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HomeMy WebLinkAbout08-26-13 Council PacketEXPANDED AGENDA CITY COUNCIL AGENDA Monday , August 2 6 , 201 3 *********** City Council Meeting 6:30 p.m. (Scheduled to be broadcast on Channel 16 ) City Council: Mayor Reinert , C ouncil Members O’Donnell , Roeser, Rafferty & Stoesz City Administrator: Jeff Karlson COU NCIL WORK SESSION, 5:30 P.M. Community Room (not televised) 1. Sign Ordinance (not discussed) 2. Review Regular Agenda ECONOMIC DEVELOPMENT AUTHORITY (EDA), 6:15 P.M. See separate agenda CITY COUNCIL MEETING, 6:30 P.M.  Call to Order – 6:30 p.m.  Roll Call - Co uncil Members Stoesz, O’Donnell, Roeser & Rafferty, and Mayor Reinert were present  Pledge of Allegiance  Open Mike / Public Comment Adam Lamere, Lakes Liquor, asked the council to consider a way to limit the number of off -sale liquor licenses allowed in the city  Setting the Agenda: Addition or deletion of agenda items The agenda was a mended to postpone consideration of Item 6b for discussion at the September 3 work session SPECIAL PRESENTATION Swearing -In of Police Officer Nathan Hamann 1. CONSENT AGENDA A) Consideration of Expenditures: i) August 26 , 20 13 (Check No. 96206 through 96321 ) in the amount of $376,232.10 ; ii) Centenni al Fire District (Check No. 5951 through 5966 ) in the amount of $43,201.07 ); Council Agenda -2 - August 26, 2013 B) Consider approval of August 5 , 2013 Work Sess ion Minutes Council Member Roeser absent C) Consider approval of August 12 , 2013 Council Meeting Minute s Council Member Stoesz absent D) Consider approval of August 12, 2013 Closed Session Minutes Council Member Stoesz absent E) Consider approval of Augu st 12 , 2013 Special Budget Session Minutes Council Member Stoesz absent Ac tion Taken: Motion by Rafferty, seconded by Stoesz , to approve Co nsent Agenda Items 1A as presented, was adopted Motion by O’Donnell, seconded by Rafferty, to approve Consent Item 1B as presented, was adopted; Council Member Roeser ab stained from voting Motion by Rafferty, seconded by Roeser, to approve Consent Items 1C through 1E as presented was adopted; Council Member Stoesz abstained fr om voting 2. FINANCE DEPARTMENT A) Consider Seco nd Reading of Ordinance No. 06 -13 , Amending Ordinance No. 12 -12, The 2013 City Of Lino Lakes Fee Schedule , By Providing For Utility Fees For Vacant Buildings Connected To City Utilities, Al Rolek Ac tion Taken: Motion by Roeser, seconded by O’Donnell , to approve the 2 nd Reading and passage of Ordinance No. 06 -13 as presented, was adopted ; Yeas, 5; Nays none 3. ADMINISTRATION DEPARTMENT A) Consider Authorizing Hiring Temporary Part -Time Scanner Operator, Jeff Karlson Ac tion Taken: Motion by Stoesz, s econded by Rafferty , to approve hiring as requested , was adopted 4. P UBLIC SAFETY DEPARTMENT A) Consider 1 st Reading of Ordinance 10 -13, Amending Section 504.02 Lino Lakes Code of Ordinance relating to Firearms, allowing bow hunting in certain areas of the city , John Swenson Ac tion Taken: Motion by O’Donnell, seconded by Roeser , to approve the 1st Reading of Ordinance No. 10 -13 as presented, was adopted 5. PUBLIC SERVICES DEPARTMENT A) Consider Authorizing R eplac ement of Streets Maintenance Positi on, Rick DeGardner Ac tion Taken: Motion by Rafferty, seconded by Roeser , to approve hiring as requested, was adopted Council Agenda -3 - August 26, 2013 6. COMMUNITY DEVELOPMENT DEPARTMENT A ) 2235 Arthur Court Accessory Building , Katie Larsen i. Consider Resolution No. 13 -89 Approvin g Variance to Allow for Second Driveway Access for 2235 Arthur Court Ac tion Taken: Motion by Roeser, seconded by O’Donnell , to approve Resolution No. 13 -89 as presented, was adopted ii. Public Hearing, Consider 1 st Reading of Ordinance No. 09 -13 Vacatin g a Portion of the Drainage and Utility Easement -Lot 6, Block 2, Clearwater Creek Ac tion Taken: Motion by O’Donnell, seconded by Roeser , to approve the 1st Reading of Ordinance No. 09 -13 as presented, was adopted B ) Consider PUD Concept Plan for Emmeric h Development Corporation, Katie Larsen (postponed for discussion at September work session) C ) 21 st Avenue Improvement Project, Michael Grochala i. Consider Resolution No. 13 -90 , Approving Petition and Waiver Agreement with ALino, LLC, 21 st Avenue Imp rov e men ts Ac tion Taken: Motion by Roeser, seconded by Rafferty , to approve Resolution No. 13 -90 as presented, was adopted ii.) Consider Resolution 13 -91 , Approving Joint Powers Agreement with City of Centerville, 21 st Avenue Improvement Project Ac tion Taken: Motion by Roeser seconded by Stoesz , to approve Resolution No. 13 -91 as presented, was adopted D ) Ordinance 07 -13, Michael Grochala i. Consider 2 nd Reading of Ordinance No. 07 -13, Amending Section 3, Subdivision 4.Q. of the Lino Lakes Zoning O rdinance Entitled Required Screening, Landscaping , and Buffer Yards Ac tion Taken: Motion by O’Donnell, seconded by Rafferty , to approve the 2nd Reading and passage of Ordinance No. 07 -13 as presented, was adopted ; Yeas, 5; Nays none ii. Consider Resol ution No. 13 -92, Approving Summary of Ordinance No. 07 -13 for Publication Ac tion Taken: Motion by Roeser, seconded by Stoesz , to approve Resolution No. 13 -92 as presented, was adopted Council Agenda -4 - August 26, 2013 E ) Ordinance 08 -13, Michael Grochala i. Consider 2 nd Reading of Ordi nance No. 08 -13 , Amending Chapter 403 of the Lino Lakes City Code – Indiv idual Sewage Treatment Systems, Mike Grochala Ac tion Taken: Motion by Roeser, seconded by Rafferty , to approve the 2 nd Reading and passage of Ordinance No. 08 -13 as presented, was adopted ; Yeas, 5; Nays none ii. Consider Resolution No. 13 -93, Approving Summary of Ordinance No. 07 -13 for Publication Ac tion Taken: Motion by Roeser, seconded by Rafferty , to approve Resolution No. 13 -93 as presented, was adopted 7. UN FINISHED BUS INESS None 8. NEW BUSINESS None Adjournment Motion by O’Donnell to adjourn at 7:22 p.m., seconded by Roeser , was adopted Following adjournment of the regular meeting, the Council will reconvene to a special closed session to discuss assessment mediati on Community Calendar – A Look Ahead August 2 7 , 201 3 through September 9 , 201 3 Tuesday , September 3 5:30 pm, Community Room Council Work Session Tuesday , September 3 6:30 pm, Council Chambers Park Board Thursday, September 5 8:00 am, Community Room E DAC Monday, September 9 6:30 pm, Council Chambers City Council Meeting AGENDA ECONOMIC DEVELOPMENT AUTHORITY MEETING MONDAY , AUGUST 26 , 2013 6:15 P.M. City Council Chambers 1. Call to Order and Roll Call 2. Consideration of Minutes of May 28 , 2013 3. Resolution No. 13-06, Approving Easement Agreement over Outlot D, Village No. 3 in Favor of Lino Lakes Assisted Living, LLC 4. Adjourn EDA MINUTES MAY 2 8, 2013 DRAFT 1 DATE : May 28, 2013 TIME STARTED : 6:04 p.m. TIME ENDED : 6:10 p.m. MEMBERS PRESENT : Commissioners O’Donnell, Roeser, Reinert, Rafferty , Stoesz MEMBERS ABSENT : None OTHERS PRESENT: : Michael Grochala The meeting was called to order at 6:00 p.m. by President R oeser . CONSIDERATION OF THE MINUTES OF MARCH 25 , 2013 EDA Member Rafferty moved to approve the March 25 , 2013 minutes. EDA Member Stoesz secon ded the motion. Motion carried on a unanimous voice vote. CONSIDERATION OF APPOINTMENT OF MICHAEL GROCHALA AS SECRETARY OF THE EDA Mr. Grochala noted that the former secretary of the EDA, Mary Alice Divine, has retired from her position and her position is not being filled at this time. Since it is necessar y to have a secretary in place, he will take over the duties and requests that the authority officially appoint him to the position. EDA Member O’Donnell moved to approve the appointment of Michael Grochala as recommended . EDA Member Rafferty seconded th e motion. Motion carried on a unanimous voice vote. RESOLUTION NO. 13 -05, APPROVING 2013 MINNESOTA LAWS, CH. 73, SECTION 10, REGARDING CONVEYANCE OF TAX FORFEITED LAND Mr. Grochala explained that the city was granted special legislation by the State to provide for conveyance of the tax forfeited Legacy property. It is necessary for the EDA to approve the legislation for final recording. EDA Member Rafferty moved to approve Resolution No. 13-05, as presented. EDA Member Stoesz seconded the motion. Motion carried on a unanimous voice vote. ADJOURNMENT There being no further business, EDA member O’Donnell moved to adjourn. EDA Member Rafferty seconded the motion. Motion carried on a unanimous voice vote. Meeting adjour ned at 6:10 p.m. LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY AGENDA ITEM 3 STAFF ORIG INATOR: Michael Grochala MEETING DATE: August 26, 2013 TOPIC: Consi deration of Resolution No. 13 -06, Approving Easement Agreement with Lino Lake s Assisted Living, Outlot D, Village No. 3 VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting Board consideration of a resolution to approve an easement agreement in favor of Lino Lakes Assisted Living, LLC across Outlot D, Village No. 3. B ACKGROUND The original plan s for the Assisted Living building included a new access on the southeast side of the property. This proposed access location was approximately 5 feet from a neighboring property access point and required the relocation of Ci ty utilities, a street light, and disturbance to the existing street . The existing access to the east was originally intended to serve both the Assisted Living site and the adjacent townhome property. The joint access was not considered with the approved plans because the city did not yet own the property. With the approval of the special legislation the City will soon hold fee title to the abutting property and would be in a position to grant an access easement in favor of the Assisted Living property. This would allow the driveway to be shifted and avoid the expense and disturbance associated with creating a new access point. This idea was shared with the City Council at the June 3, 2013 work session and received positive comments. Staff has pre pared an agreement to accommodate the relocation of the drive. Lino Lakes Assisted Living will be responsible for all construction costs (included as part of their site development), and all ongoing maintenance of the driveway. The agreement does provide for a cost share arrangement if the driveway is used by a future owner of Outlot D. RECOMMENDATION Approve Resolution No. 13-06 ATTACHMENTS 1. Resolution No. 13-06 427348v5 SJB LN140 -109 LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. 13 -06 APPROVING A N EASEMENT AGREEMENT BETWEEN THE LINO LAKES ECO NOMIC DEVELOPMENT AUTHORITY AND LINO LAKES ASSISTED LIVING, LLC BE IT RESOLVED By the Board of Commissioners ("Board") of the Lino Lakes Economic Development Authority ("Authority") as follows: Section 1. Recitals . 1.01. The Authority previously conveyed certain property described as Lot 1, Block 1, The Village No. 5, according to the recorded plat thereof, Anoka County Minneso ta (the “LLAL Parcel”) to Lino Lakes Assisted Living, LLC (“LLAL”). 1.02. Pursuant to 2013 Minnesota Laws, Chapter 73, Section 10 , t he Authority expects to acquire certain tax -forfeited property described as Outlot B, The Village No. 3, according to th e recorded plat thereof, Anoka County Minnesota (the “EDA Parcel ”), which parcel is adjacent to the LLA Parcel . 1.03. To facilitate development of the LLAL Parcel, the Authority has determined to grant to LLAL an easement across a portion of the EDA Parc el for purposes of a driveway that provides access to the LLA Parcel. 1.0 4. The Board has reviewed terms of a proposed Easement Agreement between the Authority and LLAL (the “Easement Agreement”), describing the terms and conditions of the driveway easem ent. Section 2. Authority Approval; Further Proceedings . 2.01. The Easement Agreement is hereby in all respects approved in the form attached hereto as Exhibit A , subject to modifications that do not alter the substance of the transaction and that are approved by the President and Executive Director, provided that execution of the documents by such officials shall be conclusive evidence of approval. 2.02. The President and Executive Director are hereby authorized to execute, on behalf of the Authorit y, the Easement Agreement, and any documents referenced therein requiring execution by the Authority or otherwise required to effectuate the transactio n described in those documents; provided that the Easement Agreement shall not be executed and delivered to LLAL until the Authority takes title to the EDA Parcel. 2.03. Authority staff and consultants are authorized and directed to take all actions needed to carry out the transactions described in this Resolution. 427348v5 SJB LN140 -109 2 Approved by the Board of Directors of the Lino Lakes Economic Development Authority, this 26 th day of August , 2013. Dave Roeser, President ATTEST: Michael Grochala, Secretary 427348v5 SJB LN140 -109 3 EXHIBIT A Fourth Draft August 22, 2013 This instrument was drafted by: Kennedy & Graven, Chartered (SJB) 470 U.S. Bank Plaza Minneapolis, MN 55402 ______________________________________________________________________________ (Above space reserved for recording data) EASEMENT AGREEMENT (Ingress and Egress) THIS EAS EMENT AGREEMENT (this “Agreement ”) is made this ____ day of ______________, 2013, by and among the Lino Lakes Economic Development Authority, a Minnesota public body corporate and politic (the “EDA ”) and Lino Lakes Assisted Living, LLC, a Minnesota limited liability company (“LLAL”). Except as otherwise provided herein, the EDA and LLAL and are referred to herein as the “Parties .” RECITALS A. The EDA is the owner of property within the City of Lino Lakes (the “City”) described as Outlot B, The Village No. 3, according to the recorded plat thereof, Anoka County Minnesota (the “EDA Parcel ”). B. LLAL is the owner of property within the City described as Lot 1, Block 1, The Village No. 5, according to the recorded plat thereof, Anoka County Minnesota (the “LLAL Parcel”), which property is adjacent to the EDA Parcel. C. LLAL acquired a portion of the LLAL Parcel from the EDA, pursuant to a Purchase and Redevelopment Agreement between EDA and LLAL dated March 11, 2013 (the “Redevelopment Agreement”). D. Un der the Redevelopment Agreement, LLAL is required to construct an expansion of the LLAL’s assisted living facility on the LLAL Parcel, such expansion being referred to in the Redevelopment Agreement as the “Minimum Improvements.” E. In order to accommo date the efficient development of the Minimum Improvements on that LLAL Parcel, the Parties have agreed that LLAL will construct a driveway that provides ingress and egress from the LLAL Parcel and the EDA Parcel to Town Center Parkway (the “Access Drivewa y ”) such driveway to be located on the EDA Parcel in the location legally described and depicted on Exhibit A attached hereto (the “Access Driveway Easement Area ”). F. The EDA intends to further subdivide the EDA Parcel and sell individual lots to 427348v5 SJB LN140 -109 4 thir d parties for development for various uses; and the future subdivided lot that includes the Access Driveway Area is referred to herein as the “Future Adjacent Parcel.” G. The Parties desire to create and grant pursuant to the terms hereof an easement in, on, over and across the portion of the EDA Parcel described as the Access Driveway for the purposes of ingress and egress, and to allocate construction and maintenance responsibilities among the Parties regarding such Access Driveway, subject to the terms and conditions set forth below. NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties hereby declare as follows: 1. Recitals . The foregoing recitals are true and correct and incorporated herein by reference. The term “Owner ,” as used in this Agreement, shall mean the then current owner of fee simple title to a Parcel. The term “Parcel ” shall mean the LLAL Parcel, the EDA Parcel, or the Future Adjacent Parcel, in each case as the context requires. From and after the Transfer (as defined in Section 13 hereof) of the Future Adjacent Parcel to a third party, the EDA is no longer a Party to this agreement. 2. Grant of Easement for Ingress/Egress . The Parties hereby establish, grant and c onvey a perpetual, non -exclusive access easement for vehicular and pedestrian ingress, egress and access purposes over, on, through the Access Driveway Easement Area. The Access Driveway Easement Area may be used by Owners of the LLAL Parcel and the Future Adjacent Parcel (and, prior to Transfer of the Future Adjacent Parcel, owners of the EDA Parcel), along with their tenants, subtenants and occupants, and their respective employees, customers, agents and invitees in accordance with the terms of this Agreement. Other than as reasonably required in connection with repair and replacement activities, no noxious or offensive odor, appearance or activity or hazardous materials or substances shall be maintained or permitted within the Access Driveway Easement A rea, and no vehicles, equipment, trailers or other portable or temporary structures or equipment shall be repaired or parked within or on the Access Driveway Easement Area. No obstructions shall be erected or permitted within the Access Driveway Easement Area that would prevent, restrict, or otherwise inhibit the passage of vehicles within the Access Driveway Easement Area or on a Parcel, except for temporary obstructions or closures for maintenance, repair and replacement purposes in accordance with Secti on 3, below. 3. Construction and Maintenance of Access Driveway . (a) In connection with its development of the LLAL Parcel, LLAL shall construct the portion of the Access Driveway at its sole cost and expense pursuant to the plans and specification s approved by the Parties dated ________________, 2013 prepared by _________________. LLAL shall complete construction of the Access Driveway by the date LLAL receives a certificate of occupancy from the City of for the Minimum Improvements on the LLAL Parcel. 427348v5 SJB LN140 -109 5 (b) All construction activities for the Access Driveway shall be performed in compliance with all legal requirements and applicable governmental authorities. All construction shall utilize new materials, and shall be performed in a good, safe and worker -like manner. (c) In connection with the construction of the Access Driveway, the EDA hereby grants to LLAL a temporary construction easement for encroachments upon the EDA Parcel (beyond the boundaries of the Access Driveway Easement Area) as is reasonably necessary for the performance of such construction work. LLAL shall use commercially reasonable efforts to minimize any interference with the normal use of the EDA Parcel and shall, at its sole expense, repair any damage to the improvements on the EDA Parcel and, promptly after completion of the work, restore the affected EDA Parcel to substantially the condition it was in immediately prior to such work. (d) Prior to Transfer of the Future Adjacent Parcel to a third party, LLAL and any sub sequent Owner of the LLAL Parcel shall, at its cost, keep and maintain the Access Driveway in good order and condition, and repair and replace the surface of the Access Driveway as reasonably required to keep such area in good order and condition, ordinary wear and tear excepted. Such maintenance work shall include, without limitation, removal of dirt and snow, removal of trash and debris, patching and sealing driveways and parking surfaces, removing and replacing the driveways and parking surfaces within the Access Driveway Easement Area as may be required from time to time, keeping and maintaining any lighting serving the Access Driveway from time to time in good operating condition, and cleaning, trimming, and maintaining any landscaping located within t he portion of the Access Driveway Easement Area. (e) From and after Transfer of the Future Adjacent Parcel to a third party, the Owner of the LLAL Parcel shall undertake the maintenance responsibilities described in paragraph (d). All out -of-pocket cost and expenses incurred by the owner of the LLAL Parcel to maintain and repair the Access Driveway Easement Area shall be shared equally by owners of the LLAL Parcel and the Future Adjacent Parcel. The Owner of the Future Adjacent Parcel shall, within t hirty (30) days after receipt, from the Owner of the LLAL Parcel, of an invoice setting forth the maintenance, repair and replacement costs incurred by the Owner of the LLAL Parcel, reimburse the Owner of the LLAL Parcel for its 50% share of such costs. (f) Notwithstanding anything to the contrary contained in this Agreement, in the event of the failure of an Owner to perform all or any portion of its responsibilities under this Section 3 with respect to the Access Driveway Easement Area, including wi thout limitation, payment of costs, within thirty (30) days after written notification from the non -defaulting Owner, or such lesser period as is required in an emergency or due to weather conditions such as accumulated snow or ice, or if not reasonably ca pable of cure within thirty (30) days such longer period as is reasonably required to perform the same with due diligence, the non -defaulting Owner may cause such responsibilities to be performed or paid at the expense of the non - defaulting Owner, and the defaulting Owner shall reimburse the non -defaulting Owner Parcel within thirty (30) days after receipt of an invoice therefore. In the event the Owner of the LLAL Parcel performs such work and is not reimbursed within such thirty (30) day period, the amou nts owed to Owner of the LLAL Parcel thereafter include interest at the rate of 5% annum, until fully paid. 427348v5 SJB LN140 -109 6 4. Insurance . The Owner of the LLAL Parcel, and each future Owner of the Future Adjacent Parcel, shall maintain at all times their own commercial general liability insurance against claims for personal injury or death and property damage on the their respective Parcel in amounts deemed prudent and reasonable according to industry standards. Each Owner shall also maintain or cause to be maintained on behalf of itself and any mortgagees, commercial general liability insurance with combined single limit coverage for bodily injury, personal injury and property damage of not less than $2,000,000, and which shall include contractual liability and indemni ty coverage, with respect to the Access Driveway Easement Area. This Section does not apply to the EDA prior to conveyance of the Future Adjacent Parcel to a third party. 5. Indemnification; Waiver of Subrogation . It is expressly understood and agr eed that the Parties do not assume any liability for the negligent acts or willful misconduct of any other Party or such Party’s agents, servants, successors and assigns as it relates to this Agreement and the operation, repair, replacement and/or maintena nce of the Access Driveway Easement Area. Each Party shall indemnify, protect, defend and hold harmless the other Parties, their agents, employees, customers, invitees and related persons and entities from and against any and all losses, damages, liabilit ies, suits, obligations, judgments, injuries, claims, demands, costs and expenses, including without limitation legal and consultant expenses of any kind whatsoever, due to loss of life or injury to persons or property, which may arise out of or relate to the indemnifying Party’s use of the Access Driveway Easement Area or any third party claiming through or under such indemnifying party’s use of the Access Driveway Easement Area, except only to the extent any such losses, damages, liabilities, suits, obligations, judgments, injuries, claims, demands, costs and expenses arise out of or relate to the negligence or willful misconduct of the indemnifying Party or anyone claiming through or under such Party. The indemnities and assumptions of liabilities provid ed in this Section 5 shall continue in full force and effect notwithstanding the termination of this Agreement or the easement granted herein, whether by expiration of time, by operation of law, or otherwise. Notwithstanding anything to the contrary conta ined herein, the Parties hereby release one another and their respective officers, directors, agents, and employees from any and all liability (to the other or anyone claiming through or under them by way of subrogation or otherwise) for any loss or damage covered by property or liability insurance, even if such loss or damage was caused by the fault or negligence of such Party, or anyone for whom such Party may be responsible. 