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Home My WebLink About07-11-2016 Council PacketEXPANDED AGENDA CITY COUNCIL AGENDA Monday, July 11, 2016 *********** 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Reinert, Council Members Kusterman, Maher, Manthey and Rafferty City Administrator: Jeff Karlson CLOSED CITY COUNCIL SESSION, 6:00 P.M. 1. Labor Negotiations 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 - Dale Stoesz, 309 Linda Court, requested that the council move Consent Item 1H to the discussion agenda  Setting the Agenda: Addition or deletion of agenda items The agenda was approved as amended to move Item 1H to Item 3E SPECIAL PRESENTATION CenterPoint Energy would like to present a grant in the amount of $2,500 1. CONSENT AGENDA A) Consideration of Expenditures: i) July 11, 2016 (Check No. 103990 -104096) in the amt of $404,332.04 B) Consider approval of June 27, 2016 Work Session Minutes Council Member Maher absent C) Consider approval of June 27, 2016 Council Meeting Minutes Council Member Maher absent D) Consider Resolution No. 16-71, Approving a Special Event Permit for the Tavern on Main Tent Event on August 19 & 20, 2016 E) Consider Resolution No. 16-68, Comprehensive Sign Plan Amendment for Apollo Center (550 Lilac Street) F) Consider Resolution No. 14-69, Appointing Election Judges for the 2016 Primary and/or General Election G) Consider approval of June 27, 2016 Closed Council Session Minutes Council Member Maher absent Council Agenda -2- July 11, 2016 EXPANDED AGENDA Action Taken: Motion by Rafferty, seconded by Manthey, to approve the Consent Agenda, Items 1A through 1G, as presented, was adopted; Council Member Maher abstained from voting on Item 1B, 1C, and 1G H) Consider Approval of North Metro Telecommunication Commission’s 2017 Budget (moved to 3E) 2. FINANCE DEPARTMENT REPORT No report 3. ADMINISTRATION DEPARTMENT REPORT A) Consider Hiring Nan Jia for the Recycling Intern Position, Jeff Karlson Action Taken: Motion by Rafferty, seconded by Maher, to approve the hiring of Nan Jia as recommended, was adopted B) Consider Labor Agreement with Local No. 49, Jeff Karlson Action Taken: Motion by Kusterman, seconded by Manthey, to approve the agreement as presented, was adopted C) Consider Financial Support for Yellow Ribbon Network, Jeff Karlson Action Taken: Motion by Maher, seconded by Manthey, to approve financial support to the group as presented, was adopted D) Consider Approval of Full-Time Hours for Office Specialist, Jeff Karlson Action Taken: Motion by Rafferty, seconded by Maher, to approve the schedule change as recommended, was adopted E) Consider Approval of North Metro Telecommunication Commission’s 2017 Budget Action Taken: Motion by Kusterman, seconded by Maher, to approve the budget as presented, was adopted; the council will receive an update on the Commission services at the August work session 4. PUBLIC SAFETY DEPARTMENT REPORT No report 5. PUBLIC SERVICES DEPARTMENT REPORT A) Consider Resolution No. 16-72, Authorizing the Replacement of Two Air Conditioning Systems at the Civic Complex, Rick DeGardner Action Taken: Motion by Kusterman, seconded by Manthey, to approve Resolution No. 16-72 as presented, was adopted 6. COMMUNITY DEVELOPMENT REPORT A) Woods Edge, Kendra Lindahl, Landform i) Consider First Reading of Ordinance No. 06-16, Amending Ordinance No. 04-04, Section 2.A., Lino Lakes Town Center Design & Development Guide Council Agenda -3- July 11, 2016 EXPANDED AGENDA Action Taken: Motion by Rafferty, seconded by Maher, to approve the First Reading of Ordinance No. 06-16 as presented, was adopted ii) Consider Resolution No. 16-67 Approving PUD Development Stage Plan and Preliminary Plat, Woods Edge Action Taken: Motion by Rafferty, seconded by Manthey, to approve Resolution No. 16-67 as presented, was adopted B) NorthPointe 4th Addition, Katie Larsen i) PUBLIC HEARING: Consider 1st Reading of Ordinance No. 05-16, Vacating Drainage & Utility Easements, Outlot B, NorthPointe 3rd Addition Action Taken: Motion by Maher, seconded by Rafferty, to approve the First Reading of Ordinance No. 05-16 as presented, was adopted ii) Consider Resolution No. 16-64 Approving PUD Final Plan/Final Plat Action Taken: Motion by Maher, seconded by Manthey, to approve Resolution No. 16-64 as presented, was adopted iii) Consider Resolution No. 16-65 Approving Development Agreement Action Taken: Motion by Rafferty, seconded by Maher, to approve Resolution No. 16-65 as presented, was adopted iv) Consider Resolution No. 16-70 Approving Public Improvement Surety Agreement Action Taken: Motion by Manthey, seconded by Kusterman, to approve Resolution No. 16-70 as presented, was adopted 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Motion by Rafferty, seconded by Maher, to adjourn at 7:35 p.m. was adopted Following adjournment of the regular meeting, the council will reconvene for a special session to discuss the city budget Community Calendar – A Look Ahead July 11, 2016 through July 25, 2016 Wednesday, July 13 6:30 pm, Council Chambers Planning & Zoning Monday, July 25 6:00 pm, Community Room Council Work Session Monday, July 25 6:30 pm, Council Chambers City Council Meeting Monday, July 25 following City Council mtg. EDA Meeting Updated 7/8/2016 CITY COUNCIL AGENDA Monday, July 11, 2016 *********** 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Reinert, Council Members Kusterman, Maher, Manthey and Rafferty City Administrator: Jeff Karlson CLOSED CITY COUNCIL SESSION, 6:00 P.M. 1. Labor Negotiations 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 CenterPoint Energy would like to present a grant in the amount of $2,500 to the Public Safety Department 1. CONSENT AGENDA A) Consideration of Expenditures: i) July 11, 2016 (Check No. 103990 through 104096) in the amount of $404,332.04 B) Consider approval of June 27, 2016 Work Session Minutes Council Member Maher absent C) Consider approval of June 27, 2016 Council Meeting Minutes Council Member Maher absent D) Consider Resolution No. 16-71, Approving a Special Event Permit for the Tavern on Main Tent Event on August 19 & 20, 2016 E) Consider Resolution No. 16-68, Comprehensive Sign Plan Amendment for Apollo Center (550 Lilac Street) F) Consider Resolution No. 14-69, Appointing Election Judges for the 2016 Primary and/or General Election G) Consider approval of June 27, 2016 Closed Council Session Minutes Council Member Maher absent Council Agenda -2- July 11, 2016 H) Consider Approval of North Metro Telecommunication Commission’s 2017 Budget 2. FINANCE DEPARTMENT REPORT No report 3. ADMINISTRATION DEPARTMENT REPORT A) Consider Hiring Nan Jia for the Recycling Intern Position, Jeff Karlson B) Consider Labor Agreement with Local No. 49, Jeff Karlson C) Consider Financial Support for Yellow Ribbon Network, Jeff Karlson D) Consider Approval of Full-Time Hours for Office Specialist, Jeff Karlson 4. PUBLIC SAFETY DEPARTMENT REPORT No report 5. PUBLIC SERVICES DEPARTMENT REPORT A) Consider Resolution No. 16-72, Authorizing the Replacement of Two Air Conditioning Systems at the Civic Complex, Rick DeGardner 6. COMMUNITY DEVELOPMENT REPORT A) Woods Edge, Kendra Lindahl, Landform i) Consider First Reading of Ordinance No. 06-16, Amending Ordinance No. 04-04, Section 2.A., Lino Lakes Town Center Design & Development Guide ii) Consider Resolution No. 16-67 Approving PUD Development Stage Plan and Preliminary Plat, Woods Edge B) NorthPointe 4th Addition, Katie Larsen i) PUBLIC HEARING: Consider 1st Reading of Ordinance No. 05-16, Vacating Drainage & Utility Easements, Outlot B, NorthPointe 3rd Addition ii) Consider Resolution No. 16-64 Approving PUD Final Plan/Final Plat iii) Consider Resolution No. 16-65 Approving Development Agreement iv) Consider Resolution No. 16-70 Approving Public Improvement Surety Agreement 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Following adjournment of the regular meeting, the council will reconvene for a special session to discuss the city budget Council Agenda -3- July 11, 2016 Community Calendar – A Look Ahead July 11, 2016 through July 25, 2016 Wednesday, July 13 6:30 pm, Council Chambers Planning & Zoning Monday, July 25 5:30 pm, Community Room Council Work Session Monday, July 25 6:30 pm, Council Chambers City Council Meeting Monday, July 25 following City Council mtg. EDA Meeting CITY COUNCIL WORK SESSION June 27, 2016 DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 DATE : June 27, 2016 4 TIME STARTED : 6:10 p.m. 5 TIME ENDED : 6:30 p.m. 6 MEMBERS PRESENT : Councilmember Rafferty, Kusterman, 7 Manthey and Mayor Reinert 8 MEMBERS ABSENT : Council Member Maher 9 10 Staff members present: City Administrator Jeff Karlson; Finance Director Sarah Cotton; 11 Community Development Director Michael Grochala; Public Safety Director John 12 Swenson; City Planner Katie Larsen; Public Services Director Rick DeGardner; City 13 Clerk Julie Bartell 14 15 1. Discuss Condensing Units Repair/Replacement Options – Public Services 16 Director DeGardner explained that two of the civic complex air conditioning units are 17 facing issues. He distributed a written report outlining the matter. 18 19 Dave Carlson, NAC, and Tim Hillesheim, Public Services Utility Services Supervisor, 20 were present. Mr. Carlson explained that both the public safety department and city hall 21 units are at life expectancy. There have been some recent failures and repairs. The units 22 are running at 50 percent capacity and need substantial repairs. Also they are phasing out 23 certain elements on the equipment and that will cause additional expense as time goes on. 24 It’s a crossroads time to consider replacement or those substantial repairs. Comparisons 25 on price are included in the report distributed to the council, based on current 26 information. 27 28 Mayor Reinert asked what went wrong and when – are the compressors bad on both? 29 Mr. Hillesheim explained that the coils were discovered to be leaking last year. This 30 year, the compressor in the city hall unit would not start and was bypassed. The public 31 safety wing unit is closing in on failure also. There are four total units at the complex 32 and two are hurting. Mr. Hillescheim noted that he believes there is a coil design 33 problem causing problems over the years (from vibration). Mr. Carlson explained that 34 the coil design is upgraded in newer units. He added that he feels it’s pretty fortunate to 35 get twenty years from the units. 36 37 Staff is looking for direction from the council – should they begin a process on 38 replacement of the units. Replacement would involve a six to eight week process in 39 ordering units; if something were to take the equipment down now, it would basically 40 leave that portion of the complex without cooling service. 41 42 Mayor Reinert recommended that the council further discuss the matter at the July work 43 session. The council concurred. 44 45 CITY COUNCIL WORK SESSION June 27, 2016 DRAFT 2 Finance Director Cotton added information about the availability of funds in reserve for 46 the work. 47 48 2. Review Regular Agenda - The council reviewed the agenda. 49 50 Item 1E – Administrator Karlson noted that the payment to Jorgenson was made despite 51 the council’s direction. Community Development Director Grochala explained that there 52 is sufficient payment remaining to ensure the outstanding matter is settled satisfactorily. 53 54 The council noted some concern that the payment was made against direction. A process 55 is recommended so staff does not pay expenditures until they are informed it is authorized 56 by the council. 57 58 Item 3A – Mayor Reinert noted that this matter, a Memorandum of Understanding with 59 the City’s LELS union, would not be considered on this agenda. 60 61 Item 4A – Director Swenson explained the added salary (stipend) that follows the 62 promotion. Those funds have been budgeted since this promotional situation was 63 planned. 64 65 The Community Development items were reviewed briefly and will be discussed further 66 at the council meeting. 67 68 The meeting was adjourned at 6:30 p.m. 69 70 These minutes were considered, corrected and approved at the regular Council meeting held on 71 July 11, 2016. 72 73 74 75 76 Julianne Bartell, City Clerk Jeff Reinert, Mayor 77 78 COUNCIL MINUTES June 27, 2016 DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 DATE : June 27, 2016 4 TIME STARTED : 6:30 p.m. 5 TIME ENDED : 7:25 p.m. 6 MEMBERS : Council Member Rafferty, Kusterman, Manthey 7 and Mayor Reinert 8 MEMBERS ABSENT : Council Member Maher 9 10 Staff members present: City Administrator Jeff Karlson; Community Development Director Michael 11 Grochala; City Planner Katie Larsen; City Engineer Diane Hankee; Director of Public Safety John 12 Swenson; and City Clerk Julie Bartell 13 14 SPECIAL PRESENTATION 15 16 An award of appreciation was presented to Randy Rolstad for his 30 years of service to the fire 17 district in the area. 18 19 PUBLIC COMMENT 20 21 No one was present to address the council regarding a matter not on the agenda. 22 23 SETTING THE AGENDA 24 25 The agenda was amended to remove Item 3A. 26 27 CONSENT AGENDA 28 29 Council Member Rafferty moved to approve the Consent Agenda, Items 1A through 1F, as presented. 30 Council Member Manthey seconded the motion. Motion carried on a voice vote. 31 32 ITEM ACTION 33 34 Consideration of Expenditures: 35 36 June 27, 2016 (Check No. 103901 – 37 103989, $566,030.08) Approved 38 39 June 6, 2016 Council Work Session Minutes Approved 40 41 June 13, 2016 City Council Meeting Minutes Approved 42 43 Resolution No. 16-63, Temporary On-Sale Approved 44 Liquor License, Cabaret License, Exemption for 45 COUNCIL MINUTES June 27, 2016 DRAFT 2 Gambling Permit and Parade Run permit for the 46 Annual St. Joseph’s Church August Festival 47 48 Check No. 103816 to Jorgenson Construction in the Approved 49 amount of $102,805.02 50 51 Resolution 16-66, Peddler License for Insight Pest Approved 52 Solutions 53 54 FINANCE DEPARTMENT REPORT 55 56 There was no report from the Finance Department. 57 58 ADMINISTRATION DEPARTMENT REPORT 59 60 Item 3A had been deleted from the agenda. 61 62 PUBLIC SAFETY DEPARTMENT REPORT 63 64 4A) Consider Promotion of Paid On-Call Firefighters to rank of Fire Lieutenant – Public 65 Safety Director Swenson asked for approval to promote four on-call fire fighters. He reviewed the 66 process used to consider promotions. He announced the names and their proposed assignment. 67 68 Council Member Kusterman moved to approve the promotion of Derek Sadowski, Kevin Sweeney, 69 Brooke Jacobson, and Jeff Frid as recommended. Council Member Rafferty seconded the motion. 70 Motion carried on a voice vote. 71 72 PUBLIC SERVICES DEPARTMENT REPORT 73 74 There was no report from the Public Services Department. 75 76 COMMUNITY DEVELOPMENT DEPARTMENT REPORT 77 6A) Consider Resolution 16-60, Authorizing Application for Abatement/Addition of Special 78 Assessment, 550 Lilac Street – Community Development Director Grochala reviewed his written staff 79 report, noting that this matter has been discussed several times by the council. It involves an assessment 80 for SAC charges against a property; that assessment is disputed by an individual who purchased the 81 property after the charges were brought. As directed by the council, staff has worked out an agreement 82 with the property owner to split the assessment (minus late fees). The negotiated cost to the property 83 owner will be assessed in installments over a five year period. 84 Council Member Kusterman noted that this is a result that comes from both sides understanding the cost 85 of litigation and he believes the result is fair to the city and to the business owner. 86 Council Member Kusterman moved to approve Resolution No. 16-60 as presented. Council Member 87 Manthey seconded the motion. Motion carried on a voice vote.. 88 6B) Consider Resolution No. 16-62, Accepting Feasibility Study, NE Drainage Area Study – 89 COUNCIL MINUTES June 27, 2016 DRAFT 3 Katy Thompson, WSB, presented a brief summary of what would be included in the proposed NE 90 Lino Drainage Area Study and explained the following: 91 - Background of the area that impacts water drainage; 92 - History of the current study – revisions and the involvement of the Rice Creek Watershed 93 District (RCWD); 94 - Alternatives to deal with drainage and how they have been evaluated; 95 - Update of water quality calculations, revised to use Minnesota Stormwater Manual standards; 96 - Alignment- process used to determine the best option (alignment shown on map); 97 - Next steps were reviewed. 98 Mayor Reinert noted that the matter has been reviewed several times by the Council. 99 Council Member Kusterman moved to approve Resolution No. 16-62 as presented. Council Member 100 Manthey seconded the motion. Motion carried on a voice vote. 101 6C) Watermark PUD Residential Community 102 i) Consider Second Reading of Ordinance No. 04-16 to Rezone Property from R, Rural and 103 R-BR, Rural-Business Reserve to PUD-Planned Unit Development 104 City Planner Larsen noted that the council thoroughly reviewed this project at their last meeting and, at 105 that time, approved several actions. First reading of this ordinance was approved and is now presented 106 for second reading and passage. 107 Council Member Kusterman moved to waive the full reading of Ordinance No. 04-16 as presented. 108 Council Member Rafferty seconded the motion. 109 Council Member Kusterman moved to approve 2nd Reading and adoption of Ordinance No. 04-16 as 110 presented. Council Member Manthey seconded the motion; Motion carried: Yeas, 4; Nays none. 111 Council Member Maher was absent. 112 6D) Arnt Construction Company, Inc. Temporary Batch Plant, Katie Larsen 113 i) Consider Resolution No. 16-58 Approving Interim Use Permit for Temporary Batch Plant 114 ii) Consider Resolution No. 16-59 Approving Site Improvement Performance Agreement 115 City Planner Larsen noted that Mr. Arnt approached the council several months ago asking that his 116 request for permission to operate a temporary batch plant be considered. There were outstanding 117 issues at that time (relating to stormwater management, site performance, truck routes) but staff has 118 worked through those issues with Mr. Arnt and he has since submitted the necessary applications. 119 Ms. Larsen used an overhead view to explain the location of the temporary batch plant and the time 120 span proposed for its use (the product of the plant will be used by MnDOT for it’s I-35E project). 121 There is not a finite date from the requestor but staff has included an end date. She reviewed where 122 trucks utlizing the facility will be allowed to travel. 123 The action requested includes approval of a Interim Use Permit and a Site Improvement Performance 124 Agreement in a standard form. 125 COUNCIL MINUTES June 27, 2016 DRAFT 4 Mr. Arnt added that he has spoken with Doug Fisher from Anoka County Engineering and he has no 126 issues with the road plans. Use of the site by PCI is connected to road repairs and convenience. He 127 noted one parcel involved that is rented. He used a map to indicate how trucks will move in and out 128 and where materials will be piled. He explained techniques they are using to keep their pile from 129 becoming too large. He would like to be able to allow trucks to go south on Otter Lake Road. He 130 pointed out that this is a shorter project since it’s just dealing with the MnPass lane. Also Mr. Arnt 131 said he prefer to provide a bond rather than the credit requested. Community Development Director 132 Grochala explained that there are certain requirements for public projects and it’s recommended what 133 should be provided other than a bond which is basically insurance and would require a claim if 134 instituted. 135 Planner Larsen reviewed the hours that plant operations would be allowed. 136 The council discussed the change in truck route requested. Mayor Reinert noted it shouldn’t be a 137 problem with the approval of the county in place and with such a short time span for the project (eight 138 days). Council Member Rafferty asked for staff comment since they are recommending a different 139 route (north on Otter Lake Road). City Engineer Hankee noted that there are already complaints 140 coming in with construction in the area; she understands the need to get this project done and 141 recommends that a balance be found. Community Development Director Grochala noted that there 142 will be construction traffic on that section of Otter Lake Road with or without this project. The 143 Planning and Zoning board directed staff to work with the applicant on a solution. Mr. Arnt said he 144 could work to keep his trucks off of that southern route to lessen the impact. Engineer Hankee 145 suggested that communication is a part of the plan. 146 Council Member Kusterman moved to approve Resolution No. 16-58 amended to allow the truck 147 routes both north and south, limited to one hundred per day. Council Member Manthey seconded the 148 motion. Motion carried on a voice vote. 149 Council Member Rafferty moved to approve Resolution No. 16-59 as presented. Council Member 150 Kusterman seconded the motion. Motion carried on a voice vote. 151 6E) Consider Resolution No. 16-61, Calling for Hearing on Tax Increment Financing Plan, 152 Clearwater Creek Business Park – Community Development Director Grochala explained that United 153 Properties is proposing a warehouse project (location described). As part of that project, 21st Avenue 154 would be extended. To assist with the development, the developer has submitted an application for tax 155 increment financing. The application is currently under review by staff and counsel. Part of the process 156 would be establishment of a district and plan and review by impacted jurisdictions, as well as a public 157 hearing. Staff is proposing that the council set that public hearing date. 158 Mayor Reinert noted that this is simply setting a hearing and more discussion is planned on this matter. 159 Council Member Kusterman moved to approve Resolution No. 16-61 as presented. Council Member 160 Rafferty seconded the motion. Motion carried on a voice vote. 161 162 UNFINISHED BUSINESS 163 164 There was no Unfinished Business. 165 166 167 COUNCIL MINUTES June 27, 2016 DRAFT 5 NEW BUSINESS 168 169 There was no New Business. 170 171 COMMUNITY EVENTS 172 173 PUPPET SHOW IN THE PARK will be held at Highland Meadows Park, 624 Arlo Lane, on 174 Wednesday, July 6 at 7:00 p.m. 175 176 FAMILY CORN ROAST & COMMUNITY NIGHT will be held Thursday, July 28h, from 5:30 – 177 8:00 p.m. at Sunrise Park. 178 179 COMMUNITY CALENDAR 180 181 Community Calendar – A Look Ahead 182 June 27, 2016 through July 11, 2016 183 Wednesday, June 29 6:30 pm, Council Chambers Environmental Board 184 Thursday, July 2 8:00 am, Community Room EDAC 185 Monday, July 4 CLOSED INDEPENDENCE DAY 186 Tuesday, July 5 6:00 pm, Council Chambers Council Work Session 187 Monday, July 11 6:00 pm, Community Room Park Board 188 189 ADJOURN 190 191 There being no further business, Council Member Kusterman moved to adjourn at 7:25 p.m. Council 192 Member Manthey seconded the motion. Motion carried on voice. 193 194 These minutes were considered and approved at the regular Council Meeting, July 11, 2016. 