlands Farmed Wetlands MCBS Native Plant Community MCBS Site of Biodiversity Significance Restoration Potential High Medium Low 0 500Feet¯Figure 8: Site 3 (Otter Lake)Natural Resources Revolving Fund PlanCity of Lino Lakes Document Path: K:\02988-470\GIS\Maps\Fig8_Site3.mxd Date Saved: 6/1/2017 8:16:57 AM1 inch = 500 feet Site 4 TRAPPERS BIRCH TRAPPERS A S P E N KILLDEER A S P E N CHEROKEE LANTERN TRAPPERSWHITE OAKRUFFED GROUSEVELV ET LEAF R U F F E D G R O U S E B L A C KDUCK CAPTAINS T R A P P E R SKILLDEER WHITETAIL12THPEREGRINE CASSIOPEIAPHEASANTBLACK DUCKMINERALCHOKECHERRY TRAPPERSDURANGO BUCKTHORN ROYALPINESTAMARACKRED BIRCHLANTERNWILD TURKEYHOLLYPHEASANTPotential Wetland Bank Site Restoration Potential High Medium Low Existing Wetlands Farmed Wetlands 0 500Feet¯Figure 9: Site 4 (12th Avenue)Natural Resources Revolving Fund PlanCity of Lino Lakes Document Path: K:\02988-470\GIS\Maps\Fig9_Site4.mxd Date Saved: 6/1/2017 8:36:45 AM1 inch = 500 feet Site 5 RONDEAU LAKEJANELOISJAMES 81ST MAIN IN T E R S T A T E 35W IN T E R S T A T E 35WKNOLLKELLY OAK Potential Wetland Bank Site Existing Wetlands Farmed Wetlands Restoration Potential High Medium Low 0 500Feet¯Figure 10: Site 5 (Pine Glen Outlot E)Natural Resources Revolving Fund PlanCity of Lino Lakes Document Path: K:\02988-470\GIS\Maps\Fig10_Site5.mxd Date Saved: 6/1/2017 8:41:58 AM1 inch = 500 feet %&d( Site 6 81STNORDINDIANELAKE ELBEDANUBEEVAAENONDIANEMAPLE PINE OAKSOLIVE ORANGE OAKLANDPotential Wetland Bank Site Acct No. 1601 Restoration Potential High Medium Low Existing Wetlands Farmed Wetlands 0 500Feet¯Figure 11: Site 6 (Woolans II)Natural Resources Revolving Fund PlanCity of Lino Lakes Document Path: K:\02988-470\GIS\Maps\Fig11_Site6.mxd Date Saved: 7/18/2017 12:56:55 PM1 inch = 500 feet %&d( Natural Resources Revolving Fund Plan City of Lino Lakes WSB Project No. 2988-470 APPENDIX B 2017 Wetland Mitigation Fee Policy Minnesota Board of Water & Soil Resources • www.bwsr.state.mn.us Policy Approved May 24, 2017 I. Background. The Board of Water and Soil Resources (BWSR) has been granted statutory authority to assess fees to administer and oversee the state wetland bank and to acquire, monitor, and enforce conservation easements for wetland mitigation sites. The fees consist of two types: bank account fees and easement fees. Account fees are associated with establishment, maintenance, deposit, transfer, and withdrawals actions. Easement fees are associated with the acquisition, modification, or release of a conservation easement for a mitigation site and the monitoring and enforcement of the easement once it is acquired. The statutory authority for mitigation fees is provided in Attachment A. II. Definitions. A. Account or wetland bank account. “Account or “wetland bank account” means a record of wetland banking debits and credits established by an account holder within the state wetland banking system. B. Account Holder. “Account holder” in the state wetland banking system, is a person, corporation, government agency, or organization that has the right to use/sell credits for mitigation purposes. C. Mitigation. An approved action taken under MN Rule 8420.0526 for the purpose of replacing lost wetland functions and values. D. Wetland banking credit. Replacement credits resulting from the actions in MN Rule 8420.0526 that have been certified and deposited in the wetland bank. Wetland banking credits can be sold to a third party, or used by the account holder to meet a state or federal mitigation requirement. E. Wetland mitigation credit. “Wetland mitigation credit” means a unit of measure (e.g., a functional or areal measure or other metric) representing the accrual or attainment of wetland functions at a mitigation site, or as otherwise defined in MN Rule 8420. III. Fee Structure and Procedures. A. Account Establishment and Initial Deposit Fee. This fee is assessed at the time of the first credit deposit into the wetland bank account. The Account Establishment and Initial Deposit Fee will be assessed at 6.5% of the value of the credits deposited, not to exceed $1,000. The value of the credit(s) and resulting per-credit fee will be determined according to Part III.H. B. Deposit Fees. Deposit fees will be assessed starting with the second credit deposit (the initial deposit is part of the Establishment fee). Credit deposit fees will be assessed at 6.5% of the value of the credits deposited, not to exceed a total of $1,000 per deposit. The value of the credit(s) and resulting per-credit fee will be determined according to Part III.H. Wetland credits deposited into a wetland bank account cannot be used for replacement purposes until the deposit fees have been paid. 2017 Wetland Mitigation Fee Policy Effective June 1, 2017 Wetland Mitigation Fee Policy • Page 2 Minnesota Board of Water & Soil Resources • www.bwsr.state.mn.us Requests for deposit containing all of the information