6. Notice . Any notice required or permitted to be given by any Party upon ano ther Party is given in accordance with this Agreement if it is directed to the applicable Party and mailed by United States registered or certified mail, return receipt requested, postage prepaid; or if deposited cost paid with a nationally recognized, rep utable overnight courier, properly addressed as follows: EDA: Lino Lakes Economic Development Authority 100 Civic Center Parkway Lino Lakes, MN 55337 Attention: Community Development Director LLAL: Lino Lakes Assisted Living, LLC 427348v5 SJB LN140 -109 7 PO Box 6124 St. Cloud, MN 56302 Attention: Stephen Upgren A Party may change its address for notice purposes by written notice to the other Parties in accordance with the requirements set forth above. The date of such notice will be deemed to have been the date on which such notice is delivered or attempted to be delivered as shown by the certified mail return receipt or a commercial delivery service record. All notices shall be addressed to the current address of record for an Owner as indicated on the property tax records maintained by the Anoka County Assessor’s office for the LLAL Parcel and the EDA Parcel. 7. Default and Remedies . In the event of any violation by a Party of any of the provisions of this Agreement, in addition to the right to collect damages, the non -violating Party will have the right to enjoin such violation in a court of competent jurisdiction. Before commencement of any such action, written notice of the violation will be given to violating Party specif ying the claimed violation. In addition, in the event that a Party fails to perform any of the provisions of this Agreement or violates any of the provisions hereof, the non -defaulting Party(ies) may cure such default; provided, however, that written notice of such intention, specifying the nature of the alleged default and the actions to be performed, has been given to the defaulting Party not less than thirty (30) days prior to the commencement of such action or such lesser time if, in the reasonable jud gment of the non -defaulting Party(ies), such default is emergency in nature. If the non -defaulting Party(ies) elects to perform the action to have been performed by the defaulting Party, on completion of such action, an itemized statement of the costs the reof will be submitted to the defaulting Party, and the amount thereof will be immediately due and payable by the defaulting Party to the non -defaulting Party(ies), with interest at the rate of 5% per annum, until paid. 8. Third Party Approvals . Except for the Parties and American Heritage National Bank (whose consent to this Agreement is attached hereto), there are no tenants, owners, or mortgagees, and there are no leases, agreements or other encumbrances of any nature whatsoever affecting title to a P arcel that would require the consent of any third party to this Agreement. 9. No Dedication . Nothing contained in this Agreement shall be deemed to be a gift or dedication of any portion of either Parcel to the general public or for any public use or purpose whatsoever, it being the intention of the Parties that nothing in this Agreement, express or implied, shall confer upon any person, other than the Parties and their successors and assigns, any rights or remedies under or by reason of this Agreement, provided that the foregoing is not intended to limit the rights of each Owner to use the Access Driveway Easement Area for the purposes expressed above. 10. Invalidity . If any provision of this Agreement, or portion thereof, or the application thereof to any person or circumstances, shall, to any extent be held invalid, inoperative or unenforceable, the remainder of this Agreement, or the application of such provisions or portion thereof to any other person or circumstances, shall not be affected there by; it shall not be deemed that any such invalid provision affects the consideration for this Agreement; and each provision of this Agreement shall be valid and enforceable to the fullest 427348v5 SJB LN140 -109 8 extent permitted by law. 11. Governing Law; Successors and Assigns . This Agreement shall be construed in accordance with the laws of the State of Minnesota. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the Parties, it being the intent hereof that the rights and obligations hereunder shall follow the ownership of the LLAL Parcel and the EDA Parcel, respectively. This Agreement shall run with the land and bind the title to the LLAL Parcel and the EDA Parcel. 12. Modifications; Merger Not Intended . This Agreement may be am ended, modified, or terminated at any time by an agreement in writing, executed and acknowledged by the Owners of the Parcels. Common ownership of any Parcel shall not cause this Agreement to be extinguished by operation of merger in whole or in part. 13. Release . Upon the assignment, conveyance, sale or other transfer by an Owner of its Parcel (“Transferor ”) of its entire right, title and interest in such property (a “Transfer ”), the Transferor shall be released from the obligations of this Agreement a rising after the date on which the instrument effectuating such Transfer is recorded in the official records of Anoka County, Minnesota (the “Record Date ”). The Transfer shall not result in the release of the Transferor from any obligations of the Transferor arising under this Agreement prior to the Record Date, including, without limitation, payment of any amounts which may then be due and owing hereunder. The transferee (“Transferee ”) shall not be personally liable for any default under this Agreement that occurred or accrued, without regard to any applicable cure periods, prior to the Record Date. Upon such Transfer, the Transferee shall execute and file in the appropriate land records in Anoka County, Minnesota, a statement setting forth the name of th e Transferee, the address of the Transferee to which all notices for the purposes of this Agreement shall be sent, the nature of the interest held by the Transferee, and the date that such interest was acquired. The Transferee of any Parcel or any portion thereof, by acceptance of a deed conveying title thereto or the execution of a contract for the purchase thereof, whether from an original Party or from a subsequent Owner of such Parcel, shall accept such deed or contract upon and subject to each and all of the easements, covenants, conditions, restrictions and obligations contained herein. By such acceptance, any such Transferee shall for itself and its successors and assigns, covenant, consent, and agree to keep, observe, comply with, and perform the obligations and agreements set forth herein with respect to the Parcel so acquired by such Transferee. 14. Rights of Lenders . No provision of this Agreement shall in any way defeat or render invalid the lien of any mortgage, deed of trust, or other similar consensual security instrument entered into in good faith and for valuable consideration, whether presently in existence or recorded in the future against any Parcel; however, any lien of this type will be subordinate and subject to the provisions of this Agreement. If any Parcel or portion thereof is purchased in connection with a foreclosure of a mortgage or security instrument or is conveyed to the party so secured in lieu of foreclosure, any person so acquiring or purchasing and its successors and ass igns will hold any and all real property so purchased or acquired subject to the provisions of this Agreement. 427348v5 SJB LN140 -109 9 15. Construction . The rules of strict construction shall not apply to this Agreement. This Agreement shall not be interpreted in favor of o r against any Party merely because of its respective efforts in preparing it. This Agreement embodies the entire agreement and supersedes any prior oral or written agreements with respect to the matters stated herein. [SIGNATURES ON FOLLOWING PAGES] 427348v5 SJB LN140 -109 10 SIGNATURE PAGE TO EASEMENT AGREEMENT (Ingress and Egress) IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed as of the day and year first above written. LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY By Its President By Its Executive Director STATE OF MINNESOTA COUNTY OF ANOKA ) ) ) ss.: The foregoing instrument was acknowledged before me this ______ day of _____________, 2013, by Dave Roeser and Jeff Karlson, the President and Executive Director, respectively, of the Lino Lakes Economic Development Authority, on behalf of the authority. Notary Public 427348v5 SJB LN140 -109 11 LINO LAKES ASSISTED LIVING, LLC By ___________________________ Its _____________________ STATE OF MINNESOTA COUNTY OF ___________ ) ) ) ss.: The foregoing instrument was acknowledged before me this ______ day of _________, 2013, by ______________, the ___________________ of Lino Lakes Assisted Living , LLC, a Minnesota limited liability company, on behalf of the company. Notary Public 427348v5 SJB LN140 -109 12 LENDER CONSENT TO EASEMENT AGREEMENT (Ingress and Egress) The undersigned, as holder of first mortgage encumbering the LLAL Parcel, conse nts to the above Easement Agreement between the Lino Lakes Economic Development Authority and Lino Lakes Assisted Living LLC. AMERICAN HERITAGE NATIONAL BANK By ____________________________________ Its ______________________________ STATE OF MINNESOTA COUNTY OF ___________ ) ) ) ss.: The foregoing instrument was acknowledged before me this ______ day of _________, 2013, by ______________, the ___________________ of American Heritage National Bank, a national banking associati on, on behalf of the bank. Notary Public EXHIBIT A TO EASEMENT AGREEMENT (Ingress and Egress) Legal Description and Depiction of the Access Driveway Easement Area Legal Description : A permanent easement for driveway access over that part of Outlot B, The Village No. 3, Anoka County, Minnesota, described as follows: Commencing at the Northwest corner of said Outlot B; thence South 26 degrees 16 minutes 51 seconds East, assumed bearing along the westerly line thereof, 79.66 feet t o the point of beginning; thence North 64 degrees 54 minutes 10 seconds East 30.00 feet; thence South 26 degrees 16 minutes 51 seconds East, parallel to said Westerly line 100.00 feet to the Northerly right of way line of Town Center Parkway as shown on sa id plat; thence South 64 degrees 54 minutes 10 seconds West, along said Northerly right of way line 30.00 feet to the intersection of said Northerly right of way line and the Westerly line of said Outlot B; thence North 26 degrees 16 minutes 51 seconds Wes t, along said westerly line, 100.00 feet to the point of beginning. Depiction : CENTENNIAL FIRE DISTRICTCheck Register - FIRE GLPage: 1 Check Issue Dates: 8/3/2013 - 8/16/2013Aug 16, 2013 01:58PM Report Criteria: Report type: Summary GLCheckCheckVendorDescriptionCheck PeriodIssue DateNumberNumberPayeeAmount 08/1308/16/2013595110280PATRICK W. AL DRICHEMT TRAINING HOURS90.00 08/1308/16/2013595211565ASPEN MILLS , INCUNIFORMS2,566.45 08/1308/16/2013595330480CENTENNIAL UTILIT IESJULY UTILITIES STATION 1166.16 08/1308/16/2013595490085IDEAL AD VERTISINGUNIFORMS806.00 08/1308/16/20135955120450CITY OF LINO LAKESJULY REIMB-FEMA INS34,441.93 08/1308/16/20135956130440METRO FIRE , INCPPE EQUIPMENT388.93 08/1308/16/20135957140600NACSTA TION 2 A/C MTC490.25 08/1308/16/20135958160050PAETECPHONES STATION 2156.86 08/1308/16/20135959160130PERFORMANCE PLUS LLCFEMA GRANT PREPLACEMENT 1,715.00 08/1308/16/20135960160480PO STNETPOSTAGE43.89 08/1308/16/20135961160493PREMIUM WATE RS, INCBOTTLED WATER18.29 08/1308/16/20135962180600CITY OF RO SEVILLEAUG PHONE SERV1,279.33 08/1308/16/20135963210405UNIFO RMS UNLIMITED, INCRECRUITMENT807.98 08/1308/16/20135964260570JAREN ZECH EMT TRAINING HOURS90.00 08/1308/16/20135965999922JONATHAN STAL KERNREMT TESTING REIMB70.00 08/1308/16/20135966999923HAI TIEUNREMT TESTING REIMB70.00 Grand Totals:43,201.07 M = Manual Check, V = Void Check CENTENNIAL FIRE DISTRI CTInvoice Register - Edit ReportPage: 1 Input Dates: 8/3/2013 - 8/16/2013Aug 16, 2013 01:59PM NameVendor NumberInvoiceSeqTypeDescriptionInvoice DatePayment Due DateTotal CostGL AccountGL Period 08/16/2013 10280 PATRICK W. ALDRICH PATRICK 102800816131 Invoi EMT TRAINING HO URS08/16/201308/16/201390.00801-42-2210-33208/13 Total 10280 PATRICK W. ALDRICH:90.00 11565 ASPEN MILLS, INC ASPEN MIL 115651377211 Invoi UNIFORM08/16/2013 08/16/201337.95801-42-2210-21808/13 ASPEN MIL 115651379271 Invoi UNIFORMS08/16/2013 08/16/20132,528.50 801-42-2210-21808/13 Total 11565 ASPEN MILLS, INC:2,566.45 30480 CENTENNIAL UTILITIES CENTENNI 304800816131 Invoi JULY UTILITIES STATION 108/16/201308/16/2013166.16 801-42-2210-38008/13 Total 30480 CENTENNIAL UTILITIES:166.16 90085 IDEAL ADVERTISING IDEAL ADV 90085329601 Invoi UNIFORMS08/16/201308/16/2013806.00801-42-2210-21808/13 Total 90085 IDEAL ADVERTISING:806.00 120450 CITY OF LINO LAKES CITY OF LI 1204500816131 Invoi JULY REIMB-SALARIES08/16/2013 08/16/201318,223.92 801-42-2210-10108/13 CITY OF LI 1204500816132 Invoi JULY REIMB-PAYROLL TAX08/16/201308/16/20132,858.14 801-42-2210-12008/13 CITY OF LI 1204500816133 Invoi JULY REIMB-INSURANCE08/16/2013 08/16/20135,730.81 801-42-2210-13008/13 CITY OF LI 1204500816134 Invoi JULY REIMB-FUEL08/16/201308/16/20131,561.55801-42-2210-21208/13 CITY OF LI 1204500816135 Invoi JULY REIMB-FEMA SALARIES08/16/201308/16/20133,200.00801-42-2350-10108/13 CITY OF LI 1204500816136 InvoiJULY REIMB-FEMA PAYROLL T 08/16/201308/16/2013443.54801-42-2350-12008/13 CITY OF LI 1204500816137 Invoi JULY REIMB-FEMA INS08/16/201308/16/20132,423.97 801-42-2350-13008/13 Total 120450 CITY OF LINO LAKES:34,441.93 130440 METRO FIRE, INC METRO FIR 130440478941 Invoi PPE EQUIPMENT08/16/201308/16/2013388.93801-42-2210-20408/13 Total 130440 METRO FIRE, INC:388.93 140600 NAC NAC140600935911 Invoi STATION 2 A/C MTC08/16/2013 08/16/2013490.25801-42-2210-40108/13 Total 140600 NAC:490.25 160050 PAETEC PAETEC16005057533821 Invoi PHONES STATION 208/16/2013 08/16/2013156.86801-42-2210-32108/13 Total 160050 PAETEC:156.86 160130 PERFORMANCE PLUS LLC PERFORM 1601300816131 InvoiFEMA GRANT PREPLACEMENT 08/16/201308/16/20131,715.00801-42-2350-30808/13 Total 160130 PERFORMANCE PLUS LLC:1,715.00 160480 POSTNET POSTNET16048071772391 Invoi POSTAGE08/16/201308/16/201343.89801-42-2210-32208/13 Total 160480 POSTNET:43.89 CENTENNIAL FIRE DISTRI CTInvoice Register - Edit ReportPage: 2 Input Dates: 8/3/2013 - 8/16/2013Aug 16, 2013 01:59PM NameVendor NumberInvoiceSeqTypeDescriptionInvoice DatePayment Due DateTotal CostGL AccountGL Period 160493 PREMIUM WATERS, INC PREMIUM 160493 625346-07 1 Invoi BOTTLED WATER08/16/201308/16/201318.29801-42-2210-20108/13 Total 160493 PREMIUM WATERS, INC:18.29 180600 CITY OF ROSEVILLE CITY OF R 18060002176631 Invoi JT POWERS MIS08/16/201308/16/20131,138.33801-42-2210-32008/13 CITY OF R 18060002177071 Invoi AUG PHONE SERV08/16/201308/16/2013141.00801-42-2210-32108/13 Total 180600 CITY OF ROSEVILLE:1,279.33 210405 UNIFORMS UNLIMITED, INC UNIFORMS 2104051714661 Invoi RECRUITMENT08/16/201308/16/2013807.98801-42-2210-30808/13 Total 210405 UNIFORMS UNLIMITED, INC:807.98 260570 JAREN ZECH JAREN ZE 2605700816131 Invoi EMT TRAINING HO URS08/16/201308/16/201390.00801-42-2210-33208/13 Total 260570 JAREN ZECH:90.00 999922 JONATHAN STALKER JONATHAN 9999220816131 Invoi NREMT TESTING REIMB08/16/2013 08/16/201370.00801-42-2210-33108/13 Total 999922 JONATHAN STALKER:70.00 999923 HAI TIEU HAI TIEU9999230816131 Invoi NREMT TESTING REIMB08/16/2013 08/16/201370.00801-42-2210-33108/13 Total 999923 HAI TIEU:70.00 Total 08/16/2013:43,201.07 8/16/2013 GL Period Summary GL PeriodAmount 08/1343,201.07 Grand Totals:43,201.07 Grand Totals:43,201.07 Report GL Period Summary GL PeriodAmount 08/1343,201.07 Grand Totals:43,201.07 Vendor number hash:4018638 CENTENNIAL FIRE DISTRI CTInvoice Register - Edit ReportPage: 3 Input Dates: 8/3/2013 - 8/16/2013Aug 16, 2013 01:59PM Terms DescriptionInvoice Amount Discount AmountNet Invoice Amount Vendor number hash - split:4741338 Total number of invoices:18 Total number of transactions:24 Terms DescriptionInvoice Amount Discount AmountNet Invoice Amount Open Terms43,201.07.0043,201.07 Grand Totals:43,201.07.0043,201.07 CITY COUNCIL WORK SESSION August 5, 2013 DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 DATE : August 5, 2013 4 TIME STARTED : 5:30 p.m. 5 TIME ENDED : 8:20 p.m. 6 MEMBERS PRESENT : Council M ember Stoesz , O’Donnell, 7 Rafferty , and Mayor Reinert 8 MEMBERS ABSENT : Council Member Roeser 9 10 11 Staff members present: City Administrator Jeff Karlson; Finance Director Al Rolek; 12 Community Development Director Michael Grochala; City Planner Katie Larsen; Finance 13 Director Al Rolek; Public Safety Director John Swenson; City Engineer Jason Wedel; 14 Public Services Director Rick DeGardner; Police Sergeant Kyle Leibel ; City Clerk Julie 15 Bartell 16 17 1. Deer Management – Public Safety Director Swenson and Sergeant Lei bel presented 18 the Lino Lakes Whitetail Deer Management Review, 2013 Update. The report includes 19 information on vehicle/deer collisions over the past decade, Anoka County Parks 20 Department hunt , and considerations for city deer management. Options for the city are 21 opening up areas where hunting is c urrently banned and/or provide for a free group to do 22 controlled hunting on city controlled property. When the Mayor asked if it is a Police 23 Department goal to reduce the number of deer accidents in the city, Ch ief Swenson said 24 that a reduction has occurred already to a certain extent showing that what is taking place 25 is working. The question is if the city wants to do more; he feels the biggest impact will 26 always be what Anoka County plans to do in the regional park area. Sergeant Leibel 27 pointed out , in regard to vehicle co llisions, the roadways with lower speed limit s don’t 28 necessar il y have a problem because people have time to stop. Also the wildcard is that 29 the city does allow bow hunting already and so th e number of deer taken that way is hard 30 to account for. 31 32 A representative of the Metro Bowhunters Resource Base (MBRB) was present. When 33 asked about their services, he offered that the organization does about twenty managed 34 hunts per year. The organiza tion is run very professionally and only qualified archers are 35 allowed to participate. Regarding safety questions, all hunts are planned and then 36 documented. 37 38 Chief Swenson explained that if the city were to go with the MBRB plan, the council 39 would have to authorize hunting on that land where it is currently banned (by ordinance) 40 and the police department would do a communication effort, He recommends that city 41 residents be allowed to hunt in those areas also. Council Member Rafferty asked about 42 the d ista nce that an arrow can travel and the MBRB representative explained that shots 43 are not allowed past 20 yards. Council Member Roeser noted that the city’s regulations 44 on feeding deer should be strictly enforced – that would help with the deer popu latio n as 45 CITY COUNCIL WORK SESSION August 5, 2013 DRAFT 2 well. Sergeant Leibel indicated that he has spoken with some residents in the areas that 46 would be impacted by a change and he feels that there isn’t a lot of opposition but also 47 there is no guarantee that the increased hunting will reduce accidents. 48 49 Mayor Reinert announced that it seems like a change is appropriate as he’s not sure that 50 archery was ever intended to be banned. Why not allow what’s allowed in the rest of the 51 city? The police will prepare an ordinance amendment for council considera tion. 52 53 5. 7309 Lake Drive – Code Enforcement – Community Development Dire ctor 54 Grochala recalled previous discussions about the code violation at this site. Opportunity 55 has been given to the property owner to evaluate their business plan for the site and 56 determine if any changes could bring them into compliance. To date the city hasn’t 57 received any information on how they intend to modify the use for compliance. Mayor 58 Reinert suggested that the council seems to be leaning toward not making a change to the 59 city’s regulations. He suggests that message be given to the property owner. 60 61 6. Pavement Management Report – Community Development Director Grochala 62 recalled that the City’s Pavement Management Plan was produced in 2004 to provide data 63 regarding th e condition of the c ity’s roadways and to guide pavement management work. 64 The council authorized WSB Engineering to prepare an update t o that 2004 plan. That 65 update is before the council and includes new information on roadway conditions. City 66 Engineer Wedel reviewed the report. In conclusion Mr. Grochala noted that with the 67 ratings included in the update and continuation of the policy of inspecting 25% of the city 68 r oadways each year, the city should continue with its maintenance program i n 2014. 69 H owever he believes the city must look at reconstruction also. Ther e fore he is requesting 70 that the city council hold a work shop in the fall where they can discuss the matter with 71 staff and experts and look at some options for moving forward. Mr .Wedel i ndicated that 72 the map included in the update is a good citywide view. Council Member O’Donnell 73 noted some recent patch work done on Black Duck Drive and suggested it was not 74 effective in improving the roadway. Council Member Stoesz suggested that WSB sh o uld 75 add some map layers to create an interface map and that would be helpful. Mr. Grochala 76 indicated that the map will go to the City website. Mr. Wedel concluded that the 77 recommendation is really to maintain the current street maintenance budget (incre ased a 78 little each year) and add $2 million yearly for reconstruction. Mr. Grochala added that a 79 review and decision about the best way to finance improvements will be a part of the 80 overall discussion. The council concurred that a workshop will be hel d. 81 82 7. Subsurface Sewer Treatment Systems (Septic) Code Update – Community 83 Development Director Grochala reported that staff has prepared an ordinance amendment 84 to the City Code that brings the city into compliance with new state law regarding on -site 85 sep tic systems. State law was changed in 2011 to allow for new technology and to 86 change the inspection process requirements. The city’s existing ordinance requires each 87 system to be inspected and pumped every two years. State law now requires inspection 88 e very three years and pumping only if needed. Staff is seeking council direction to come 89 CITY COUNCIL WORK SESSION August 5, 2013 DRAFT 3 forward with an ordinance to change the city code to concur with state law. The council 90 directed staff to put the ordinance on the next council agenda. 91 92 8. Ordinance – Utility Fees for Vacant Propertie s (City Council Agenda Item 2A ) – 93 Finance Director Rolek recalled that the council received a request from a property 94 owner to review the city’s billing system for vacant property since the city was charging a 95 utility r ate they felt was not fair. Staff has review ed what other cities are doing and has 96 found that a minimum base charge is more appropriate. The ordinance before the council 97 would make that change in the city’s fee schedule. The policy would put the onus on the 98 property owner to inform the city of a vacant status. The property owner of the former 99 Bobby & Steve’s Auto World who brought this matter forward will also receive a 100 reduction in charges retroactive to the time when their building became vacant. Th e 101 council confirmed that property owners should be charged the base rate back to the time 102 their property is vacated. The council also confirmed that this type of base charge will 103 only apply to business properties. 104 105 10. 2014 Budget – Director of Finance R olek explained th at the first draft of the 2014 106 b udget is before the council. T his is a budget proposal, not discussion of a budget gap. 107 The budget presented is a 1.2 percent increase from the 2013 adopted budget, it maintains 108 service levels, maintains street maintenance efforts, includes funding for a t wo percent 109 wage increase , adjustment s for the sales tax exemption, maintains personnel at the 2013 110 level (with the exception of the Economic Development Coordinator position), presumes 111 increases in fuel a nd utility costs and no new initiatives. It does include use of general 112 fund reserve (not i n excess of the city’s reserve policy) and includes funding of a police 113 officer position wit h one -time forfeiture funds , and a slight increase in debt services. For 114 the first time, the voter approved levy for the two intersection projects is included. 115 Property values reflected in this budget decreased by under one percent , an improvement 116 over the past few years. There is an increase in levy amount due to the ad dition of the 117 voter approved projects. Mayor Reinert confirmed that without that voter approved levy, 118 the proposed budget is under last year’s. Mr. Rolek disc ussed a state levy limit projected 119 for the year and that the budget proposal falls under the lim it. He reviewed the estimated 120 levy chart, net tax capacity calculations, e stimated general fund revenues (building permit 121 revenue is expected to rise) and general fund expenditures. Mayor Reinert remarked that 122 an upgrade in cable equipment would be appro priate soon since some of that equipment is 123 literally failing during council broadcasts. Council Member Stoesz requested that line 124 items Fleet Management and Government Buildings under Public Services also be broken 125 down by department to allow a closer lo ok; Public Services Director DeGardner indicated 126 that he can do a f leet summary by month or year . 