195 196 197 198 199 Julianne Bartell, City Clerk Jeff Reinert, Mayor 200 201 CITY COUNCIL AGENDA ITEM 1D STAFF ORIGINATOR: Lisa Hogstad-Osterhues, Deputy City Clerk MEETING DATE: July 11, 2016 TOPIC Consider Resolution No. 16-71, Approving a Special Event Permit for the Tavern on Main Tent Event on August 19 & 20, 2016 VOTE REQUIRED: 3/5 INTRODUCTION The owner of The Tavern on Main, Mr. Chad Wagner, has applied to the City for permission to conduct a special event on his property at 8001 Lake Drive on August 19th and 20th. Mr. Wagner has held a similar event for the past several years during the Lino Lakes Blue Heron Days festival. BACKGROUND Mr. Wagner has submitted an application for a special event permit, noting that his event will include a tent in his parking lot with live music, food and alcoholic beverages. Staff has been working with him to ensure that the event plans meet appropriate state and local regulations. In past years, the placement of the tent has been an issue as far as setback. Mr. Wagner has addressed the setback issue by acquiring a lease of adjacent land. A list of conditions has been developed relating to the application and event. All conditions are set forth as Attachment A to Resolution No. 16-71 and it is recommended that they be attached if the Council elects to approve this permit. Mr. Wagner has reviewed and accepted the conditions. The applications, site plan and all background information are available for review in the City Clerk’s Office. RECOMMENDATION Approve Resolution No. 16-71, Authorizing a Special Event Permit for The Tavern on Main Tent Event on August 19 and 20, 2016 with the conditions as set forth CITY OF LINO LAKES RESOLUTION NO. 16-71 AUTHORIZING SPECIAL EVENT PERMIT FOR MILLER'S ON MAIN TENT EVENT WHEREAS, Chad Wagner of The Tavern on Main has submitted an application for a special event permit for a tent event to be held on August 19 & 20, 2016 at 8001 Lake Drive; and WHEREAS, consistent with previous approvals, and recognizing that successfully implementing an event of this type requires ongoing communication and instruction, staff recommends that conditions of approval be attached and incorporated into this resolution; and WHEREAS, the applicant has expressed a willingness to be bound to the conditions recommended by staff (Attachment A) and to continue to work with staff to address additional concerns which may arise; and WHEREAS, the Lino Lakes Public Safety Department has reviewed the application and event plans; and WHEREAS, proof of general liability and liquor liability insurance has been submitted by the applicant; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota: That the City Council authorizes issuance of a special event permit to applicant Chad Wagner of The Tavern on Main for event on August 19 and 20, 2016 subject to the attached conditions (Attachment A). Adopted by the Council of the City of Lino Lakes this 11th day of July, 2016. The motion for the adoption of the foregoing resolution was introduced by Council Member _____________and was duly seconded by Council Member ______________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: _____________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk ATTACHMENT A (Resolution No. 16-71) Conditions and Checklist for issuance of Special Event Permit to Chad Wagner d/b/a The Tavern on Main, for music event on August 19 & 20, 2016: (1) The applicant has plans for parking vehicles including size and location of lots, points of access; and proof of permission for use of property upon which the special event is to be held or upon which parking may occur, and in the case of County right-of-way, proper documentation from the County approving the plans; (2) For the concerts, the use of wristbands for limiting the number of persons is indicated in the application and to keep underage drinking out. An entrance fee shall be charged and entrance shall be by wrist bands only. The applicant shall also indicate the maximum number of persons that shall be permitted, and the fire marshal shall provide a maximum number of occupants based on the size of the tent; (3) Plans are submitted for fencing the location and the gates contained in such fence; (4) Plans are submitted for providing toilet and lavatory facilities including the source, number, and location, type and means of disposing of waste deposited; (5) Plans are submitted for holding, collection, and disposing of solid waste material; (6) Plans are submitted to illuminate the location of the event including the source and amount of power and the location of lights; based on plans provided, the fire inspector shall determine if a state permit is required; (7) Applicant will provide security on premise as outlined in Special Event Application. (8) Applicant will provide all staff training for employees that will be working this event between August 1, 2016 and August 18, 2016. Training shall focus on prevention of over service of alcohol and other means to safely serve customers. (9) Plans are submitted for sound control and sound amplification, if any, including number, location, and power of amplifiers and speakers; all reasonably necessary precautions shall be taken by the applicant to insure that the sound of the assembly will not carry unreasonably beyond the enclosed boundaries of the location of the assembly; (10) Plans are submitted to meet the requirements of the State Fire Code, including but not limited to the following: i. Minimum of three 2A10BC fire extinguishers need to be on location in the tent area; ii. “No Smoking” signs need to be displayed throughout the area. iii. No pyrotechnics are allowed. iv. No parking within 20 feet of the tent. Measured from stakes. v. No open flames within 20 feet of tent. Measured from stakes. vi. Generator to be located at least 20 feet from tent. Measured from stakes. vii. Clearance to property line needed to 20 feet. Measured from stakes; viii. Certificate of flame retardant for all panels of tent. (11) Music shall cease at 12:00 a.m. (12) Telephone service shall be in place sufficient to connect to emergency services; (13) The applicant shall provide proof of appropriate liability insurance. (14) The placement of a tent must comply with setback requirements. (15) Safe sober rides to and from provided by Centennial Hockey free of charge. (16) Private spotters hired to watch for any customers showing signs of obvious intoxication. (17) The applicant shall meet with Public Safety Director, of his designee, within two weeks after the event to review the event and any associated incidents. 1 CITY COUNCIL AGENDA ITEM 1E STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: July 11, 2016 TOPIC: Consider Resolution No. 16-68, Comprehensive Sign Plan Amendment for Apollo Center (550 Lilac Street) VOTE REQUIRED: 3/5 INTRODUCTION Morteza Salehi-Mashaei, owner of Apollo Center, requested an amendment to their Comprehensive Sign Plan. The property is located at 550 Lilac Street. BACKGROUND Section 1010.007(12) requires multi-occupancy businesses prepare a comprehensive sign plan for the entire building. These plans and amendments require Council approval. (12) Multi-occupancy business and industrial buildings. When a single principle building is devoted to three or more businesses or industrial uses, a comprehensive sign plan for the entire structure shall be submitted and shall be of sufficient scope and detail to permit a determination as to whether or not the plan is consistent with the following regulations. The plan shall be subject to the approval of the City Council. No permit shall be issued for an individual use except upon a determination that it is consistent with the approved comprehensive sign plan. (a) The maximum individual tenant sign sizes for multiple occupancy structures and individual uses which may display signs shall not exceed the maximum provisions for single occupancy structures in the same zoning district. (b) Multiple occupancy structures may display an area identification sign consistent with the applicable district provisions. Individual freestanding signs identifying the tenants' business shall not be displayed. Twenty-five percent of the area identification sign must identify the entire site, the balance of the sign may be used for individual tenant identification. (c) Except as provided in this chapter, individual tenants of multiple occupancy structures shall not display separate wall signs unless the tenants' business has an exclusive exterior entrance. The number of signs shall be limited to one per building façade that the 2 tenant occupies, and each sign shall be limited to the maximum wall size sign permitted per building façade, the total of which shall not exceed the square footage allowed. (d) In any multiple occupancy structure qualifying as a mall type shopping center, directory signs shall be permitted for each common public entrance. Each directory sign area shall not exceed a total of 50 square feet and shall be located within 50 feet of the common public entrance being served. The size of individual business identification signing within the directory shall be established during the site plan review process. Attention shall be given to the possible number of tenant or occupancy bays which may be served by the common public entrance for which the directory sign is intended. The original Apollo Center comprehensive sign plan was written in April 2004 and did not allow for wall signs on the side or rear elevations. The amendment now allows for side and rear elevation wall signage. The amendment is consistent with Chapter 1010: Signs ordinance in regards to allowed total wall sign area. RECOMMENDATION Staff recommends approval of Resolution No. 16-68. ATTACHMENTS 1. Resolution No. 16-68 2. Amended Comprehensive Sign Plan-Apollo Center CITY OF LINO LAKES RESOLUTION NO. 16-68 APPROVING COMPREHENSIVE SIGN PLAN AMENDMENT FOR APOLLO CENTER (550 LILAC STREET) WHEREAS, the property owner of Apollo Center (550 Lilac Street) requested an amendment to their Comprehensive Sign Plan; and WHEREAS, Section 1010.007(12) requires multi-occupancy businesses prepare a comprehensive sign plan for the entire building and these plans and amendments require Council approval; and WHEREAS, city staff reviewed the amended comprehensive sign plan and deemed it compliant with Chapter 1010: Signs. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby approves the Comprehensive Sign Plan Amendment for Apollo Center (550 Lilac Street). Adopted by the Council of the City of Lino Lakes this 11th day of July, 2016. The motion for the adoption of the foregoing resolution was introduced by Council Member _______________and was duly seconded by Council Member ________________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: ______________________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk Apollo Center Sign Plan V3 6-1-2016 Page 1 Tenant Sign Criteria Apollo Center 550 Lilac St Lino Lakes, MN 55014 6-1-16 V3 Apollo Center Sign Plan V3 6-1-2016 Page 2 Section I Intent and Purposes Apollo Center sign criteria are intended to provide guidelines for tenant identification that will present an attractive image and compliment the architectural integrity and continuity of the business center. This criteria is intended to reduce clutter and provide strong, clear identification of businesses. Apollo Center shall have a consistent sign criteria governing the framework of sign plans used by each tenant to clearly and consistently identify them as a part of the overall development. Section II Sign Approval A. Landlord Design, content and details must be approved by the landlord and the city of Lino Lakes prior to fabrication and erection of the signs. Although previous signing practiced by the tenant will be considered, they will not necessarily govern the signage to be installed in the business center. 1. Tennant’s sign contractor must submit drawings and specifications to the landlord for all proposed sign work. Drawings shall show dimensions of the signage area and proposed signs along with the location of each sign on the fascia of each elevation and pylon. They must include graphics, colors, construction and attachment details. 2. All costs incurred in furnishing and installation of a sign shall be the full responsibility of the tenant. Sign construction shall be completed in compliance with the instructions specified within these criteria. 3. Tenants are required to identify their premise with a sign specified in this contract. 4. All tenant’s signs must be approved by landlord prior to be submitted for city approval. B. City of Lino Lakes Apollo Centers designated sign installer is Hamilton Sign. A licensed sign contractor shall be responsible for obtaining all city sign permits. City approval does not imply or supersede the landlord’s approval. Apollo Center Sign Plan V3 6-1-2016 Page 3 Section III Allocated Sign Areas A. Exterior Major identification 1. Each Tennant must identify lease space with a sign. Exterior signage shall consist of store name. Copy shall be restricted to tenant’s proper name and major product offered. Corporate logos, emblems, shields and similar identifying items shall be permitted. 2. All signs shall be located in the designated sign areas as shown on elevation. 3. All signs letters must be constructed of aluminum and must be U.L. approved. Any plastic letters must pre pre -approved and may be only used on back of building. 4. All signs for each tenant will be furnished, paid for and maintained by tenant. B. Exterior Back Sign 1. Tenant is allowed one back sign installed onto brick area of tenants leased space as shown on elevation. 2. Sign shall be centered left and right and up and down of the tenants leased space and be 24” from top of building. See elevation. C. Windows and Doors 1. Tenant is allowed vinyl graphics of tenant identification, mounted on the front and rear doors if desired. 2. All door lettering must be approved by landlord. Lettering should consist of days, hours of operation and a logo if desired. Lettering shall not be more than 10% door area. Rear door lettering shall be the same. Section IV Sign Criteria A. Exterior Major Identification 1. Signs will be placed as shown on elevation and shall be limited to Business name, type of business and logo. 2. Letter style will conform to tenants logo style, must be illuminated with neon or L.E.D. lit channel letters with polycarbonate faces mounted to an aluminum raceway. Race way must be painted to match pantone 4665U or best match possible. Letter style is subject to landlord approval. 3. Corporate logos may be permitted as part of copy, subject to landlord’s approval. Anchor tenant front sign area 4’ 8” H x 16’ 7” W, as shown on elevation. Anchor tenant side of building may not exceed 42” letter height. Any sign must fit within the top 5’ section of building and be approved by landlord as shown on elevation. Internal tenant front sign area 3’ 11” H x 16’ 7” W as shown on elevation. 4. All letters and logos must be internally lit with exception for the rear signs, They may be plastic letters approved by landlord. Apollo Center Sign Plan V3 6-1-2016 Page 4 5. Directional signs are allowed and cannot exceed 4 square feet in size. Directional signs are non- illuminated and can be placed up to 10” above grade. 6. One double faced internally lit pole pylon sign, no larger than 200 square feet and no taller than 40 feet will identify the Apollo Center. There will be two backlit panels incorporated into the sign to identify the two largest anchor tenants and each additional tenant will have a smaller panel available to them. A double face electronic message center will be allowed on the pylon sign by the landlord only as long as it conforms to the city code. B. Exterior signs prohibited 1. Moving, Rotating or flashing signs. 2. Signs, letters, symbols or identification of any nature, painted directly onto the exterior surfaces of the premise. 3. Cloth, wood, paper or cardboard signs, stickers or painted signs on or around exterior surfaces of the premises. 4. Individual free standing sign identifying the tenants business. 5. Rooftop signs. 6. Signs employing noisemaking devices and components. 7. Window display signs or any kind without prior approval of landlord. 8. Signs employing un-edged or uncapped plastic letters or letters with no returns a nd exposed edges. 9. Signs placed to any right angles to front of premises. 10. Banners, unless approved in conjunction with Lino Lakes sign ordinance section 1V-E. 11. Backlit cabinet signs. Section V Sign Construction Specifications A. Illuminated Signs 1. Dimensions – All channel letters and logo signs must be approved by landlord. Maximum height not to exceed sign area as shown on elevation. Depth to be no more than 5 inches. All letters will have painted aluminum trim and returns. All letters and logo signs will be attached horizontally to the sign area and all will be U.L. Listed. Apollo Center Sign Plan V3 6-1-2016 Page 6 Apollo Center Sign Plan V3 6-1-2016 Page 7 Apollo Center Sign Plan V3 6-1-2016 Page 8 Apollo Center Sign Plan V3 6-1-2016 Page 9 Apollo Center Sign Plan V3 6-1-2016 Page 10 Apollo Center Sign Plan V3 6-1-2016 Page 11 Apollo Center Sign Plan V3 6-1-2016 Page 12 B B M TENANT SIGN 4‘8” x 33’ WEST END CAP SIGN AREA L SECURITY LIGHT M K NN KK KOOOOO 4‘8” x 33’ EAST END CAP SIGN AREA K O L L TENANT SIGN TENANT SIGN TENANT SIGN TENANT SIGN P PPPPPP P 3‘11” x 16’7” REAR SIGN AREA TENANT SIGN TENANT SIGN TENANT SIGN NNN Utility Room PTENANT SIGN May 2016 update 33’ 15.33’ 15.33’ 33’33’ TENANT SIGN 33’ 15.33 x 33’ = 505.89 Sq Ft Sign Area = 50 Sq. Ft TENANT SIGN South Elevation East Elevation West Elevation North Elevation 15.33’ 2“’ 15.33 x 33’ = 505.89 Sq Ft 15.33 x 33 = 505.89 Sq Ft Sign Area = 50 Sq. Ft 4‘8” x 16’7” FRONT SIGN AREA ANCHOR TENANT , SIGNS TO BE PLACED WITH IN THIS SIGN AREA (69 Sq Ft Max ) Sign Area = 50 Sq. Ft 10.22’ 24”’ 3‘11” x 16’7” FRONT SIGN AREA INTERIOR TENANT (51.94 Sq Ft Max) (51.94 Sq Ft Max) (50 Sq Ft Max) (50 Sq Ft Max) 15.33 x 33’ = 505.89 Sq Ft 15.33 x 26’= 5398.58 Sq Ft CITY COUNCIL AGENDA ITEM 1F STAFF ORIGINATOR: Julie Bartell, City Clerk MEETING DATE: July 11, 2016 TOPIC: Resolution No.16-69, Election Judge Approval VOTE REQUIRED: 3/5 INTRODUCTION In 2016 two elections will be administered in the City of Lino Lakes – the August 9th Primary and November 8th General election. Election judges are required in order to staff the city’s seven voting precincts. BACKGROUND The governing body of a municipality has the authority to appoint qualified applicants to serve as election judges. Attached is a list of qualified individuals who, if appointed, will be trained to serve as Lino Lakes’ Election Judges for the 2016 Primary and/or General Election. RECOMMENDATION Staff recommends approval of Resolution No. 14-69, Appointing Election Judges for the 2016 Primary and/or General Election. ATTACHMENTS Election Judge Roster Primary Election, Tuesday, August 9, 2016 Lino Lakes P-1 Public Works Building, 1189 Main ST, Lino Lakes, MN 55014 Lisa Hogstad Osterhues, Head Judge Pamela Jacobson, Head Judge Kristine Kroll, Head Judge Mary Ayde, Election Judge Jo Anne Bucholz, Election Judge Margo Fischbach, Election Judge Sylvia Marier, Election Judge Mariel Resch, Election Judge Calvin Winbush, Election Judge Lino Lakes P-2 Lino Lakes Fire Station #1, 7741 Lake Dr, Lino Lakes, MN 55014 Colleen Borys, Head Judge Lisa MacNeil, Head Judge Amy Barron, Election Judge Jaclynn Gunn, Election Judge John Klemaseski, Election Judge Cindy Lindemyer, Election Judge Alan Lowles, Election Judge Patrick McCool, Election Judge John Nordlund, Election Judge Lino Lakes P-3 St. Joseph's Catholic Church, 171 Elm ST, Lino Lakes, MN 55014 Eileen Couture, Head Judge Juliane Kvalbein, Head Judge Martin Asleson, Election Judge Rebecca Bilder, Election Judge Bernard Fischbach, Election Judge Sharon Kranz, Election Judge Leanne Petyo, Election Judge Lino Lakes P-4 Civic Complex, 600 Town Center PKWY, Lino Lakes, MN 55014 Diane Bergeson, Head Judge Sharon O'Toole, Head Judge Carol Blomberg, Election Judge Kathi Gallup, Election Judge Theresa Klaman, Election Judge Kathryn McCool, Election Judge Jay Peterson, Election Judge Barbara Winbush, Election Judge Melanie Zierden, Election Judge Lino Lakes P-5 Rice Creek Covenant Church, 125 Ash ST, Lino Lakes, MN 55126 Nicole Glowacki, Head Judge Kay Jakubowski, Head Judge Elizabeth Doucette, Election Judge Sally Holmgren, Election Judge Ruth Howard, Election Judge Sue Hughes, Election Judge Judge Board Report, 2016 Presidential Election Page 1 of 2Printed: 7/13/2016 12:05 PM Thomas Jacobson, Election Judge Paul Wagener, Election Judge Lino Lakes P-6 Living Waters Lutheran Church, 865 Birch St, Lino Lakes, MN 55014 Sara Hesseltine, Head Judge Betty Utecht, Head Judge Richard Caldecott, Election Judge Patricia Fanone, Election Judge Thomas Fraser, Election Judge Kimberli Johnson, Election Judge Sherri Leu, Election Judge Jeffrey Lucey, Election Judge Jean Miers, Election Judge Lyndell Moberg, Election Judge Lino Lakes P-7 Rice Lake Elementary School, 575 Birch ST, Lino Lakes, MN 55014 Mary Altstatt, Head Judge Kathy Wall, Head Judge Angela Carlson, Election Judge Steve Landberg, Election Judge Tammy Lincoln, Election Judge Stephen Minar, Election Judge Denise Palmer, Election Judge Marg Penn, Election Judge Judge Board Report, 2016 Presidential Election Page 2 of 2Printed: 7/13/2016 12:05 PM CITY OF LINO LAKES RESOLUTION NO. 16-69 APPOINTING ELECTION JUDGES FOR AUGUST 9, 2016 PRIMARY & NOVEMBER 8, 2016 GENERAL ELECTION WHEREAS, a State Primary Election will be held on August 9, 2016 and a Presidential General Election will be held on November 8, 2016; and WHEREAS, pursuant to Minnesota Statute 204B.21, Subd. 2, election judges and a head election judge for each precinct in a municipality shall be appointed by the governing body of that municipality; and WHEREAS, pursuant to Minnesota Statute 204B.21, Subd. 1, a list of eligible voters was prepared; and WHEREAS, the attached list of qualified individuals, if appointed, have agreed to serve as election judges; and WHEREAS, pursuant to Minnesota Statute 204B.25, election judges will receive training prepared by the Anoka County Elections and Voter Registration division; NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes that the named persons on the attached list of qualified individuals are hereby appointed to serve as election judges and head election judges for the 2016 Primary Election and the 2016 General Election if called upon to do so. Adopted by the Council of the City of Lino Lakes this 11th day of July, 2016. The motion for the adoption of the foregoing resolution was introduced by Council Member _______________and was duly seconded by Council Member ________________ and upon a vote being taken thereon, the following voted in favor thereof: The following voted against same: _______________________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk CLOSED COUNCIL SESSION June 27, 2016 DRAFT 1 1 CITY OF LINO LAKES 2 MINUTES 3 CLOSED COUNCIL SESSION 4 5 DATE : June 27, 2016 6 TIME STARTED : 5:30 p.m. 7 TIME ENDED : 6:07 p.m. 8 MEMBERS PRESENT : Council Members Rafferty, Manthey, 9 Kusterman and Mayor Reinert (arrived 10 @5:45 p.m.) 11 MEMBERS ABSENT : Councilmember Maher 12 13 Staff present: City Administrator Jeff Karlson. 14 15 Acting Mayor Rafferty called the meeting to order at 5:30 p.m. in the Council Work 16 Room at Lino Lakes City Hall. Before the meeting was closed, Acting Mayor Rafferty 17 read a statement on the purpose of the meeting. The meeting was closed as a session of 18 the city council pursuant to the Open Meeting Law for the purpose of discussing labor 19 negotiations. 