required in MN Rule 8420.0725 that are received by a local government unit prior to the effective date of the Credit Fee Schedule developed under Part III.H will be subject to the deposit fees in place at the time the request was received, provided that the credits are deposited by December 31 of that calendar year. C. Account Transfer Fee. Account transfer fees will be assessed at 6.5% of the value of the credits transferred, not to exceed $1,000 per transfer. The value of the credits and resulting per-credit fee will be determined according to Part III.H. Transfer fees are assessed when credits are transferred by any means (e.g. sale, gift, donation, exchange) from one account holder to a new account holder, but not used for replacement purpose. The Wetland Bank Administrator may be contacted to verify the amount of the transfer fee. BWSR will not transfer the credits until the fee is paid. D. Withdrawal Fee. Withdrawal fees are incurred when credits are withdrawn for the purposes of wetland replacement and will be assessed at 6.5% of the value of the credits withdrawn. The value of the credits and resulting per-credit fee will be determined according to Part III.H. Credits will not be withdrawn from the account and used for wetland replacement purposes until the applicable withdrawal fees have been paid. Withdrawal transactions where a signed purchase agreement between the account holder and the buyer of the credits was received by a local government unit, as part of a complete wetland replacement plan application, prior to the effective date of the Credit Fee Schedule developed under Part III.H will be subject to the withdrawal fees in place at the time the replacement plan application was received by the local government unit, provided that the withdrawal is made by December 31 of that calendar year. E. Account Maintenance Annual Fee. Account maintenance fees will be assessed annually at 1% of the value of the credits in each account, not to exceed $500. The value of the credits and resulting per-credit fee will be determined according to Part III.H. Account maintenance fees will be assessed at the time of the first transaction (withdrawal, transfer, or deposit) of each calendar year and will be based on the credits in the account at that time. If there are no transactions in an account for the year, then no maintenance fees will be assessed for that year. The account maintenance fee will not be assessed in the same calendar year during which an establishment fee is assessed and paid. No transactions will be processed until the assessed maintenance fee has been paid. F. Easement Acquisition Fee. Each wetland mitigation easement will be assessed an easement acquisition fee of $3,400. The fee will be assessed in two installments: (1) an initial fee of $1,000 will be assessed at the time the mitigation sponsor initiates the acquisition process. BWSR will not begin the easement acquisition process until the initial fee is paid; and, (2) the balance of the easement acquisition fee ($2,400) will be assessed when BWSR prepares the conservation easement and transmits it to the landowner for signature. BWSR will not sign and accept the conservation easement until the easement acquisition fee is paid in full. The easement acquisition fee will also apply to the modification, release, or partial release of the easement at the request of the account holder and/or landowner except the total fee will be the actual cost of the easement modification or release, not to exceed to $3,400. Upon request, BWSR can provide an estimate of the total cost to modify or release the easement prior to Wetland Mitigation Fee Policy • Page 3 Minnesota Board of Water & Soil Resources • www.bwsr.state.mn.us initiating the process. The fee will be assessed in two installments with the first being the initial fee of $1,000 at the time the account holder and/or landowner submits a written request to initiate the process. The second installment is the balance of the fee based on the actual cost to BWSR to complete the process. BWSR will not sign and accept the modified conservation easement until the easement acquisition fee is paid in full. Applicants that have received a wetland bank plan approval through a local government unit notice of decision and have initiated the easement acquisition process by submitting the required paperwork to BWSR prior to June 1, 2017 will not be charged the easement acquisition fee for that bank. The easement acquisition fee will periodically be adjusted for inflation by BWSR using the U.S. Department of Labor Employment Cost Index (ECI) for Total Compensation for State and Local Government Workers (seasonally adjusted). Adjustments will be made relative to the January ECI of the year of the last adjustment (with January 2016 as the base year for the first adjustment). BWSR staff will provide notification, via a public