127 128 Council Member Rafferty suggested that he remains interested in cost reductions t hat 129 could be accomplished without personnel reduction. The council will take some time to 130 review the budget and look for further economies. There will be a wo rk session 131 scheduled for that purpose before the next council meeting. 132 133 CITY COUNCIL WORK SESSION August 5, 2013 DRAFT 4 Finance Director Rolek noted finally that the proposed budget includes about $50,000 to 134 fund an e conomic development intern position, keeps the street maintenance budget 135 constant, and includes a contingency of $100,000 for the unforeseen. Further he noted 136 that capital equipment replacement is not budgeted and would remain debt financed. 137 138 9. Police S taffing – Police Chief Swenson noted that this council has reviewed the 139 Police Department’s staffing situation previously. There is a vacancy in the department 140 at the sergeant level and staff has proposed to use forfeiture funds on a one year only 141 basis to fund one officer position. Administrator Karlson noted that he supports the 142 police department recommendation. 143 144 11. Monthly Progress Report – Administrator Karlson reviewed the written report. 145 146 12. Charter Amendments by Ordinance – City Clerk Bartel l reviewed the written 147 report outlining two amendments to the City Charter that have been forwarded by the 148 Charter Commission. The amendments were originally recommended by staff and the 149 council as changes that would simply serve to update Charter langua ge to make state and 150 county election deadlines workable for both filing periods and public improvement 151 questions to the ballot. The process to consider passage of a charter amendment without 152 ballot consideration involves a public hearing, two readings of the amendment as an 153 ordinance and a final affirmative vote of all members of the council. The council 154 directed staff to proceed with a schedule following state statute that would allow for a 155 vote on the amendments at a special meeting before the council work session on October 156 7, 2013. 157 158 Review Regular Council Agenda - The council reviewed items on the August 12 City 159 Council agenda. 160 161 The meeting was adjourned at 8:20 p.m. 162 163 These minutes were considered, corrected and approved at the regular Council meetin g held on 164 August 26, 2013. 165 166 167 168 169 Julianne Bartell, City Clerk Jeff Reinert , Mayor 170 171 COUNCIL MINUTES August 12, 2013 DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 4 DATE : August 12, 2013 5 TIME STARTED : 6:35 p.m. 6 TIME ENDED : 7:20 p.m. 7 MEMBERS PRESENT : Council M ember O’Donnell, Rafferty , 8 Roeser , and Mayor Reinert 9 MEMBERS ABSENT : Council Member S toesz 10 11 Staff members present: City Administrator Jeff Karlson ; Community Development Director Mi chael 12 Grochala; Finance Director Al Rolek; City Planner Katie Larsen; City Engineer Jason Wedel; Chief 13 of Police John Swenson; and City Clerk Julie Bartell 14 15 PU BLIC COMMENT 16 17 Adam Lamere, Lakes Liquor, 7860 Lake Drive, addressed the council. He stated that he is certain 18 that something must be done to limit off -sale liquor licenses in the city. He noted the history of stores 19 in the city and those places that have been lost. Limiting licenses would help the established 20 businesses in the city and in turn will help retail around them. There is a smart way to do it and he is 21 open to a discussion with the council. 22 23 Sergei Nazaranka , Eagle Liquor, 730 Apollo Drive , in dicated that he too is requesting that the council 24 limit off -sale licenses in the city. He is concerned to the point that he may have to leave his business. 25 There is a big competitor coming in and the smaller facilities may not be able to survive. 26 27 SETT ING THE AGENDA 28 29 The agenda was approved as presented. 30 31 CONSENT AGENDA 32 33 Council Member O’Donnell moved to approv e the Consent Agenda, Items 1A and 1B , as presented . 34 Council Member Roeser seconded the motion. Motion carried on a voice vote . 35 36 ITEM A CTION 37 38 Consideration of Expenditures: 39 40 August 12, 2013 (Check No. 96107 – 41 96205 , $337,383.59 ) Approved 42 43 Centennial Fire District (Check No. 5906 - 44 5942 , $145,432.38 ) Approved 45 COUNCIL MINUTES August 12, 2013 DRAFT 2 46 July 22, 2013 City Council Meeting Mi nutes Approved 47 48 49 FINANCE DEPAR TMENT REPORT 50 51 2A) First Reading of Ordinance No. 06 -13, Amending the City’s 2013 Fee Schedule by 52 providing for utility fees for vacant buildings connected to city utilities - Finance Director Rolek 53 explained that the ordinance would change the Fee Schedule to reflect a change in base utility (water) 54 charges for vacant businesses in the city. The change is a reduction and will bring the city into line 55 with what many other communities charge for vacant business properties. 56 57 Council Member Rafferty recalled t hat a concern about the city’s charges was brought forward and he 58 is glad that staff has quickly prepared an appropriate response. 59 60 Council Member Roeser moved to approve the 1 st Reading of Ordinance No. 06 -13 as presented. 61 Council Member Rafferty second ed the motion. Motion carried on a voice vote. 62 63 ADMINISTRATION DEPARTMENT REPORT 64 65 There was no report from the Administration Department. 66 67 PUBLIC SAFETY DEPARTMENT REPORT 68 69 4A) Approve promotion of Officer William Owens to the position of Sergeant, effect ive August 70 25, 2013 – Police Chief Swenson recalled the re cent loss of sergeant in the police department . In 71 response to the vacant position, he is recommending the promotion of Officer Owens. He reviewed 72 the promotional process followed by the departme nt (a list was already in place). This position is 73 included in the department’s 2013 budget and 2014 requested budget. 74 75 Council Member O’Donnell moved to approve the promotion of Officer William Owens to the 76 position of Sergeant. Council Member Roeser seconded the motion . Motion carried on a voice vote. 77 78 4B) Approve the hiring of Nathan Hamann to the position of Police Officer effective August 25, 79 2013 – Police Chief Swenson reported that due to the promotion of Officer Owens, there will be an 80 open p olice officer position. He reviewed the process that has resulted in a department 81 recommendation to hire Mr. Hamann to the position. 82 83 Council Member Rafferty moved to approve the hiring of Nathan Hamann to the position of Police 84 Officer. Council Member Roeser seconded the motion. Motion carried on a voice vote. 85 86 PUBLIC SERVICES DEPARTMENT REPORT 87 88 There was no report from the Public Services Department. 89 90 COUNCIL MINUTES August 12, 2013 DRAFT 3 COMMUNITY DEVELOPMENT DEPARTMENT REPORT 91 92 6A) First Reading of Ordinance No. 07 -13, Amending Section 3, Subdivision 4.Q. of the Lino 93 Lakes Zoning Ordinance Entitled Required Screening, Landscaping and Buffer Yards – 94 Community Development Director Grochala reported that the ordinance amends the city’s zoning 95 regulations based on previous action of the cou ncil on landscaping requirements. Staff has been 96 working with the regulations since that time and is now recommending some clarifications and some 97 practical changes. The Planning and Zoning Board has discussed the changes, received no public 98 comment at a public hearing and is recommending council approval. Mr. Grochala reviewed the 99 changes. 100 101 Council Member Roeser asked if staff will be sending forward an irrigation ordinance and Mr. 102 Grochala explained that a rain sensor is already in the requirements an d staff is working on a water 103 reuse element. 104 105 Council Member O’Donnell moved to approve the 1 st Reading of Ordinance No. 07 -13 as presented. 106 Council Member Roeser seconded the motion. Motion carried on a voice vote. 107 108 6B) Resolution No. 13 -88, Approvin g Plans and Specifications and Authorizing Request for 109 Quotes for the 2013 Surface Water Management Project – City Engineer Wedel explained that the 110 city operates a system within the city to manage storm water; this project involve s maintenance and 111 repair s for that system . Staff inspects the system each year and also investigates reports from 112 residents. He reviewed the projects and cost proposed for this year. Based on the plans presented, 113 staff requests authority to seek quotes for the project. 114 115 Cou ncil Member Roeser moved to approve Resolution No. 13 -88 as presented. Council Member 116 Rafferty seconded the motion. Motion carried on a voice vote. 117 118 6C) First Reading of Ordinance No. 08 -13, Amending Chapter 403 of the Lino Lakes Code of 119 Ordinances reg arding Individual Sewage Treatment Systems – Community Development 120 Director Grochala explained that changes to this ordinance have been under discussion for a couple 121 years, since the state changed their regulations regarding septic systems. The city has about 1800 122 septic systems that currently must be inspected and pumped on a regular basis. Under new 123 regulations, the systems would be inspected every three years and would be pumped as needed. 124 Mayor Reinert noted that he’s heard concerns from p eople abou t the city’s requirements to pump 125 when that may not be needed. 126 127 Council Mem b er Roeser moved to approve the 1 st Reading of Ordinance No. 08 -13 as presented. 128 Council Member Rafferty seconded the motion. Motion carried on a voice vote. 129 130 UNFINISHED BUS INESS 131 132 There was no Unfinished Business. 133 134 NEW BUSINESS 135 COUNCIL MINUTES August 12, 2013 DRAFT 4 136 There was no New Business. 137 138 COMMUNITY EVENTS 139 140 Monthly Recycle Day cancelled f o r August 17 , 2013 . Monthly recycle day will resume September 141 21, 2013. 142 143 Blue Heron Days August 16 – 18, 2013 . (Mayor Reinert read a schedule of events.) 144 145 COMMUNITY CALEN DAR 146 147 Community Calendar – A Look Ahead 148 August 12 , 201 3 through August 26, 201 3 149 150 Wednesday, August 14 6:30 pm, Council Chambers Planning & Zoning 151 Monday, August 26 5:30 pm, Community Room Council Work S ession 152 Monday, August 26 6:30 pm, Council Chambers City Council Meeting 153 154 ADJOURN 155 156 There being no further business, Council Member Rafferty moved to adjourn at 7:20 p.m. Council 157 Member Roeser seconded the mot ion. Motion carried on a voice vote . 158 159 These m inutes were considered and approved at the regular Council Meeting, August 26, 2013 . 160 161 162 163 164 Julianne Bartell, City Clerk Jeff Reinert , Mayor 165 166 CLOSED COUNCIL SESSION August 12 , 2013 DRAFT 1 1 CITY OF LINO LAKES 2 MINUTES 3 CLOSED COUNCIL SESSION 4 5 DATE : August 12 , 2013 6 TIME STARTED : 7:30 p.m. 7 TIME ENDED : 9:27 p.m. 8 MEMBERS PRESENT : Council Members Rafferty, Roeser , 9 O’Donnell and Mayor Reinert 10 MEMBERS ABSEN T : C ouncil Member Stoesz 11 12 St aff present: City Administrator Jeff Karlson. 13 14 Mayor Reinert called the meeting to order at 7:30 p.m. in the Council Workroom at Lino 15 Lakes City Hall. 16 17 The meeting was convened as a closed session of the city council pursuant to th e Open 18 Meeting Law for t he express purpose of discussing the city administrator performance 19 review and labor negotiations . 20 21 Th e meeting was adjourned at 9:27 p.m. 22 23 These minutes were considered, corrected and approved at the regular Council meeting held o n 24 August 26 , 2013 . 25 26 27 28 29 Julianne Bartell, City Clerk Jeff Reinert , Mayor 30 31 CITY COUNCIL SPECIAL WORK SESSION Aug ust 12, 2013 DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 DATE : August 12, 2013 4 TIME STARTED : 5:30 p.m. 5 TIME ENDED : 6:30 p.m. 6 MEMBERS PRESENT : Council M ember O’Donnell, Rafferty , 7 Roeser and Mayor Reinert 8 MEMBERS ABSENT : Cou ncil Member Stoesz 9 10 11 Staff members present: City Administrator Jeff Karlson; Finance Director Al Rolek; 12 Public Services Director Rick DeGardner; Community Development Director Michael 13 Grochala; Public Safety Director John Swenson; City Clerk Julie Bartell 14 15 1. 2014 Budget – Finance Director Rolek had redistributed his staff report of July 30, 16 2013 regarding the 2014 Draft Budget and Tax Levy. The report was briefly reviewed. 17 He noted as an update that staff discovered that the city’s electric charges had doubled 18 and upon checking with Xcel Energy, a refund of about $30,000 will be received for 19 2013. As well the 2014 budget can be reduced to reflect lower anticipated charges . 20 Administrator Karlson remarked that at the last budget discussion, staff heard the council 21 ask if there are areas in the budget that can be reduced that do not impact city services. 22 23 Mayor Reinert called for a discussion of budgeting for staff conferen ces/conventions. He 24 understands the premise of attending the events (training, networking, etc) but he knows 25 that in the private sector, this type of activity has shrunk or gone away and is being 26 replaced with on -line communications. Administrator Karl son replied that he has 27 encouraged the directors to b e involved in their professional organizations because it 28 provides the opportunity to network and learn. He doesn’t see it as a huge cost but an 29 area that there is value for the money spent. The mayor noted that it’s important to 30 remember that participation includes paid time away from work; to him, it’s not about the 31 cost however but the value. Council Member Raf ferty remarked that there are still 32 difficult economic times and it’s important to reme mber that the taxpayers are footing the 33 bills. He’d prefer to not see that money spent. The mayor directed staff to put together 34 a report indicating how much is spent on conventions/conferencing so that the council 35 can review the number s and value. 36 37 The council also discussed the process through which the city receives the Certificate of 38 Achievement for Excellence in Financial Reporting. For the cost of going through the 39 process, what is the value? Mr. Rolek explained that it’s helpful in the city’s goal to 40 present its financial documents in the best form and that meets specific criteria. It can 41 also be helpful with the rating agencies. 42 43 When Council Member O’Donnell asked what items are outstanding in the budget at this 44 point, labor contracts a nd health care costs were noted. The mayor noted that the broker 45 CITY COUNCIL SPECIAL WORK SESSION Aug ust 12, 2013 DRAFT 2 services for health care will go out for request for proposal probably next year to make 46 sure the city is doing as well as possible in that area. 47 48 Administrator Karlson noted that he will be recommending some updating to the city’s 49 website soon and that may have some funding needs attached (estimate $2,500). Also 50 he’d like to have funds in the budget for strategic planning. 51 52 Council Member Roeser recalled the franchise fees associated w ith Centennial Utilities 53 and asked for confirmation that back charges had been received. Finance Director Rolek 54 will confirm that all funds due have been received. 55 56 Administrator Karlson noted the current vacant position in the Streets Department (due to 57 the retirement of Lester Rydeen) and asked for the council’s permission to fill that 58 budgeted position. Mayor Reinert suggested that the council be informed more about 59 that position, including duties, before it is filled. Mayor Reinert remarked that his recent 60 city newsletter article included some information on baseline management. It’s a process 61 he’s familiar with and has used and one that the city can use to become more efficient. 62 It’s a process that can guide decisions about how and when to fil l positions. Public 63 Services Director DeGardner indicated that he would welcome having a consultant come 64 in and review the operations of the street department – he’s confident they would find the 65 department operating at peak efficiency. The mayor resp onded that he likes the idea of 66 hiring when it is clearly needed and would also support a consultant review in 2014. Mr. 67 DeGardner noted that the department actually had some contract work done recently and 68 he was shocked to find the cost of that street work at $3,000 per day. 69 70 When Council Member Rafferty asked about the Centennial Fire District budget, Mr. 71 Karlson explained that the budget was submitted to the steering committee and it is a 72 small reduction from the previous year. 73 74 The meeting was a djourned at 6:30 p.m. 75 76 These minutes were considered, corrected and approved at the regular Council meeting held on 77 August 26, 2013 . 78 79 80 81 82 Julianne Bartell, City Clerk Jeff Reinert , Mayor 83 84 CITY COUNCIL AGENDA ITEM 2A STAFF ORIGINATOR: Al Rolek MEETING DATE: August 26 , 2013 TOPIC: Consideration Second Reading of Ordinance No. 06 -13 Amending Ordinance No. 12 -12, The 2013 City Of Lino Lakes Fee Schedule, By Providing For Utility Fees For Vacant Buildings Connected To City Utilities and Ordering Publication VOTE REQUIRED: 3/5 INTRODUCTION The City Council approved the first reading of Ordinance No. 06 -13 p roviding f or u tility f ees f or v acant b uildings c onnected t o City u tilities on August 12. The Council is requested to consider a second reading of the ordinance. BACKGROUND The requested action is in response to a request for relief from normal utility rates by the owner of a commercial property that has been vacant since Octo ber, 2012. Upon investigating the matter and surveying other cities staff found that Lino L akes has been charging vacant properties differently than surrounding communities. To be more consistent with neighboring cities an amendment to the current fee st ructure is being proposed. A draft of Ordinance No. 06 -13 is included for Council review. The ordinance amends Ordinance No. 12 -12 which set the utility fees for 2013 and would allow the owner of a vacant commercial/industrial building to apply to reduce the number of residential equivalent units (REU’s) to one (1) unit for billing purposes for as long as the building is vacant. When the building again becomes occupied the owner must inform the City of such occupation, at which time the number of REU’s w ill be determined and utility fees assessed according to the current fee structure. RECOMMENDATION Staff recommends approval of the second reading of Ordinance No. 06 -13 and, thereafter, the execution and publication of the ordinance . ATTACHMENTS Dra ft Ordinance No. 06 -13 1 st Reading: Publication: 2 nd Reading: Effective: CITY OF LINO LAKES ORDINANCE NO. 06 -1 3 AMENDING ORDINANCE NO. 12 -12, THE 2013 CITY OF LINO LAKES FEE SCHEDULE , BY PROVIDING FOR UTILITY FE ES FOR VACANT BUILDINGS CONNECTED TO CITY UTILITIES . The Cit y of Lino Lakes City Council does ordain the following: Section 1. Pursuant to Minnesota Law, the Lino Lakes City Charter, and the Lino Lakes City Code, and upon a review of a study conducted by City Staff, the fee schedule for City services and licensin g is hereby a mend ed by adding the following to the existing utility fe e structure : 2013 FEE SCHEDULE UTILITY FEES Vacant Buildings: Owners of a commercial/industrial building (s ) connected to City water and/or sewer utilities that are vacant due to bus iness closures or other reasons m ay apply to have the number of billed REU’s reduced to one (1) REU for purposes of calculating utility fees effective from the date the building(s) were vacated for as long as the building (s) remain unoccupied. When the bu ilding (s) again becomes occupied the owner must inform the City of such occupation, at which time the number of REU’s will be determined and utility fe es assessed according to the current fee structure . _____________________ Jeff Reinert, Mayor __________________________ Attest: Julianne Bartell, City Clerk Adopted by the Lino Lakes City Co uncil this ___ day of ____, 201 3 . 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: CITY COUNCIL AGENDA ITEM 3A STAFF ORIG INATOR: Jeff Karlson MEETING DATE: August 26, 2013 TOPIC: Temporary Part -Time Scanning Operator VOTE REQUIRED: 3/5 INTRODUCTION The Council is being asked to consider authorizing the hiring of a temporary part -time scanning operator for a period of six months to complete the digital scanning of City documents. BACKGROUND Recently staff implemented the Laserfiche document imaging system to convert and store all City documents in an electron ic format. This initially involved purging old files and setting up new file structures. Each department has nearly completed its templates for organizing scanned documents. There are still thousands of pages of historical documents that need to be conve rted in to an electronic format. In order to complete the scanning project, I am recommending that the City hire a temporary part -time scanner operator for no more than six months at an hourly rate of $10.50. This person would work between 24 -30 hours a week. There are no benefits for this position. The funds would come from a budgeted part -time human resources position that has not been filled. RECOMMENDATION Staff is requesting authorization to hire a temporary part -time scanner operator at an hour ly rate of $10.50 per hour. ATTACHMENTS Draft job description CITY OF LINO LAKES POSITION DESCRIPTION TITLE: Scanning Operator DEPARTMENT: Administration SUPERVISOR: City Administrator STATUS: Temporary Part -Time PRIMARY OBJECTIVE OF POSITION This position performs administra tive support functions, including producing digital copies of documents for retention purposes and organizing scanned documents on various local, network, and cloud storage devices. ESSENTIAL JOB FUNCTIONS 1. Operates the Laserfiche document imaging system. 2. Analyzes and prepares documents in order to produce the best resolution for scanned reproductions. 3 . Inputs appropriate setting onto scanner computer screen and enters descriptive data by manipulating a mouse or typing from a keyboard. 4 Sca ns documents to reproduce as hard copies or as soft copies to be stored on CDs or secure server for future retrieval . 5 . Reorganizes or destroys original documents after scanning is completed . These examples are intended only as illustrative of various types of work performed, and are not all inclusive. The job description is subject to change as the needs of the employer and requirements of the job change. KNOWLEDGE, SKILLS , AND ABILITIES 1 . Ability to work with computers and computer storage sy stems . 2 . Knowledge of document retention systems. 3 . Basic computer literacy (i.e. Microsoft Office applications). 4 . Ability to work in a repetitive job that requires focus and attention to detail . 5 . Ability to initiate and accomplish tasks with minimal supervision . 6. Ability to accurately and consistently type data entry. 7. Ability to operate standard office machines and equipment . 8 . Ability to communicate effectively in English (verbally and in writing). 9. Excellent reliability and punct uality. REQUIRED QUALIFICATIONS 1. High school or equivalent degree (GED). 2. Data -entry experience and light typing skills. 3. Six months of related office experience . DESIRED QUALIFICATIONS 1. Municipal g overnment experience. 2 . Familiarity w ith document imaging systems . It is the policy of the City of Lino Lakes to provide equal employment opportunities to all persons. All employment policies and practices shall be non -discriminatory in compliance with federal laws, state statute and local ordinances. Created: August 2013 CITY COUNCIL AGENDA ITEM 4A STAFF ORIGINATOR: John Swenson, Chief of Police MEETING DATE: August 26, 2013 TOPIC: Consider 1 st Reading of Ordinance No. 10 - 13 , Amending Chapter 504.02 , regarding Firearms Discharge VOTE REQUIRED: 3/5 INTRODUC TION As part of City of Lino L akes deer management initiative, staff has prepared an ordinance amendment to City Ordinance 504.02 for Council consideration. BACKGROUND: During the September 24, 2012 City Council Work Session, Council Member Roeser raise d the issue of deer management programs and the potential to reduce deer/vehicle collision s in Lino Lakes. Staff presented a report on vehicle/deer collision s at the November 5, 2012 work session and has met with Anoka County Parks personnel regarding the ir hunting program in the Rice Creek Chain of Lakes Park. Staff has prepared 2013 Deer Management Update, which is attached to this staff report. The vehicle/deer collision incidents have declined over that last decade, ranging from 115 in 2002 to 67 in 2012. The 2013 Update outlined options that Council may wish to consider. This ordinance amendment is pa rt of this continuing effort. This ordinance amendment will allow property owners in an area of the City, south of Lilac; west of Lake Dr.; along Hodgson Rd and north of Ash St., to grant permission to archery hunters to hunt deer on their property . This amendment does continue to prohibit use of firearms in this area of the City. RECOMMENDATION: St aff is recommending approval of the f irst read ing of Ordinance No. 10 -13 , Amending C hapter 504.02 of the City of Lino Lakes Code of Ordinances ATTACHMENTS 1. 