20 21 The meeting was recorded. 22 23 The meeting was adjourned at 6:07 p.m. 24 25 These minutes were considered, corrected and approved at the regular Council meeting held on 26 July 11, 2016. 27 28 29 30 31 Julianne Bartell, City Clerk Jeff Reinert, Mayor 32 33 CITY COUNCIL AGENDA ITEM 1H STAFF ORIGINATOR: Jeff Karlson MEETING DATE: July 11, 2016 TOPIC: North Metro Telecommunications Commission’s 2017 Budget VOTE REQUIRED: 3/5 INTRODUCTION The City Council is being asked to review and approve NMTC’s proposed 2017 budget. BACKGROUND Attached is a letter to the NMTC from Executive Director Heidi Arnson, which provides the budget details for 2017. The proposed budget represents a $31,180 increase over the 2016 operating budget, due primarily to salary and benefit adjustments. RECOMMENDATION Approve the 2017 budget as recommended by the North Metro Telecommunications Commission. ATTACHMENTS NMTC 2017 Budget Documents CITY COUNCIL AGENDA ITEM 3A STAFF ORIGINATOR: Karissa Henning, Human Resources Manager MEETING DATE: July 11, 2016 TOPIC: Appointment of Recycling Intern VOTE REQUIRED: 3/5 INTRODUCTION The Council is being asked to approve the appointment of Nan Jia for the Recycling Intern position in the Community Development Department. BACKGROUND A conditional job offer was made to Nan Jia for a Recycling Intern position. This is a temporary six-month position budgeted for 32 hours a week at an hourly rate of $12.00. The position is funded through the Anoka County SCORE Grant Program. RECOMMENDATION Approve the appointment of Nan Jia, effective July 13, 2016. CITY COUNCIL AGENDA ITEM 3B STAFF ORIGINATOR: Jeff Karlson MEETING DATE: July 11, 2016 TOPIC: Labor Agreement with Local No. 49 VOTE REQUIRED: 3/5 INTRODUCTION We have reached a tentative two-year agreement with Local No. 49 for 2016 and 2017. After several negotiation meetings, the two sides have agreed to the following terms: 1. WAGES: 2.5 percent wage increase retroactive to January 1, 2016, and 2.5 percent wage increase, effective January 1, 2017. The boiler maintenance stipend increases from $35 to $40 per week. 2. HEALTH INSURANCE: Article 16.1 revised to read: a) Effective January 1, 2016, Employer will contribute $444.61 toward the monthly premium for single coverage and $1,010.89 toward the monthly premium for family coverage. b) Effective January 1, 2017, Employer will contribute 100% of the base single plan and $1,010.89 plus 50% of the 2017 premium increase toward the family plan. c) The Employer’s contributions toward the Health Savings Accounts and the cash option for waiving coverage are the same. RECOMMENDATION Authorize execution of 2016-2017 labor agreement between the City of Lino Lakes and Local No. 49. CITY COUNCIL AGENDA ITEM 3C STAFF ORIGINATOR: Jeff Karlson MEETING DATE: July 11, 2016 TOPIC: Financial Support for Yellow Ribbon Network VOTE REQUIRED: 3/5 INTRODUCTION The City Council is being asked to consider a financial contribution of $500 to Beyond the Yellow Ribbon Community in Lino Lakes to assist the local organization in obtaining its 501(c)(3) designation. BACKGROUND Beyond the Yellow Ribbon is a comprehensive program that connects military service members, veterans, and their families with community support, training, services, and resources. Community leaders in Lino Lakes have taken steps toward becoming a Yellow Ribbon City. The City of Lino Lakes hosted a kick-off event in October 2015 by inviting people to learn about the program in order to generate more community support. On November 9, 2015, the City Council approved a resolution in support of the efforts by local leaders to create a Yellow Ribbon Community in Lino Lakes. One of the next steps is for Yellow Ribbon to obtain its 501(c)(3) designation. A proposal was made for the City Council to approve a $500 contribution to assist the organization in this effort. RECOMMENDATION Approve $500 expenditure from the Contingency Fund for Beyond the Yellow Ribbon Community in Lino Lakes. ATTACHMENTS Resolution No. 15-129 CITY COUNCIL AGENDA ITEM 3D STAFF ORIGINATOR: Jeff Karlson MEETING DATE: July 11, 2016 TOPIC: Office Specialist Position VOTE REQUIRED: 3/5 INTRODUCTION The City Council is being asked to approve the reinstatement of Mary Fogarty to full-time hours for a period of twelve weeks. BACKGROUND The Administrative Assistant in Community Development, Nicole DeDeyn, will be on a 12- week maternity leave at the end of this month, which leaves a huge vacancy amongst our support staff over the summer and fall. This is particularly an inopportune time with elections coming up. I am proposing that Office Specialist Mary Fogarty be reinstated to full-time hours beginning August 1st. Due to budget cuts in the 2016 budget, Mary’s position was reduced to a half-time position at the beginning of the year. Ms. DeDeyn has only a few days of banked leave, so there will be a cost savings during the duration of her leave since we’re only replacing 20 hours of staff time. RECOMMENDATION Approve the reinstatement of Mary Fogarty to full-time hours for a 12-week period, beginning August 1, 2016. CITY COUNCIL AGENDA ITEM 5A STAFF ORIGINATOR: Rick DeGardner, Public Services Director COUNCIL MEETING DATE: July 11, 2016 TOPIC: Consider Resolution No. 16-72, Authorizing the Replacement of Two Air Conditioning Systems at the Civic Complex VOTE REQUIRED: Simple Majority BACKGROUND City Staff is requesting City Council approval to replace two air conditioning systems at the Civic Complex. Both condensing units have experienced significant failures, and have faulty first stage compressors, limiting the air conditioning capacity to only 50%. Estimated repair costs exceed $45,000. Both units are approaching the average life expectancy of twenty years as tracked by industry standards of the American Society of Heating and Air Conditioning Engineers (ASHRAE). The Montreal Protocol on Substances that Deplete the Ozone Layer calls for the phasing out of R22 refrigerant (which our current system utilizes). No new or imported R-22 will be allowed in the United States on or after January 1, 2020. For the above reasons, we are proposing to have one 20 ton and one 40 ton high efficient R410A condensing units and evaporator coil systems installed. R410A is the new, non-ozone depleting product that replaces the R22 refrigerant system. High efficiency utility rebates ($2,800 - $3,500) are currently available. Staff is recommending the following process: 1. Purchase the condensing units and evaporator coil systems directly from the manufacturer (rather than from the contractor who will conduct the actual installation). Projected cost is $50,000 - $55,000. The City will realize a savings in excess of $10,000 in mark-up and sales tax savings. 2. Contract with NAC Mechanical and Electrical Services to prepare the plans and specifications for this project for an amount not to exceed $3,200. 3. Solicit, receive, and open bids. 4. The City Council considers awarding the contract to the lowest responsible bidder at the August 8, 2016 City Council meeting. Funding for this project is from the Building Facilities Fund. RECOMMENDATION Approve Resolution No. 16-72, Authorizing the Replacement of Two Air Conditioning Systems at the Civic Complex ATTACHMENTS Resolution No. 16-72 CITY OF LINO LAKES RESOLUTION NO. 16-72 RESOLUTION AUTHORIZING THE REPLACEMENT OF TWO AIR CONDITIONING SYSTEMS AT THE CIVIC COMPLEX WHEREAS, staff is requesting City Council approval to replace two air conditioning systems at the Civic Complex; and WHEREAS, both condensing units have experienced significant failures, and are approaching the average life expectancy of twenty years as tracked by industry standards of the American Society of Heating and Air Conditioning Engineers (ASHRAE); and WHEREAS, staff is proposing to have one 20 ton and one 40 ton high efficient R410A condensing units and evaporator coil systems installed; and WHEREAS, this project is proposed to be financed from the Building Facilities Fund. NOW, THEREFORE, BE IT RESOLVED city staff is authorized to proceed with the following:  Purchase the condensing units and evaporator coil systems directly from the manufacturer.  Contract with NAC Mechanical and Electrical Services to prepare the plans and specifications for this project for an amount not to exceed $3,200.  Solicit, receive, and open bids.  Present the installation bids for City Council consideration at the August 8, 2016 City Council meeting. Adopted by the Lino Lakes City Council this 11th day of July, 2016. The motion for the adoption of the foregoing resolution was introduced by Council Member _______________and was duly seconded by Council Member ________________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: _______________________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk 1 CITY COUNCIL AGENDA ITEM 6A STAFF ORIGINATOR: Kendra Lindahl, Landform MEETING DATE: July 11, 2016 TOPIC: Woods Edge PUD 1. Consider First Reading of Ordinance No. 06-16 Ordinance Text Amendment of Ordinance No. 04-04 2. Consider Resolution No. 16-67 approving PUD Development Stage Plan and Preliminary Plat VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City C ouncil consideration to approve the Development Stage Plan and Preliminary Plat for Woods Edge and amend the PUD design guidelines for the development. BACKGROUND D.R. Horton, Inc. - Minnesota has submitted a land use application for PUD Development Stage/Preliminary Plat review and a text amendment for the “Lino Lakes Town Center Design & Development Guide”. The proposed development is a 112 unit attached townhome project on 11.2 acres in the Town Center (Outlots B and C of the Village No. 3). The proposed project is called “Woods Edge”. The Land Use Applications are for: 1. PUD Development Stage Plan/Preliminary Plat 2. An ordinance amendment to modify the Town Center Design & Development Guide PUD (Ordinance No. 04-04) The property is guided Mixed Use and is part of the Town Center, which is planned for a mix of residential, retail, and office uses. The site is zoned PUD (Planned Unit Development) and the zoning standards are established by the Town Center Design & Development Guide PUD, which was approved on March 22, 2004. The guide includes a land use plan and this site is the bulk of the planned residential area. 2 The Planning & Zoning staff report dated June 8, 2016 details the project (attached). Following the June 8th meeting, the applicant submitted additional information to address a number of the concerns raised by staff and the Planning & Zoning Board. Specifically: 1. The applicant revised the color palette to provide more variety in the color palette. Staff supports the modified plans. 2. The applicant revised the building elevation to provide a 6’ x 8’ foot front porch. Originally, they had proposed a 4’ x 8’ porch where the PUD required 6’ x 10’ porches. Staff supports the change. 3. The applicant provided revised building elevations with a side entry on the porch which allowed them to increase the depth of the porch from 4’ to 6’. 4. The applicant provided additional information about the requested vinyl siding. The information and material samples indicate that the vinyl siding is a higher quality than may have been available in 2004. The vinyl siding offers less maintenance for the homeowners association than other materials. Ordinance Amendment The applicant is requesting several amendments to the requirements in the Lino Lakes Town Center Design & Development Guide standards. The Town Center PUD was approved by Ordinance 04-04 and any change to the design standards will require an amendment to the PUD. In summary, the applicant is requesting the following amendments: 1. To allow only one building type in the development. 2. To allow 6’ x 8’ porches where 6’ x 10’ porches are required. 3. To allow street-facing facades with less than 25% window area. 4. To eliminate the requirement that windows and doors must be recessed at least two inches from walls or exterior trim to create a shadow line for visual interest. 5. To allow vinyl siding. 6. To eliminate the maximum 15 foot secondary street frontages requirement. 7. To allow a single user sign with the development name in the common area. Council Ordinance 06-16 details the findings of fact regarding the Ordinance Text Amendment. Preliminary Plat All homes will be platted on individual lots surrounded by common areas. The proposed Outlots 3 A and B include the private drives common open space. These parcels will be owned and maintained by the HOA. Outlot C will include stormwater ponds, infiltration areas and wetland buffers. The applicant is proposing that this outlot be deeded to the City but, prior to final plat submittal, the City and the applicant should work together to determine whether the City has an interest in owning the property rather simply obtaining an easement. The applicant has indicated that the project will likely be built in 2 phases. A phasing plan will be submitted for City review and approval prior to the final plat/PUD final plan approval. The time of final plat/PUD final plan approval, the developer will be required to address all conditions of preliminary approval and shall enter into a Development Contract and other documents as the City deems necessary. Park dedication shall be cash in lieu of land at $2,500 per unit ($280,000 total for 112 units). Additionally, the City is working with Anoka County Parks to development a playground south of Outlot C. Council Resolution No. 16-67 details the findings of fact regarding the PUD Development Stage Plan/Preliminary Plat. RECOMMENDATION The Planning & Zoning Board held a public hearing on June 8, 2016 and voted unanimously to recommend approval of the request. The Board did request that the applicant provide samples of the proposed vinyl siding to ensure that high quality vinyl would be used. The Board and staff recommend approval of the PUD Development Stage Plan/Preliminary Plat for Woods Edge and the Ordinance Text Amendment, subject to the conditions listed in Resolution No. 16-67. ATTACHMENTS 1. Planning & Zoning Board staff report dated June 8, 2016 2. Revised Color Options received June 15, 2016 3. Revised Building Elevations received June 27, 2016 4. Ordinance No. 06-16 5. Resolution No. 16-67 1 PLANNING & ZONING BOARD AGENDA ITEM 5.B. STAFF ORIGINATOR: Kendra Lindahl, Landform P & Z MEETING DATE: June 8, 2016 REQUEST: PUBLIC HEARING for PUD Development Stage Plan and Preliminary Plat and Ordinance Text Amendment CASE NUMBER: PD20106-002, PP2016-003 and TA2016-001 APPLICANTS: D.R. Horton, Inc. – Minnesota 20860 Kenbridge Ct. Lakeville, MN 55044 OWNERS: Lino Lakes EDA REVIEW SCHEDULE: Complete Application Date: May 9, 2016 Environmental Board Meeting: May 25, 2016 EDAC Meeting: June 2, 2016 Park Board Meeting: June 6, 2106 P & Z Board Meeting: June 8, 2016 City Council Work Session July 5, 2016 City Council Meeting: July 11, 2016 60-Day Review Date: July 8, 2016 60-Day Extension: September 6, 2016 BACKGROUND The applicant has submitted a land use application for PUD Development Stage/Preliminary Plat review and a text amendment for the “Lino Lakes Town Center Design & Development Guide”. The proposed development is a 112 unit attached townhome project on 11.2 acres in the Town Center (Outlots B and C of the Village No. 3). The proposed project is called “Woods Edge”. The property is guided Mixed Use and is part of the Town Center, which is planned for a mix of residential, retail, and office uses. The site is zoned PUD (Planned Unit Development) and the zoning standards are established by the Town Center Design & Development Guide PUD, which was approved on March 22, 2004. The guide includes a land use plan and this site is the bulk of the planned residential area. 2 ANALYSIS We have reviewed the application for consistency with the Comprehensive Plan, Lino Lakes Town Center Design & Development Guide, Zoning Ordinance, Subdivision Ordinance and City Code requirements, as well as City policies. Existing Conditions The subject parcels are vacant and are part of the Town Center project. The surrounding streets (Town Center Parkway, Village Drive and Woods Edge Boulevard) were previously constructed. On-street parking, sidewalks, street lighting, utilities and landscaping exist adjacent to the property. The site has been rough graded and there are no significant trees on site. There are existing stormwater ponds in the north and southeast corners of Outlot B. There is wetland located to the east of the site. There is a 10-foot wide trail easement in the southwest portion of Outlot B for the existing trail that connects from Village Drive south to the Anoka County property. An existing 28-foot wide easement is in the northwest portion of Outlot B and provides shared access to the Lino Lakes Assisted Living and will provide future access to the townhomes. There is a 20-foot wide drainage and utility easement for watermain running generally north- south through the townhome block. EAW In 2004, an Environmental Assessment Worksheet (EAW) was completed for the 65-acre Legacy project. The project evaluated the potential for significant environmental impacts and identified mitigation strategies for any potential impacts. The proposed project is consistent with the master plan and the EAW. Land Use and Density The property is guided Mixed Use and zoned PUD as part of the Town Center master plan. The density is 10 units per acre (112 units on 11.2 acres). This is consistent with the Town Center standards, which require a minimum of 10 units per acre and a maximum of 24 units per acre. Streets/Access The public streets that will provide access to the site were previously constructed and will provide the primary access to the site. New private streets will be constructed to provide internal access and they will be owned and maintained by the homeowners association (HOA). These private drives are currently shown as 26-feet wide (back-to-back). This is consistent with City standards. 3 There is an existing private drive that serves the senior housing project to the north. A new private street connection to this private drive is proposed. The applicant should work with the adjacent landowner to ensure that the easements are in place to address access and maintenance for both sites. Sanitary Sewer Sanitary sewer was constructed with the public streets in 2006 and provided 63 sewer services. The sewer connections will be adjusted as needed and new connections added to service the 112 homes. City engineering staff has reviewed the plans and indicated that the existing lift station can accommodate 90 proposed units and the remaining 22 units will gravity flow to the west. The applicant will need to comply with the city engineer’s conditions. Water Supply The trunk water mains and connects were constructed in the streets in 2006 and across the site to serve adjacent properties. As part of this project, the developer will add additional connections to serve the 112 units, relocate and add hydrants as needed. The applicant will need to comply with the city engineer’s comments. Stormwater Management There are two existing stormwater ponds on Outlot B (one on the north and one on the south), that were constructed as part of earlier phases of the Town Center project. The proposal has slightly less impervious surface coverage than the original proposal that the ponds were designed to accommodate. However, the stormwater rules have changed since the project was originally approved and the applicant is now proposing to add infiltration areas adjacent to these existing ponds to provide additional required volume and rate control. The applicant must comply with all city engineering requirements. Wetlands There is one existing wetland on the adjacent City parcel (Outlot C, The Village No. 3) to the east. The Rice Creek Watershed District (RCWD) is the Local Governmental Authority (LGU) for the Wetland Conservation Act and they are reviewing the wetland delineation report. The applicant will need to comply all conditions from the RCWD. Landscaping/Tree Preservation There are no significant trees on site. Existing boulevard trees are in place along the Town Center Parkway. The developer states that these existing trees will be maintained in their current location where feasible. No other existing trees are located on the property. The landscape plan shows 154 new trees and 186 shrubs where 90 trees and 186 shrubs are required. They are also showing an additional 1,426 foundation planting shrubs on site. This exceeds the ordinance requirements. The Environmental Board reviewed this item at their May 4 25th meeting and provided a number of comments many of which related to the proposed species. The applicant must work with City staff to address these comments and finalize the landscape plan prior to the final plat/PUD final plan submittal. The plans show air conditioning units in the front yards. Staff has been working with the applicant to move the units to the rear yard, but they have indicated they cannot move it to the rear yard. In order to comply with the Zoning Ordinance standards in Section 1007.043, all mechanical equipment must be screened from view from adjacent streets, public rights of way and adjacent properties. The applicant must revise the plans and should provide revised renderings to show compliance with these screening requirements. The plans show a 6-foot wide landscape area between driveways in the rear yard. The plans show a tree and rock mulch. We recommend that the rock mulch be removed and replaced with turf or landscaping and wood mulch. Architecture The applicant is proposing a mix of 4-8 unit buildings. The buildings all provide access via new private streets and have front porches facing the existing public streets (Town Center Parkway, Village Drive and Woods Edge Boulevard). All of the townhomes will be part of a homeowners association (HOA) that will be responsible for maintenance of the common areas, including the private streets. The HOA will provide snow removal and landscape maintenance for the individual lots and the common areas. The Section 4.3 of the Guide provides minimum building frontage standards and the applicant has met these standards: 1. Where build-to lines govern, entries must face the street. Seventy (70) percent of the block length must have building fronts, parks or plaza within the required setback area. 2. Where build-to lines are shown on the Regulating Plan, buildings shall face the street and shall occupy a minimum percentage of each block’s linear street (at least 50 percent or 70 percent), as noted in the Regulating Plan, within the required setback area. 3. Buildings shall be sited a minimum of 5 feet and a maximum of 15 feet from the public right-of-way. The standards require building articulation on both the roof lines and front/rear elevations. The elevations show a 2 foot shift for every 2 units. The grading plan shows elevation changes of 1 foot in most of the buildings, which will result in a one foot roof line articulation within the buildings. Staff finds that this is generally consistent with the standards. Two-car garages in each unit provides the required parking for each townhome unit. This meets Code requirements. Additionally, the plans show 47 on street parking stalls on the public streets and 10 guest parking stalls internal to the project. The applicant has worked to comply with many of the PUD standards, but is requesting 5 flexibility from several of the standards. Specifically: 1. Section 4.2 of the Guide states that “Within each Residential District, a minimum of two housing models and architectural treatments is required as follows: Facade Treatment. At least two (2) unique architectural treatments for each housing model are required. The architectural treatments must differ in each of three categories: a) facade color, roof color, or siding material; b) window pattern and trim detail; and c) porch, entryway, or balcony detailing. Identical buildings shall not be adjacent to or across the street from each other.” The applicant is proposing only building type. This does not comply with the intent of the Town Center standards. However, we believe that a variety of distinct color palettes could offset the single design. The applicant has provided 5 color palettes that they are proposing for this development. If the developer provided more variety in the color palette, we believe the amendment to allow only one home type could be supported. 