announcement or equivalent method, of a fee adjustment no later than 30 days prior to the effective date of the fee change. G. Easement Stewardship Fee. The easement stewardship fee will provide a source of revenue to cover the costs of monitoring State-held wetland mitigation easements over time. The fee must be an amount sufficient to cover the costs of managing the easement at a level that neither significantly over recovers nor under recovers the cost to the State. The easement stewardship fee will be assessed as a per credit fee applied when credits are withdrawn from the account. The easement stewardship fee will be determined according to Part III. I. Credits will not be withdrawn from the account and used for wetland replacement purposes until the easement stewardship fee has been paid. H. Credit Value Determination. A single credit value shall be determined for each bank service area and will be used for all transactions involving credit value within that bank service area. The single credit value for each bank service area shall be calculated using a weighted average of the credit value for each county based on the total area of each county within the bank service area. The county credit value shall be calculated as the product of the land value (expressed as dollars per acre) in the county and the wetland credit value coefficient. In counties with a ratio of tillable acres to rural/vacant acres greater than 20%, the land value shall be the average agricultural ("tillable") land value. In counties with a ratio of tillable acres to rural/vacant acres less than 20%, the Rural/Vacant land value will be used in place of the average agricultural land value. In Ramsey and Hennepin counties, the county credit value shall be the average of the credit values in adjacent counties. For Ramsey this includes Washington, Anoka, and Dakota counties. For Hennepin, this includes Anoka, Carver, Dakota, Scott, and Wright counties. All land values used in the credit value determination shall be as reported by the Minnesota Department of Revenue. The wetland credit value coefficient reflects the value added to the land encompassed by the mitigation bank easement as a result of the activities completed to generate wetland credits. It is determined by BWSR based on the average ratio of credit sale price to county land value, using credit sale price information available to BWSR. Upon enactment of this policy, the Wetland Mitigation Fee Policy • Page 4 Minnesota Board of Water & Soil Resources • www.bwsr.state.mn.us coefficient shall be set at 6.0. This coefficient may be updated by BWSR Board Resolution or Policy to reflect the most recent wetland credit market values. A Credit Fee Schedule will be posted on the BWSR website that identifies the per credit fee associated with each transaction based on the single credit value for each bank service area. The Credit Fee Schedule will be updated no later than June 1 of each year by BWSR staff using land values reported by the Minnesota Department of Revenue and the credit value coefficient established by the Board. BWSR staff will provide notification, via a public announcement or equivalent method, of the Credit Fee Schedule update no later than 30 days prior to the effective date of the Schedule. I. Easement Stewardship Fee Determination. The easement stewardship fee will be determined using the following formula: 𝑚𝑎𝑟 𝑎𝑟𝑎𝑎�ℎ𝑟 𝑎𝑎𝑎=𝑟𝑟𝑎𝑟𝑎𝑟𝑎𝑟𝑖ℎ𝑚 𝑎𝑚𝑟𝑟 𝑚𝑎𝑟 𝑎𝑎𝑟𝑎𝑚𝑎𝑚𝑟∗𝑎𝑟𝑎𝑟𝑎𝑎𝑎 𝑚𝑟𝑚𝑎𝑎𝑟 𝑚𝑎 𝑎𝑎𝑟𝑎𝑚𝑎𝑚𝑟𝑟 𝑚𝑎𝑟 𝑎𝑎𝑚𝑘 𝑎𝑟𝑎𝑟𝑎𝑎𝑎 𝑚𝑟𝑚𝑎𝑎𝑟 𝑚𝑎 𝑎𝑟𝑎𝑎�ℎ𝑟𝑟 𝑚𝑎𝑟 𝑎𝑎𝑚𝑘 Where: Stewardship cost per easement is a BWSR derived estimate for monitoring, landowner contacts, records storage and management, processing landowner notices, and legal services associated with easement management activities; Average number of easements per bank is derived from the banking database and used as a multiplier to account for banks that may have multiple conservation easements and thus higher management cost; and, Average number of credits per bank is derived from the banking database and is used in the equation to arrive at a per credit fee that can be assessed when credits are withdrawn from the account. As of August 2016 the stewardship cost per easement is set at $7,800. Similar to the easement acquisition fee, this figure will periodically be adjusted for inflation by BWSR using the U.S. Department of Labor ECI for Total Compensation for State and Local Government Workers (seasonally adjusted). Adjustments will be made relative to the January ECI of the year of the last adjustment (with January 2016 as the base year for the first adjustment). BWSR staff will provide notification, via a public announcement or equivalent method, of a fee adjustment no later than 30 days prior to the effective date of the fee change. The average number of easements per bank and the average number of credits per bank used in the stewardship fee calculation also will be