2013 Updated Deer Management Report 2. Ordinance 504.02 1 st Reading: Publication: 2 nd Reading: Effective: CITY OF LINO LAKES ORDINANCE NO. 10 -13 AMENDING CHAPTER 504, SUBDIVISION 2, OF THE LINO LAKES CODE OF ORDINAN CES RELATING TO FIREARMS; DISCHARGE PROHIBITED The City Council of the City of Lino Lakes, Minnesota, does ordain: Section 1. That Section 504.02, Subdivision 2, of the Lino Lakes Code of Ordinances be amended as follows: 504.02 DISCHARGE PROHIBITED . No person shall shoot, fire -off, discharge or explode any firearm or non -firearm upon or onto any of the following: (1) Any road, street, avenue, sidewalk or other public place in the city; (2) Lands and waters lying southerly of the center line of Lilac Street which are westerly of the center line of Lake Drive U.S. Highway No. 8 (Anoka County Road 23) extending along Hodgson Road (U.S. Highway No. 49) and North of Ash Street (County Road J) as the same are now laid out and traveled; this restriction applies only to firearms discharge and does not restrict bow and arrow (archery) no n firearm deer hunting within this defined area ; (3) Any city or county park or other city owned lands unless otherwise provided by this chapter or county ordinance; (4) Any lands within the city now owned by the person so using, unless the person doing so has on his or her person the written consent of the owner of the lands; (5) Within 750 feet of any school site (includes adjoining school district property), residences or buildings upon property not owned by the person so shooting, firing off, dischar ging or otherwise exploding any firearm or non -firearm without written consent of the owner. In no event shall the person discharge a shotgun where the projectile or pellets leave the premises upon which the person is authorized to hunt onto some other pre mises; or (6) A private landowner or person with written consent from the landowner may use a bow and pointed -tip arrow, provided that no arrow used shall pass within 500 feet of any school site (includes adjoining school district property), building on a djoining property or occupied residence, without the consent of that landowner, nor in any event create a nuisance or danger to the person. Adopted by the Lino Lakes City Co uncil this ____ day of __________________, 2013 . 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 Lino Lakes Whitetail Deer Management Review 2013 Update July 31, 2013 Updated Crash Facts - Lino Lakes Police Department 2002 -2012 Throughout the 2012 calendar year , t here were a total of 67 vehicle v. deer crashes report ed to the Lino Lakes Police Department . This number was up slightly (9 crashes ) from 2011. Anoka County Parks Department 2012 Hunt Report & 2013 Update Based on spring 2012 aerial herd counts, Anoka County Park hunt coordinators set a h arvest objective of 30 – 50 deer for their 2012 park archery season. At the end of the hunting season, t he Anoka County Parks Department reported that their permitted hunters harvested a total of 47 deer from the Rice Creek Chain of Lakes Park throughout the 2012 archery hunting season. No aerial deer population survey was conducted in the winter/spring, 2013. According to the hunt coordinator, the expansion of their survey requirements and high costs of flight time has forced them to switch to conduct ing aerial surveys every two years. T he next aerial survey is scheduled for February or March of 2014. In a meeting with an Anoka County Park hunt coordinator on July 23, 2013, the crash map visual was reviewed and we specifically discussed the problem location from the 7300 to 7500 block of Lake Dr. where the density of vehicle v. deer collisions was noticeably hig her than most other areas . Because it’s likely that the deer population along this part of Lake Dr. come from the Anoka County Park herd, t he hunt coordinator agreed to hold an additional controlled hunt in the area behind the Lino Lakes Civic Complex in the fall of 2013 in an eff ort to remove more deer from that portion of the park. Other areas of county park propert y were reviewed to see how hunting might be used to impact deer numbers. No other areas of County Park owned lands in Lino Lakes were identified as potential hunting zones where hunts could be safely conducted. There will be 100 permits issued to archery hunters in 2013 for t he designated hunting zones within the Rice Creek Chain of Lakes Park. The county park archery hunt will run from October 19 through December 31, 2013. Considerations for 2013 Amend Ordinance 504.02 to allow archery hunting: The West Central and South west portion of Lino Lakes is currently closed to any type of hunting by ordinance #504.02 (2). The closing of this area to all hunting was adopted by the Lino Lakes City Council in July, 1984. It’s not clear in archived documents why this restriction wa s added to the ordinance at that time. Lino Lakes City Clerk, Julie Bartell, was able to locate the meeting notes for the council meetings around the July, 1984 timefr ame but found no explanation for the change. Ordinance #504.02(2) states: No person s hall shoot, fire -off, discharge or explode any firearm or non -firearm upon or onto any of the following: (2) Lands and waters lying southerly of the center line of Lilac Street which are westerly of the center line of Lake Drive (U.S. Highway No. 8 ) extend ing along Hodgson Road (U.S. Highway No. 49) and North of Ash Street (County Road J) as the same are now laid out and traveled; Upon talking with several long -time Lino Lakes residents who live within the closed area, I found that because of problems they had with firearm hunters in the late 1970’s and early 1980’s, residents attended several council meetings and requested the ordinance change which was accepted by the council in 1984. Currently, t here are some privately owned propert ies in that “closed” a rea which could be archery hunted at the property owner’s discretion if the City chose to amend the current ordi nance to allow archery hunting in compliance with other the archery ordinance restrictions. However, this is not a recommendation to change the firearm restriction to this part of the ordinance. MBRB – 2013 Controlled Hunt Option s In speaking with a hunt coordinator with the Metro Bow hunters Resource Base (MBRB), I learned that they would likely be able to conduct hunts in Lino Lakes during th e fall of 2013 if they were requested to do so. Upon r eviewing the map of property owned by the City of Lino Lakes, three parcels of land were identified as being large enough to safely and productively hold controlled archery deer hunts through the MBRB . The f irst property is north of the 81 00 block of Diane St. and west of the 8200 block of Lake Dr. This parcel is 17.6 acres in size and would allow MBRB hunters access from Diane St. We don’t have an estimated number of deer in this area. This area is somewhat restrictive to hunters because of the distance requirement in our archery ordinance. However, MBRB hunters would be able to hunt the northwestern portion of this parcel and still be in compliance with the ordinance. The second parcel is o n the southeast corner of the Birch St . /Centerville Rd. intersection. This property is approximately 62 acres in size and has a few places where MBRB hunters could safely and productively archery hunt within the ordinance. There are several access point s to this property. The third property is located in the West Oaks Edition. This property is approx imately 58 acres in size. Although the crash data doesn’t necessarily identify this as a problem deer area , this area is believed to hold a relativel y large deer herd . In 2011, Ramsey County estimated a herd of 56 deer in their “open space ” property less than one mile south of this Lino Lakes property. There are some limitations to this property. First, parking and access to the property for MBRB hu nters would be very limited. Second, the distance requirement in the archery ordinance would limit hunters to one small wooded area on the north side of the city property. If the City chooses to approve a controlled hunt through the MBRB, the MBR B hunt coordinator asked that we notify their group as soon as possible so they could get their planning process started. If requested, the MBRB would likely hold their Lino Lakes hunts in November and/or December, 2013. CITY COUNCIL AGENDA ITEM 6A STAFF ORIG INATOR: Katie Larsen, City Planner MEETING DATE: August 26, 2013 TOPIC: i. Consider Resolution No. 13 -89 Approving Variance to Allow for Second Driveway Access for 2235 Arthur Court ii. Publ ic Hearing: Consider 1 st Reading of Ordinance No. 09 -13 Vacating a Portion of th e Drainage and Utility Easement on Lot 6, Block 2, Clearwater Creek VOTE REQUIRED: 3/5 (Item i) and 4 /5 (Item ii) INTRODUCTION The applicant has submitted a Land Use Application for a drainage & utility easement vacation and variance for th e purpose of constructing a 40’x 50’ (2,00 0 s.f.) detached accessory building. The residential property is located at 2235 Arthur Court. The vaca tion is for an existing drainage and utility easement and the variance is to allow for a second driveway access. BACKGROUND Drainage and Utility Easement Vacation As shown on the Clearwater Creek plat, a drainage and utility easement was dedicated over a wetland area. This easement exists over much of Lot 6, Block 2 (2235 Arthur Court). A Wetland Delineation Report was prepared by Earth Science Associates, Inc. in May 2013 and was approved by Rice Creek Watershed District (RCWD) as LGU of the Minnesota Wetland Conservation Act via Notice of Decision Application #13 -049R on June 18, 2013. The Wetland Delineation Report identifies the actual boundaries of the wetland and indicates over 1 acre of useable upland exists on the subject property. A Sketch an d Description Survey prepared b y EG Rud & Sons on August 20 , 2013 shows the new delineated wetland boundary, the proposed drainage and utility area to be vacated and the proposed location of the accessory building. A 10 foot drainage and utility easement will be maintained along Cedar Street. The second reading of the ordinance is scheduled for September 9, 2013 . Variance Per City Ordinance Chapter 1007, Section 3, Subd. 5.C.8.f.4: “A single -family lot in a residential zoning district shall not hav e more than one driveway accessing a public street.” A variance is needed to allow for a second driveway access onto Cedar Street. The accessory building cannot be accessed from Arthur Court due to the wetland between the principal and proposed accessory building. The Planning & Zoni ng Board made recommendation to approve the variance at their August 14, 2013 meeting. RECOMMENDATION Staff is recommending approval of the following items with conditions listed per resolution or ordinance: 1. Resolution N o. 13 -89 Approving Variance to Allow for Second Driveway Access for 2235 Arthur Court 2. Ordinance No. 09 -13 Vacating a Portion of th e Drainage and Utility Easement on Lot 6, Block 2, Clearwater Creek ATTACHMENTS 1. Resolution No. 13 -89 2. Ordinance No. 09 -13 CITY OF LINO LAKES RESOLUTION NO. 13 -89 VARIANCE TO ALL OW FOR SECOND DRIVEWAY ACCESS FOR 2235 ARTHUR COURT WHEREAS, a request has been submitted to the City for the approval of a variance at 2235 Arthur Court , said property legally described to -wit: Lo t 6 , Block 2, Clearwater Creek ; and WHEREAS, review and approvals of variances are governed by state statutes and City ordinances, and WHEREAS, the Lino Lakes City Council makes the following Finding s of Fact : a. The variance shall be in harmony with th e general purposes and intent of the ordinance. The general purpose and intent of the ordinance is to establish performance standards intended to assure compatibility of uses, prevent blight and to enhance the health, safety and general welfare of the res idents of the community. An addition driveway access onto Cedar Street for an accessory building does not pose a threat to the health or safety of the neighborhood. This section of Cedar Street is a local street and several industrial users along the nor th side of Cedar Street have multiple driveway accesses. Accessory buildings have less vehicle trips in comparison to single family homes or industrial users. b. The variance shall be consistent with the comprehensive plan. The variance is consistent wi th the comprehensive plan. The parcel is guided for Low Density Sewered Residential development. This section of Cedar Street is a local street and several industrial users along the north side of Cedar Street have multiple driveway accesses. c. There sh all be practical difficulties in complying with the ordinance. “Practical difficulties,” as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by the ordinance . Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. The property owner proposes to use the property in a reasonabl e manner. The construction of a detached accessory building and driveway access are reasonable uses of the upland area of the property. The wetland delineation indicates over an acre of usable land that is not accessible from Arthur Court. The practical difficulty in complying with the ordinance would require wetland impacts and increased impervious surface to construct a driveway south to the existing driveway onto Arthur Court. d. The plight of the landowner shall be due to circumstances unique to the property not created by the landowner. The plight of the landowner is created by the existing wetland area and not the landowner himself. e. The variance shall not alter the essential character of the locality. The variance shall not alter the essentia l character of the locality. Accessory buildings and driveways are common features of residential districts. The industrial properties to the north of Cedar Street have multiple access points. f. A variance shall not be granted for any use that is not a llowed under the ordinance for property in the zoning district where the subject site is located. Accessory buildings and driveways are permitted as Accessory Uses in the R -1, Single Family Residential District. g. In accordance with MN Stat. 462.357, Subp. 6, variances shall be granted for earth sheltered construction as defined in MN Stat. 216C.06, Subd. 14, when in harmony with the zoning ordinance. Not applicable. NOW, THEREFORE BE IT RESOLVED by The City Co uncil of The City of Lino Lakes hereby a pproves a variance to allow for a second drivew ay access for 2235 Arthur Court, subject to the following conditions: 1. The accessory building shall meet the general building and use provisions of Section 3, Subd. 4. 2. A building permit shall be submitted by t he applicant and approved by the City prior to construction. 3. The driveway shall be paved with appropriate surface. Adopted by the Council of the City of Lino Lakes this ___ day of _______, 2013. The motion for the adoption of the foregoing resolution wa s 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: _______________________________ J eff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk 1 st Reading: Publication: 2 nd Reading: Effective: CITY OF LINO LAKES ORDINANCE NO. 09 -13 ORDINANCE VACATING A PORTION OF THE DRAINAGE AND UTILITY EASEMENT ON LOT 6, BLOCK 2, CLEARWATER CREEK (2235 ARTHUR COURT) “The City Council of Lino Lakes ordains". Section 1 Findings 1. The City Council of Lino Lakes has deter mined to vacate a portion of the drainage and utility easement as shown in Exhibit A and described as: That part of the drainage and utility easement as dedicated on Lot 6, Block 2 , CLEARWATER CREEK, Anoka County, Minnesota, according to the recorded plat thereof, described as follows: Commencing at the northwest corner of said Lot 6, Block 2; thence on an assumed bearing of South 87 degrees 00 minutes 17 seconds East, along the no rth line of said Lot 6, Block 2 a distance of 115.40 feet; thence South 38 degrees 06 minutes 10 seconds West a distance of 12.22 feet to a line drawn parallel with and 10 feet southerly of said north line and to the point of beginning of the easement to b e vacated; thence South 87 degrees 00 minutes 17 seconds East along said parallel line a distance of 164.00; thence South 02 degrees 59 minutes 43 seconds West a distance of 140.01 feet; thence South 45 degrees 02 minutes 56 seconds West a distance of 39.1 5 feet; thence North 87 degrees 53 minutes 36 seconds West a distance of 104.89 feet; thence South 73 degrees 48 minutes 33 seconds West a distance of 32.90 feet; thence North 82 degrees 29 minutes 10 seconds West a distance of 36.64 feet; thence North 00 degrees 48 minutes 04 seconds West a distance of 111.71 feet; thence North 76 degrees 57 minutes 06 seconds East a distance of 37.17 feet; thence North 14 degrees 47 minutes 51 seconds West a distance of 34.49 feet; thence North 38 degrees 06 minutes 10 se conds East a distance of 29.40 feet to the point of beginning. 2. A public hearing was held on August 26, 2013 before the City Council in the City Hall Council Chambers after due published and posted notice had been given and a reasonable attempt was made to give personal notice to all affected property owners, and all persons interested were given an opportunity to be heard; and 3. It appears to be in the best inte rest of the City to vacate a portion of such drainage and utility easement; and 4. Four -f ifths 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 This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Adopted by the Lino Lakes City Co uncil this ____ day of __________________, 2013 . The motion for the adoption of the foregoing ordinance was introduced by Council Member_____________and was duly secon ded 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 EX H I B I T A 1 CITY COUNCIL AGENDA ITEM 6B STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: August 26 , 2013 TOPIC: Residential Planned Unit Development (PUD) Concept Plan Review for Emmerich Development Corporation VOTE REQUIRED: None INTRODUCTION The applicant, AJE Companies, submitted a Land Use Application for a PUD Concept Plan Review for a residential subdivision located in the southeast quadrant of the City. It contains 5 parcels totaling approximately 75 gro ss acres and consists of a residentia l density mix of single family lots, townhomes and an age restricted multi -family residence. The applicant had previously submitted a Concept Plan #1 but is requesting review of the submitted Concept Plan #2. BACKGROUND Use Concept Plan #2 Single Family Lots 163 units Townhomes 41 units Age Restricted Units 57 -66 units TOTAL UNITS 261 -270 units Gross Acres 75.5 acres Open Space & Park 22 acres Net Acres 53.5 acres Street ROW 11.3 acres Density 4.88 to 5.05 DU per Acre Note: There are some mino r discrepancies in information between the Concept Plan and application narrative in terms of density. 2 ZONING AND LAND USE Current Zoning R, Rural Current Land Use Agricultural and Rural Residential Future Land Use per CP Medium Density Residential (4 .0 to 5.9 DU per acre) MUSA 2020 District Utility Staging Area 1A=2008 -2015 (north ½) 1B=2015 -2020 (south ½) To accommodate the proposed mixed density residential development the property will need to be rezoned to Planned Unit Develo pment. The propos ed project will also require a City Council resolution to amend the five (5) year Utility Staging Area boundaries s ince the site spans two different areas (1A and 1B). Per the City’s Comprehensive Plan, medium density residential development allows for r esidential development at 4.0 to 5.9 dwelling units per acre. The concept plan is generally consistent with the Comprehensive Plan’s guided land use and density. SURROUNDING ZONING AND LAND USE Direction Zoning Current Land Use Future Land Use North LI , Light Industrial City of Centerville & Agricultural City of Centerville & Industrial South R, Rural Agricultural Urban Reserve East R -1, Single Family Res I35 E & Single Family Residential Low Density Residential West R, Rural Rural Residential Low an d Medium Density Residential ZONING REQUIREMENTS AND STANDARDS The property will be rezoned to Planned Unit Development (PUD) to accommodate a mix of residential densities . Lot widths for the single family units are 70 feet (85 feet for corner lots) an d lot depths are 125 -130 feet. Street B is considered a minor collector street and 40 foot setbacks will apply. Additional p rovisions f or future deck construction s hall be incorporated into plans which meet required setbacks. 3 The project proposes si ngle family lots generally consistent with the R -2, Two Family Residence District. Residential home construction shall meet those requirements. No information was provide d regarding the proposed townhome residences. The single family homes will also be subject to the garage and building façade architectural requirements contained in the R -2 district standards as follows: Garages. All single family dwellings shall have a double garage and shall comply with the following: a. Compliance with the Building Ty pe and Construction Standards of Section 3. Subdivision 4.B, and b. All garages, except side or rear loaded garages, shall not protrude forward of the front wall of the house, unless the house includes a front porch that is unenclosed, a minimum of 8 feet in depth, and extends across 100 percent of the front façade of the house. The garage shall then not protrude forward of the front porch, and c. If the garage door faces the street, the length of the garage wall facing the street shall not be greater than fif ty percent (50%) of the length of the entire front facade of the structure; except on houses that comply with all of the following conditions: 1) The second floor living space extends over the two -car portion of the garage; and 2) The garage doors are decorati ve and have a strip of windows; and 3) Garages in excess of two stalls shall be broken up so the additional stalls are recessed four feet from the main garage façade; and 4) Garage width does not exceed 32 feet. Landscaping Boulevard trees are required at th e rate of 1 tree per 70 linear feet of road frontage. Open areas shall be landscaped in accordance with City standards. . Landscape screening and buffers shall be installed along 20 th Avenue and I -35E in accordance with City standards. Noise mitigation techniques along I -35E near townhomes shall be required COMPREHENSIVE PLAN The development is located in Planning District 3 and is guided for medium density residential development. 4 The Resource Management System Plan identifies the following needs in the area: • Future neighborhood park • Designated bike route along CSAH 54 (20 th Avenue ) • Trails • Greenway system The proposed plan appears to address these elements. A p re liminary survey finds no threatened or endangered species on the property or in the im m ediate vicinity . A 20 acre greenway corridor and park are proposed along the southeastern quadrant of the site adjacent to an existing drainage channel. It appears that the park can be expande d to the north in the future; h owever staff is still reviewing the size and configuration. Resource m anagement recommendations for the area include a greenway system along the southeast quadrant of the site which coincides with the existing floodplain, drainage ditc h and wetland areas . ALTERNATIVE URBAN AREAWIDE R EVIEW (AUAR) The site is within the 2005 I -35E Corridor AUAR and is subject to the AUAR mitigation plan. The proposed development is consistent with development Scenario 1 for medium density residential. Please see Attachment 9 for a copy of the AUAR Mit igation Plan Summary. FLOODPLAIN OVERLAY DISTRICT The southeast quadrant of the site is located within a designated Zone A flood plain district. The applicant shall be responsible for verifying the base flood elevations, and demonstrating how the propo sed floodplain fill areas will be mitigated on site. Both the Rice Creek Watershed District (RCWD) and the City have specific permitting processes for floodplain fill. Additionally, a Letter of Map Amendment (LOMA) or Letter of Map Revision (LOMR) will n eed to be obtained from the Federal Emergency Management Agency (FEMA ) for any alterations to the floodplain. GROWTH MANAGEMENT POLICY Per the C omprehensive P lan (page 3 -27), an annual average of 230 units per year over each 5 year phasing period not to exceed 345 units in any 1 year is allowed . At the end of the 5 year phasing perio d unallocated unit s will be averaged out over the next 5 years. A phasing plan may be required to insure consistency with this requirement. SUBDIVISION DESIGN STANDARDS A PUD Development Stage Plan and Final Plan application are required . The PUD ordinance details development requirements. It is also recommended that a neighborhood 5 meeting be held with adjacent property owners. Staff ’s preliminary design comments are as follows: Blocks • P edestrian way s are provided to break up long blocks and connect lots with open space. Lots • The single family lots are 70 feet in width (85 feet corner) and 125 -130 feet in depth. • Lot a rea s s hall consist of buildable land exclusive of ut ility transmission or water course easements . • Wetlands require 10 foot buffer . • The proposed age restricted apartment is isolated among the single family lots. A location near the townhomes and open space would lend to a natural transition from low to high density development. Streets & Alleys CSAH 54 (20 th Avenue ) is a n “A” Minor Arterial -Reliever and Cedar Street W is a local road. The Comprehensive Plan identifies the need for a minor collector road extending north -south through the development. Str eet A provides one access point onto CSAH 54 (20 th Avenue ) and the second access shall be provided at either Cedar Street (north) or Birch Street (south). C are should be taken in the design and layout of Street B to minimize the likelihood of cut through traffic from Birch Street to growing commercial areas north of the site. Street A is located consistent with the access spacing proposed in the 35E Alternative Urban Areawide Review (AUAR). Additionally, the following items should be taken into considera tion: • Street A & B shall be 32 feet wide. • Other streets will be allowed at 28 feet wide. • Sidewalk shall be installed along one side of Street A. • Street B shall be completed from S treet A to Street F and f ull 60 feet of right of way will need to be provide d fo r that portion of Street B extending north of Street A. • A t urn lane off of 20 th Avenue will be required subject to review by Anoka County. • A traffic study will be required as part of the development application. Build Out Plan A build out plan (gho st plat) illustrating a proposed future street syst em and land use (i.e. single family, townhomes, etc.) for ad jacent parcels shall be required . 