2. Section 4.3 of the Guide requires all units to have porches, stoops or other entry features to provide a transition zone between the private homes space and the public street space. “All porches must have a minimum depth of 6 feet clear. A porch must make up a minimum of 30 percent of the width of a building’s primary front façade, or 10 feet clear, whichever is larger”. The applicant is proposing 4 x 8 porches and requesting flexibility from these standards. The porches do cover 36% of the front building façade, but staff has concerns that the proposed porches are not usable with such a shallow depth. Front porches have privacy walls between the front porches on adjacent units. While the guide does not specifically prohibit these privacy walls, it does not seem to be consistent with intent of the Town Center guidelines which anticipate these front porches as a transition zoned and provides “eyes on the street”. Staff recommends that the 8 foot width be allowed, but the depth increased to 6 feet. The Commission should provide direction. 3. Section 4.4 provides architectural standards and requires: Recesses. Windows and doors must be recessed at least two inches from walls or exterior trim to create a shadow line for visual interest. The applicant is requesting flexibility from these requirements. 4. Section 4.4 also requires that the “front façade of all residential buildings must be articulated with porches, bay windows, or balconies that face the adjacent street, park, or open space. No wall shall have a blank, uninterrupted appearance exceeding 20 feet in width without a window, recessed panel, lattice, trellis, change in texture or plan, or equivalent treatment. To insure visual interest and appropriate scale, windows, doors and eaves must have reveals and recesses.” The applicant has not specifically requested flexibility from this standard, but staff believes that the proposed side street frontages do not meet the intent of this standard. Staff recommends that a different material be provided on the street side, such as shake or board and batten in lieu of the proposed lap siding “B” on those elevations. The applicant 6 has indicated a willingness make this change. Final elevations must be provided for city review and approval with the final plans. 5. Section 4.4 also requires: “Materials. New buildings shall support regional traditions and maintain a level of craft in the process of construction. Exterior finishes shall be primarily of wood, brick, stone or stucco. Vinyl, aluminum and metal siding are prohibited Application. To avoid an "applied" look, material changes must not occur at external corners, but may occur at “reverse” or interior corners or as a “return” at least 6 feet from external corners. Scored plywood (such as “T 1-11”) must not be permitted. Side Elevations at Corner Lots. The street-side elevation of any residence located at a street corner or siding onto open space or publicly-accessible commons must have the same materials, finishes and level of detail as the front elevation, with multiple windows. Additional Architecture Features. The following features are encouraged: • Rooftop patios and gardens on flat roofed attached unit buildings. • Corner balconies on street facing facades and multi-level buildings to encourage container gardens and planters.” The applicant is proposing vinyl siding for the lap siding, board and batten and shakes. The applicant argues that the quality of vinyl siding has improved dramatically since the plan was originally drafted in 2004, vinyl allows them to keep the homes more affordable and vinyl is easier for HOA maintenance. They ask that the City consider amending the standards to allow vinyl. The Commission should make a recommendation on the materials. 6. Setbacks. The standards establish a front yard setback minimum of 10 feet and maximum of 15 feet for primary and secondary street frontages. The primary frontage of the buildings comply with these standards, but secondary frontage on Lots 3 and 27, Block 3 exceeds these setbacks. There are existing utility easement adjacent to Lot 27 that make compliance difficult. While Lot 3 could be shifted north, it would increase the space between buildings on the block. Staff finds that with improved architecture on the secondary front, the impact of the increased setback could be mitigated. The 5 foot side yard setback on each side of the building and 15-foot rear yard setback is met. 7. Section 5 allows only project identity signs adjacent to Lake Drive. Single user signs are prohibited. The applicant is proposing an entry feature at the corner of Town Center Parkway and Village Drive. This common space is heavily landscaped with sidewalks. The applicant indicates that they would benches or other amenities and would like to define the street edge with a decorative wrought iron and stone/brick fence similar to others in the development. They would like to add the development name to this feature. Preliminary Plat All homes will be platted on individual lots surrounded by common areas. The proposed Outlots 7 A and B include the private drives common open space. These parcels will be owned and maintained by the HOA. Outlot C will include stormwater ponds, infiltration areas and wetland buffers. The applicant is proposing that this outlot be deeded to the City but, prior to final plat submittal, the City and the applicant should work together to determine whether the City has an interest in owning the property rather simply obtaining an easement. The applicant has indicated that the project will likely be built in 2 phases. A phasing plan will be submitted for City review and approval prior to the final plat approval. Park Dedication Park dedication shall be cash in lieu of land at $2,500 per unit ($280,000 total for 112 units). Additionally, the City is working with Anoka County Parks to development a playground south of Outlot C. Ordinance Amendment As noted in the staff report, there are several areas where the applicant is proposing to amend the Lino Lakes Town Center Design & Development Guide standards. The Town Center PUD was approved by Ordinance 04-04 and any change to the design standards will require an amendment to the PUD. In summary, the applicant is requesting the following amendments: 1. To allow only one building type in the development. 2. To allow 4’ x 8’ porches where 6’ x 10’ porches are required. 3. To allow street-facing facades with less than 25% window area. 4. To eliminate the requirement that windows and doors must be recessed at least two inches from walls or exterior trim to create a shadow line for visual interest. 5. To allow vinyl siding. 6. To eliminate the maximum 15 foot secondary street frontages requirement. 7. To allow a single user sign with the development name in the common area. Findings of Fact The following are Findings of Fact as related to the land use decisions for the PUD Development Stage Plan/Preliminary Plat and text amendment. Per Section 1007.024(1) Purpose and Intent, the PUD, by allowing deviation from the strict provisions of this Ordinance related to setbacks, heights, lot area, width and depths, yards, etc., 8 by conditional use permit or a mixture of uses by rezoning to a PUD District, is intended to encourage: 1. A development pattern in harmony with the objectives of the Comprehensive Plan. The residential development is consistent with the goals and policies of the comprehensive plan which anticipated development of this residential block as part of the mixed use Lino Lakes Town Center. Woods Edge is consistent with land and density requirements and provides market driven housing products that support life-cycle housing. 2. Innovations in development that address growing demands for all styles of economic expansion, greater variety in type, design, architectural standards, and siting of structures through the conservation and more efficient use of land in such developments. The project site was planned as the residential neighborhood block with the mixed use Town Center. The development will add urban townhomes in this planned development. This master planned community offers housing options not available nowhere else in the community. 3. The preservation and enhancement of desirable site characteristics such as existing vegetation, natural topography and geologic features and the prevention of soil erosion. The site has limited natural desirable site characteristics. The site has been mass graded and has no significant tree stands. The storm water management system that was previously constructed will be upgraded and will incorporate additional improvements to meet current standards. 4. A creative use of land and related physical development which allows a phased and orderly transition of varying land uses in close proximity to each other. The master planned Town Center anticipated a mix of residential, commercial, office and public uses. This project will allow development of the residential block. 5. An efficient use of land resulting in smaller networks of utilities and streets thereby lowering development costs and public investments. The residential development will use existing streets and trunk utilities, which will reduce the development costs and required public investments. 6. Promotion of a desirable and creative environment that might be prevented through the strict application of City zoning and subdivision regulations. The purpose of the Town Center PUD was to create a mixed use development that could not otherwise have been constructed under the standard zoning and subdivision regulations. 9 The text amendment to modify the Lino Lakes Town Center Design and Development Guide must comply with the standards in Section 1007.015 of the Zoning Ordinance: 1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. The text amendment would allow some modification of the 2004 standards while maintaining consistency with the spirit of the standards. 2. The proposed use compatible with present and future land uses of the area and the Town Center Master Site Plan. 3. The proposed use is consistent with purpose and intent of the performance standards established by the district. 4. The proposed use can be accommodated with existing public services and will not overburden the City’s service capacity. The public streets and utilities were previously constructed and no new public streets are required. 5. Traffic generation by the proposed use is within capabilities of streets serving the property. RECOMMENDATION Staff recommends approval of the Woods Edge PUD Development Stage Plan/Preliminary Plat and Text Amendment subject to the following conditions: 1. The applicant shall address all comments in the WSB Plan Review Letter dated June 2, 2016. 2. The applicant shall address all comments in the May 25, 2016 Environment Board Staff Report addressed. 3. Rice Creek Watershed District (RCWD) must approve the wetland delineation and the applicant must comply with all conditions. 4. The plans shall provide a minimum private street width of 26 feet back to back. 5. Trail corridors shall be a minimum of 20 feet wide. The trail easement in Outlot C should be revised. 6. Driveways shall be a minimum of 22 feet long. 7. Air conditioning units and other mechanical equipment must be screened from adjacent streets. The applicant shall provide additional information to show compliance. 8. Setbacks a. Primary front yard setbacks shall be a minimum of 10 feet and a maximum of 15 feet. b. Secondary side yard setbacks shall be a minimum of 30 feet. c. Internal side yard setbacks shall be a minimum of 5 feet. d. Rear yard setbacks shall be a minimum of 15 feet 9. Architecture. The plans should be revised to address the following: 10 a. Provide a minimum porch depth of 6 feet. The change to allow an 8-foot width is acceptable. b. Eliminate the privacy screen on the front porch c. Ensure that building elevations on secondary fronts are upgraded to include two different styles of siding (lap, shake or board and batten). The upgraded secondary front should be provided on the following lots: i. Lots 8 and 27, Block 3 ii. Lots 7 and 8, Block 1 iii. Lots 16 and 17, Block 1. In this location, the developer could provide a more robust landscape plan between the units and the upgraded secondary side elevation could be waived. The final design shall be submitted with final plat. d. The applicant is proposing only one building type. A more diverse color palette should be provided to offset the monotony. e. Detailed house architectural plans, color renderings and material palette shall be submitted for city review and approval. 10. Homeowner Association documents shall be required with PUD Final Plan/Final Plat. 11. The access easement between Outlot C and the property to the north should be reviewed to ensure that maintenance is addressed. A copy of the agreement should be provided. 12. Park dedication shall be cash in lieu of land for 112 units. 13. The landscape plan shall be revised to replace the rock mulch between driveways with turf or a mix of landscaping and wood mulch. 14. Support the PUD amendments, except as otherwise noted above for porch depth. ATTACHMENTS 1. City Engineer Memo dated June 2, 2016 2. MnDOT letter dated May 26, 2016 3. Zoning Map 4. Future Land Use Map 5. Applicant Narrative dated May 9, 2016 6. Proposed Townhome Rendering received May 20, 2016 7. Proposed Townhome House Plans received May 13, 2016 (Sheets 1.0-5.0) 8. PUD and Plat Drawings received May 13, 2016 (sheets 1-9) 9. Revised PUD and Plat drawing received on June 2, 2016 10. Revised Elevations (sheet 1.0) received on June 2, 2016 11. Color sheets received on June 2, 2016 Building a legacy – your legacy. 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 1 Memorandum To: Katie Larsen, City Planner From: Diane Hankee PE, City Engineer Date: June 2, 2016 Re: Woods Edge Plan Review WSB Project No. 2988-190 We have reviewed the Preliminary Plat documents submitted on May 10, 2016 for Woods Edge, Lino Lakes, MN prepared by Westwood. The following are our review comments that should be responded to in writing by the applicant. The plans and specification shall reference the City’s 2016 General Specifications and Standard Detail Plates for Street and Utility Construction, the 2013 CEAM, and the 2016 MnDOT Standard Specifications. GRADING, EROSION AND SEDIMENT CONTROL 1. The applicant is to submit a Stormwater Pollution Prevention Plan. Erosion control notes need to be added pertaining to the following: • Detailed precautions to be taken around infiltration basin during construction to prevent machinery from damaging the basin. • Catch basin inlet protection • Erosion control inspection schedule and contact person • Area restoration • Stormwater basin construction sequencing • Immediate re-vegetation of exposed slopes after grading is complete • Final maintenance procedure to clean storm sewer once the project is complete • Schedule to remove silt fence • Erosion control plan for stock-piled materials 2. Describe the house type used (SOG) in your typical lot detail. Include minimum basement floor elevation. Ms. Katie Larsen June 2, 2016 Page 2 \\mspfsv02.lps.local\Studios\Active Projects\CLL16006 - Woods Edge in Lino Lakes MN\From Others (Original Data)\20160606 Engineering Review Lino Lakes Woods Edge.docx 3. Show top and bottom elevations of the retaining wall in Block 5. Retaining walls greater than 4.0 feet in height have to be designed and certified by a licensed professional engineer. 4. The following lots do not meet the 1.0 foot freeboard requirement from the adjacent 900.0 EOF; Lots 28-30 Block 3 5. The front of the following lots do not meet the requirement of being at least 1 foot greater than the adjacent roadway; Lots 1-3 Block 1; Lot 23 Block 2; Lots 1 and 3 Block 4. 6. Provide detail for what appears to be a rain garden in the northeast corner of Village Drive and Town Center Parkway. 7. The utilities conflict with the property lines of the units or are within 10 feet at; Lots 7, 15, 26 Block 2; Lots 20, 21, 27 Block 3; Lot 27 Block 4 8. The applicant shall label the public right-of-way and easements. STORMWATER MANAGEMENT 1. The stormwater management design and calculations need to be submitted for review. We do not anticipate any significant changes to the proposed layouts with relation to the storm sewer system. 2. Show emergency overflow elevations and locations for the existing ponds. 3. Show HWL on the plans for proposed infiltration areas. 4. Demonstrate how stormwater drainage to the infiltration areas is being pretreated. Only pretreated water shall be discharged into infiltration basins. FLOODPLAIN 1. No comments. WETLANDS Rice Creek Watershed District is the LGU to review and approve the wetland delineation. Thus we have not reviewed for the Wetland Conservation Act (WCA). 1. Provided the LGU approves the wetland delineation, there are no proposed wetland impacts. Therefore, no wetland mitigation approval is needed. ENVIRONMENTAL 1. An EAW was completed for the project area back in 2003 and is being addressed by the City’s planning consultant. Ms. Katie Larsen June 2, 2016 Page 3 \\mspfsv02.lps.local\Studios\Active Projects\CLL16006 - Woods Edge in Lino Lakes MN\From Others (Original Data)\20160606 Engineering Review Lino Lakes Woods Edge.docx TRANSPORTATION 1. The private roadways are shown as 24 feet face to face and should be the City standard 26 feet back to back. 2. The turnarounds on Street 4 should be extended. 3. We recommend that the trail easement at Outlot C be reviewed and adjusted as needed. WATER SYSTEM 4. The watermain in Street 4 should be 8 inches. 5. Gate valves shall be at intersections (one less than legs) and are required on all hydrant leads. 6. Identify proposed water service locations and curb stop elevations at the right of way. 7. Add hydrants at approximately 8+50 and 3+00 (midblock) to provide fire protection. 8. Add note that watermain including valves, fittings, hydrants, and appurtenances is to be wrapped in polyethylene film. 9. Add note that fittings shall be ductile iron Class 350 compact fusion-bonded epoxy coated. 10. Show horizontal separation on plans between sanitary sewer and watermain as 10’ min. SANITARY SEWER SYSTEM 1. Sanitary services require a tracer wire and access to wire ends for future locating requirements. 2. The average and peak sanitary flows were calculated using the MCES Hourly Peaking Factor for the proposed 90 residential units. Using these conservative future sanitary flows, an analysis was conducted to determine if the current Legacy Woods Edge lift station design has sufficient capacity. Following the analysis, the sanitary lift station design was determined adequate to incorporate the proposed sanitary flows. STORM SEWER SYSTEM 1. The storm sewer between CB 71 and CBMH 70 shall have 10 feet of horizontal clearance form existing water main alignment. 2. The applicant should shift the rear catch basin in the green space of Block 2 such that the pipe running to the street is equally spaced between Lots 7 and 8. Ms. Katie Larsen June 2, 2016 Page 4 \\mspfsv02.lps.local\Studios\Active Projects\CLL16006 - Woods Edge in Lino Lakes MN\From Others (Original Data)\20160606 Engineering Review Lino Lakes Woods Edge.docx DEVELOPMENT AGREEMENT 1. Required with final plat. PERMITS 1. NPDES Construction General Permit 2. Rice Creek Watershed Permit a. Wetland delineation per the WCA b. Wetland buffers c. Stormwater and erosion control. 3. MDH for Water System 4. MPCA Sanitary Sewer Extension 5. DNR Water Appropriation if temporary dewatering is needed. If you or the applicant has any questions regarding these comments, please contact Diane Hankee at (651) 982-2430 or diane.hankee@ci.lino-lakes.mn.us. AUD SUBNO 100 HIGHLAND MEADOWSWEST 2ND ROHAVICOAKS COLONIALWOODSTRAPPERSCROSSING11TH RESHANAULAKE ESTSOUTH WOODRIDGEESTATES RO Y AL P IN ES PHEASANT HILLS PRESERVE5TH GEMINIEST HI G HLA N D ME A D O W S W E ST RESHANAULAKE ESTSOUTH 4 WESTSHADOWPONDS PEREGRINEPASSBIRC H WO OD AC R ESLAKE VIEWPLACE RONDEAU LAKE ADD WOODS OFBALDWIN LAKE 4TH B IR CH WO OD ACRES 2ND A DD 8TH 2ND LAMOTTE S 2N D AD D 7TH 9TH RESHANAU LAKEEST SOUTH 3 BIRCHWOODACRES3RD ADD ROHAVIC OAKS2ND ADD 3RD LAMOTTES3RD ADDRESHANAULAKE ESTSOUTH 2 RESHANAULAKE ESTSOUTH 5 6TH PHEAST WOODS OFBALDWIN LAKE 2NDHIGHLAND MEADOWSEAST CENTURY FARM NORTH PARK GROVES PIR IT HI LLSCLEARWATERCREEK MAR DON ACRES QUA IL RI DGE SHERWOOD GREEN RESHANAUSHORES FOXTRACEARTHUR ETHOM ACRESSH E N AN DO AH PINE RID GE ADD AUD SUBNO 107 B LU EB ILL PO NDS LINO AIR PARK NORTH LAKES ADDNO 03 SUNRISE MEADOWS ARTHUR E THOMACRES NO 2 LAKES ADDNO 04 5TH ADD SURFSIDE ADDULMERS RICELAKE ADDW EN ZE LFARMS SWENSONADDLAKES ADD NO 02OAKSOF LINO AUD SUBNO 046 (REV)GOLDENS RICELAKE TERRACE4TH ADD TRAPPERSCROSSING2ND ADD 2ND ADD LAN G S PIN EVAL LE Y ES T BLACK DUCKESTATES2ND AD W EN ZEL FAR MS 2ND AD D WEN ZEL FA RMS 5T H AD D SHENANDOAH2ND ADD COUNTRYLAKES EST CLE ARW A T ER CR EE K 3 R D A D DOAK KNOLL ADDPI N ER ID GE 3RD A DD LAKES ADDNO 05 BLACK DUCKESTATESPARKVIEWESTATES D ERICKSON2ND ADD LEROUX ADD BRANDYWOODESTATES MILLERSSOUTH GLEN AUD SUBNO 134 HIGHLAND MEADOWS WEST 3RD PI N ERID GE 2ND ADD APOLLO BUSINESSPARK NO 2 ULMERS RICELAKE 2ND ADD LAKES ADDNO 01 BEHMSCENTURY FARM CLE AR WATER CR EE K 2ND ADD M IL LER S CROS SRO AD S CLEARWATERCREEK 4TH ADDSHENANDOAH 3RD ADDTWILIGHTACRES2ND ADD MILLERS SOUTHGLEN 2NDSUNNYGATE AUD SUBNO 138 SCHEUNEMANNCORNER RESHANAU PARKEST 2ND ADD TRAPPERSCROSSING 3RD ADD SUNNYGATE3RD ADD THE VILLAGENO 1 SUNNYGATE4TH ADD WENZEL FARMS4TH ADD WENZEL FARMS 3RD ADDAUD SUBNO 047 (REV) BUECHLER EST EAST BIRCHADD REG LAND SURVEYNO 062 COUNTRYLAKESEST PLAT 2 BURQUEADD NO 1 RESHANAU PARKESTATESBR A N D YW OO D ES T AT ES 3RD A D WEBERADDSUNNYGATE 2ND ADDCLEARWATERCREEK 5TH ADD BLOMQUIST ADD REG LAND SURVEYNO 211ROBIN ACRESTOWNHOUSESOF RESHANAU WESTOAKSOTTER BAY PI NE OAKS AD D ARENA ACRES LAKE VIEW WOODLANDS LINO LAKESMARKET PLACE VAN ELSBERG ESTATES CAROLESESTATES OTTER LAKEESTATESPINE VISTA PINE VISTA 2ND ADD PYLES 1ST ADD REHBEINS PELTIER VIEW OTTER LAKEHILLS NORDIN MANOR LINO INDPARK OA K BR OOK PE N INS U L A REG LANDSURVEYNO 112RICE LAKEESTATESCAROLES ESTATES 2ND ADD PINE HAVENCLEARWATERCREEK BUS CTRSCHOOLSUBDIVISION SUNSET ESTATES LEXINGTON PARK LAKE VIEW BLOOMSADD SHORES OF MARSHAN LAKE REG LAND SURVEYNO 182 TWILIGHT ACRES APOLLOBUSINESS PARK AUD SUB NO 056 SUNSET OAKS AUD SUBNO 055 (REV) AUD SUBNO 049 (REV) AUD SUBNO 151 STONEYBROOKWOLLAN ESTATESA POL LO M EA D OW S MENKVELDSFORESTGLENREG LAND SURVEYNO 220 PINE GLEN TurnberryCrossing Willow Pondsof Lino Lakes MarshanMeadows MarshanEstates BEHMSFARMPARK ADD FOXBOROUGH PRESERVE AT LINO LAKESR R R R R R R R R-BR LI R-BR PSP R R R R-X R LI PSP PSP R-1 R-X R-1 R-1 R-1 R-X GI R-1 R-1X R-1 LI LI R-1X R-1X LI GB R PUDOrd. 