adjusted on a recurring basis to reflect changes in the bank program. Effective Date. Unless specifically addressed in Section III, the effective date of these wetland mitigation fees shall be June 1, 2017. Wetland Mitigation Fee Policy • Page 5 Minnesota Board of Water & Soil Resources • www.bwsr.state.mn.us Attachment A Wetland Mitigation Fee Statutory Authority 103B.103 EASEMENT STEWARDSHIP ACCOUNTS. Subdivision 1. Accounts established; sources. (a) The water and soil conservation easement stewardship account and the mitigation easement stewardship account are created in the special revenue fund. The accounts consist of money credited to the accounts and interest and other earnings on money in the accounts. The State Board of Investment must manage the accounts to maximize long-term gain. (b) Revenue from contributions and money appropriated for any purposes of the account as described in subdivision 2 must be deposited in the water and soil conservation easement stewardship account. Revenue from contributions, wetland banking fees designated for stewardship purposes by the board, easement stewardship payments authorized under subdivision 3, and money appropriated for any purposes of the account as described in subdivision 2 must be deposited in the mitigation easement stewardship account. Subd. 2. Appropriation; purposes of accounts. Five percent of the balance on July 1 each year in the water and soil conservation easement stewardship account and five percent of the balance on July 1 each year in the mitigation easement stewardship account are annually appropriated to the board and may be spent only to cover the costs of managing easements held by the board, including costs associated with monitoring, landowner contacts, records storage and management, processing landowner notices, requests for approval or amendments, enforcement, and legal services associated with easement management activities. Subd. 3. Financial contributions. The board shall seek a financial contribution to the water and soil conservation easement stewardship account for each conservation easement acquired by the board. The board shall seek a financial contribution or assess an easement stewardship payment to the mitigation easement stewardship account for each wetland banking easement acquired by the board. Unless otherwise provided by law, the board shall determine the amount of the contribution or payment, which must be an amount calculated to earn sufficient money to meet the costs of managing the easement at a level that neither significantly overrecovers nor underrecovers the costs. In determining the amount of the financial contribution, the board shall consider: (1) the estimated annual staff hours needed to manage the conservation easement, taking into consideration factors such as easement type, size, location, and complexity; (2) the average hourly wages for the class or classes of state and local employees expected to manage the easement; (3) the estimated annual travel expenses to manage the easement; (4) the estimated annual miscellaneous costs to manage the easement, including supplies and equipment, information technology support, and aerial flyovers; (5) the estimated annualized costs of legal services, including the cost to enforce the easement in the event of a violation; and (6) the expected rate of return on investments in the account. Wetland Mitigation Fee Policy • Page 6 Minnesota Board of Water & Soil Resources • www.bwsr.state.mn.us 103G.2242 WETLAND VALUE REPLACEMENT PLANS. Subd. 14. Fees established. (a) Fees must be assessed for managing wetland bank accounts and transactions as follows: (1) account maintenance annual fee: one percent of the value of credits not to exceed $500; (2) account establishment, deposit, or transfer: 6.5 percent of the value of credits not to exceed $1,000 per establishment, deposit, or transfer; and (3) withdrawal fee: 6.5 percent of the value of credits withdrawn. (b) The board may establish fees at or below the amounts in paragraph (a) for single-user or other dedicated wetland banking accounts. (c) Fees for single-user or other dedicated wetland banking accounts established pursuant to section103G.005, subdivision 10i, clause (4), are limited to establishment of a wetland banking account and are assessed at the rate of 6.5 percent of the value of the credits not to exceed $1,000. (d) The board may assess a fee to pay the costs associated with establishing conservation easements, or other long-term protection mechanisms prescribed in the rules adopted under subdivision 1, on property used for wetland replacement. Subd. 15 Fees Paid to Board. All fees established in subdivisions 9 and 14 must be paid to the Board of Water and Soil Resources and are annually appropriated to the board for the purpose of administration of the wetland bank and to process appeals under section 103G.2242 subdivision 9.