6 Easements A private power line easement exists across the northwestern tip of the development. Drainage and utility easements shall be provided in accordance with the subdivision regulations. Easements will be placed along all property lines, around wetlands and stormwater ponding areas. Storm Water M anagement The drainage divide cuts the site diagonally. Most of the s urfa ce water flows to Clearw ater Creek. A small portion flows to Amelia Lake. The co ncept plans shows several ponding area s throughout the development. A storm water management plan that meets or exceeds the requirement s o f Rice Creek Waters hed District shall be prepared. • It would be beneficial to employ a stormwater treatment -train design that uses BMP's that can reduce volume and filter stormwater throughout the proposed development. • One (1) foot contours are required. • Rear yard drain age swales that exceed more than four lots in length will require a rear yard catch basin. • The wetland delineation that is shown has expired and will need to be updated. • A Rice Creek Watershed District permit will be required. We recommend beginning discu ssion with the district as soon as possible. Public U tilities The subject site is located in Sanitary Sewer District 3 (Sub -district 3C) and is served by a MCES Interceptor 76 -51 , a 24 -inch gravity sewer in Cedar Street The gravity sewer main is located approximately 400 feet to the east of the no rth boundary of the development and is adequate in size for development of the site. The trunk sanitary sewer main will extend from the existing MCES i nterceptor south on Street B into the development. The su bject site is served by a 16 inch trunk watermain located in CSAH 54 (20 th Avenue) and Cedar Street. The trunk watermain will extend from Cedar Street south along Street B to the proposed future extension of Birch Street and then west on Birch Street to 2 0 th Avenue. Public Land Dedication The City will require a combination of land dedication and cash in lieu of land. A per unit fee will be charge against all units in the plat. The value of land proposed for dedication will be subtracted from this amou nt. 7 Tree Preservation A tree sur vey and preservation plan shall be submitted. There are a few small tree stands specifically on the southwestern corner of the site that will need to be evaluated. RECOMMENDATION The City’s review and comments on th e concept plan’s relation to the Comprehensive Plan and development regulations do not grant any rights to the applicant to development the property as depicted by the concept plan. The Environmental Board reviewed the concept plan on July 31, 2013 and th e Planning & Zoning Board reviewed the plan on August 14, 2013. Overall general comments were in favor of submitting a PUD Development Stage/Preliminary Plat application. Staff is seeking Council’s overall general comments related to:  Density  Mix of hou sing types  General subdivision layout ATTACHMENTS 1. Site Location Map 2. Aerial Map 3. Existing Site Conditions Map 4. Applicant Narrative 5. Concept Plan #2 6. Examples of Single Family Homes 7. Environmental Coordinator Memo dated August 8, 2013 8. RCWD Email Comments dated July 24, 2013 9. AUAR Mitigation Plan Si t e L o c a t i o n M a p 0 2 , 5 0 0 5 , 0 0 0 7 , 5 0 0 1 0 , 0 0 0 1, 2 5 0 Feet Wi l k i n s o n La k e OH W L 8 9 5 . 2 Ce d a r L a k e OH W L 8 9 2 . 9 Ba l d w i n L a k e OH W L 8 8 3 . 1 10 0 - y r 8 8 6 . 1 Bald Eagle Lake OHWL 911.0 100-yr 912.6 Ri c e L a k e OH W L 8 8 3 . 1 10 0 - y r 8 8 6 . 0 Ma r s h a n L a k e OH W L 8 8 3 . 3 10 0 - y r 8 8 6 . 1 Pe l t i e r L a k e OH W L 8 8 4 . 7 10 0 - y r 8 8 7 . 0 Ce n t e r v i l l e L a k e OH W L 8 8 5 . 0 10 0 - y r 8 8 6 . 3 Ge o r g e W a t c h L a k e 10 0 - y r 8 8 6 . 1 Re s h a n a u L a k e OH W L 8 8 3 . 5 10 0 - y r 8 8 6 . 0 Ot t e r L a k e OH W L 9 1 1 . 5 10 0 - y r 9 1 2 . 6 Am e l i a L a k e OH W L 9 0 8 . 1 10 0 - y r 9 1 0 . 0 §¨¦ §¨¦ §¨¦ §¨¦ Em m e r i c h D e v e l o p m e n t Co r p o r a t i o n 35 E 35E 35 W 35 W µ  Page 1 Memo T o: Katie Larsen From: Marty Asleson Date: August 8, 2013 Re: Environmental Board Recommendations for AJE Companies, Inc., Sketch Plan Review The following recommendations were made by the Lino Lakes Environm ental Board on July 31, 2013 concerning the Sketch Plan of AJE Companies proposed in Section 25: • A ditch drains wetland through this property. It may be beneficial to the developer and the city to investigate wetland restoration. Restoration may allow fo r credits that could be generated to allow for wetland impacts that might occur to create an internal loop to proposed high -density housing in the SE corner. This would allow for immediate development of the proposed high -density housing into the medium d ensity housing proposed for the site. • The site includes floodplain in the SE corner. This will need to be defined with the project design. • Sound barrier/noise attenuation from the freeway should be incorporated into the design for housing. • AUAR concerns m ust be addressed • Screening will be needed on the west and north sides. Environmental 1 Katie Larsen From:Nicholas Tomczik <ntomczik@ricecreek.org> Sent:Wednesday, July 24, 2013 3:39 PM To:Katie Larsen Subject:RE: Plan Review for Lino Lakes Katie, The District’s initial comments for the proposed de velopment located between Cty Rd 54 and 35E and jus t south of Cedar Street W are as follows: • The District files indicate that the wetland deline ation was approved in early 2005 and has expired. A new wetland delineation would be required utilizing the current policies and procedures. (Appears to be a cropped area so an aerial slide review would be required.) • The property is located in the Lino Lakes CWPMP and subject to the special provisions of RCWD Rule F S ection 6. The section, in part, requires a functional ana lysis of the wetlands in order to apply Table 1 and /or Table 2 for wetland activities. • The applicant will need to maintain the capacity of the private drainage system on the property for an y upstream properties. As you know, at this early stage, these comments ar e not intended as an exhaustive review and the RCWD lo oks forward to working with the applicant as their project deve lops. Feel free to contact with questions. Nick Tomczik Permit Coordinator/Wetland Specialist Rice Creek Watershed District 4325 Pheasant Ridge Dr. NE, #611 Blaine, MN 55449-4539 Phone: 763-398-3079 ntomczik@ricecreek.org Please note the Rice Creek Watershed District’s new logo below. From: Dawn Bugge [mailto:dawn.bugge@ci.lino-lakes.mn.us ] Sent: Monday, July 22, 2013 2:23 PM To: Nicholas Tomczik Cc: Katie Larsen Subject: Plan Review for Lino Lakes Mr. Tomczik, The City has received an application for a Planned Unit Development Concept Plan for residential devel opment. Attached are submittal documents for your review. If you have a ny informal comments for the developer’s considera tion before they begin plan design, please contact Katie Larsen at katie.larsen@ci.lino-lakes.mn.us or 651-982-2426. Thank you, 1 AUAR M ITIGATION PLAN SUMMARY The following list is intended to summarize, in the form of a list, the mitigation strategies required or recommended by the AUAR. This summary may seem lengthy at 11 pages. However, t he complete mitigation plan is 29 pages long. This summary list is intended as an aide, a shortcut, and is not to be considered the complete list of requirements for development in the 4660 -acre AUAR area. In order to understand the mitigation strategies, p otential developers should spend time reading the AUAR, especially the mitigation plan. In addition, all applicable zoning, subdivision, and other requirements apply. I TEM 11. F ISH , W ILDLIFE , E COLOGICALLY S ENSITIVE R ESOURCES Mitigation Strategies The C ity will: 11.1 Implement the Conse rvation Design Framework (CDF, see Figure 10 -3), which includes conservation of “Core” and “Outlier” habitat areas, buffering these natural resources, and establishing greenway corridors throughout the AUAR area to provide connectivity for ecological and w ildlife corridors, regional stormwater collection and conveyance, and passive recreational opportunities. Implementing the CDF within a Proposed Development Project Site To achieve the objectives outlined in the CDF, the City will require future project p roposers to do two things simultaneously: 1) plan for ecological stormwater management and natural resource conservation within the development project site, and 2) provide land, finances, and/or construction activities to implement components of the CDF. Conservation development design and/or low impact development design principles will be required of new developments with an emphasis on ecological stormwater management and natural resource conservation. The stormwater and conservation components of ind ividual developments must integrate with the CDF. A management plan and stewardship fund will be required to ensure long - term perpetuation of the public values conserved or restored in the natural open space and in the ecological stormwater management sys tem of the CDF. Ecological education, provided by the developer, may be required for a specific development project (e.g., educational pamphlets, signage, Home Owner Association workshops, etc.). 2 11.2 Add the “Core” and “Outlier” habitat areas to the Ci ty’s Parks, Natural Open Space/Greenw ays, and Trail System Plan map. 11.3 Require public land dedication of priority natural open space areas through the subdivision process. 11.4 Require that cash in lieu of public land dedication for subdivisions withi n the AUAR area be spent within the AUAR area to purchase, restore, and/or maintain priority natural open space areas. 11.5 Consider provisions for conserving “Other” habitat areas (see Figure 10 -2) during the development review process. 11.6 Establish m echanisms for ecological restoration, management, stewardship, and education. 11.7 Provide for turtle and other wildlife passage by continuing to require surmountable curbing in new residential developments and encouraging ecologically sensitive site desi gn. 11.8 Consult with the DNR and/or US Fish and Wildlife Service to determine appropriate mitigation strategies for activities near the Bald Eagle’s nests within the AUAR area before development occurs within the vicinity of the nests, including reviewin g recommended disturbance limit guidelines developed by the DNR. 11.9 Continue to enforce the Peltier Lake No -Wake Zone ordinance and establish buffers to protect the Peltier Lake Heron Rookery. 11.10 Require rare plant surveys, by qualified personnel, prior to development in wetland areas. 11.11 Encourage ecologically sensitive design and construction practices for the proposed northerly bypass. 3 I TEM 12. W ATER R ESOURCES : W ETLANDS Mitigation Strategies The City will: 12.1 Delineate wetlands in acco rdance with the Corps of Engineers Wetlands Delineation Manual and classify wetlands according to Wetlands of the United States (Circular 39) and Wetlands and Deepwater Habitats of the United States. 12.2 Follow sequencing process of wetland avoidance, mi nimization, rectification, and mitigation as outlined in the Wetland Conservation Act (WCA) if wetlands area altered. 12.3 Apply for applicable wetland permits to obtain authorization for wetland alterations under WCA and Section 404 prior to project cons truction if development activities will impact a jurisdictional wetland. 12.4 Mitigate areas of wetland impacts according to the requirements of the Wetland Conservation Act . 12.5 Submit wetland permit applications and replacement plans, as appropriate, to the Minnesota Board of Water and Soil Resources, Rice Creek Watershed District, and the City of Lino Lakes. 12.6 Follow the requirements for wetland alterations delineated by the Rice Creek Watershed District (RCWD). 12.7 Minimize or avoid totally any filling of public waters through careful design. I TEM 13. W ATER U SE Mitigation Strategies The City will: 13.1 Monitor water usage and do not permit new development to proceed if it exceeds the capacity of the water supply and distribution system. 13 .2 Construct the water supply and distribution system in accordance with Minnesota Department of Health standards and with the goals, policies, and recommendations set forth in the city’s Comprehensive Water System Plan. 13.3 As necessary, amend the city’s Comprehensive Water System Plan and Capital Improvement Plan to be consistent with an future amendments or updates to the 4 Comprehensive Plan that would necessitate expansions or alterations to the water system. 13.4 Prepare a Wellhead Protection Plan am endment for new wells and follow the adopted wellhead protection plans for Lino Lakes and Centerville. 13.5 Require abandoned private wells to be sealed in compliance with the Minnesota Department of Health regulations. 13.6 Require that the installation of any private individual wells be constructed and installed in accordance with the Minnesota Department of Health regulations (Minnesota Well Code). 13.7 Continue to implement the City’s adopted water conservation policies which are intended to attenuat e peak water demands throughout the City. I TEM 15. W ATER S URFACE U SE Mitigation Strategies The City will: 15.1 Consider restricting individual lake access and dock construction along public and private shorelands by encouraging the use of clustered access and dock facilities. I TEM 16 E ROSION AND S EDIMENTATION Mitigation Strategies The City will: 16.1 Require project proposers to acquire NPDES/SDS General Stormwater Permit for Construction Activity from the MPCA prior to initiating earthwork. 16 .2 Require project proposers to meet the erosion and sediment control regulations in all applicable regulations, ordinances and rules of the city and MPCA, and Rice Creek Watershed District. 16.3 Require project proposers to minimize runoff, improve the q uality of runoff, and provide erosion control through BMPs and other low impact development techniques. including: • Reduce impervious surfaces (e.g., use narrow roads, efficient road layout, permeable pavement); 5 • Break up impervious surfaces to allow opport unities for infiltration; • Use ecological stormwater management techniques, such as vegetated swales, infiltration systems, and biofilter wetlands; • Provide energy dissipation and outfall stabilization; and • Establish and maintain vegetated buffers around aqu atic resources. 16.4 Provide construction oversight to ensure designed sediment and erosion control measures are being implemented. 16.5 Implement the Conservation Design Framework (CDF, Figure 10 -3). which is designed to help mitigate erosion and sedim entation caused by surface water runoff. Components of the CDF that help mitigate erosion and sedimentation include conservation of natural open spaces, buffering, and an ecological stormwater management system. I TEM 17 W ATER Q UALITY : S URFACE W ATER R UNO FF Mitigation Strategies The City will: 17.1 Work with project proposers to establish a regional stormwater management system within the Conservation Design Framework (CDF, see Figure 10 -3) that consists of vegetated swales, wet prairies, and wetlands oriented in series to effectively retard runoff rates, reduce stormwater volume, and enhance water quality. 17.2 Work with project proposers to disperse collection, conveyance, and management of stormwater runoff as much as possible throughout the AUAR site thr ough the use of bio -swales, rain gardens, and infiltration areas. 17.3 Require stormwater management systems to be developed in accordance with Rice Creek Watershed District Rules . 17.4 Require project proposers to design stormwater management areas (SMAs) to suppor t native vegetation and maintain runoff rates at or below pre -development conditions. 17.5 Require project proposers to design stormwater management systems that can achieve proposed conditions runoff volumes that are no less than 80% and no greater than 150% o f existing conditions runoff volumes. 17.6 Encourage project proposers to use techniques that produce no net increases in total phosphorus content of proposed conditions runoff relative to existing conditions runoff. 17.7 Require project proposers to provide detail ed topographic information with a contour interval of 1 -foot and drain tile mapping. 6 17.8 Require project proposers to disperse outflow from stormwater management facilities to prevent erosion and failure of outlet structures. Make attempts to simulate sheet fl ow at these locations as opposed to concentrated flows. 17.9 Require project proposers to use conservation development design and/or low impact development techniques, and ecological stormwater management techniques. 17.10 Require project proposers to limit the amoun t and connectedness of impervious surfaces and direct runoff into vegetated landscape areas including swales, prairies, and other infiltration. 17.11 Require project proposers to use stormwater management techniques that encourage infiltration of stormwater runo ff and groundwater recharge, whenever possible, to maximize the infiltration potential of the site. Sizing criteria for SMAs are designed to support large infiltrating surfaces or wetland complexes. To create conditions appropriate for these two types of stormwater management features, SMAs within the AUAR area must have: • no more than 20% of their surface area as permanent open water; the remaining surface area of each SMA shall contain mesic prairie or wet prairie plant communities to maximize the infiltr ation and water quality treatment capacities of the system. • design high water levels (100 -Year) less than or equal to 2.5 feet above the normal water level or lowest outlet invert. • side slopes that are less than or equal to 6:1, horizontal to vertical, a nd a 10:1 safety bench at the normal water level per RCWD requirements. The following is a list of additional stormwater management recommendations :  Adhere to surface area recommendations for stormwater management (Figure 17 -3).  During site design, follo w low impact development practices, such as increased open space, disconnected and minimized impervious surfaces, capitalizing on high infiltration capacity soils, and dispersed stormwater management.  In residential development areas, use of a combination of side and rear lot drainage easements that are no -mow zones planted with formal or informal native landscaping. The rear lot areas would be designed for infiltration, and side lot areas would be designed for effective drainage and conveyance of water fro m around foundations to ensure no standing water remains adjacent to the houses.  Route driveway, sidewalk and gutter downspout waters into rain gardens and infiltration areas. This can be accomplished without compromising 7 safe and effective drainage and de watering needs around foundations and road subgrades.  Route road runoff into parkway and road ROW swales, rain gardens, and infiltration areas.  Route parking lot runoff into bio -swales, parking lot islands, and other suitable locations that support infiltr ation. I TEM 18 W ATER Q UALITY : W ASTEW ATER Mitigation Strategies The City will: 18.1 Monitor wastewater flows and not permit new development to proceed if it exceeds the capacity of the wastewater system. 18.2 Construct the major infrastructure impro vements needed to expand the capacity of the wastewater system (i.e. lift stations, forcemains, and upgrades to the existing systems) in accordance with the Comprehensive Sanitary Sewer Plan and Capital Improvement Plan. 18.3 Adequately phase capacity imp rovements. 18.4 Amend the Comprehensive Sanitary Sewer Plan and Capital Improvement Plan to be consistent with any amendments to the Comprehensive Plan that would necessitate expansions or alterations to the sanitary sewer system and regional capacity nee ds. I TEM 19 S OIL AND G ROUNDWATER C ONTAMINATION Mitigation Strategies The City will: 19.1 Require the removal of all tanks and associated underground piping in accordance with applicable state and federal laws. 19.2 Require that any party that may dis cover residual petroleum contamination shall follow state law and report the information to the MPCA for further investigation and potential remediation. 8 I TEM 21 T RANSPORTATION Mitigation Strategies The City will: 21.1 Create a monitoring program that closely evaluates traffic impacts from proposed developments within the AUAR area. 21.2 Implement traffic mitigation measures as development occurs within the AUAR area. Specific mitigation measures for the three development scenarios are discussed i n Item 21 and depicted on Figures 21 -8, 21 -9, and 21 -10. These mitigation measures improve overall traffic operations for the respective development scenarios. The improvements are intended to represent the minimum level of infrastructure investment that would be needed to meet acceptable level of service standards. Additional roadway and non -motorized improvements, beyond the minimum level, may be identified to accommodate specific development needs that are identified within the AUAR area.” Primary imp rovements, regardless of land use scenario, include: 21.2.1. Develop frontage road system in compliance with local, county and state access management guidelines to serve local and regional traffic. 21.2.2 Work with appropriate road authorities to recon struct and provide additional capacity for CSAH 21. 21.2.3 Work with appropriate road authorities to construct Northerly Bypass with new interchanges at I -35W and I -35E (80th Street East) to improve traffic operations and access to and within the AUAR are a. As recommended by FHWA and Mn/DOT, a phasing plan should be established to construct each piece of the Northerly Connector as it becomes necessary to maintain the serviceability of the transportation system . Phase Improvement 1. CSAH 14, I -35W to I -35E (funded and programmed for construction) 2. CSAH 14, I -35E Interchange 3. CR 140 (80 th Street )/I -35E Interchange 4. CSAH 14 across Peltier Lake (Northerly Bypass/Connector) 5. CSAH 14/I -35W Interchange As part of these improvements, the following steps should be take n as the opportunity is presented:  Inclusion of the northerly bypass and proposed interchanges in future transportation and comprehensive plans  Preservation of right of way through official mapping or other process  Right of way dedication through the plat ting process 9 21.3 Require a traffic impact analysis for all development projects within the AUAR area. The traffic impact analysis will assist the City and other road authorities in determining the appropriate mitigation measures that are required to mit igate impacts of a specific development proposal. 21.4 Work with appropriate road authorities to mitigate the impact of the additional traffic on the on the regional system, specifically Interstates 35W and 35E, by reconstructing each to provide a six -la ne cross -section consistent with the recommendations outlined in the I -35 IRC. It should be noted that it was determined that an expansion will be necessary even without the development scenarios used in this analysis. As the interstates serve a much lar ger area, the projected growth of the entire Twin Cities region should warrant expansion by the year 2030. 