08-06Res. 06-137 GB R-1 R-1X R-1 GI PSP PSP R-4 R-1 LI R-6 GB R-1 GB GB R-1XR-1XOrd. 13-01Res. 01-113 R-1X PSP PSP PSP R-1X Ord. 07-02 R-1X R-3 LI PUDOrd. 12-03Res. 03-60 R-1 R-XOrd. 05-03 R-1XOrd. 13-05 PUDOrd. 04-04Res. 04-33 GBOrd. 04-05 R-1X R-1Ord. 08-99Res. 02-144 LI LI R-1XOrd. 02-08 GB R-1X R-3 R-1Ord 01-97 R-1Ord 01-97 R-1X GB R-3 GB LI NB LB GB R-4 NBGBOrd. 01-05 R-3Ord. 20-03Res. 03-142 NB R-1 R-4 PUDOrd. 12-04Res. 04-58 R-1X R-1XOrd. 18-04Res. 04-94 GB R-3 PUDOrd. 17-03Res. 03-134 GBOrd. 08-02Res. 02-88 R-3Ord. 10-04 GB R-3Ord. 02-04 NBOrd. 10-06 R-1 Ord. 06-05 R-1XOrd. 19-04Res. 04-95 R-1Ord. 16-03 Res. 03-120 NB PSP GB GB R-X R R-1 PUDOrd. 26-04 R-2 R-1R-1 R-X R-1 Ord. 05-07 R-2 PSP R-1 R-1 R-1 GB R-1X Ord. 01-14Res. 14-15 Ord. 02-14Res. 14-21 Ord. 05-14Res. 14-34 Ord. 06-14Res. 03-60Ord. 06-14Res. 03-60 1317326410 4 6 4318113153A6151436 5 17 27 4 46 2216 15 418164 11111123344 5648 1045506 65 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id g e C o u rtSunfishCourtQuarterHorseCourtBroken Oak CourtClydesdaleCircleWolfCircleGreySquirrelRoadSandpiperDrive CrippleCreekCourtSedgeCourt Ru ffedG ro u s e C o u r tTo m a ha w k Court Ti mb erwolf Circle Shadow LakeCourtEWhitetailRidgeMineralPoint County RdJ DeerwoodCircleHighlandCircle KilldeerCourt Hartford Circle LangerCircleClearwater Creek Circl Arrow head C ourt IronwoodCircle 20thAveNAsh St W 80th St E SunsetAveMain St 20thAveSGoiffonRdSunsetAveMain St LakeDrNECentervilleRdLilac St Main St Lilac St Birch St North Rd 20thAveSAsh St Ash StHo d gsonRdBirch St Hodgson RdApollo Dr LakeDrNELakeDrCentervilleRd20thAveNApollo Dr LakeDrCounty Rd JSunsetAveBirchSt OtterLakeDriveO tterLakeD riveMain St Ash St Main St Birch StSnow Goose TrailMarshan Ct Sav. Ct Pheasant Run SRICE CREEK CHAIN OF LAKES REGIONAL PARK RESERVE Cit y o f Ce n t e r v i l l e R-1 Ord. 07-14Res. 14-67 R-4 Ord. 11-14Res. 14-132/133 RiceCr e e k Har d wood Creek R i c e C r e e k LI R-4 R-3 R-3 R-3 R-1 R-1 R-1 GBOrd.04-05 R-1Ord. 08-99Res. 02-144 R-XOrd. 05-03 R-1X R-1X R-1X R-1X GrovePark Woodsof BaldwinLake Country LakesPark Shenandoah Park BirchPark PheasantHillsPark Brandywood Park Clearwater CreekPark LaMottePark WenzelFarms SunrisePark Sunset Oaks Park MarshanPark HighlandMeadowsPark Lino Park Behm'sPark Arena Acres City HallPark 6200 6300 6400 6500 6600 7100 6700 6100 8400 8300 6800 8200 8100 7600 6900 7700 7500 7800 7300 7400 7900 7000 7200 8000 6100 6700 6400 6000 7100 8400 6500 6300 6600 8300 6800 8200 6200 8100 7600 6900 7700 7500 7300 7800 7400 7000 7900 7200 8000 10009001800100130001200110023001600600210015002000140080019005001700400300240070022002002300220090080060050024002100200019001800170016001500140013001200110010007004003002001000City of Lino Lakes Zoning District Map Lino Lakes Community Development 600 Town Center Parkway Lino Lakes, Minnesota 55014 Phone (651) 982-2400 City of Shoreview City of North Oaks White Bear Township City of Columbus City of BlaineCity of HugoMarch 2015 Map Document: (S:\KO\L\Linol\Common\gis\Maps\Zoning_Plot.mxd) 7/20/2011 -- 2:56:23 PM Coordinate System: Anoka County NAD83 Feet Lambert Conformal Conic Anoka County Parcel Data: March 2015 Releaseoddevenodd even HOUSE NUMBERING SYSTEM Legend Parcels City of Centerville Streams Lake PDO Planned Development Zoning R Rural R-X Rural Executive R-1 Single Family Residential R-1X Single Family Executive R-2 Two Family Residential R-3 Medium Density Residential R-4 High Density Residential R-6 Manufactured Home Park NB Neighborhood Business LB Limited Business GB General Business LI Light Industrial GI General Industrial R-BR Rural/Business Reserve PSP Public Semi-Public PUD Maps are for illustrative purposes only. Recent changes may not be included. Land Use and Zoning Information should be verified with City Staff. 02,0004,0001,000 DRAWING SCALE IN FEETCity of Circle Pines 3-13 Figure 3-3: 2030 Future Land Use Map Phone (952) 937-5150 7699 Anagram Drive Fax (952) 937-5822 Eden Prairie, MN 55344 Toll Free (888) 937-5150 Phone (952) 937-5150 7699 Anagram Drive Fax (952) 937-5822 Eden Prairie, MN 55344 Toll Free (888) 937-5150 Phone (952) 937-5150 7699 Anagram Drive Fax (952) 937-5822 Eden Prairie, MN 55344 Toll Free (888) 937-5150 Phone (952) 937-5150 7699 Anagram Drive Fax (952) 937-5822 Eden Prairie, MN 55344 Toll Free (888) 937-5150 Phone (952) 937-5150 7699 Anagram Drive Fax (952) 937-5822 Eden Prairie, MN 55344 Toll Free (888) 937-5150 Phone (952) 937-5150 7699 Anagram Drive Fax (952) 937-5822 Eden Prairie, MN 55344 Toll Free (888) 937-5150 Phone (952) 937-5150 7699 Anagram Drive Fax (952) 937-5822 Eden Prairie, MN 55344 Toll Free (888) 937-5150 Phone (952) 937-5150 7699 Anagram Drive Fax (952) 937-5822 Eden Prairie, MN 55344 Toll Free (888) 937-5150 x x x x Phone (952) 937-5150 7699 Anagram Drive Fax (952) 937-5822 Eden Prairie, MN 55344 Toll Free (888) 937-5150 Phone (952) 937-5150 7699 Anagram Drive Fax (952) 937-5822 Eden Prairie, MN 55344 Toll Free (888) 937-5150 PACKAGE 10 PACKAGE 5 PACKAGE 17PACKAGE 12 PACKAGE 11 LINO LAKES EXTERIOR COLOR PACKAGES Phone(952) 937-51507699 Anagram DriveFax(952) 937-5822 Eden Prairie, MN 55344Toll Free(888) 937-5150PACKAGE 10PACKAGE 10PACKAGE 10PACKAGE 10PACKAGE 10PACKAGE 5PACKAGE 5PACKAGE 5PACKAGE 5PACKAGE 5PACKAGE 11PACKAGE 11PACKAGE 11PACKAGE 11PACKAGE 11PACKAGE 12PACKAGE 12PACKAGE 12PACKAGE 12PACKAGE 12PACKAGE 17PACKAGE 17PACKAGE 17PACKAGE 17PACKAGE 17PACKAGE 10PACKAGE 5PACKAGE 11PACKAGE 12PACKAGE 17 1.0XFRONT ELEVATION1/4"=1'-0"AT ALL GABLES, OROSB SHEATHINGWHEREVER SHAKES& BOARD-N-BATTENMATERIAL IS USEDDD1'-6"BE5.75:12 PITCH128128REFSIDING LEGENDALAP SIDING "B"LAP SIDING "A"PRODUCTCBD5" TRIM - VINYL LINEALEBOARD & BATTENN/AFSHAKE SIDINGROOF PLAN1/8"=1'-0"14' RIDGE VENT5.75:125.75:125.75:12AAAA6:128:128:12FIREPLY - 4'-0" FROM CENTERLINE FIREPLY - 4'-0" FROM CENTERLINE FIREPLY - 4'-0" FROM CENTERLINE FIREPLY - 4'-0" FROM CENTERLINE 4'-0"4'-0"4'-0"4'-0"4'-0"4'-0"DDEEEEBBCCFFGG8:1210' RIDGE VENT8:128:126:128:128:125.75:125.75:125.75:128:1210' RIDGE VENT 8:128:12FIREPLY - 4'-0" FROM CENTERLINE FIREPLY - 4'-0" FROM CENTERLINE 10' RIDGE VENT 8:1210' RIDGE VENT 8:12JJHHSTONE LEDGEG6-1/2" BEAD BOARD6:12 PITCHCLBETWEEN UNITS4'-0"4'-0"FIRE-TREATEDPLYWOODFIRE-TREATEDPLYWOODCLBETWEEN UNITS4'-0"4'-0"FIRE-TREATEDPLYWOODFIRE-TREATEDPLYWOODSYSTEM INCLUDEDFIRE SUPPRESSIONENERGY CODES2015 BUILDING AND*SEE UPONOR PLANS*REVISED: 5/17/16BASE PLANSFALSE CORNER FLR LINEFLR LINEEERV VENTSSTONE LEDGELIGHT FIXTURES1/2"=1'-0"BLOCKING AT7-1/4"12"3214UNITDRAWN: 06-02-15 CCC2200 SERIES ROW HOMESREVISED: 6-20-16-AWADDRESS NUMBER41286:12 PITCHESTONE LEDGEB1'-6"1'-6"6"1281281'-6"STONE LEDGEFALSE CORNERSTONE LEDGESIDEWALK STEPSVERIFY RISERSXXXXADDRESS NUMBERXXXX1286:12 PITCHSTONE LEDGEE1'-6"1'-6"AT FRONT ONLY1/2"=1'-0"TYPICAL WDW & DOOR TRIM3 1/2" VINYL TRIM 5" VINYL TRIM5" VINYL TRIM3 1/2" VINYL TRIMADD6:12 PITCHEABAT ALL GABLES, OROSB SHEATHINGWHEREVER SHAKES& BOARD-N-BATTENMATERIAL IS USEDDEAEFFFERV VENTSDA1'-6"1'-6"5.75:12 PITCHCLBETWEEN UNITS4'-0"4'-0"FIRE-TREATEDPLYWOODFIRE-TREATEDPLYWOODUNIT 2 or 3WDW #8130 SQ. FT.226.25 SQ. FT.WDW #1019.25 SQ. FT.345WDW #1114 SQ. FT.WDW #1214 SQ. FT.6WDW #1310 SQ. FT.7DOOR #1422.78 SQ. FT.TOTAL136.28 SQ. FT.517.12 SQ. FT.FENESTRATIONTOTALFRONT-FACING AREA136.28 = 26.35% of 517.12UNIT 1 or 4WDW #130 SQ. FT.(INCLUDES BOX BAY)45.42 SQ. FT.WDW #319.25 SQ. FT.WDW #414 SQ. FT.WDW #514 SQ. FT.WDW #2WDW #610 SQ. FT.DOOR #722.78 SQ. FT.TOTAL155.45 SQ. FT.587.53 SQ. FT.FENESTRATIONTOTALFRONT-FACING AREA155.45 = 26.46% of 587.53891011121314WDW #9PER GRADE6"SIDEWALK STEPSVERIFY RISERSPER GRADEXXXXXXXXSIDEWALK STEPSVERIFY RISERSPER GRADESIDEWALK STEPSVERIFY RISERSPER GRADE2210-A2210-A2215-C2215-B 2.0XDRAWN: 06-02-15 CCC2200 SERIES ROW HOMESREVISED: 6-20-16-AWLEFT SIDE ELEVATION1/4"=1'-0"RIGHT SIDE ELEVATION1/4"=1'-0"REAR ELEVATION1/4"=1'-0"BBBBBAAASTEEL PANEL OVERHEAD DOORSTEEL PANEL OVERHEAD DOORSTEEL PANEL OVERHEAD DOORSTEEL PANEL OVERHEAD DOOR1261261261241241'-0"1'-0"1'-0"1'-0"1'-6"1'-6"ASPHALT SHINGLESFLASH OVER ALL EXT OPGS50% TO 80% NEAR RIDGEVENT 1/300th OF ROOF AREAREMAINDER IN SOFFITPER MRC SECTION R806REFSIDING LEGENDALAP SIDING "B"LAP SIDING "A"PRODUCTCBD5" TRIM - VINYL LINEALEBOARD & BATTENN/AFSHAKE SIDINGG6-1/2" BEAD BOARD36"H. ALUM RAILINGPER SPEC.2x CEDAR ACCENT TRIMSEE SECTION / DETAILPER SPEC.42" MIN BELOW FINISHED GRADEALL EXTERIOR FTGS TO BEMAINTAIN 6" MIN SEPARATION WOOD to EARTHCLBETWEEN UNITS4'-0"4'-0"FIRE-TREATEDPLYWOODFIRE-TREATEDPLYWOODCLBETWEEN UNITSCLBETWEEN UNITS4'-0"4'-0"FIRE-TREATEDPLYWOODFIRE-TREATEDPLYWOOD4'-0"4'-0"FIRE-TREATEDPLYWOODFIRE-TREATEDPLYWOODTHE UNIONTHE METROTHE METROTHE UNIONERV VENTSAAAA36"H. ALUM RAILINGPER SPEC.ALUM RAILINGPER SPEC.6X6 CEDARPOSTSVINYL LINEAL TRIMPRIVACY WALLBETWEEN UNITSERV VENTS4'-0" 5'-0"6"XXXXADDRESS NUMBERXXXXADDRESS NUMBERXXXXADDRESS NUMBERXXXXADDRESS NUMBER6x6 TREATED POSTCEDAR WRAP OVER6x6 TREATED POSTCEDAR WRAP OVER6x6 TREATED POSTCEDAR WRAP OVERVINYL LINEAL TRIMSTONE LEDGE6'-0"STONE RETURN8:128:12D1'-0"1'-0"8:12BDSTONE LEDGESTONE LEDGEADEDE126ALUM RAILINGPER SPEC.6X6 CEDARPOSTSPRIVACY WALLBETWEEN UNITS8:12SIDEWALK STEPSVERIFY RISERSPER GRADESIDEWALK STEPSVERIFY RISERSPER GRADE 1 1st Reading: Publication: 2nd Reading: Effective: CITY OF LINO LAKES ORDINANCE NO. 06-16 TEXT AMENDMENT TO MODIFY THE RESIDENTIAL DEVELOPMENT STANDARDS FOR LINO LAKES TOWN CENTER FOR WOODS EDGE The City Council of Lino Lakes ordains: Section 1: Findings of Fact 1. The City received a Land Use Application to modify the design standards in the Lino Lakes Town Center Design & Development Guide, which were adopted by Ordinance No. 04-04. 2. The Planning and Zoning Board held a public hearing on June 8, 2016. 3. The proposed amendments are consistent with the standards in Section 1007.015 of the Zoning Ordinance: a. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. The text amendment would allow some modification of the 2004 standards while maintaining consistency with the spirit of the standards. b. The proposed use compatible with present and future land uses of the area and the Town Center Master Site Plan. c. The proposed use is consistent with purpose and intent of the performance standards established by the district. d. The proposed use can be accommodated with existing public services and will not overburden the City’s service capacity. The public streets and utilities were previously constructed and no new public streets are required. e. Traffic generation by the proposed use is within capabilities of streets serving the property. Section 2: Amendment The Planned Unit Development for the Legacy at Woods Edge (Lino Lakes Town Center) as approved by Ordinance 04-04 is hereby amended as follows: 2 A. Section 4.2 of the Lino Lakes Town Center Design & Development Guide shall be amended as follows: Variation in Housing Mix Within each Residential District, a minimum of two housing models and architectural treatments is required as follows: Facade Treatment. At least two (2) unique architectural treatments for each housing model are required. The architectural treatments must differ in each of three categories: a) facade color, roof color, or siding material; b) window pattern and trim detail; and c) porch, entryway, or balcony detailing. Identical buildings shall not be adjacent to or across the street from each other. B. Section 4.3 of the Lino Lakes Town Center Design & Development Guide shall be amended as follows: Building Frontage 1. Where build-to lines govern, entries must face the street. Seventy (70) percent of the block length must have building fronts, parks or plaza within the required setback area. 2. Where build-to lines are shown on the Regulating Plan, buildings shall face the street and shall occupy a minimum percentage of each block’s linear street (at least 50 percent or 70 percent), as noted in the Regulating Plan, within the required setback area. 3. Buildings shall be sited a minimum of 5 feet and a maximum of 15 feet from the public right-of-way. For buildings located on a corner, the secondary frontage setback shall be allowed to exceed these maximum setbacks provided the building architecture on the secondary frontage is upgraded to provide upgraded materials such as board and batten or shakes in lieu of lap siding on the top ½ of the elevation. AND Residence and Garage Setbacks The following table summarizes minimum and maximum setbacks for residences and garages. Table 7. Residence and Garage Setbacks (measured from lot line unless otherwise noted) Structure Setbacks Side Setbacks (excluding Street-Facing Sides) [1, 3] Street-facing Front and Side Setbacks [1, 2] Rear Setbacks RESIDENCE SETBACKS 3 Detached single-family residence 10' min. -15' max., (except that secondary frontages may increase the maximum setback if the building elevations are upgraded) or 5' if garage is alley-loaded. 15' min. from centerline of alley, or 15' min. from rear property line when no alley 5' on each side Attached residences with individual unit entrances 5' on each side of structure, 0' between attached units in one structure, Attached residence with shared unit entrances 5' on each side of structure GARAGE SETBACKS Garage for single family detached residence Min. 1'from dwelling façade for every 2' of garage façade width. [4] No garage shall comprise more than 50 percent of the width of the total street-facing frontage for each unit. 12' min. from centerline of alley, or 3' min. from rear property line if no alley 5' on each side Garages or parking lots for duplexes, townhomes, or other attached units with individual unit entrances 5' on each side of separate garage structures, 0' between attached garages in one structure Garage or parking lots for attached units with shared unit entrances If parking is adjacent to the street, it must be tucked under residences such that the level of residences is not more than 5' above street grade. Garage entrances are limited to one doorway of less than 22' in width. [5] 5' on each side of garage structure or lot NOTES: [1] Projections. Bay windows, fireplace elements, and balconies may extend into the front setback up to four feet, for a width not more than 10 feet. The maximum extension of a projection into a side yard is 3 feet. [2] Depressed Parking. Where a high water table prevents depressed parking, at-grade structured parking must be placed at the rear of the structure with residential uses lining the front facade to finished grade. C. Section 4.4 of the Lino Lakes Town Center Design & Development Guide shall be amended as follows: Windows Coverage and Orientation. All street-facing facades must have windows covering at least 25 percent of the facade’s area. Windows of the living room, dining room, or family room must face the street. Recesses. Windows and doors must be recessed at least two inches from walls or exterior trim to create a shadow line for visual interest. Materials. Horizontal "slider" windows and window frames with metallic finishes are not permitted; vinyl or other finishes with an appearance of painted wood are acceptable. Mirror or tinted glass is not allowed. AND 4 Building Scale and Definition Articulation All Residential Products. The front façade of all residential buildings must be articulated with porches, bay windows, or balconies that face the adjacent street, park, or open space. No wall shall have a blank, uninterrupted appearance exceeding 20 feet in width without a window, recessed panel, lattice, trellis, change in texture or plan, or equivalent treatment. To insure visual interest and appropriate scale, windows, doors, and eaves must have reveals and recesses. Secondary frontages shall have upgraded materials similar to the primary frontage elevations. Attached Products. The front facades of attached products shall read as a series of distinct vertical building forms or “bays” along a “street wall.” The overall composition of the main building shall highlight proportion and rhythm among a series of bays and the overall building mass. Pilasters, columns, reveals, fenestration, and other details may be used to achieve this effect. AND Materials and Methods of Construction Materials. New buildings shall support regional traditions and maintain a level of craft in the process of construction. Exterior finishes shall be primarily of wood, brick, stone, or stucco or other high quality material approved by the City. VinylA, aluminum and metal siding are prohibited D. Section 5.1 of the Lino Lakes Town Center Design & Development Guide shall be amended as follows: Single User Signs Definition. Any free standing sign advertising an individual user within the project. Permits are required for the placement of any single user signage. Placement. Single User Signs shall only be allowed for the Lino Lakes City Hall, and the YMCA and Woods Edge townhome neighborhood. Design. Single User signage shall be limited to a single monument sign designed in accordance with the main building on the site. All Single User signage is limited to a single monument sign with a maximum height of eight feet and not to exceed 75 square feet in area. All monument signs shall include a base of masonry materials measuring a minimum of twelve inches above adjacent grades. The design of Single User signage must include only materials allowed within the Commercial, Mixed-Use, & Civic District Architectural Standards (Chapter 3.4). Signage for Woods Edge townhome neighborhood shall be designed and submitted for City review and approval to ensure the residential character of the development is maintained. Section 3: Development Regulations 5 As above amended, said Ordinance shall stand as initially passed and previously amended. Section 4: Effect This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter and upon the filing of the final plat. Adopted by the Lino Lakes City Council this 11th day of July, 2016. The motion for the adoption of the foregoing ordinance was introduced by Council Member_____________and was duly seconded by Council Member ___________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: ____________________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk 1 CITY OF LINO LAKES RESOLUTION NO. 16-67 APPROVING PUD DEVELOPMENT STAGE PLAN/PRELIMINARY PLAT FOR WOODS EDGE WHEREAS, the City has received an application for PUD Development Stage Plan/Preliminary Plat for Woods Edge hereafter referred to as “Development”; and WHEREAS, City staff has completed a review of the “Development” based on the following: • Application and plans submitted to the City on May 9, 2016. • Revised Preliminary Plat and Site Plan received by the City on June 1, 2016. • Revised plans received by the City on June 2, 2016. • Revised material color palette received by the City on June 15, 2016. • Revised building plans and elevations received by the City on June 27, 2016. • Geotechnical Evaluation Report for Hartford Group, Inc. dated May 6, 2003 WHEREAS, a public hearing was held before the Planning & Zoning Board on June 8, 2016 and the Board recommended approval of the “Development”; and NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby makes the following: FINDINGS OF FACT Per Section 1007.024(1) Purpose and Intent, the PUD, by allowing deviation from the strict provisions of this Ordinance related to setbacks, heights, lot area, width and depths, yards, etc., by conditional use permit or a mixture of uses by rezoning to a PUD District, is intended to encourage: 1. A development pattern in harmony with the objectives of the Comprehensive Plan. The residential development is consistent with the goals and policies of the comprehensive plan which anticipated development of this residential block as part of the mixed use Lino Lakes Town Center. Woods Edge is consistent with land and density requirements and provides market driven housing products that support life-cycle housing. 2. Innovations in development that address growing demands for all styles of economic expansion, greater variety in type, design, architectural standards, and siting of structures through the conservation and more efficient use of land in such developments. The project site was planned as the residential neighborhood block with the mixed use Town Center. The development will add urban townhomes in this planned development. This master planned community offers housing options not available nowhere else in the community. 3. The preservation and enhancement of desirable site characteristics such as existing 2 vegetation, natural topography and geologic features and the prevention of soil erosion. The site has limited natural desirable site characteristics. The site has been mass graded and has no significant tree stands. The storm water management system that was previously constructed will be upgraded and will incorporate additional improvements to meet current standards. 4. A creative use of land and related physical development which allows a phased and orderly transition of varying land uses in close proximity to each other. The master planned Town Center anticipated a mix of residential, commercial, office and public uses. This project will allow development of the residential block. 5. An efficient use of land resulting in smaller networks of utilities and streets thereby lowering development costs and public investments. The residential development will use existing streets and trunk utilities, which will reduce the development costs and required public investments. 6. Promotion of a desirable and creative environment that might be prevented through the strict application of City zoning and subdivision regulations. The purpose of the Town Center PUD was to create a mixed use development that could not otherwise have been constructed under the standard zoning and subdivision regulations. BE IT FURTHER RESOLVED by the City Council of The City of Lino Lakes hereby establishes that Woods Edge shall be developed in accordance with the standards in the Lino Lakes Town Center Design & Development Guide as amended by Ordinance No. 06-16. BE IT FURTHER RESOLVED by The City Council of The City of Lino Lakes hereby approves the PUD Development Stage Plan/Preliminary Plat for Woods Edge subject to the following conditions: 1. The applicant shall address all comments in the WSB Plan Review Letter dated June 2, 2016. 2. The applicant shall address all comments in the May 25, 2016 Environment Board Staff Report addressed. 3. Rice Creek Watershed District (RCWD) must approve the wetland delineation and the applicant must comply with all conditions. 4. The plans shall provide a minimum private street width of 26 feet back to back. 5. Trail corridors shall be a minimum of 20 feet wide. The trail easement in Outlot C should be revised. 6. Driveways shall be a minimum of 22 feet long. 7. Air conditioning units and other mechanical equipment must be screened from adjacent 3 streets. 