21.5 Prioritize alternative travel modes within the AUAR study area and require project proposers to address alternative travel modes (e.g., buses, bicyclists, and pedestrians) by identifying appropriate accommodations. 21.6 Consider the need for additional infrastructure improvements (see item #21.2) in future updates or amendments to the Comprehensive Plan. Submit the plan update to the appropri ate agencies (i.e., FHWA, MnDOT, Met Council, etc.). 21.7 Require project proposers to follow all appropriate guidelines and policies related to traffic nose and noise walls. 21.8 Require that site plans for each of the developments include measures such as appropriate setback distances, earthen berms, noise walls, and appropriate site design to reduce the impact of traffic noise to residential areas. 21.9 Continue to require the implementation of the conditions of approval for the Eagle Brook Church r elating to mitigating traffic impacts. 21.10 Achieve effective traffic operations within the city by requiring that site plans make use of access management practices to promote sate, effective traffic flow. 21.11 Require project proposers to follow the Anoka County Highway Department Development Review Process Manual (dated December 2003.) 21.12 Continue to coordinate capital improvement programming with applicable transportation authorities. 10 I TEM 25 C ULTURAL R ESOURCES Mitigation Strategies The City will: 25.1 Consult the map that shows areas with a high potential for archaeological sites when development applications are submitted for review. Given the sensitive nature of this information, this map cannot be included in the AUAR document, nor can it be made available to the public. If a development application falls within an area that is considered to have a high potential for archaeological sites, the city will require that the following steps and procedures involved in the identification and ana lysis of any archaeological sites is followed prior to development:  Conduct a Phase I archaeological survey within the area of potential effect (APE). The objective of the archaeological fieldwork is to determine if there are archaeological sites in the areas identified as having high potential for such, and define the extent of those sites that may be impacted by development plans.  Conduct a Phase II archaeological survey. If archaeological resources are uncovered within the APE that may be eligible fo r listing on the National Register of Historic Places (NRHP) a Phase II survey should be conducted. The objective of the investigation is to determine whether archaeological resources are eligible for listing on the NRHP.  Plan for avoidance or conduct Ph ase III data recovery. If a significant archaeological site is identified that will be impacted by development, avoidance is recommended. If this is not possible, then a data recovery of the site should occur.  If human remains are recovered at any time d uring archaeological investigation or development, all activities must stop and consultation initiated with the Office of the State Archaeologist and Minnesota Indian Affairs Council. I TEM 25. U NIQUE F ARMLANDS Mitigation Strategies The city will: 25.2 Consider preservation of agricultural heritage sites by implementing thoughtful interpretive planning. 11 I TEM 27. C OMPATIBILITY WITH P LANS Mitigation Strategies The city will: 27.1 Use the information contained in the AUAR during future considerations o f updates or amendments to the adopted Comprehensive Plan and Zoning Ordinance. Any future consideration of amendments or updates to the Comprehensive Plan and Ordinances would follow the city’s set procedures and guidelines for such amendments. 27.2 Req uire that tools such as clustering, buffering, and/or screening be incorporated into future development plans to mitigate potential land use conflicts. G ENERAL I MPLEMENTATION T OOLS :  All development must comply with the Comprehensive Plan. The Comprehen sive Plan will guide the permitted land use, zoning, utility extensions, and other development activities.  Approval of future planned unit developments (PUDs), together with the development agreements, which include specific requirements.  Execution of fu ture developer’s agreements under the City of Lino Lakes’s subdivision ordinances.  Enforcement of the permitting requirements of all applicable local, state, and federal agencies.  Update the AUAR in five years, or earlier, if certain conditions or assump tions change in accordance with Mn Rules 4410.3610, subp. 3.  Enforcement of the City’s premature subdivision regulations (Section 1002 -6) to ensure that adequate public facilities are available to mitigate potential impacts. The premature subdivision requ irements follow: CITY COUNCIL AGENDA ITEM 6 C i STAFF ORIGINATOR : Michael Grochala, Community Development Director MEETING DATE : August 26 , 20 13 TOPIC : Consider Resolution 13 -90 , Accepting Petition and Waiver Agreement from ALino LLC , 21 st Avenue Improvement Project VOTE REQUIRED : 3/5 Vote Required INTRODUCTION Staff is requesting Council acceptance of a petition and waiver agreement from ALino LLC , agreeing to assessments and right -of -way dedication for the 21 st Avenue improvement project . BACKGROUND ALino LL C is the own er of land abutting the 21 st Avenue improvement project. The owner has previously received preliminary plat approval from the City for a two lot commercial subdivision. Metro Transit is purchasing one of the lots for a park and ride facility. A condition of plat approval included submittal of a petition and waiver agreement for construction of the road, extension of utilities and provision of public right -of -way and easements. The agreement allows for the City to levy against the s ubject p roperty up to $689,129.54 for the construction of the improvements and waives all requirements for special assessments under Minnesota Statutes , Chapter 429 and City Charter requirements. The agreement also provides for the dedication, at no cost to the c ity, permanent right -of -way and temporary easements necessary for the construction of the improvements on their property. The City of Centerville will be responsible for the balance of the project costs. RECOMMENDATION Staff recomme nds adoption of Resol ution 13 -90 . ATTACHMENTS 1. Resolution 13 -90 CITY OF LINO LAKES RESOLUTION NO. 13 -90 RESOLUTION ACCEPTING PETITION AND WAIVER AGREEMENT 21 st AVENUE IMPROVMENT PROJECT ALINO, LLC WHEREAS, pursuant to Resolution No. 13 -76 adopted by the City Council on June 24, 2013 the City approved the preliminary plat of ALino Addition; and WHEREAS , plat requires the improvement of 21 st Avenue by the extension of street, sanitary sewer, watermain, storm sewer, traffic control signals, and pedestrian improvements (“Improvement Project”); and WHEREAS , ALino , LLC is the owner of certain real property in the City abutting said Improvement Project; and WHEREAS , the Owner wishes the City to construct the Improvement Project without notice of hearing or hearing on the special assessments levied to finance the Improvemen t Project, and to levy up to $689,129.54 of the cost of the Improvement Project against the Subject Property; and WHEREAS , the Improvement Project requires that the City obtain certain portions of the Owner’ property for street right -of -way, temporary c onstruction easements and drainage and utility easements; and WHEREAS , the Owner wishes to donate to the City the necessary right -of -way and easements to provide for the construction of said Improvement Project; and WHEREAS , the City is willing to const ruct the Improvement Project without certain notices or hearings, provided the assurances and covenants , attached hereto as Exhibit A, are made by the Owner to ensure that the City will have valid and collectable special assessments as they relate to the S ubject Property to finance all of the costs of the Improvement Project, that all necessary right - of -way and easements are provided to the City at no cost and that a Joint Powers Agreement between the City and City of Centerville is approved ; NOW, THEREFO RE, BE IT RESOLVED by the City Council of The City of Lino Lakes, Minnesota: 1. The City accepts the Petition and Waiver Agreement and authorizes the Mayor and City Clerk to execute said agreement on behalf of the City. Adopted by the Council of the City of Lino Lakes this 26 th day of August , 20 13 . 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 followin g voted in favor thereof: The following voted against same: _____________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk EXHIBIT A CITY COUNCIL AGENDA ITEM 6Cii STAFF ORIG INATOR: Michael Grochala MEETING DATE: August 26, 2013 TOPIC: Consider Resolution No. 13 -91, Approving Joint Powers Agreement with the City of Centerville, 21 st Avenue Improvement Project VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council consideration of a Joint Powers Agreement with the City of Centerville for the construction of 21 st Avenue North. BACKGROUND In June of 2013 the City approved the preliminary plat of ALino Ad dition. The approval requires the construction of 21 st Avenue from Main Street (CSAH 14) to a point approximately 1320 feet to the north. The project will include street, storm sewer, water main, sanitary sewer , and pedestrian facilities. The City has r eceived a petition and waiver agreement from the property owner of ALino Addition to construct the improvements. The proposed improvement is centered on the corporate limits of Lino Lakes and Centerville. Accordingly and agreement between both cities is required to proceed with the project. Under the terms of the agreement Lino Lakes will design, construct and provide inspection services for the project. Centerville will be responsible for providing Lino Lakes with the necessary right -of -way and easemen ts from Centerville properties. Centerville will be responsible for a share of project costs estimated at $434,000 of the $1.2 million project. During project discussion it was determined that it would be more efficient for Lino Lakes to sanitary sewer s ervice Centerville properties abutting the improvements. The agreement provides for permitting, metering and billing of those services. Additionally, the agreement provides for ongoing maintenance of the improvements until such time as a separate compreh ensive maintenance agreement is developed between the cities. The agreement is contingent upon receipt of petition and waiver agreements from all benefiting property owners covering 100% of the project cost. RECOMMENDATION Staff is recommending approval of Resolution No. 13 -91. ATTACHMENTS 1. Resolution No. 13 -91 CITY OF LINO LAKES RESOLUTION NO. 13 -91 APPROVING JOINT POWERS AGREEMENT BETWEEN THE CITY OF LINO LAKES AND THE CITY OF CENTERVILLE 21 ST AVENUE IMPROVEMENTS WHEREAS , Minnesota Statutes, Section 471.59, authorizes political subdivisions to enter into Jo int Powers Agreements, and WHEREAS , the City of Lino Lakes and the City of Centerville agree that it is in the best interest of the traveling public to construct the extension of 21 st Avenue north of Main Street (CSAH 14); and WHEREAS, said parties mutua lly agree that the City of Lino Lakes shall cause the construction of 21 st Avenue extension; and WHEREAS, the parties agree that it is in their best interest that the cost of said project be shared, NOW, THEREFORE BE IT RESOLVED by The City Council of T he City of Lino Lakes 1. that the City Council hereby approves the Joint Powers Agreement with the City of Centerville for the construction of 21 st Avenue and authorizes execution of said agreement attached hereto as Exhibit A. Adopted by the Council o f the City of Lino Lakes this 26 th day of August , 2013 . The motion for the adoption of the foregoing resolution was introduced by Council Member _______________and was duly seconded by Council Member ________________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: _______________________________ Jeff Reinert , Mayor ATTEST: ________________________ Julianne Bartell, City Clerk CITY COUNCIL AGENDA ITEM 6Cii STAFF ORIG INATOR: Michael Grochala MEETING DATE: August 26, 2013 TOPIC: Consider Resolution No. 13 -91, Approving Joint Powers Agreement with the City of Centerville, 21 st Avenue Improvement Project VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council consideration of a Joint Powers Agreement with the City of Centerville for the construction of 21 st Avenue North. BACKGROUND In June of 2013 the City approved the preliminary plat of ALino Ad dition. The approval requires the construction of 21 st Avenue from Main Street (CSAH 14) to a point approximately 1320 feet to the north. The project will include street, storm sewer, water main, sanitary sewer , and pedestrian facilities. The City has r eceived a petition and waiver agreement from the property owner of ALino Addition to construct the improvements. The proposed improvement is centered on the corporate limits of Lino Lakes and Centerville. Accordingly and agreement between both cities is required to proceed with the project. Under the terms of the agreement Lino Lakes will design, construct and provide inspection services for the project. Centerville will be responsible for providing Lino Lakes with the necessary right -of -way and easemen ts from Centerville properties. Centerville will be responsible for a share of project costs estimated at $434,000 of the $1.2 million project. During project discussion it was determined that it would be more efficient for Lino Lakes to sanitary sewer s ervice Centerville properties abutting the improvements. The agreement provides for permitting, metering and billing of those services. Additionally, the agreement provides for ongoing maintenance of the improvements until such time as a separate compreh ensive maintenance agreement is developed between the cities. The agreement is contingent upon receipt of petition and waiver agreements from all benefiting property owners covering 100% of the project cost. RECOMMENDATION Staff is recommending approval of Resolution No. 13 -91. ATTACHMENTS 1. Resolution No. 13 -91 CITY OF LINO LAKES RESOLUTION NO. 13 -91 APPROVING JOINT POWERS AGREEMENT BETWEEN THE CITY OF LINO LAKES AND THE CITY OF CENTERVILLE 21 ST AVENUE IMPROVEMENTS WHEREAS , Minnesota Statutes, Section 471.59, authorizes political subdivisions to enter into Jo int Powers Agreements, and WHEREAS , the City of Lino Lakes and the City of Centerville agree that it is in the best interest of the traveling public to construct the extension of 21 st Avenue north of Main Street (CSAH 14); and WHEREAS, said parties mutua lly agree that the City of Lino Lakes shall cause the construction of 21 st Avenue extension; and WHEREAS, the parties agree that it is in their best interest that the cost of said project be shared, NOW, THEREFORE BE IT RESOLVED by The City Council of T he City of Lino Lakes 1. that the City Council hereby approves the Joint Powers Agreement with the City of Centerville for the construction of 21 st Avenue and authorizes execution of said agreement attached hereto as Exhibit A. Adopted by the Council o f the City of Lino Lakes this 26 th day of August , 2013 . 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 EXHIBIT A JOINT POWERS AGREEMENT BETWEEN THE CITY OF LINO LAKES AND THE CITY OF CENTERVILLE REGARDING 21 st AVENUE STREET AND UTILITY IMPROVEMENTS AND MAINTENANCE TH I S AGREEMENT is made and entered into on the latest date set forth below by and between the City of C enterville and the City of Lino Lakes; both of which are governmental subdivisions of the State of Minnesota located in the County of Anoka. RECITALS: WHEREAS, the City of Centerville (hereinafter described as “Centerville”) and the City of Lino Lakes (h ereinafter described as “Lino Lakes”) have received property owner requests to improve 21 st Avenue by constructing street, curb and gutter , storm sewer, sanitary sewer, and water main s between Main Street and a point approximately 1400 feet north of Main Street (the “Project”); and WHEREAS , Lino Lakes and Centerville recognize and acknowledge that the Project will benefit both Lino Lakes and Centerville; and WHEREAS, i t is feasible for Lino Lakes to serve Centerville parcels with sanitary sewer service, and Centerville desires to have Lino Lakes do so; and WHEREAS, a portion of the Project is to be constructed within the corporate limits of Lino Lakes and a portion is to be constructed within the corporate limits of Centerville (see Exhibit A); and WHER EAS, s ubject to the terms hereof, Lino Lakes is assuming responsibility for the design and construction of the Project to be built both within the corporate limit s of Lino Lakes and Centerville; and WHEREAS, t he Lino Lakes prepared a n estimate of the cost of the Project; and WHEREAS, Lino Lakes and Centerville will both assess the benefited properties within their jurisdictions for all, or a portion of , the relevant costs of the Project, all as is more fully set forth below . NOW, THEREFORE , in considerat ion of the mutual undertakings herein expressed, Lino Lakes and Centerville agree as follows: SECTION 1. PURPOSE . The purpose of this Agreement is to set forth the terms of the agreement Lino Lakes and Centerville have reached regarding the design , c ons truction, maintenance and financing of the Project both within the corporate limits of Li no Lakes and Centerville, in accordance with Minnesota Statutes, Section 471.59. 2 SECTION 2 . DESIGN AND CONSTRU CTION. A. Lino Lakes is responsible for the design and con struction of both the portion of the Project located within Centerville and the portion of the Project located within Lino Lakes . Therefore, the parties agree that: 1) Lino Lakes shall design the Project, administer the construction and conduct inspections o f the construction process. Centerville shall have the right to inspect, review and comment upon construction of the Project. Centerville shall have the right to review and approve the final plans and specifications prior to advertisement for bids. 2) For pu rposes of performing its obligations under this Agreement, Centerville hereby grants to Lino Lakes the right to use the streets, public ways, and easements of Centerville for purposes of constructing the Project, including any excavations necessary to perf orm work incidental to the performance of this agreement. 3) Lino Lakes agrees to notify and coordinate with businesses in Centerville that are located along 21 st Avenue as early as practical regarding the construction schedule for the Project. 4) Centerville and Lino Lakes will each acquire the necessary right -of -way to permit the construction of the street extension as well as water mains, sanitary sewer, storm sewer and storm water ponds . B. Centerville shall contribute its share of the project as estimated o n the attached Exhibit _B , and may collect its share as a special assessment against benefited property owners of Centerville . The remaining portion of the project shall be paid by Lino Lakes who may specially assess all or a portion of its share from ben efiting property owners of Lino Lakes . Each municipality shall be responsible for the sale of bonds, if any, and levy of special assessments against properties within their city’s boundaries. C. Each city has the right to terminate this Agreement prior to aw ard of a construction contract. The terminating party is responsible for all design costs incurred up to the date of termination. D. Lino Lakes shall receive from Centerville ninety percent (9 0%) of its estimated share of the project cost within 60 days of award of a construction contract . Prior to billing this estimate will be updated by Lino Lakes to reflect actual bid prices as awarded. An updated cost estimate shall be provided to Centerville at the time of billing. 3 Upon final completion of the pro ject, Centerville’s share of the cost will be based upon actual costs incurred. If necessary, adjustments to the initial ninety (90%) charged will be made in the form of credit or additional charges to Centerville’s remaining ten percent (10%) share of t he project costs . Final payment shall be due within 30 days of billing by Lino Lakes.. E. Before this Agreement shall become binding and effective it shall be approved by appropriate resolution s of the City Council s of Centerville and Lino Lakes , which re solutions shall be attached hereto as Exhibits C and D , respectively. F. The parties agree that Project design will not commence until Petition and Waiver Agreements have been approved and executed by the respective cities and the benefitting property owners covering 100% of the cost of such improv e ments and providing for the dedication of right -of -way and easements necessary to construct such improvements. G. The parties agree that one full access intersection will be constructed within the Project area the c enterline of which will be approximately 562 feet north of County State Aid Highway 14 / Main Street . SECTION 3. SANITARY SEWER SERVI CE. A. Sanitary Sewer Connection . The Centerville properties abutting 21 st Avenue may connect to Lino Lakes sanitary sewer. Said connection will require a permit from Lino Lakes. B. Connection Fees . In addition to any special assessments levied by Centerville for the construction of sanitary sewer improvements , Centerville properties will pay with their permit application an y sanitary sewer connection fee per unit as shall be in effect for Lino Lakes and Metropolitan Council Environmental Services (MCES) based upon the number of fixture units assigned by the MCES formula. The connection fees may be adjusted from time to time by Lino Lakes , and such fees shall be based upon the same rate charged for similar services furnished by Lino Lakes for property lying within Lino Lakes . C. Meters and Billing . Appropriate meters with an outside remote reader shall be installed by Centervi lle properties at their expense to measure the water used and the sanitary sewer discharged in gallons, into Lino Lakes sewers, which shall be the means of allocating a user charge to the Centerville properties . The per unit and rate per gallon shall be e quivalent to 95% the rate charged for similar properties located in Lino Lakes and shall include treatment costs assessed by MCES . Such meters and outside remote readers may also be inspected by Lino Lakes . Such sanitary sewer rates may be adjusted annua lly by Lino Lakes . Notification of a rate change shall be provided 30 days in advance of the quarter to which the new rate applies. Centerville may bill the affected properties for 4 sewer use at its own rates, but shall collect not less than the rates state d above and remit the Lino Lakes’ share of the collected sewer charges quarterly. SECTION 4. OWNERSHIP A. The sanitary sewer mains shall be owned by Lino Lakes. Each City shall own or be responsible for lateral sanitary sewer lines within their respect ive corporate borders. A. B. The storm sewer lines within Lino Lakes shall be owned by Lino Lakes , and Lino Lakes shall hold easements for all lines and related storm water ponds within Centerville that are related to, and part of, the Project C. Each cit y shall own and operate its own water main. SECTION 5. STREET MAINTENANCE A. Lino Lakes shall maintain 21 st Avenue in its entirety, the costs of which shall be split equally between Lino Lakes and Centerville, until such time as a separate m aintenance a greement between Lino Lakes and Centerville is approved . B. Lino Lakes shall maintain the storm sewer system, including all ponds, by performing periodic inspections of the conveyance system/pond and by taking any necessary corrective action. IN WITNESS WHE REOF, Centerville and Lino Lakes have caused this Agreement to be executed by the proper officers. CITY OF CENTERVlLLE CITY OF LINO LAKES ______________________ ________________________ Mayor Mayor Attest: Attest: ______________________ ________________________ City Clerk City Clerk ______________________ ________________________ Date Date CITY COUNCIL AGENDA ITEM 6 D STAFF ORIG INATOR: Michael Grochala MEETING DATE: August 26 , 2013 TOPIC: i. Consider 2 nd Reading of Ordinance No. 0 7 -13, Amending Section 3, Subd. 4.Q. of the Lino Lakes Zoning Ordinance, Entitled Required Screening, Landscaping, and Buffer Yards ii. Consider Resolution No. 13 -92, Approving Summary of Ordinance No. 07 -13 for Publication VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council consideration of the 2 nd Reading of the proposed ordinan ce to amend the landscaping provisions of the City’s Zoning Ordinance. BACKGROUND The City Council approved Ordinance No. 08 -12, amending the zoning ordinance landscaping requirements, in July of 2012. The requirements addressed five areas of landscapin g including; 1) Boulevard Trees; 2) Canopy Coverage; 3) Foundation Landscape; 4) Open Areas Landscape; and 5) Buffer and Screen ing . The requirements were applied for the first time with the Bill’s Superette project and appear to have achieved the desired level of landscaping. However, as staff began working with the ordinance on other sites we identified the need to review and potentially amend the ordinance requirements. Changes that staff believe should be considered include the following: 1) Exception from Canopy Coverage requ irements for industrial storage 2) Limit foundation planting requirements to front and street facing facades. 3) Add r e quirements for residential properties . The Planning and Zoning Board discussed these changes in February of 2013 and on June 12 , 2013. A public hearing was held before the Board on July 10, 2013. No public comment was received. The City Council approved the 1 st reading of the ordinance on August 12, 2013. RECOMMENDATION Staff is recommending approval of the 2 nd Reading of Ordinance No. 07 -13 and Resolution No. 13 -92 ATTACHMENTS 1. Ordinance No. 07 -13 2. Resolution No. 13 -92 Page 1 1 st Reading: Publication: 2 nd Reading: Effective: CITY OF LINO LAKES ORDINANCE NO. 0 7 -13 AN ORDINANCE AMENDING SECTION 3, SUBDIVISION 4.Q OF THE LINO LAKES ZONING ORDINACE ENTITLED REQUIRED SCREENING, LANDSCAPING, AND BUFFER YARDS The City Council of the City of Lino Lakes, Anoka County, Minnesota, does ordain: Section 1. That Section 3, Subdivision 4.Q of the Lino Lakes Zoning Ordinance is hereby amended to read as follows : Q. Required Screening, Landscaping, and Buffer Yards. 1. Purpose. To establish landscaping and tree preservation standards to promote high quality site development, compatibility of uses, biodiversity, tree preservation, and to enhance the health, safety and general welfare of the residents of the community. a. Definitions. For the purpose of the Landscaping, Screening and Tree Preservation Standards, the following definitions shall apply: Basic Use Area . Area dedicated to site's use, including buildings, p arking, loading, driveways, streets, outbuildings, trash enclosures, utilities, landscaping, and grading necessary for the construction of the above uses. Surface water detention ponds are not part of the basic use area. Biodiversity. The variety, distrib ution and abundance of living organisms in an ecosystem. Damage . Action or inaction which does not follow good arboriculture practices. Damage may include damage inflicted upon roots by machinery, changing the natural grade above the root system or aroun d the trunk, destruction of the natural shape or any action which causes infection, infestation or decay. DBH. Diameter at breast height, typically measured at 4'-6’ above the ground. Detention Area. Area of a detention pond from the normal water level and up the side slopes to 10' offset from the high water level. Page 2 Disturbance. Any construction, development, removals, earth movement, clearing or other similar activity. Drip Line. Imaginary line on the ground that is extended straight downward from the outermost edge of the canopy. Foundation Landscape Zone . An area located W w ithin 15' of the building . Invasive Species. A plant non -native to the local ecosystem which exhibits, or has the potential to exhibit, uncontrolled growth and invasion or alter ation of the natural functions of any native habitat. Large Shrub . Large shrubs have a mature height over 6'. Large Tree. Over story deciduous trees with a mature height of at least 40'. Medium Shrub. Medium shrubs have a mature height of 3'-6'. Medium Tree. Deciduous trees with a mature height over 18' and up to 39'. Removal. Actual removal or effective removal through actions resulting in the death of a tree. Root Protection Zone. A protected area around an existing tree established by offsetting th e drip line 5' away from the tree center. Screen. A barrier that hinders sight and, potentially, access. Small Shrub. Small shrubs have a mature height of less than 3'. Small shrubs are interchangeable with perennials, ornamental grasses and groundcove rs to fulfill landscape standards. Small Tree. Understory deciduous trees with a mature height of 18' and under. Tree. Any self -supporting woody plant, growing up the earth with one trunk of at least 3" dbh, or a multi -stemmed trunk system with a definit ely formed crown. Undesirable Tree . Trees that are dead, diseased, structurally weak, invasive or trees that are hazardous to people, infrastructure or buildings. Vehicular Hardscape. Areas covered with hard surface intended for vehicles, including but not limited to off -street loading spa ces, parking lots, driveway, drop -offs, and drive through facilities. 2. Landscaping Standards . New residential platted subdivisions, mixed use, commercial, in stitutional and industrial uses shall be subject to the landscaping standards unless specifically excepted. The landscape standards have been divided into five categories: Canopy Cover, Foundation Landscape, Open Areas Landscape, Buffer and Screen, and Page 3 Bou levard Trees. Projects shall comply with the applicable requirements of all five categories. 3. Canopy Cover Standards. The purpose of this requirement is to mitigate the effects of vehicular hardscape by establishing tree canopy cover to intercept rainf all, protect pavement from sun deterioration, reduce the heat island affect, and improve aesthetics. Vehicular hardscape areas includes loading drives, parking lots, driveways, drop -offs and other areas covered with a hard surface intended for vehicles. C anopy cover requirements do not apply to single family residential development, nor to multi -family residential development without surface parking other than individual unit driveways and permitted exterior storage areas in Industrial Districts . a. The r equired minimum canopy coverage for all uses is 40%. b. The following equation shall be used to calculate required canopy coverage: Vehicular Hardscape (Square Feet) x Canopy Cover Percent = Required Minimum Canopy Cover (Square Feet) The total of the assigned canopy coverage values for all the trees in or near the vehicular hardscape must be equal or greater than the required minimum. Pervious pavements are considered 50% hardscape. c. The assigned canopy coverage value of each tree i s based on planting location, tree size and anticipated tree canopy size 15 years after planting. The assigned canopy cover value to each deciduous tree is described in the following table and illustrations: Page 4 Assigned Canopy Cover Value Planting Location (for new trees) Interior parking lot islands Within less than 7' of vehicular hardscape edge 7’-12' from vehicular hardscap e edge Assigned Canopy Coverage Value 100% of the canopy square footage 50% of the canopy square footage 25% of the canopy squ are footage Sq u a r e f e e t ( S F ) o f ca n o p y c o v e r a g e as s i g n e d t o e a c h de c i d u o u s t r e e Large Tree 950 SF (or 1200 SF in islands of 3 or more trees) 600 SF 300 SF Medium Tree 500 SF 250 SF 125 SF Small Tree 250 SF 125 SF NA Existing Tree: 6 – 12” dbh 1 900 SF 950 SF NA Existing Tree: 12+”dbh 2850 SF 1425 SF NA d. Existing trees may be used to fulfill canopy coverage, as described in Section 3.Subd. 4.Q.8, when the drip line has proximity to the edge of the hardscape; therefore, existi ng trees do not need to be within less than 7’ feet of the vehicular hardscape edge. 4. Foundation Landscape Standards. The purpose of these standards is to soften and enhance building architecture, define access points, add color and seasonal interest, and to blend buildings in with the natural Page 5 environment. Foundation Landscaping Standards do not apply to single family residential development. a. The foundation landscape planting standards are described in the following table: Foundation Landscape S tandards Per 100 linear feet (LF) of Building* Location Trees and Shrubs Rear and Side 1 large 3 large Front and Public/Private Street 2 large 6 large * Rounded to the nearest tenth, with a minimum factor of one. b. Round all calculations to the nearest whole number of plants. c. The required plant materials shall be planted in the foundation landscape zone adjacent to the building face where the requirement applies. The City may allow flexible planting locations where service areas or othe r constraints make the standards difficult to meet. d. Existing trees may be used to fulfill the Foundation Landscape Standards as described in Section 3 Subd.4.Q.8. e. Smaller landscape materials may be substituted at the following rates: 1 Large Tre e = 1.5 Medium or 2 Small Trees 3 1 Large Shrub s = 5 1.5 Medium or 10 3 Small Shrubs f. The design of landscaping for ground areas under the building roof overhang must take into account the potential effects of runoff from the roof edge. g. Trees plan ted within 30’ of the building sh all be considered within the foundation landscape zone 5. Open Areas Landscape Standards: The purpose of these standards is to provide general site beautification and high aesthetic quality with a mix of plant materials i n open areas. Open areas include disturbed site areas, such as cul de sac islands, boulevard medians, storm water management areas, common areas in multifamily sites that are not for recreation facilities, and disturbed areas that are not located within t he foundation landscape zone, vehicular hardscape area or the building footprint. Open Area landscaping Page 6 standards do not apply to single family residential lots. Open areas landscaping shall meet the following standards. a. The open areas planting stand ards are described in the following table: Open Areas Landscape Standards Per 2000 SF* Trees and Shrubs 1 large 3 large * Rounded to the nearest tenth, with a minimum factor of one. b. Round all calculations to the nearest whole number of plants. c. Only land above the normal water level shall be included in the open area calculation for storm water detention areas. Planting shall be located above the normal water level in detention areas. The City may require specific tree species in locations where water levels vary. d. Existing trees may be used to fulfill Open Areas Landscape Standards as described in Section 3, Subdivision 4.Q.9. e. Smaller landscape materials may be substituted at the following rates: 1 Large Tree = 1.5 Medi um or 2 Small Trees 3 1 Large Shrub s = 5 1.5 Medium or 10 3 Small Shrubs f. Areas that are included in a project -specific natural resource management plan that addresses vegetation are not subject to the open areas landscaping standards. g. All lot are as not used for off -street parking, off -street loading, sidewalks, driveways, building sites or other requirements shall be landscaped with grass, shrubs, trees or other acceptable vegetation or treatment as required by this chapter prior to issuance of a certificate of occupancy. Exceptions to this requirement are listed in Section 3, Subdivision 4.Q.14 . 6. Buffer and Screen Standards: The purpose of this requirement is to separate and buffer different land use types, screen roads and parking, and screen utility and loading areas. The location of buffers and screens are listed below, while the width of the buffer yard can be found in the respective zoning districts. Buffers and screens shall meet the following standards. Page 7 a. Required screen location, he ight, and materials are described in the following table: Landscape Screen Location, Height and Materials Location Required Screen Height Required Screen Materials Between a parking lot and public right of way or sidewalk 30 inches  Year round conti nuous planting screen in accordance with paragraph 6.b. Or  A combination of berm and year round continuous screen in accordance with paragraph 6.b. Between residential uses and arterial or collector road 6 feet  Year round continuous planting screen in accordance with6.b. Or  Wall or fence and plantings shall provide shrub cover for 50% of the wall or fence on the exterior side Or  A combination of berm and year round continuous screen in accordance with paragraph 6.b. Between any development and adjacen t, less intense, residential land uses (this includes across a street from residential) but not on the side of a use considered to be the front (as determined by the Z oning A dministrator Between loading/service area and public view Outdoor Storage Yards 8 feet  A wall or fence of permanent materials and planting shall provide shrub cover for 50% of the wall or fence on the exterior side. At its discretion, the City Council may approve a modification or waiver from these standards where the affected property line adjoins another industrial property. b. All continuous year round planting screens shall require at a minimum a double row of plants with triangulated spacing. See illustration. Planting plans shall include species which are sized to appr opriately screen Page 8 visibility within five years of planting. Small shrubs shall be a planted at a maximum interval of 3' on center; medium shrubs shall be planted at a maximum interval of 4' on center; and large shrubs shall be planted at a maximum interval of 6' on center unless; otherwise authorized by the City. c. A wall or fence intended to provide a continuous year round screen shall block visibility completely. d. In addition to the shrub cover required in the table above, all screens shall be plant ed with large trees every 50 LF, medium trees every 35 LF, or small trees every 25 LF or some combination thereof, along the length of the screen. e. Existing vegetative screens should be left in place unless composed of invasive species or otherwise dire cted by the City. Existing screens may be enhanced with new plantings to comply with the standards. f. Berms shall be irrigated, have maximum side slopes of 3:1, and have no less than four (4) inches of topsoil. g. Permanent walls and fences shall be o ffset by a minimum of 2' at intervals of 75' maximum length for stability and visual relief. See illustration. h. Approved permanent wall/fence materials shall include wood, metal, masonry, concrete stone, or other prefabricated and/or sustainable mater ials. Non -decorative concrete block is prohibited for screening walls: rock face block or other decorative material is required for masonry walls. Chain link fences with slats are prohibited for screening walls. i. Maintenance of the required buffer s trip planting and/or fence shall be the responsibility of the individual property owners or, if applicable, the homeowners association. 7. Boulevard Tree Standards: a. Boulevard Trees shall be required in all new residential subdivisions . Boulevard tree s are required at the rate of one tree per 70 linear feet of road frontage where property fronts any public road. The City shall collect a standard fee per tree based on the estimated market rate cost to purchase and install trees within the development s ite. Page 9 b. Boulevard trees are required at the rate of one tree per lot frontage for single family and two family lot s. Townhome and Multi - family properties shall provide boulevard trees at a rate of 1 tree per 70 linear feet of road frontage where property fronts any public road. c. Boulevard trees shall be planted within 14 feet of the curb line or as otherwise determined by the City Forester. b d . Existing trees may be used to fulfill boulevard tree standards at the City's discretion. e . The City may, at its discretion , purchase and install the required boulevard trees . In such case the City shall collect a standard fee per tree . Said fee shall be established by the City Council and based on the estimated market rate cost to purchase and install tree s within the development site. 8 . Sod and Ground Cover. All areas not otherwise improve d in accordance with the approved site plans shall have a minimum depth of four (4) inches of topsoil and be sodded including boulevard areas. Exceptions to these cr iteria may be approved by the Zoning Administrator as follows: a. Seed may be provided in lieu of sod in any of the following cases: 1) Where the seed is applied to future expansion areas as shown on the approved plans. 2) Where the seed is applied adjacent to na tural areas or wetlands . Seed mixture shall be approved by the City. 3) For single -family and two -family residential properties, p roper erosion control measures shall be implemented and maintained until vegetation is established. Sod may be required in areas subject to erosion as determined by the Building Official or City Engineer. b. Undisturbed areas containing existing viable natural vegetation which can be maintained free of foreign and noxious plant materials. c. Areas designated as open space or future exp ansion areas properly planted and maintained with native grass es or wild flowers indigenous to Minnesota . Seed mixture shall b e approved by the City. d. Use of mulch materials such as bark, wood chips and decorative rock in support of shrubs and foundation plantings. Page 10 e. Natural Prairie Restoration Areas. Native grasses and wild flowers indigenous to Minnesota, planted and maintained on any occupied lot or parcel of land, setback a minimum of 20 feet from the front property line and/or side property line abutt ing a public street, as part of a garden or landscape treatment. 8 9 . General Landscaping Standards: a. a. All lot areas not used for off -street parking, off -street loading, sidewalks, driveways, building sites or other requirements shall be landscaped wit h grass, shrubs, trees or other acceptable vegetation or treatment as required by this chapter prior to issuance of a certificate of occupancy. Exceptions to this requirement are listed in Section 3, Subdivision 4.Q.1 5 . b. Commercial, industrial, public/sem i -public, institutional, and multi - family residential uses shall be required to submit a site landscape plan , in accordance with Section 2, Subdivision 6, Site and Building Plan Review, for approval by the city prior to issuance of a building permit. c. Desirable existing trees may be used to fulfill Canopy Cover, Foundation Landsc ape and Open Areas Landscape standards if applicable by placement. Desirable existing trees are valued according to the following table: Existing Tree Value Tree Size deciduous trees under 6" DBH or evergreen trees under 12' tall deciduous trees between 6"-12" DBH or evergreen trees between 12'-20' tall deciduous trees over 12" DBH or evergreen trees over 20' tall. Tree Value 1 large tree 2 large trees 3 large trees b d . Plantings may be grouped if part of an approved landscape plan. c e . Standards may b e met with different sizes of trees and shrubs. d f . New trees may fulfill Canopy Coverage, Foundation Landscape and Landscape Screen standards simultaneously if applicable by placement. Page 11 e g . An existing tree is considered to be removed if the tree tru nk is damaged or if more than 30% of the drip line area is disturbed during the construction process. f h . The City may allow flexibility in landscape standards if there are conflicts with solar power, wind power, water harvesting, food production or other innovative measures proposed for the site. g i . The landscape plan shall be compared to all applicable CPTED (Crime Prevention Through Environmental Design) standards and reviewed by the police department. h j . Trees and shrubs shall not be planted in the right of way without City authorization and shall not be planted in easements without authorization from the holder of the easement. k i. Turf slopes in excess of three to one (3:1) are prohibited. l. Commercial, industrial multi -family, public/semi -publ ic and institutional uses shall install irrigation systems to ensure survivability of landscape materials, 9 10 . Tree Preservation and Mitigation Standards: The purpose of these standards is to protect valuable trees and stands of vegetation, while not i nterfering with landowners’ reasonable use and development of property. The goal is to minimize unnecessary loss of habitat, biodiversity and forest resources and to replace removed trees in areas where tree cover is most critical. Unless specifically exc epted, tree preservation and mitigation standards apply to all plats, site plans, conditional use permits, interim use permits, grading, building, and other activity that requires a city permit or approval. a. Tree preservation and mitigation standards ar e described in the following table: Page 12 Tree Preservation and Mitigation Standards Environmentally Sensitive Area (ESA) Category Tree Location: within Basic Use Area Tree Location: not within Basic Use Area deciduous trees 6" dbh and over or evergreen tre es between 12'-20' tall deciduous trees 6 -12" dbh or evergreen trees between 12'-20' tall deciduous trees over 12" dbh or evergreen trees over 20' tall Non -ESA no mitigation required provide one tree per tree removed provide two trees per tree remove d Natural Resource Conservation Area or Natural Resource Corridor Enhancement Area provide one tree per four trees removed provide two trees per tree removed provide three trees per tree removed Natural Resource Protected Area provide one tree per two trees removed provide two trees per tree removed provide three trees per tree removed b. Trees used for mitigation may also fulfill the Open Areas Landscape Standards at the discretion of the City. c. Trees with thirty percent (30%) of the ro ots damaged are considered to be removed and must be mitigated for at the applicable rates. d. Undesirable trees are not subject to the Tree Preservation and Mitigation Standards. e. On existing lots with existing buildings where no building or development activity that requires a permit or approval from the City is occurring, the removal of trees is not subject to tree preservation and mitigation standards. f. Replacement trees shall be planted on site. g. The applicant may request to pay a fee per tree in lieu of some or all of the trees required for mitigation. At the City's discretion, the City may accept the fee for planting trees within the general area of the development project. The City shall maintain a standard fee per tree based on the estimat ed market rate cost to purchase and install trees. Page 13 10 1 1 . Landscaping Guidelines and Technical Specifications: The selection, installation and maintenance of all planting materials shall be in accordance with the City’s Landscaping Guidelines and Technic al Specifications Manual. 11 1 2 . Tree Survey : a. A tree survey is required for all property that contains a deciduous tree greater than 6” dbh or an evergreen tree greater than 12' tall. b. The tree survey shall be the basis for the tree preservation pla n, tree mitigation standards, and the use of existing trees to fulfill landscape standards. c. The tree survey shall provide the following information: 1) In the basic use area and other areas where tree removal is proposed, for all deciduous trees over 6" dbh and all evergreen trees greater than 12’ tall: a) tree species b) size c) location d) drip line e) tree condition 2) the location of the combined drip lines of all tree stands designated for preservation on the development property 3) on adjacent pro perties, the drip line of deciduous trees over 6" dbh and evergreen trees greater than 12’ tall where the drip line is within 5’ of the development property. d. For a new plat or new Planned Unit Development, the tree survey shall be one plan sheet and th e tree preservation plan shall be a separate plan sheet. e. For a building permit for a new structure on an existing lot, the tree survey and preservation information may be included on the lot survey typically required for a building permit instead of on a separate document. For a building permit for an addition to an existing structure, the tree survey information may be provided in an informal medium that sufficiently conveys the information. f. At the City’s discretion, the tree survey requirement may be waived under the following circumstances: 1) Deciduous trees greater than 6” dbh or evergreen trees greater than 12’ tall will not be removed and are not likely to be impacted by construction. Page 14 2) Deciduous trees greater than 6” dbh or evergreen trees gr eater than 12’ tall will only be removed within the basic use area and the basic use area is not an ESA. 12 1 3 . Tree Preservation Plan: a. A tree preservation plan shall be required for all soil disturbance activities where Tree Preservation and Mitigati on Standards apply . A tree preservation plan shows how the Tree Preservation and Mitigation Standards will be met and how preserved trees will be protected during construction and other potentially harmful activities. b. The tree preservation plan shall be based on the tree survey. c. If a tree survey shows that no desirable deciduous trees over 6" dbh or evergreen trees greater than 12’ in height on the development property or adjacent properties are near the construction area, the City may waive the tree preservation plan requirement. d. A tree plan shall identify: 1) The basic use area. 2) The disturbance area. 3) Tree size (dbh), species, condition, location, and root protection zone (5' out from the drip line) for all deciduous trees over 6” dbh or ever green trees greater than 12’ tall to be preserved, or; The combined root protection zone of all stands of trees designated for preservation, whichever is applicable. 4) Location and type of tree protection fence. 5) Staging areas. 