8. Setbacks a. Primary front yard setbacks shall be a minimum of 10 feet and a maximum of 15 feet. b. Secondary side yard setbacks shall be a minimum of 30 feet. c. Internal side yard setbacks shall be a minimum of 5 feet. d. Rear yard setbacks shall be a minimum of 15 feet 9. Architecture. The plans should be revised to address the following: a. Ensure that building elevations on secondary fronts are upgraded to include two different styles of siding (lap, shake or board and batten). The upgraded secondary front should be provided on the following lots: i. Lots 8 and 27, Block 3 ii. Lots 7 and 8, Block 1 iii. Lots 16 and 17, Block 1. In this location, the developer could provide a more robust landscape plan between the units and the upgraded secondary side elevation could be waived. The final design shall be submitted with final plat. b. Final building materials and colors shall be submitted for City review and approval with the PUD final plan/final plat application. 10. Homeowner Association documents shall be required with PUD Final Plan/Final Plat. 11. The access easement between Outlot C and the property to the north should be reviewed to ensure that maintenance is addressed. A copy of the agreement should be provided. 12. Park dedication shall be cash in lieu of land for 112 units. 13. The landscape plan shall be revised to replace the rock mulch between driveways with turf or a mix of landscaping and wood mulch. 4 Adopted by the Council of the City of Lino Lakes this 11th day of July, 2016. The motion for the adoption of the foregoing resolution was introduced by Council Member _______________and was duly seconded by Council Member ________________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: _______________________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk 1 CITY COUNCIL AGENDA ITEM 6B STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: July 11, 2016 TOPIC: NorthPointe 4th Addition i) PUBLIC HEARING: Consider 1st Reading of Ordinance No. 05-16, Vacating Drainage & Utility Easements, Outlot B, NorthPointe 3rd Addition ii) Consider Resolution No. 16-64 Approving PUD Final Plan/Final Plat iii) Consider Resolution No. 16-65 Approving Development Agreement iv) Consider Resolution No. 16-70 Approving Public Improvement Surety Agreement VOTE REQUIRED: 4/5 (i) and 3/5 (ii, iii & iv) INTRODUCTION Staff is requesting City Council consideration of the above noted items for NorthPointe 4th Addition. Complete Application Date: May 12, 2016 60-Day Review Deadline: July 11, 2016 60-Day Extension Deadline: September 9, 2016 Environmental Board Meeting: NA Park Board Meeting: NA Planning & Zoning Board Meeting: June 8, 2016 Tentative City Council Work Session: July 5, 2016 Tentative City Council Meeting: July 11, 2016 BACKGROUND NorthPointe is a PUD residential subdivision located northeast of the intersection of Birch Street and 20th Avenue South/CSAH 54. The preliminary plat is 94.09 gross acres and consists of a residential density mix of single family lots and an 88 unit senior multi-family residence. The development consists of the following: • 216 Single Family Units (215 new lots + 1 existing home) 2 • 11 Future Single Family Units (future development of existing home) • 88 unit multi-family • 315 TOTAL UNITS This review is based on the NorthPointe 4th Addition Sanitary Sewer, Watermain, Storm Sewer and Street Construction Plans dated May 12, 2016 and final plat received on June 23, 2016 and prepared by Carlson McCain. Previous Council Actions: • March 10, 2014: NorthPointe PUD Development Stage Plan/Preliminary Plat, Resolution No. 14-21 • June 23, 2014: NorthPointe PUD Final Plan-Final Plat, Resolution No. 14-47 • September 22, 2014: NorthPointe 2nd Addition Final Plat, Resolution No. 14-105 • August 24, 2015: NorthPointe 3rd Addition Final Plat, Resolution No. 15-86 ANALYSIS Subdivision Ordinance Conformity with the Comprehensive Plan and Zoning Code The PUD Final Plan/Final Plat has been reviewed for compliance with the comprehensive plan, zoning and subdivision ordinance. The proposed development is not considered premature and meets the performance standards of the subdivision and zoning ordinance. The PUD Final Plan/Final Plat is consistent with the PUD Development Stage Plan/Preliminary Plat. There is a modification from the phasing plan. The phasing plan dated August 26, 2015 for Phase IV was for 51 lots and included dedication of the parkland. The proposed NorthPointe 4th Addition final plat is for 31 lots and includes dedication of the parkland. The phasing plan shall be revised accordingly. Blocks and Lots The final plat for NorthPointe 4th Addition creates 31 lots and 4 outlots. Outlots A, B and C are for future development, stormwater management and wetland protection areas. Outlot D is for parkland. There is one slight revision to the final plat as presented to the Planning & Zoning Board on June 8th. Wetlands were incorrectly shown on Outlot A, NorthPointe 4th Addition. They have already been mitigated and do not exist. The revised final plat correctly shows no wetland on that outlot. Streets The following right-of-way and street widths were approved with Resolution No. 14-21, PUD Development Stage Plan/Preliminary Plat: 3 Street Name Right-of-Way Width Street Width (Back to Back) Cypress Street 60 feet 32 feet Rosewood Street 60 feet 32 feet Easements and Easement Vacation Standard drainage and utility easements are provided on all lot lines. A Conservation Easement was also dedicated to RCWD over the wetland and buffer areas on Outlot D, NorthPointe. The applicant is requesting the drainage and utility easement dedicated in the plat of NorthPointe 3rd Addition lying over, under and across Outlot B be vacated to eliminate any potential tile issues. This easement will be re-dedicated on the plat of NorthPointe 4th Addition. The City Council approved a similar vacation with Ordinance No. 11-15 for Outlots C and D, NorthPointe when NorthPointe 3rd Addition was platted. The City Council will hold a public hearing tonight for the vacation. Public Land Dedication and Fees The City will require a combination of land dedication and cash in lieu of land for the entire NorthPointe development. Outlot D, NorthPointe 4th Addition will be deeded to the City for parkland. The outlot is 5.16 gross acres and 4.59 net acres (net acres excludes wetlands and area below the 100 year HWL). The preliminary plat indicated 5.04 acres of parkland but detailed grading and construction plans provide the more accurate gross and net acres. The City and developer agreed to $25,000 per acre for land dedication credit. NorthPointe 4th Addition Total #of Lots = 31 x Park Dedication fee $2,500 = Cash in Lieu Value $77,500 Net acres of land dedication1 4.59 x per acre market value $25,000 = Value of Land Dedication $114,750 Cash in lieu total $77,500 -Value of Land Dedication ($114,750) = Cash in lieu balance ($37,250) 1 Net acres based on Park Exhibit dated May 12, 2016 and excludes wetlands and area below the 100 year HWL. 4 To date, the City has collected $255,000 in park dedication fees on 102 lots through NorthPointe 3rd Addition. There are 82 additional lots to be platted in this development. The negative cash balance will be carried over and balanced with future phases of development. The Park Board has been working with WSB to create a master plan for the park and anticipates starting construction in fall 2016 or spring 2017. The City will install the trails in conjunction with the park development. Zoning NorthPointe 4th Addition is zoned PUD-Planned Unit Development as approved by the City Council with Ordinance No. 02-14. Comprehensive Plan The PUD Final Plan/Final Plat is in compliance with the Comprehensive Plan in terms of the Resource Management System, Land Use Plan, Housing Plan, and Transportation Plan. Alternative Urban Areawide Review (AUAR) The project site is within the 2005 I-35E Corridor AUAR and is subject to the AUAR mitigation plan. The NorthPointe PUD Development Stage Plan/Preliminary Plat is consistent with development Scenario 1 for residential medium density and complies with the mitigation plan in regards to wetlands, water use, erosion and sedimentation, surface water runoff, wastewater and transportation. The final plat for NorthPointe 4th Addition is also consistent with these plans. Floodplain Since the recording of NorthPointe 3rd Addition, the FEMA FIRM was updated effective December 16, 2015. The current 2015 FIRM indicates Zone A floodplain throughout NorthPointe and potentially on the southeast corner of Lot 1, Block 4, NorthPointe 4th Addition. The applicant has applied for and received a Conditional Letter of Map Amendment. They have also applied for a Letter of Map Revision and that is pending. The New Park is proposed within the 100-year floodplain; no permanent enclosed structures will be allowed in the park pursuant with the City’s Floodplain Management Ordinance. Development Agreement A Development Agreement has been drafted by the City and shall be executed by the City and the developer. The Developer Improvements costs as detailed in the Development Agreement will be secured with a Public Improvement Surety Agreement. Title Commitment 5 The City Attorney reviewed the title commitment and final plat and notes consents to plat are required. Stormwater Maintenance Agreement A Maintenance Agreement for Stormwater Management Facilities was approved by the City Council on August 11, 2014 with Resolution No. 14-87 for the entire NorthPointe development. RECOMMENDATION The Planning & Zoning Board reviewed and recommended approval of the PUD Final Plan/Final Plat on June 8, 2016. The vote was 4-0 with 1 abstention. Staff is recommending approval of the following items with conditions as listed: 1. Ordinance No. 05-16 Vacating Drainage & Utility Easement 2. Resolution No. 16-64 Approving the PUD Final Plan/Final Plat 3. Resolution No. 16-65 Approving Development Agreement 4. Resolution No. 16-70 Approving Public Improvement Surety Agreement ATTACHMENTS 1. Ordinance No. 05-16 2. Resolution No. 16-64 3. Final Plat 4. Resolution No. 16-65 5. Development Agreement 6. Resolution No. 16-70 7. Public Improvement Surety Agreement 1 1st Reading: Publication: 2nd Reading: Effective: CITY OF LINO LAKES ORDINANCE NO. 05-16 ORDINANCE VACATING DRAINAGE AND UTILITY EASEMENT (Outlot B, NorthPointe 3rd Addition) The City Council of Lino Lakes ordains: Section 1: Findings of Fact 1. The City Council of Lino Lakes has determined to vacate all of the drainage and utility easements, as dedicated in the plat of NorthPointe 3rd Addition, according to the recorded plat thereof, Anoka County, Minnesota, lying over, under, and across Outlot B, said plat as shown in Exhibit A; and 2. A public hearing was held on July 11, 2016 before the City Council in the City Hall Council Chambers after due published and posted notice had been given and reasonable attempts were made to give personal notice to all affected property owners, and all persons interested were given an opportunity to be heard; and 3. The same drainage and utility easements shall be dedicated to the public on NorthPointe 4th Addition; and 4. It appears to be in the best interest of the City to vacate such drainage and utility easements; and 5. Four-fifths of all members of the City Council concur in this ordinance. Section 2: Easement Vacated The drainage and utility easement described herein is hereby vacated. Section 3: Effect This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter and upon filing of the NorthPointe 4th Addition final plat. 2 Adopted by the Lino Lakes City Council this 11th day of July, 2016. The motion for the adoption of the foregoing ordinance was introduced by Council Member_____________and was duly seconded by Council Member ___________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: ____________________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk 1of1DRAINAGE AND UTILITY EASEMENT VACATION SKETCHTONY EMMERICH CONSTRUCTION, INC. 1875 Station Parkway NW Andover, MN 55304REVISIONS1.2.3.4.5.6.DRAWN BY:ISSUE DATE:JAB05/16/2016NORTHPOINTE 3RD ADDITION Lino Lakes, Minnesota f:\jobs\4581 - 4600\4586 - lino lakes parcel\cad\survey\4586_northpointe 3rd addition-easementvacation.dwgSave Date:05/17/16 FILE NO:726DRAINAGE AND UTILITY EASEMENT VACATION SKETCH 1 CITY OF LINO LAKES RESOLUTION NO. 16-64 RESOLUTION APPROVING THE PUD FINAL PLAN/FINAL PLAT FOR NORTHPOINTE 4TH ADDITION WHEREAS, the City received an application for PUD Final Plan/Final Plat approval for NorthPointe 4th Addition hereafter referred to as “Development”; and WHEREAS, City staff completed review of the proposed “Development” based on the NorthPointe 4th Addition Sanitary Sewer, Watermain, Storm Sewer and Street Construction Plans dated May 12, 2016 and final plat received on June 23, 2016 and prepared by Carlson McCain; and WHEREAS, a public hearing was held before the Planning & Zoning Board on December 11, 2013 and continued to the February 12, 2014 meeting and the Board recommended approval of the PUD Development Stage Plan/Preliminary Plat; and WHEREAS, the City Council approved the rezoning from R, Rural to PUD, Planned Unit Development with Ordinance No. 02-14 and the PUD Development Stage Plan/Preliminary Plat with Resolution No. 14-21; and WHEREAS, Planning & Zoning Board reviewed and recommended approval of NorthPointe 4th Addition PUD Final Plan/Final Plat on June 8, 2016; and WHEREAS, the proposed development is not considered premature and meets the performance standards of the subdivision and zoning ordinance; and WHEREAS, the PUD Final Plan/Final Plat substantially conforms to the PUD Development Stage Plan/Preliminary Plat. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Lino Lakes hereby approves the PUD Final Plan/Final Plat for NorthPointe 4th Addition, subject to the following conditions: 1. All comments from City Engineer letter dated June 2, 2016 shall be addressed. 2. The Development Agreement shall be executed by the City and the developer and recorded by the developer. 3. The developer shall draft the deed for Outlot D, NorthPointe 4th Addition to the City for parkland dedication. 4. The Phasing Plan shall be revised to reflect changes from the original plan. 5. A FEMA Letter of Map Revision shall be required by the City prior to any building permits being issued on lots affected by the floodplain. 6. No permanent enclosed structures will be allowed in the park pursuant with the City’s Floodplain Management Ordinance 7. Title Commitment: 2 a. Consent of the Mortgagees shall be obtained Adopted by the Council of the City of Lino Lakes this 11th day of July, 2016. The motion for the adoption of the foregoing resolution was introduced by Council Member_______________ and was duly seconded by Council Member ________________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: ______________________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk ENVIRONMENTAL ◦ ENGINEERING ◦ SURVEYINGNORTHPOINTE 4TH ADDITION (SEE SHEET 2 OF 2 SHEETS)INSET 'A ' ENVIRONMENTAL ◦ ENGINEERING ◦ SURVEYINGNORTHPOINTE 4TH ADDITIONINSET 'A' CITY OF LINO LAKES RESOLUTION NO. 16-65 RESOLUTION APPROVING DEVELOPMENT AGREEMENT & PLANNED UNIT DEVELOPMENT AGREEMENT FOR NORTHPOINTE 4TH ADDITION WHEREAS, the City Council approved the final plat for NorthPointe 4th Addition with Resolution No. 16-64 on July 11, 2016; and WHEREAS, the City’s subdivision ordinance and conditions of approval require the execution of a development agreement between the Developer and the City of Lino Lakes. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby approves the Development Agreement & Planned Unit Development Agreement between Tony Emmerich Construction, Inc. and the City of Lino Lakes for NorthPointe 4th Addition and authorizes the Mayor and City Clerk to execute such agreement on behalf of the City. Adopted by the Council of the City of Lino Lakes this 11th day of July, 2016. The motion for the adoption of the foregoing resolution was introduced by Council Member _______________and was duly seconded by Council Member ________________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: _______________________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk DEVELOPMENT AGREEMENT and PLANNED UNIT DEVELOPMENT AGREEMENT NorthPointe 4th Addition THIS AGREEMENT is made this _____ day of ____________, 2016, by and between the City of Lino Lakes, a Minnesota municipal corporation, and Tony Emmerich Construction, Inc., a Minnesota corporation, referred to as (“Developer”). 1. Subdivision. Developer received preliminary plat approval from the City by Resolution No. 14-21 for a plat known as NorthPointe 4th Addition (“Subdivision”). Unless otherwise stated, all terms and conditions of this Agreement relate to work within the Subdivision. 2. Final Plat Approval. The City’s approval of the final plat of NorthPointe 4th Addition, as legally described in Attachment A, is contingent upon execution and delivery of this agreement and all required petitions, bonds, security, and documents, and satisfaction of all conditions of approval required by Resolution No. 16-64. The Final Plat is attached hereto as Attachment B. 3. Phased Development. The City may refuse to approve final plats of subsequent additions of the plat if the Developer has breached this Agreement and the breach has not been remedied. Development of subsequent phases may not proceed until Development Agreements for such phases are approved by the City. 4. Developer Plans. a. The Subdivision shall be developed in accordance with the following Developer Plans, original copies of which are on file with the City Engineer. The Developer Plans may be prepared and revised after entering into this Agreement but must be approved by the City before commencement of any work. If the plans vary from the written terms of this Agreement, this Agreement shall control. b. The Developer Plans as of the date of this Agreement are: i. NorthPointe 4th Addition plan set containing 15 sheets, prepared by Carlson McCain Inc., received May 12, 2016. 5. Permits. The Developer shall be responsible for securing all site grading and development approvals and permits from all appropriate Federal, State, Regional and Local jurisdictions prior to the commencement of site grading or construction and prior to the City awarding construction contracts for public improvements. NorthPointe 4th Addition Development Agreement July 11, 2016 page 2 6. Developer Improvements. The Developer shall secure a contractor to install these improvements, hereinafter referred to as the “Developer Improvements,” which contractor shall be approved by the City in its absolute discretion. The cost of Developer Improvements is as shown on Attachment C. All Developer Improvements shall require City inspection and approval and, where appropriate, the approval of any other governmental agency having jurisdiction. The Developer shall construct and install at the Developer's expense the following improvements according to the following terms and conditions: a. Site Grading i. No grading shall commence until all requirements of the Rice Creek Watershed District (RCWD) and Vadnais Lakes Water Management Organization (VLAWMO) have been satisfied. ii. All site grading shall be conducted in accordance with the grading plan as approved by the City and in accordance with NPDES, RCWD and VLAWMO requirements. The Developer shall perform the work in accordance with a Storm Water Pollution Prevention Plan (SWPPP) pursuant to Minnesota Pollution Control Agency (MPCA) requirements. b. Grading and Erosion Control i. The Developer shall grade the site to within 0.2 foot of the grades shown on the approved grading plan. No deviations will be allowed unless a revised plan is submitted and approved by the City and all other regulatory agencies. ii. The street right-of-way, storm water storage ponds, and surface water drainage ways shall be graded prior to commencement of utility construction. iii. The Developer shall be responsible for ascertaining that site geotechnical and groundwater conditions are adequate and conforming with the grading and site improvement as proposed. iv. The Developer’s engineer shall certify in writing, with an as-built survey, that all grading complies with the approved grading plan prior to issuance of any building permits. v. The Developer shall promptly clear dirt and debris within public right-of- ways and drainage and utility easements resulting from construction by the Developer, its purchasers, builders and contractors within five (5) days after notification by the City. The Developer shall be responsible for NorthPointe 4th Addition Development Agreement July 11, 2016 page 3 all necessary street and storm sewer maintenance, including street sweeping, until all home construction is completed, unless otherwise released by the City. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on them, including detour signs if necessary. If and when the streets become impassable, such streets shall be barricaded and closed. The Developer shall maintain a smooth, hard driving surface and adequate drainage on all temporary streets. c. Final street grading, subbase, gravel base, concrete curb and gutter, and bituminous base course and wear course shall be furnished and installed. d. Sidewalks, paths and street lighting as required by the City. e. Storm sewers, when determined to be necessary by the City Engineer, including all necessary laterals, catch basins, inlets and other appurtenances, shall be furnished and installed. f. Sanitary sewer mains, laterals or extensions, including all necessary building services and other appurtenances, shall be furnished and installed. g. Water mains, laterals or extensions, including all necessary building services, hydrants, valves and other appurtenances, shall be furnished and installed. h. The Developer shall place iron monumen ts at all lot and block corners and at all other angle points on boundary lines. Iron monuments shall be placed after all street and lawn grading has been completed in order to preserve the lot markers for future property owners. Lot corner irons on the back property line shall be installed so that the top of the iron corresponds to the finished ground elevation in accordance with the approved grading plan. Guard stakes shall be appropriately installed to mark these irons. i. Landscaping shall be furnished and installed in accordance with the approved plans. j. The Developer shall arrange for all gas, telephone, cable TV and electric utility services to the Subdivision in accordance with City Code and State law. The Developer is solely responsible for the cost of utility installation. 7. Time of Performance. The Developer shall install all required improvements enumerated in Paragraph 6 by November 30, 2016 with the final bituminous wearing course by October 31, 2017 or when 80 percent of the homes are constructed . The Developer may request a reasonable extension of time from the City. If the extension is NorthPointe 4th Addition Development Agreement July 11, 2016 page 4 granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 8. City Improvements. The following improvements, hereinafter referred to as “City Improvements,” shall be designed, inspected, surveyed and administered by the City, and installed by the City on the Subject Property at Developer Expense: NO CITY IMPROVEMENTS ARE PROPOSED TO BE CONSTRUCTED IN NORTHPOINTE 4TH ADDITION 9. Record Drawings. a. Upon project completion, Developer shall submit record drawin gs, in electronic format, of all public and private infrastructure improvements , including roads, sanitary sewer, watermain, storm sewer facilities, and grading, constructed by Developer. The files shall be drawn in Anoka County NAD 83 Coordinate system and provided in both AutoCAD .dwg and Adobe .pdf file formats. The plans shall include accurate locations, dimensions, elevations, grades, slopes and all other pertinent information concerning the complete work. b. A summary of the record plan attribute data for the storm sewer, watermain, and sanitary sewer structures and pipes shall be submitted in the form of an Excel Spreadsheet as provided by the City Engineer. c. No securities will be fully released until all record drawings have been submitted and accepted by the City Engineer. 10. Faithful Performance of Construction Contracts and Security. a. The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Developer Improvements. Concurrent with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on one hundred fifty (150%) percent of the total estimated cost of Developer's Improvements. b. Irrevocable Letter of Credit. If an Irrevocable Letter of Credit is utilized, it shall be for the exclusive use and benefit of the City of Lino Lakes and shall state that it is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Agreement and construction of all required improvements referenced therein in accordance with the ordinances and specifications of the City. The letter shall be in a form, and from a bank, as approved by the City. The City reserves the right to draw, in whole or in part, on NorthPointe 4th Addition Development Agreement July 11, 2016 page 5 any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this agreement. The Irrevocable Letter of Credit shall be automatically extended for additional periods of one year from present or future expiration dates. The Irrevocable Letter of Credit may not be terminated without the City’s written consent. c. Alternatively, the Developer may enter into a Public Improvement Surety Agreement, subject to City approval. d. Reduction of Security. The Developer may request reduction of the Letter of Credit or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. 11. Warranty. The Developer warrants all utility work required to be performed by it against poor material and faulty workmanship for a period of two years after its completion and acceptance by the City. All new streets shall be warranted by the developer for a period of one year from the time the final inspection of the street is completed and accepted by the City. All trees, grass and sod shall be warranted to be alive, of good quality and disease free for 12 months after planting. Prior to final acceptance of the Developer Improvements the City shall require a Performance Bond or Cash Escrow to cover the warranty provisions of this Agreement. The amount shall be determined by the City Engineer. 12. Dedication. The Developer shall dedicate to the City, at no cost to the City, any permanent or temporary easements that may be necessary for the construction and installation of the Developer Improvements. All such easements required by the City shall be in writing, in recordable form, containing such terms and conditions as the City shall determine. 13. Ownership of Improvements. Upon completion and City acceptance of the work and construction required by this Agreement, the public improvements lying within public right-of-way and easements shall become City property without further notice or action unless the improvements are to be deemed private infrastructure. 14. Recording and Release. The Developer agrees that the terms of this Development Agreement shall be a covenant on any and all property included in the Subdivision. The Developer agrees that the City shall have the right to record a copy of this Development Agreement with the Anoka County Recorder to give notice to future purchasers and owners. This shall be recorded against the Subdivision described on Page 1. 15. Escrow for City’s Costs. a. The Developer agrees to establish a non -interest bearing escrow account with the City in an amount determined by the City Administrator or his designee for NorthPointe 4th Addition Development Agreement July 11, 2016 page 6 the payment of all costs incurred by the City related to the development of the Subdivision including, but not limited to, the following (See Attachment C for breakdown of costs): i. Administration - 3% of Developer [CITY] Improvement Costs ii. City Engineering iii. Street lighting installation (by utility company) iv. Traffic signing improvements v. Boulevard tree planting vi. Street, storm sewer and pond maintenance vii. Property Taxes. Should the recording of the Final Plat occur after July 1 st, any and all property taxes on any public property dedicated as a part of this plat shall be the responsibility of the Developer. b. If the above escrow amounts are insufficient, the Developer shall make such additional deposits as required by the City. The City shall have a right to reimburse itself from the Escrow upon notice to the Developer, with suitable documentation supporting the charges. 16. Developer Fees. At the time of execution of this Agreement, the Developer shall pay the following fees related to the development of the Subdivision (See Attachment C for breakdown of costs): a. Park Dedication The City will require a combination of land dedication and cash in lieu of land for the entire NorthPointe development. Outlot D, NorthPointe 4 th Addition will be dedicated to the City for parkland. The outlot 4.59 net acres. The City and developer agreed to $25,000 per acre for land dedication credit. The negative cash balance will be carried over and balanced with future phases of development. NorthPointe 4th Addition Total #of Lots = 31 x Park Dedication fee $2,500 = Cash in Lieu Value $77,500 NorthPointe 4th Addition Development Agreement July 11, 2016 page 7 Net acres of land dedication 4.59 x per acre market value $25,000 = Value of Land Dedication $114,750 Cash in lieu total $77,500 -Value of Land Dedication ($114,750) = Cash in lieu balance ($37,250) b. The Developer shall pay 15 months of maintenance and energy costs for street lights installed within the Subject Property at the rate of $7/month/light. After that the City will assume the costs. c. Sealcoating. The Developer will pay the cost of sealcoating the streets within the development at a cost of $17,375. The sealcoating will be completed within three to seven years following completion of the wear course placement. d. Aerial Photo Fees e. Trunk Sewer Unit Charges The City established trunk unit charges to uniformly distribute the costs of public trunk sanitary sewer infrastructure. Each individual connection to the sanitary sewer system shall be charged a unit charge per SAC unit (currently at $3,073 per SAC unit). The calculation of the SAC units shall be based on the procedure outlined in the Metropolitan Council Environmental Services Sewer Availability Charge Procedure Manual. Trunk sewer unit charges addressed under this paragraph are in addition to any SAC charges imposed by Metropolitan Council Environmental Services. An estimate of the total charge and the trunk utility credit for developer installed trunk oversizing is specified in Attachment C. f. Trunk Water Unit Charges The City established trunk unit charges to uniformly distribute the costs of public trunk water infrastructure. Each individual connection to the water system shall be charged a unit charge per SAC unit (currently at $4,069 per SAC unit). The calculation of the SAC units shall be based on the procedure outlined in the Metropolitan Council Environmental Services Sewer Availability Charge Procedure Manual. An estimate of the total charge and the trunk utility credit for developer installed trunk oversizing is specified in Attachment C. NorthPointe 4th Addition Development Agreement July 11, 2016 page 8 g. Surface Water Management Area Charges The City established a trunk area charge to uniformly distribute the costs of public trunk surface water infrastructure and water quality improvements. The Surface Water Management Charge shall be based on developable acreage, in the amount specified in Attachment C. 17. Assessment of Charges and Waiver of Rights. a. In consideration of the construction of City Improvements listed in Paragraph 8 and /or provision of sewer, water and storm water services, the Developer agrees that the costs of City Improvements together with Trunk Sewer Unit Charge, Trunk Water Unit Charge and the Surface Water Management Area Charge (collectively, “the Charges”) may be assessed against the Subdivision parcels. The Developer hereby waives any and all procedural and substantive objections to the special assessments, including notice and hearing requirements, any claim that the assessments exceed the benefit to the properties, and any right to appeal. b. Unless the Developer pays the entire balance owed for the Charges contemporaneously with the execution of this Agreement , the Developer shall provide to the City a cash escrow or irrevocable letter of credit in an amount equal to 35% of the total assessments for the Charges as estimated by the City Engineer (see Attachment C). The letter of credit shall be in a form, and from a bank, as approved by the City. The letter of credit or cash escrow may be used by the City upon default by Developer in the payment of special assessments. The cash escrow or letter of credit shall remain in place throughout the term of the special assessments. The letter of credit may not be terminated without the City’s written consent. c. Developer, its heirs, successors or assigns, agrees that within 30 days after the date of sale of a lot, the Developer, its heirs, successors or assigns, at its own cost and expense, shall pay the entire unpaid charges assessed or to be assessed under this agreement against such property. d. If a certificate of occupancy is issued before the special assessments have been levied, the Developer, its heirs, successors or assigns shall pay the City the sum of cash equal to 120% of the Engineer's estimate of the special asses sments for such Charges that would be levied against the property. Upon such payment the City shall issue a certificate showing the assessments are paid in full. Notwithstanding the issuance of said certificate, the Developer shall be liable to the City for any deficiency and the City shall pay the Developer any surplus arising from the payment based upon such estimate. NorthPointe 4th Addition Development Agreement July 11, 2016 page 9 e. Acceleration upon Default. In the event the Developer violates any of the covenants, conditions or agreements herein, violates any ord inance, rule or regulation of the City, County of Anoka, State of Minnesota or other governmental entity having jurisdiction over the plat or development, or fails to pay when due any installment of any special assessment levied pursuant to this agreement, or any interest thereon, the City at its option, in addition to its rights and remedies hereunder, after 10 days written notice to the Developer, may declare all of the unpaid special assessments which are then estimated or levied pursuant to this agreement due and payable in full, with interest. The City may seek recovery of such special assessments due and payable from the security provided herein. In the event that such security is insufficient to pay the outstanding amount of such special assessments plus accrued interest the City may certify such outstanding special assessments in full to the County Auditor pursuant to Minnesota Statutes section 429.061, subdivision 3, for collection the following year. The City, at its option, may commence legal action against the Developer to collect the entire unpaid balance of the special assessments then estimated or levied pursuant hereto, with interest, including reasonable attorney's fees, and Developer shall be liable for such special assessments and, if more than one, such liability shall be joint and several. In addition to any other rights and remedies upon Developer’s default, the City may refuse to issue building permits and/or Certificates of Occupancy for any property within the Subdivision until such time as such default has been corrected to the satisfaction of the City. The Developer agrees to reimburse the City for all costs incurred by the City in the enforcement of this agreement, or any portion thereof, including court costs and reasonable engineering and attorneys' fees, if the City prevails in any enforcement action. 18. Building Permits. No building permits shall be issued until: a. Site grading, City sewer, water, storm sewer, and bituminous base construction of the streets, temporary street signs, gas, electric, and telephone are completed and approved by the City, except as provided below. i. Model Homes: Structures may be installed as model homes consistent with City ordinance upon approval of the final plat. A record drawing of the site grading for the model home lots shall be submitted prior to issuance of building permits for the model homes. ii. If building permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, the Developer, its contractors, subcontractors, material men, employees, agents or third parties. Any such costs shall be reimbursed from Developer’s escrow. NorthPointe 4th Addition Development Agreement July 11, 2016 page 10 19. Special Provisions a. Developer shall deed to the City Outlot D for public land dedication purposes. 20. Hours of Construction Activity. All construction activity shall be limited to the hours as follows: Monday through Friday 7:00 a.m. to 7:00 p.m. Saturday 9:00 a.m. to 5:00 p.m. Sunday and Holidays No working hours allowed 21. Insurance. Developer or its general contractor shall take out and maintain until one year after the City accepted the Developer Improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's or general contractor’s work, as the case may be, or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than Five Hundred Thousand and no/100 ($500,000.00) Dollars for one person and One Million and no/100 ($1,000,000.00) Dollars for each occurrence; limits for prope rty damage shall be not less then One Million and no/100 ($1,000,000.00) Dollars for each occurrence; or a combination single limit policy of Two Million and no/100 ($2,000,000.00) Dollars or more. The City, its employees, its agents and assigns shall be named as an additional insured on the policy, and the Developer or its general contractor shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. 22. Developer’s Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than 48 hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, levy the cost in whole or in part as a special assessment against the Subject Property. Developer waives its rights to notice of hearing and hearing on such assessments and its right to appeal such assessments pursuant to Minnesota Statutes, chapter 429. 23. General. a. Binding Effect NorthPointe 4th Addition Development Agreement July 11, 2016 page 11 The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land, unless otherwise released pursuant to section 14 of this Agreement. b. Validity. If a portion, section, subsection, sentence, clause, paragraph or phrase in this agreement is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Development Agreement. c. Notices Whenever in this agreement it shall be required or permitted that notice or demand be given or served by either party to this agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses below by certified mail (return receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties are as set forth until changed by notice given as above. Tony Emmerich Construction, Inc. Attn: Baleen K. Roberts, President 4920 173rd Avenue NE Ham Lake, MN 55304 Community Development Director City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 NorthPointe 4th Addition Development Agreement July 11, 2016 page 12 24. Land Use Controls - Planned Unit Development. a. NorthPointe 4th Addition is a Planned Unit Development (PUD) as approved by the City Council by Ordinance No. 02-14 and Resolution No. 14-21. b. The building design standards as established in the R -2, Two Family Residential District shall apply to the single family lots except as follows: i. All single family dwellings shall have double garage at minimum. ii. All single family dwellings shall include a front porch that is covered, unenclosed and a minimum of 6 feet in depth. iii. All single family dwelling and garage elevations shall include a variation in exterior building materials such as brick, stone, rock face, concrete block, wood, stucco, vinyl, steel, fiber cement and aluminum siding. iv. Side or rear loaded garages are permitted. The elevation facing the street shall require a minimum of one (1) window. v. The garage doors shall incorporate architectural design features such as decorative windows, panels, hinges, etc. vi. Garages in excess of two stalls shall be broken up so the additional stalls are recessed from the main garage façade. vii. Garage width shall not exceed 32 feet. NorthPointe 4th Addition Development Agreement July 11, 2016 page 13 DEVELOPER CITY OF LINO LAKES By ______________________ By _________________________ Baleen K. Roberts, President Mayor Its ______________________ ATTEST: Tony Emmerich Construction, Inc. By _________________________ City Clerk STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) This instrument was acknowledged before me on ________ day of ____________, 2016, by Jeff Reinert as Mayor of the City of Lino Lakes on behalf of said City. _______________________________ Notary Public STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) This instrument was acknowledged before me on ________ day of ____________, 2016 by Julianne Bartell as City Clerk of the City of Lino Lakes on behalf of said City. _______________________________ Notary Public NorthPointe 4th Addition Development Agreement July 11, 2016 page 14 STATE OF MINNESOTA ) ) SS COUNTY OF __________ ) On this _______ day of _______________, 2016, before me, a Notary Public within and for said County, personally appeared ____________, __________________ of ___________________. (Developer), who executed the foregoing instrument. ______________________________ Notary Public STATE OF MINNESOTA ) ) SS COUNTY OF __________ ) On this _______ day of _______________, 2016, before me, a Notary Public within and for said County, personally appeared ______________, who executed the foregoing instrument. ______________________________ Notary Public This instrument was drafted by: City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 NorthPointe 4th Addition Development Agreement July 11, 2016 page 15 ATTACHMENT A Legal Description Outlot B, NORTHPOINTE 3RD ADDITION, according to the recorded plot thereof, Anoka County, Minnesota. NorthPointe 4th Addition Development Agreement July 11, 2016 page 16 ATTACHMENT B Final Plat NORTHPOINTE 4TH ADDITION KNOW ALL PE~SC~1S BY THESE PRESE~ITS: That Tony Emmericr Construccion, ne,, o Minnesota corporction, owrer cf the followirg described :>roperty: Outlot B, NORTHI'OII~TE 3RD A.DJITION, cccording to the recorced plot hereof, A.noko Gounty, f~inresoto. Has co usee the s>Jnc to be surveyed and plattec as NORTHPOirHE 4-H ADD IT ON and docs hereby dedicate to t'le f!l,blic: for :JIJhlic: USe the rmhlic: WCl)IS nnrl the ciroino~e nnrl lJtility f:CJSemerts ClS shown :Jn this riot. In witness whereof said Tony Ernrrerich Co1struct'on, Inc., a rvlinnesota corpDroticn, hcs caused t1ese presents to oe sigced by its proper ofiicer this day of 20 TONY EMMERICH CONSTRUCTION, INC. Baleen K. Roberts, Pr·eside··,t STATE OF ____ _ COUNTY OF ----- This instrumert Nos acknowledcJed before me on by Baleen -<. Roberts, Pr-esic]ent of Tony Fmmer-ich C:cnstruction, Inc., o MinrlescJtcJ corpcrotion, on beholf of the corporotion. Notary Public, My cmT1mission ex:Jn~s DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: (NOT TO SCALE) I I I I o-~l r- 1 I I I 0 -1 l~-5 0 I I I I " --~----~ L----~-- being 5 feet in width. and adjoining side lot lines. and 10 feet in width and adjoining right of woy lines and rear lot lines unless otherwise shown on this plat. Denotes Right of Access dedicated --o --to Anoka County per tho plat of NORTHPOINlE Denotes Right of Access dedicated __ 6 __ to the State of Minnesota per the plat of NORTHPOINlE N For the purposes of this plat. the most southerly line of Outlot B. NORTHPOINlE 3RD ADDITION is assumed to have a bearing of South 89 degrees 57 minutes 14 seconds West. e,j ,_, 66 ---1 I ili ili lili .Jlli. ---Denotes Wet Land location Tromcs R. Bolluff d:> hereby certify that this plat was prepwec by me or urder my direct supervision; that orr a duly Licensed Land Surveyor in the State of ~linnesota; that this plat is a correct represencation of tre ooundary survey; that a I rratherratieal data and lcbels ere correctly designated on tris pat; that al 'Tlonuments deoicled on his plot have beer, or will be correctly set vdhin one yew; trot oil water bo~ndaries and wet lands, as ce"'ined i1 ~Jiinres::Jto Statutes, Secti::::m 50.5.01, Subd. 3, as of the d,'Jte of this certifico-::e ore shown and lacclcd on tris plot; and all pual·e ways ore shown one labclce on chis plct. Jated -::his ___ day of LO -~ Thomas R. Balluff, Licensed Lane Surveyor ~linnesoto Licerse ~b. 4J361 STATE OF COUNTY OF ____ _ This 'nstr-.Jment was ccknowl;:;dged ::Jefore me on ~lotary Public, My commission exprres CITY COUNCIL, CITY OF UNO LAKES, MINNESOTA oy Tromcs R. Bclluff. This plat of NORTH POINTE 4TH ADDITIC~J wcs cppr:1ved and accepted by the Cicy Cocncil of the C ty cf _ino _okes, Mirrnesoto ot •J r·egclu meetirg theceof held this day of 20_ and said plot is in complance with the provisions of Min1esota Statutes, Section 585.03, :i~bd. 2. CITv COU~C L, CITY OF LI~IO LII.KES, \IIINNESOTA ~ y: _______________ , Mo yor ;:: ioo DO ;.,· Nit) 0 U) DN 0 z By ______________________ , Clerk ~11\/JT, l')f'I~ITI- 1 'J\_J,-\ I //,-\_/II~ I L_ GRAPriC SCALE 0 60 1 20 24,] Denotes 1/2 Inch by 14 Inch Iron monument set C or to be set with in one year of recording of this plat and marked with license number 40361 Denotes Found Iron Monument. marked with • license number 40361 unless otherwise noted (SC~.LE I~ FEET) I I~CH ~ 120 FEE- 662.83 1129.09 S89°57'14"W CITY OF UNO LAKES COUNTY OF ANOKA SEC. 25, TWP. 31, RGE. 22 COUNTY SURVEYOR I hereby cecllfy that in accordance with Minnesota Scatc tes, Sectior 505.021, Subd. 11, this pat has beerl reviewed ond approved this doy of 20 By: ____________________________________ _ _orry =::. Hoium ll.noka Cocnty Surveyor COUNTY AUDITOR/TREASURER Puouuril lu \llirllleoulu Slululeo, Secliurl :JO:J.021, SuLJ. S, luxe,; rouyuule in lhe yeur 20_ Ull lhe land hereirbefcre cescribed rave been paid. 1\lso, pursuant to Mi1nesota Scatctes, Sectior 272.12, ihP-re CJre r10 delinquf:ni lcJXeS cmcJ lr:mslt-:r enlered lhis dCJy or 20 Pcopecty Tax Administrator By ___________________________ , Je put y COUNTY RECORDER/REGISTRAR OF TITLES County of A1oko, State :Jf f~inresota I her-eby cectify that this pat of NORTHPOINE 4TH ADDIT 0~1 was filed rn the office of the County Recorder/Re~istrar of -itles for public record on this day of 20_ ct o'clock __ .~1. and was duly recorded rn Book _______ _ nnclJilt=:nt r'umbcr I I ..-(' I I I 0 I County Recorder /Registrar of -itles By __________________________ , Deputy S7;c4088}J ~-... 04"[ I-, I I I I I J. ... I ~ I ~ I I / I I I I -... _,_ -I I I C) -,. "'- I I I I I I I I I I I I I I I I I I I I I I I Poqe ___ ~ I I I I I as ENVIRONMENTAL· ENGINEERING· SURVEYING SH::.ll 1 Cc 2 SHlll S INSET 'A' 108.69 150.77 NORTHPOINTE 4TH ' ...... ' 136.62i ------, I I I 1 30.00 ( 30.00 50.00 1'89'36'52"E J. ' l) ' ' '<.." ' ' OUTLOT A N88"19'38"E 582.14 J. ' ...... ' ' 0 V> w "'" oco h::::i "' o" 0 V> ro me ,..: 61 co, ~ I 'll )L 8 -__15_2.87 30 I I J ro 1 ~I I I ,,, I :;: ::: ·c--LO ~ ~ ;;:;o ROSEWOOD 26o.o1 STREET 1 'i ~-g--+__.-:=-------,89'57'~-------; -, 762.01 --~ S89°57'14"W EI>SEI~ENT--, ·>-20.01 7C.OO ,, 80.00 ~I "' I 30 '0 30.00 30 30.00 w ADDITION N 0 • GRAPHIC SC,\LE 0 30 50 120 (SCAI F I' FFFT) 1 II,CH -60 FEET CITY OF UNO LAKES COUNTY OF ANOKA SEC. 25, TWP . .31, RGE. 22 DRAINAGE AND UllLITY EASEMENTS ARE SHOWN THUS: u I I , I I o-~-~ r- I I _j 1 I 0 ' I L~-5 I ___ t_ ____ j L _____ j_ __ I ' being 5 feet In width, and adjoining side lot lines, and 10 feet In width and adjoining right of woy lines and rear lot lines unless otherwise shown on this plat. For the purposes of this plat, the most southerly line of Outlot B, NORTHPOINTE 3RD ADDillON is assumed to have a bearing of South 89 degrees 57 minutes 14 seconds West. Denotes 1/2 Inch by 14 Inch Iron monument set or to be set within one year of recording of this plat and marked with license number 40361 Denotes Found Iron Monument, marked with license number 40361 unless otherwise noted Denotes Wet Land location (()Carlson McCain ENVIRONMENTAL • ENGINEERING • SURVEYING SHEET 2 OF 2 SHEETS NorthPointe 4th Addition Development Agreement July 11, 2016 page 17 ATTACHMENT C Securities, Escrows & Fees 7/5/2016 ATTACHMENT C PROJECT: NorthPointe 4th Addition NUMBER OF REU's:31 APPLICANT: Tony Emmerich Construction, Inc NO. OF LOT FRONTAGES 31 AREA(Lots, R/W, Outlot D):14.8 IMPROVEMENTS COST DEVELOPER IMPROVEMENT COSTS SITE GRADING $0 EROSION CONTROL $8,000 LANDSCAPING $6,500 TRAIL AND SIDEWALK $20,480 STREETS $257,494 STORM SEWER CONST.$117,904 SANITARY SEWER CONST.$270,908 WATERMAIN CONST.$177,436 ENGINEERING & SURVEYING $6,000 Total $864,723 Public Improvement Surety Amount X 125%$1,080,904 CITY IMPROVEMENT COSTS TRUNK SANITARY SEWER $95,263 TRUNK SANITARY SEWER CREDIT TRUNK WATERMAIN $126,139 TRUNK WATERMAIN CREDIT ($59,404) TOTAL TRUNK SEWER & WATER FEES $161,998 SURFACE WATER MANAGEMENT $93,353 SURFACE WATER MANAGEMENT CREDIT ($15,452) TOTAL SURFACE WATER MANAGEMENT FEES $77,902 Total $239,900 Letter of Credit Amount X 35%$83,970 ESCROW PLANNING REVIEW $1,500 ADMINISTRATION $25,950 ENGINEER PLAN REVIEW $7,500 ENGINEER CONSTRUCTION SERVICES $22,500 PROJECT FINAL DOCUMENTS & CITY ENGINEER $2,500 STREET LIGHT INSTALLATION $10,000 STREET & STORMWATER MAINTENANCE $2,500 PROPERTY TAXES $5,000 BOULEVARD TREE PLANTING $15,035 Total $92,485 DEVELOPMENT FEE DEPOSIT PARK DEDICATION $77,500 PARK DEDICATION CREDIT (4.59 acres)($114,750) TOTAL PARK DEDICATION FEES ($37,250) SEAL COATING FEE $17,375 AERIAL PHOTO FEE $2,790 STREET LIGHTING OPERATION $420 Total $20,585 SUMMARY OF COSTS PUBLIC SURETY DEVELOPER IMP'MENT COSTS $1,080,904 LETTER OF CREDIT CITY IMPROVEMENT COSTS $83,970 ESCROW $92,485 DEVELOPMENT FEES $20,585 CITY OF LINO LAKES RESOLUTION NO. 16-70 APPROVING PUBLIC IMPROVEMENT SURETY AGREEMENT NORTHPOINTE 4TH ADDITION WHEREAS, the City Council adopted Resolution No. 16-65 on July 11, 2016 approving the Development Agreement and Planned Unit Development Agreement (PUD Agreement) for NorthPointe 4th Addition; and WHEREAS, the PUD Agreement requires financial security of Developer Improvements; and WHEREAS, the Developer is providing the financial security for Developer Improvements with a Public Improvement Surety Agreement. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby approves the Public Improvement Surety Agreement for NorthPointe 4th Addition. Adopted by the Council of the City of Lino Lakes this 11th day of July, 2016. The motion for the adoption of the foregoing resolution was introduced by Council Member _______________and was duly seconded by Council Member ________________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: _______________________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk 1 PUBLIC IMPROVEMENT SURETY AGREEMENT NorthPointe 4th Addition THIS AGREEMENT is entered into on ____________, 2016, by ____________________________ (hereinafter "Escrow Agent"), City of Lino Lakes (hereinafter "City"), and Tony Emmerich Construction, Inc. (hereinafter "Developer"). RECITALS WHEREAS, City and Developer have entered into a Development Contract and Planned Unit Development Agreement dated __________ pursuant to which Developer has agreed to deposit certain funds as identified in Paragraph 2 below in escrow in lieu of a letter of credit; and WHEREAS, Developer agrees to privately construct improvements serving NorthPointe 4th Addition, legally described on Attachment A. The Final Plat is attached hereto as Attachment B; and WHEREAS, City and Developer desire that Escrow Agent disburse the advances and Escrow Agent is willing to do so on the terms and conditions hereinafter set forth yet not providing any title or mechanic lien clearance services; and WHEREAS, capitalized terms used, and not otherwise defined herein, shall have the meanings set forth in the Development Contract & Planned Unit Development Agreement; and NOW THEREFORE, in consideration of the foregoing recitals and other good and valuable consideration, it is agreed between the parties as follows: 1. Developer will deposit escrowed funds in the amount of $1,080,904.00 with Escrow Agent. 2. The Escrow Agent is authorized and directed to disburse the funds deposited hereunder to Developer to pay the costs of construction of the identified improvements (See Attachment C) to be constructed on the described real property as such property is identified in the Development Contract & Planned Unit Development Agreement. The number of permissible draws and the fees to be charged therefore is as is set forth herein. 3. Prior to each disbursement of funds by the Escrow Agent to the Developer, the City and Escrow Agent must be furnished with the following items: 2 a. Sworn Construction Statement, setting forth all contractors and material suppliers with whom the Developer has contracted, the amounts of each contract, the amounts paid-to-date, the amounts being requested, and the balances due. b. The draw request by the Developer for the requested disbursement. c. Written Approval by the City of the disbursement request, which approval shall (i) not be unreasonably withheld or delayed, and (ii) be provided within ten (10) business days following the date submitted by the Escrow Agent [in accordance with Paragraph 7 below] with confirmation from the Escrow Agent that Developer has provided all of the items required to be submitted under this Paragraph 3. Failure by the City to respond to such request within such 10 business day approval period shall automatically be deemed to be City’s approval to same. Escrow Agent may communicate with City electronically relative to these requests. d. Full or partial, up-to-date lien waivers; plus affidavits supporting lien waivers and releases of lien if necessary, in a form satisfactory to Escrow Agent and City. e. A list showing each Contractor/Vendor to be paid from the current Draw Request, the amount of payment, and the category of cost as shown on the Sworn Construction Statement for which such payment are to be made. f. Such other supporting evidence as may be reasonably requested by the City or Escrow Agent to substantiate all payments that are to be made out of the relevant Draw Request and/or to substantiate all payments, then made with respect to the Project. 4. Escrow Agent’s charges for all of the escrow services to be provided for pursuant to this Agreement are $150.00 per draw. 5. No draw requests shall be made by Developer while another is pending or in the event the City has declared default under the Development Contract & Planned Unit Development Agreement. 6. At the time of submission of the final Draw Request, which shall not be submitted before completion of the Project, including all landscape requirements, Developer shall submit to City and Escrow Agent, in addition to the requirements listed in Paragraph 3 above the following: a. A written lien waiver from all Contractors for work done and materials furnished for the Project. 3 b. Such other supporting evidence as may be reasonably requested by the City or Escrow Agent to substantiate all payments, which are to be made out of the final Draw Request and/or to substantiate all payments, then made with respect to the Project. c. Satisfactory evidence that all work requiring inspection by Governmental Authorities having jurisdiction, including the City, has been duly inspected and approved by such authorities and that all requisite certificates of occupancy, if applicable, and other approvals have been issued. d. Final Sworn Construction Statement. e. The Developer’s general contractor shall submit a 2 year warranty bond, in a form satisfactory to the City Attorney, from the date of Project acceptance and all required IC-134 documents. 7. Not later than five business days following receipt of the documents delivered to it pursuant to the above paragraphs, the Escrow Agent will notify in writing the City as to whether the delivered documents are satisfactory to it. If documents are missing, the Escrow Agent will advise City and Developer. If the documents are supplied to the satisfaction of the City and Escrow Agent, Escrow Agent will within 3 business days transmit to the Developer the amount applied for in the relevant draw request. 8. Developer will pay parties identified in the relevant draw request, the amounts shown therein. Payment will only be made upon receipt of signed lien waivers for the amount requested. 9. The Escrow Agent will keep and maintain books and records in sufficient detail to reflect the disbursements made by it hereunder. City and Developer may, during normal business hours, examine the books and records of Escrow Agent pertaining to the disbursements made by it hereunder. The Escrow Agent shall notify the City and Developer when fund balance is less than $25,000. 10. No liability is assumed by Escrow Agent or City to the Developer or contractors as regards protection against mechanic's lien or title claims. 11. Functions and duties assumed by the Escrow Agent include only those described in this Agreement, and the Escrow Agent is not obligated to act except in accordance with the terms and conditions of this Agreement. Escrow Agent does not insure that the building or construction will be completed, or that the building when completed will be in accordance with the plans and specifications, or that sufficient funds will be available for completion. The funds placed in escrow shall be maintained in a non-interest bearing account 4 12. Escrow Agent acknowledges receipt of escrowed funds upon execution of this document. 13. This Agreement shall be binding upon the parties hereto and their respective successors and assigns. 14. This Agreement can be amended or modified only by a written Amendment, written and signed by all of the parties hereto. 15. Escrow Agent shall place all received funds in a FDIC insured account. 16. Prior to the execution of this Agreement, the Escrow Agent shall submit financial statements to the City Attorney for review and approval. 17. If directed by the City in its reasonable business judgment, the Developer shall submit additional security to address change orders or unanticipated Project costs which costs will be reasonably agreed upon by the City and Developer. 18. The parties hereto, agree that each party’s legal cost incurred to draft and / or negotiate this Agreement on behalf of such party shall be the sole responsibility of the party incurring same. 19. Time is of the essence as to each provision of this Agreement. 20. All notices required or permitted under this Agreement shall be (i) delivered to the addresses set forth below, and (ii) mailed, delivered or transmitted by one party to the other(s) and such notice shall be deemed given and effective: upon receipt if personally delivered; upon receipt if sent by telecopy or electronic mail; upon receipt or upon the date of first attempted delivery, if sent by certified or registered mail with postage prepaid, return receipt requested, or if sent by Federal Express or other nationally recognized carrier service; or upon receipt if sent in any other way. Any party hereto may from time to time, by written notice to the other parties, designate a different address which shall be substituted for the one specified below. 21. In the event the City declares default under the Development Contract & Planned Unit Development Agreement this Escrow agreement shall terminate and all funds held in escrow shall be remitted to the City for application to obligations specified under the Development Contract & Planned Unit Development Agreement Escrow Agent: ________________________ ________________________ ________________________ ________________________ 5 City: City of Lino Lakes Attn: Michael Grochala 600 Town Center Parkway Lino Lakes, Minnesota 55014 Developer: Tony Emmerich Construction, Inc. Attn: Baleen K. Roberts, President 4920 173rd Avenue NE Ham Lake, Minnesota 55304 22. This Agreement may be executed in any number of counterparts, each of which shall be an original but all of which shall constitute one and the same instrument. The delivery of an executed counterpart of this Agreement by facsimile or PDF or similar attachment to an email in accordance with Paragraph 21 above shall constitute effective delivery of such counterpart for all purposes with the same force and effect as the delivery of an original, executed counterpart. 23. All remaining funds, following City review and approval, shall be sent to the Developer in a timely manner. 6 ESCROW AGENT _________________________ Escrow Agent STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this _______ day of _______________, 2016, before me, a Notary Public within and for said County, personally appeared __ _ (Escrow Agent), who executed the foregoing instrument. ______________________________ Notary Public 7 DEVELOPER CITY OF LINO LAKES By ______________________ By _________________________ Baleen K. Roberts, President Mayor Its ______________________ Tony Emmerich ATTEST: Construction, Inc. By _________________________ City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this _______ day of _______________, 2016, before me, a Notary Public within and for said County, personally appeared _________________ (Mayor) and ____________________ (City Clerk), to me known to be respectively the Mayor and Clerk of the City of Lino Lakes, and who executed the foregoing instrument and acknowledge that they executed the same on behalf of said City. ______________________________ Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this _______ day of _______________, 2016, before me, a Notary Public within and for said County, personally appeared __ _ (Developer), who executed the foregoing instrument. ______________________________ Notary Public This instrument was drafted by: City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 NorthPointe 4th Addition Development Agreement July 11, 2016 page 15 ATTACHMENT A Legal Description Outlot B, NORTHPOINTE 3RD ADDITION, according to the recorded plot thereof, Anoka County, Minnesota. NorthPointe 4th Addition Development Agreement July 11, 2016 page 16 ATTACHMENT B Final Plat NORTHPOINTE 4TH ADDITION KNOW ALL PE~SC~1S BY THESE PRESE~ITS: That Tony Emmericr Construccion, ne,, o Minnesota corporction, owrer cf the followirg described :>roperty: Outlot B, NORTHI'OII~TE 3RD A.DJITION, cccording to the recorced plot hereof, A.noko Gounty, f~inresoto. Has co usee the s>Jnc to be surveyed and plattec as NORTHPOirHE 4-H ADD IT ON and docs hereby dedicate to t'le f!l,blic: for :JIJhlic: USe the rmhlic: WCl)IS nnrl the ciroino~e nnrl lJtility f:CJSemerts ClS shown :Jn this riot. In witness whereof said Tony Ernrrerich Co1struct'on, Inc., a rvlinnesota corpDroticn, hcs caused t1ese presents to oe sigced by its proper ofiicer this day of 20 TONY EMMERICH CONSTRUCTION, INC. Baleen K. Roberts, Pr·eside··,t STATE OF ____ _ COUNTY OF ----- This instrumert Nos acknowledcJed before me on by Baleen -<. Roberts, Pr-esic]ent of Tony Fmmer-ich C:cnstruction, Inc., o MinrlescJtcJ corpcrotion, on beholf of the corporotion. Notary Public, My cmT1mission ex:Jn~s DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: (NOT TO SCALE) I I I I o-~l r- 1 I I I 0 -1 l~-5 0 I I I I " --~----~ L----~-- being 5 feet in width. and adjoining side lot lines. and 10 feet in width and adjoining right of woy lines and rear lot lines unless otherwise shown on this plat. Denotes Right of Access dedicated --o --to Anoka County per tho plat of NORTHPOINlE Denotes Right of Access dedicated __ 6 __ to the State of Minnesota per the plat of NORTHPOINlE N For the purposes of this plat. the most southerly line of Outlot B. NORTHPOINlE 3RD ADDITION is assumed to have a bearing of South 89 degrees 57 minutes 14 seconds West. e,j ,_, 66 ---1 I ili ili lili .Jlli. ---Denotes Wet Land location Tromcs R. Bolluff d:> hereby certify that this plat was prepwec by me or urder my direct supervision; that orr a duly Licensed Land Surveyor in the State of ~linnesota; that this plat is a correct represencation of tre ooundary survey; that a I rratherratieal data and lcbels ere correctly designated on tris pat; that al 'Tlonuments deoicled on his plot have beer, or will be correctly set vdhin one yew; trot oil water bo~ndaries and wet lands, as ce"'ined i1 ~Jiinres::Jto Statutes, Secti::::m 50.5.01, Subd. 3, as of the d,'Jte of this certifico-::e ore shown and lacclcd on tris plot; and all pual·e ways ore shown one labclce on chis plct. Jated -::his ___ day of LO -~ Thomas R. Balluff, Licensed Lane Surveyor ~linnesoto Licerse ~b. 4J361 STATE OF COUNTY OF ____ _ This 'nstr-.Jment was ccknowl;:;dged ::Jefore me on ~lotary Public, My commission exprres CITY COUNCIL, CITY OF UNO LAKES, MINNESOTA oy Tromcs R. Bclluff. This plat of NORTH POINTE 4TH ADDITIC~J wcs cppr:1ved and accepted by the Cicy Cocncil of the C ty cf _ino _okes, Mirrnesoto ot •J r·egclu meetirg theceof held this day of 20_ and said plot is in complance with the provisions of Min1esota Statutes, Section 585.03, :i~bd. 2. CITv COU~C L, CITY OF LI~IO LII.KES, \IIINNESOTA ~ y: _______________ , Mo yor ;:: ioo DO ;.,· Nit) 0 U) DN 0 z By ______________________ , Clerk ~11\/JT, l')f'I~ITI- 1 'J\_J,-\ I //,-\_/II~ I L_ GRAPriC SCALE 0 60 1 20 24,] Denotes 1/2 Inch by 14 Inch Iron monument set C or to be set with in one year of recording of this plat and marked with license number 40361 Denotes Found Iron Monument. marked with • license number 40361 unless otherwise noted (SC~.LE I~ FEET) I I~CH ~ 120 FEE- 662.83 1129.09 S89°57'14"W CITY OF UNO LAKES COUNTY OF ANOKA SEC. 25, TWP. 31, RGE. 22 COUNTY SURVEYOR I hereby cecllfy that in accordance with Minnesota Scatc tes, Sectior 505.021, Subd. 11, this pat has beerl reviewed ond approved this doy of 20 By: ____________________________________ _ _orry =::. Hoium ll.noka Cocnty Surveyor COUNTY AUDITOR/TREASURER Puouuril lu \llirllleoulu Slululeo, Secliurl :JO:J.021, SuLJ. S, luxe,; rouyuule in lhe yeur 20_ Ull lhe land hereirbefcre cescribed rave been paid. 1\lso, pursuant to Mi1nesota Scatctes, Sectior 272.12, ihP-re CJre r10 delinquf:ni lcJXeS cmcJ lr:mslt-:r enlered lhis dCJy or 20 Pcopecty Tax Administrator By ___________________________ , Je put y COUNTY RECORDER/REGISTRAR OF TITLES County of A1oko, State :Jf f~inresota I her-eby cectify that this pat of NORTHPOINE 4TH ADDIT 0~1 was filed rn the office of the County Recorder/Re~istrar of -itles for public record on this day of 20_ ct o'clock __ .~1. and was duly recorded rn Book _______ _ nnclJilt=:nt r'umbcr I I ..-(' I I I 0 I County Recorder /Registrar of -itles By __________________________ , Deputy S7;c4088}J ~-... 04"[ I-, I I I I I J. ... I ~ I ~ I I / I I I I -... _,_ -I I I C) -,. "'- I I I I I I I I I I I I I I I I I I I I I I I Poqe ___ ~ I I I I I as ENVIRONMENTAL· ENGINEERING· SURVEYING SH::.ll 1 Cc 2 SHlll S INSET 'A' 108.69 150.77 NORTHPOINTE 4TH ' ...... ' 136.62i ------, I I I 1 30.00 ( 30.00 50.00 1'89'36'52"E J. ' l) ' ' '<.." ' ' OUTLOT A N88"19'38"E 582.14 J. ' ...... ' ' 0 V> w "'" oco h::::i "' o" 0 V> ro me ,..: 61 co, ~ I 'll )L 8 -__15_2.87 30 I I J ro 1 ~I I I ,,, I :;: ::: ·c--LO ~ ~ ;;:;o ROSEWOOD 26o.o1 STREET 1 'i ~-g--+__.-:=-------,89'57'~-------; -, 762.01 --~ S89°57'14"W EI>SEI~ENT--, ·>-20.01 7C.OO ,, 80.00 ~I "' I 30 '0 30.00 30 30.00 w ADDITION N 0 • GRAPHIC SC,\LE 0 30 50 120 (SCAI F I' FFFT) 1 II,CH -60 FEET CITY OF UNO LAKES COUNTY OF ANOKA SEC. 25, TWP . .31, RGE. 22 DRAINAGE AND UllLITY EASEMENTS ARE SHOWN THUS: u I I , I I o-~-~ r- I I _j 1 I 0 ' I L~-5 I ___ t_ ____ j L _____ j_ __ I ' being 5 feet In width, and adjoining side lot lines, and 10 feet In width and adjoining right of woy lines and rear lot lines unless otherwise shown on this plat. For the purposes of this plat, the most southerly line of Outlot B, NORTHPOINTE 3RD ADDillON is assumed to have a bearing of South 89 degrees 57 minutes 14 seconds West. Denotes 1/2 Inch by 14 Inch Iron monument set or to be set within one year of recording of this plat and marked with license number 40361 Denotes Found Iron Monument, marked with license number 40361 unless otherwise noted Denotes Wet Land location (()Carlson McCain ENVIRONMENTAL • ENGINEERING • SURVEYING SHEET 2 OF 2 SHEETS NorthPointe 4th Addition Development Agreement July 11, 2016 page 17 ATTACHMENT C Securities, Escrows & Fees 7/5/2016 ATTACHMENT C PROJECT: NorthPointe 4th Addition NUMBER OF REU's:31 APPLICANT: Tony Emmerich Construction, Inc NO. OF LOT FRONTAGES 31 AREA(Lots, R/W, Outlot D):14.8 IMPROVEMENTS COST DEVELOPER IMPROVEMENT COSTS SITE GRADING $0 EROSION CONTROL $8,000 LANDSCAPING $6,500 TRAIL AND SIDEWALK $20,480 STREETS $257,494 STORM SEWER CONST.$117,904 SANITARY SEWER CONST.$270,908 WATERMAIN CONST.$177,436 ENGINEERING & SURVEYING $6,000 Total $864,723 Public Improvement Surety Amount X 125%$1,080,904 CITY IMPROVEMENT COSTS TRUNK SANITARY SEWER $95,263 TRUNK SANITARY SEWER CREDIT TRUNK WATERMAIN $126,139 TRUNK WATERMAIN CREDIT ($59,404) TOTAL TRUNK SEWER & WATER FEES $161,998 SURFACE WATER MANAGEMENT $93,353 SURFACE WATER MANAGEMENT CREDIT ($15,452) TOTAL SURFACE WATER MANAGEMENT FEES $77,902 Total $239,900 Letter of Credit Amount X 35%$83,970 ESCROW PLANNING REVIEW $1,500 ADMINISTRATION $25,950 ENGINEER PLAN REVIEW $7,500 ENGINEER CONSTRUCTION SERVICES $22,500 PROJECT FINAL DOCUMENTS & CITY ENGINEER $2,500 STREET LIGHT INSTALLATION $10,000 STREET & STORMWATER MAINTENANCE $2,500 PROPERTY TAXES $5,000 BOULEVARD TREE PLANTING $15,035 Total $92,485 DEVELOPMENT FEE DEPOSIT PARK DEDICATION $77,500 PARK DEDICATION CREDIT (4.59 acres)($114,750) TOTAL PARK DEDICATION FEES ($37,250) SEAL COATING FEE $17,375 AERIAL PHOTO FEE $2,790 STREET LIGHTING OPERATION $420 Total $20,585 SUMMARY OF COSTS PUBLIC SURETY DEVELOPER IMP'MENT COSTS $1,080,904 LETTER OF CREDIT CITY IMPROVEMENT COSTS $83,970 ESCROW $92,485 DEVELOPMENT FEES $20,585