6) Temporary constructi on access routes when temporary site access is necessary within root protection zone of any tree or tree stand designated for preservation. a) Temporary access shall be routed in a manner that is least disruptive to the tree or tree stand per the approval of the City Forester.. b) Temporary access roads shall not exceed twenty - five (25) feet in width and shall be delineated by snow fencing or safety fencing. Page 15 c) An eight (8) inch deep cover of wood chip mulch shall be placed over the temporary access road to cushion the root protection zones from compaction. 7) Concrete washout areas. 8) Existing and proposed grading. 9) The plan shall show directional felling and trenching to separate root systems prior to bulldozing trees or stumps if necessary to avoi d damage to adjacent trees. 10) Coordination of utility planning so that utilities are installed in a manner that protects trees intended to be saved. a) Trees to be preserved shall be tagged in the field and keyed to the tree preservation plan. The City may inspect the trees to verify compliance with the preservation plan at any time during construction. b) If a natural resource management plan has been approved for the site, the tree preservation plan shall be in accordance with said plan. c) See City Code Chapter 1011, Stormwater and Erosion and Sediment Control, for other construction related requirements. e. The following shall occur prior to soil disturbance: 1) The tree preservation plan shall be approved by the City. 2) Fencing and all tree pr otection measures shall be installed and inspected by the City. 3) Erosion control measures shall be installed and inspected by the City. 4) All required financial securities have been submitted. 5) Any required development agreement has been approved. 13 1 4 . Tree Preservation during Construction: Trees that are to be preserved must be protected by the following methods unless otherwise approved by the City. a. Tree protection fencing shall be installed and maintained 5' out from the identified drip line of the trees (Root Protection Zone) prior to soil disturbance. Fencing shall be a minimum of 4' high and of a highly visible material, such as snow fence or polyethylene laminar safety netting, and must be standing throughout the construction process . Cut roots with clean, pruning Page 16 cuts at the fence line prior to fence installation to avoid later tearing of the roots. Signage shall be installed to instruct workers to stay out of the Root Protection Zone. b. Areas where development must encroach upon the root protection zone must be identified on the tree preservation plan in which case the fencing shall be installed at that edge. c. No actions that may harm the health of the tree, including but not limited to construction, traffic, compaction, storag e of equipment or materials including soil, grading, or concrete washout areas may occur in the Root Protection Zone. d. Trees damaged by construction, or with more than thirty percent of the roots disturbed, shall be counted as removed and mitigated a t applicable rates. e. Tree protection measures shall remain in place until all grading and construction activity is terminated. 14 1 5 . Final Inspection: Prior to the issuance of a certificate of occupancy, the project developer, builder, or representa tive shall certify in writing to the City that all elements of the tree preservation plan and landscaping plan were completed. These must be confirmed by the City. However, the City may issue a certificate of occupancy prior to completion of landscaping in the following situations: a. If winter weather will prevent healthy planting practices, a security shall be posted to ensure the remaining planting is accomplished and all planting must be installed by the fifteenth of June the following spring. b. A certificate of occupancy may be issued by the City on residential lots prior to lawn seeding or sod, provided an escrow security is submitted sufficient to ensure that the work will be completed and the date of completion is specified. 15 1 6 . Non -Complianc e : If the City finds that the property is not in compliance with the approved landscaping plan or tree preservation plan, it shall inform the property owner or, if applicable, the homeowners association, regarding the non -compliance and describe, in writin g, the steps needed to bring the property into compliance within a reasonable timeframe, not to exceed sixty (60) calendar days. 16 1 7 . Performance Security: The City may require performance security to ensure conformance with the requirements of this c hapter. Page 17 a. The performance security shall extend for two (2) years from the date of planting. The form of the security (cash, letter of credit, or other form) shall be determined by the City. b. If after notification of non -compliance the property owner or, if applicable, the homeowners association fails to achieve the compliance within sixty (60) calendar days, the City may exercise its authority to use the performance security to address compliance. Section 2. Effective Date of Ordinance. This ordinance shall be in force and effect from and after its passage and publica tion according to the Lino Lakes City Charter. Adopted by the Lino Lakes City Co uncil this ____ day of __________________, 2013 . The motion for the adoption of the foregoing ordinance was introduced by Council Member_____________and was duly seconded by Council Member ___________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: ____________________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk CITY OF LINO LAKES RESOLUTION NO. 13 -92 RESOLUTION APPROVING SUMMARY OF ORDINANCE NO. 07 -13 FOR PUBLICATION WHEREAS , the City Council has approved the first and second readings of Ordinance No. 07 - 13, amending the Section 3, Subdivision 4.Q of the Zoni ng Ordinance related to required Screening, Landscaping and Buffer Yards; and WHEREAS, Ordinance No. 07 -13 is lengthy and Minn. Statute 412.191 provides for a city to publish a summary of an ordinance ; and WHEREAS, the City Council determines that the su mmary clearly informs the public of the intent and effect of the ordinance, and WHEREAS, the publication in the official newspaper ill include a notice that a full printed copy of the ordinance is available at City Hall. NOW, THEREFORE BE IT RESOLVED by The City Council of T he City of Lino Lakes hereby approves the summary of Ordinance No. 07 -13, attached hereto as Exhibit A, for publication according to State Law and City Charter. Adopted by the Council o f the City of Lino Lakes this 26 th day of August , 2013 . 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 followin g voted against same: _______________________________ Jeff Reinert , Mayor ATTEST: ________________________ Julianne Bartell, City Clerk ATTACHMENT A CITY OF LINO LAKES COUNTY OF ANOKA SUMMARY OF ORDIN ANCE NO. 07 -13 AN ORDINANCE AMENDING SECTION 3, SUBDIVISION 4.Q OF THE LINO LAKES ZONING ORDINACE ENTITLED REQUIRED SCREENING, LANDSCAPING, AND BUFFER YARDS The purpose of this ordinance amendment is t o clarify existing and establish new landscaping sta ndards to promote high quality site development, compatibility of uses, and to enhance the health, safety and general welfare of the residents of the community. Section 1.a. Definitions . The definition of “Foundation Landscape Zone” was modified to bet ter define the zone. The definition of “Vehicular Hardscape” was added. Section 3. Canopy Cover Standards. The definition of Vehicular Hardscape was deleted and moved to the definition’s section. Permitted exterior storage areas where added as an exe mption. Section 4. Foundation Landscape Standards. This section was modified to eliminate the requirements for foundation planting s on rear and sides but requires all front and street facing sides to include plantings. This includes sides facing private streets. Allows for trees planted within 30 feet of the building to be considered part of the foundation plantings. The substitution ratios for smaller plant materials w ere changed to simplify calculations. Section 5. Open Areas Landscape Standards. The substitution ratios for smaller plant materials were changed to simplify calculations. Subpart g that establishes the requirement for areas to be landscaped was deleted and relocated to the General Landscaping Standards section (Section 9). Section 6. Buffer and Screen Requirements. The screening requirement for development abutting adjacent, less intense, residential uses was amended to clarify that screeni ng would not be required on side s considered to be the front of a property. Section 7. Boule vard Tree Standards. Subpart a. was amended to clarify that boulevard trees are required in new residential subdivisions. Subpart b. establishes the rate of planting. Single family and two family lots require one tree per frontage. All other resident ial properties are subject to 1 tree per 70 lineal feet. Subpart c. Trees are required to be planted within 14 feet of the curb/pavement line or as determined by the City Forester. Subpart d. Allows for City planting of boulevard trees and establishment of standard tree fee. Section 8. Sod and Ground Cover The section establishes the requirement for ground cover including top soil and sodding. Allows for seeding in lieu of sod under certain cases which include single family and two -family home constr uction. Also includes exception to sod/seed requirements for future expansion areas, mulched areas and native planting areas. Section 9. General Landscaping Standards. Subpart a. was inserted regarding the requirement for landscaping. Subpart b. w as inserted to clarify that a landscaping plan is required for Commercial, industrial public/semi -public, institutional and multi -family uses. Subparts c through k were renumbered. Subpart l. was inserted to require irrigation in commercial, industrial a nd institutional property landscaped areas . Sections 10 through 17 were renumbered. Passed by the Lino Lakes City Council on August 26, 2013 This is a summary of the adopted ordinance. A full printed copy of the ordinance is available at City Hall. CITY COUNCIL AGENDA ITEM 6 E STAFF ORIG INATOR: Michael Grochala MEETING DATE: August 12, 2013 TOPIC: i. Consider 2 nd Reading of Ordinance No. 08 -13, Amending Chapter 403 of City Code – Individual Sewage Treatment Systems ii. Consider Resolution No. 13 -93, Approving Summary of Ordinance No. 08 -13 for Publication VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council consideration to amend Section 403 of City Code related to Individual Sewage Treatment Systems. BACKGROUND City Code Section 403 regulates the permitting, installation and maintenance of Individual Sewage Treatment Systems also referred to as Subsurface Treatment Systems (SSTS) otherwise known as septic systems. There are approximately 1,800 systems currently in use wit hin the City. The State of Minnesota adopted revised requirements for SSTS’s in 2011 and Anoka County completed their update in April of 2013. Accordingly, staff if proposing revision of this chapter to remain consistent with state and county requiremen ts. Under State Law the City cannot be less restrictive than the county and state requirements. The changes in state law were generally intended to address new technology for system design. The state requirements are adopted by reference in the propos ed code. The primary change locally is regarding the frequency of pumping and/or system inspections. Currently, owners of SSTS’s are required under City Code to have their systems inspected and tanks pumped every two years. A triennial inspection of the system is allowed for systems meeting certain criteria. Under the new requirements all systems will require inspection at least every 3 years. Pumping will only be required when the level of sludge and scum meet certain criteria defined in the ordinance . This provision will likely reduce the frequency of pumping for most Lino residents. The City Council approved the 1 st reading of the ordinance on August 12, 2013. RECOMMENDATION Staff is recommending approval of the 2nd Reading of Ordinance No. 08 -13 and Resolution No. 13 -93 . ATTACHMENTS 1. Ordinance No. 08 -13 2. Resolution No. 13 -93 1 1 st Reading: Publication: 2 nd Reading: Effective: Council Member ________________ moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 08 -13 AN ORDINANCE AMENDING CHAPTER 403 OF THE LINO LAKES CITY CODE —INDIVIDUAL SEWAGE TREATMENT SYSTEMS . The City Council of the City of Lino Lakes, Anoka County, Minnesota, does ordain: Section 1. That Chapter 403 of the Lino Lakes City Code is hereby deleted in its entirety and the following inserted in lieu thereof : CHAPTER 40 3: INDIVIDUAL SUBSURFACE SEWAGE TREATMENT SYSTEMS Section 403.0 1 Purpose, Applicability, and Authority 403.0 2 General Provisions 403.0 3 Standards Adopted 403.0 4 Permits 403.0 5 Violations and Penalties § 403.0 1 PURPOSE, APPLICABILITY, AN D AUTHORITY (1) Purpose. It is the purpose of this Chapter to establish standards for the proper design, installation, location, construction, operation, use, and maintenance of Subsurface Sewage Treatment Systems (SSTS) and Individual Subsurface Sewage Treatment Systems (ISTS) in order to protect the public health, safety, and general welfare. (2) Applicability . This Chapter shall apply to those sites or facilities that are licensed, permitted, or otherwise regulated by the City of Lino Lakes. The sew er provisions of this Chapter shall also apply to any premises in the City that are not served by a sewage treatment system permitted by the Minnesota Pollution Control Agency. 2 (3) Authority. This Chapter is adopted pursuant to the authorization and requ irements contained in Minnesota Statutes §§ 145A.05, 115.55, and Minnesota Administrative Rules Chapter 7082. § 403.0 2 GENERAL PROVISIONS (1) Treatment Required. All sewage generated in unsewered areas shall be treated and disbursed by an approved SSTS or a system permitted by the Minnesota Pollution Control Agency. (2 ) Administration. This Chapter shall be administered by the City of Lino Lakes Building Department. The term “Department,” where used in this Chapter, shall mean the City of Lino Lakes Building Department. (3 ) Compliance. No person shall cause or permit the location, construction, alteration, extension, conversion, operation, or maintenance of a subsurface sewage treatment system, except in full compliance with the provisions of this C hapter . (4 ) Conditions. Violation of any condition imposed by the City on a license, permit, or variance issued under this Chapter shall be deemed a violation of this Chapter and subject to the penalty provisions set forth herein. (5 ) Site Evaluation, S ystem Design, Construction, Inspection, and Servicing. Site evaluation, system design, construction, inspection, and system servicing shall be performed by Minnesota Pollution Control Agency listed SSTS businesses or qualified employees of local governmen ts or persons exempt from licensing in Minnesota Administrative Rule 7083.0700. For lots platted after January 23 , 1996, a design shall evaluate and locate space for a minimum of two soil treatment area s . (6 ) Inspection. No part of an individual sewage treatment system shall be covered until it has been inspected and approved by the Department. If any part of the system is covered before being inspected and approved as provided herein, it shall be uncovered upon the direction of the Department. The Dep artment shall cause such inspections as are necessary to determine compliance with this Chapter. It shall be the responsibility of the permittee to notify the Department that the system is ready for inspection. If the integrity of the system is threatene d by adverse weather if left open and the Department is unable to conduct an inspection, the permittee may, after receiving written permission from the Department, document compliance with this Chapter by photographic means that show said compliance and su bmit that evidence to the Department prior to final approval being sought. 3 (7 ) Compliance Inspection and Certificate of Compliance Required. An SSTS compliance inspection and a Certificate of Compliance are required prior to the issuance of a building pe rmit : (a) For a new or replacement SSTS. (b) When altering an existing structure to add a bedroom. (c) When a parcel having an existing system undergoes development, subdivision, or split. (8 ) Imminent Public Health and Safety Threat; Failing System; and Surface Discharge. (a) The owner of a n SSTS that poses an imminent threat to public health and safety shall immediately abate the threat according to instructions by the Department and be brought into compliance with this Chapter in accordance with a schedule established by the Department, which schedule shall not exceed ten (10) months. (b) A failing system, including a SSTS that is not protective of groundwater, shall be brought into compliance with 24 months after receiving notice from the Departm ent. (c) An SSTS discharging raw or partially treated wastewater to ground surface or surface water is prohibited unless permitted under the National Pollution Discharge Elimination System. (9 ) Septic Tank Maintenance. The owner of a sewage tank, or tan ks, shall regularly, but not less frequently than every three (3) years inspect the tank(s) and measure the accumulations of sludge and scum. If the system is pumped, measurement is not needed. The owner shall remove and sanitarily dispose of septage wh enever the top of the sludge layer (a) is less than twelve (12) inches below the bottom of the outlet baffle or transfer hole, or (b) the bottom of the scum layer is less than three (3) inches above the bottom of the outlet baffle or transfer hold. Remova l of septage shall include complete removal of scum and sludge. Pumping permits are required prior to pumping of tank(s) (1 0 ) Non -Complying Systems. Existing systems that are non -complying but are not an imminent health or safety threat, failing, or disc harging to surface may continue in use so long as the use is not changed or expanded. If the use changes or is expanded, the non -complying elements of the existing system must be brought into compliance. 4 (11 ) Non -Complying Work. New individual sewage tr eatment system construction that is non -compliant, or other work on a system that is non -complying, must be brought into compliance with this Chapter in accordance with a schedule established by the Department, which schedule shall not exceed seven (7) day s unless the Department finds extenuating circumstances. (12 ) Change in Use. A Certificate of Compliance may be voided if, subsequent to the issuance of the certificate, the use of the premises or condition of the system has changed or been altered. (13 ) Variances —Setback Reduction. Where conditions prevent the construction, alteration, and/or repair of an individual sewage treatment system on an existing developed parcel of real property, the Department may reduce property line and building setbacks an d system sizing requirements provided said reduction does not endanger or unreasonable infringe on adjacent properties. (14 ) Floodplain. An SSTS shall not be located in a floodway or floodplain. Location within the flood fringe is permitted provided tha t the design complies with this Chapter and all of the Rules and Statutes incorporated herein by reference. (15 ) Class V Injection Wells. All owners of new or replacement SSTS that are considered to be Class V injection wells, as defined in the Code of F ederal Regulations, title 40, part 144, are required by Federal law to submit SSTS inventory information to the Environmental Protection Agency. § 403.0 3 STANDARDS ADOPTED (1) Minnesota Rules Adopted. Minnesota Administrative Rules Chapters 7080 and 70 81, that are in effect on the date of passage of this Chapter , relating to subsurface sewage treatment systems, are hereby adopted by reference and made a part of this Chapter as if fully set forth herein. (2) Rules Amended. The Rules, adopted in Sectio n 403.0 3 (1 ), are amended as follows: (a) Compliance Inspection – 15 Percent Vertical Separation Reduction. Minnesota Administrative Rule 7080.1500, subp. 4D is amended to allow 15 percent reduction of vertical separation (separation distance no less than 30.6 inches) may be determined to be compliant for existing systems to account for settling and variable interpretation of soil characteristics. (3) Holding Tanks. Holding tanks may be allowed for the following applications: 5 (a) As replacement to a fa iling system; (b) As replacement for a n SSTS that poses an imminent threat to public health and safety; or (c) For an existing lot in which an SSTS cannot feasibly be installed and the Department finds extenuating circumstances. (4) System Abandonment. An SSTS or any component thereof that is no longer intended to be used must be abandoned in accordance with the adopted standards of this Chapter. § 403.0 4 PERMITS (1) Permit Required. No person shall cause o r allow the location, construction, altera tion, extension, conversion, modification or pumping of any SSTS without first obtaining a permit for such work from the Department. No person shall construct, alter, extend, convert, or modify any structure that is or will utilize a SSTS without first ob taining a permit. (a) All work performed on an SSTS shall be done by an appropriately licensed business, qualified employees or persons exempt from licensing. Permit applications shall be submitted by the person doing the individual SSTS construction on forms provided by the Department and accompanied by required site and design data, and permit fees. (b) Permits shall only be issued to the person doing the individual sewage treatment system construction. (c) Permit applications for new and replacement SSTS shall include a management plan for the owner that includes a schedule for septic tank maintenance. (d) A permit is not required for minor repairs or replacement of damaged or deteriorated components that do not alter the original function, change th e treatment capacity, change the location of system components, or otherwise change the original system’s design, layout, or function. (2) Operating Permit. An operating permit shall be required of all owners of new holding tanks, Type IV and V systems, MSTS, and other SSTS that the Department has determined require operational oversight. 6 (a) Application. Application for an operating permit shall be made on a form provided by the Department. (b) Holding Tanks. The owner of holding tanks installed afte r the effective date of this Chapter shall provide the Department with a copy of a contract with a licensed sewage maintenance business for monitoring and removal of holding tank contents. § 403.0 5 VIOLATIONS AND PENALTIES (1) Misdemeanor. Any person w ho fails to comply with the provisions of this Chapter shall be guilty of a misdemeanor. A separate offense shall be deemed committed upon each day during on which a violation occurs or continues. (2) Civil Action/Injunctive Relief. In the event of a vi olation or a threat of violation of this Chapter, the Department may institute appropriate civil or administration actions or proceedings, include actions seeking damaged, declaratory relief, or injunctive relief to prevent, restrain, correct, or abate suc h violations or threatened violations, and the City Attorney is authorized to institute such action. Section 2 . Effective Date of Ordinance. This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lake s City Charter. ________________________ Jeff Reinert, Mayor ____________________________ Attest: Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this _____day of ____________, 2013 The motion for the adoption of the foregoing ord inance was duly seconded by Council Member _________ and upon a vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said ordinance was declared duly passed and adopted. CITY OF LINO LAKES RESOLUTION NO. 13 -9 3 RESOLUTION APPROVING SUMMARY OF ORDINANCE NO. 0 8 -13 FOR PUBLICATION WHEREAS , the City Council has approved the first and second readings of Ordinance No. 0 8 - 13, amending Chapter 403 of the Lino Lakes City Code re lating to Individual Sewage Treatment Systems; and WHEREAS, Ordinance No. 0 8 -13 is lengthy and Minn. Statute 412.191 provides for a city to publish a summary of an ordinance ; and WHEREAS, the City Council determines that the summary clearly informs the p ublic of the intent and effect of the ordinance, and WHEREAS, the publication in the official newspaper ill include a notice that a full printed copy of the ordinance is available at City Hall. NOW, THEREFORE BE IT RESOLVED by The City Council of T he Cit y of Lino Lakes hereby approves the summary of Ordinance No. 0 8 -13, attached hereto as Exhibit A, for publication according to State Law and City Charter. Adopted by the Council o f the City of Lino Lakes this 26 th day of August , 2013 . 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 CITY OF LINO LAKES COUNTY OF ANOKA SUMMARY OF ORDINANCE NO. 0 8 -13 AN ORDINA NCE AMENDING CHAPTER 403 OF THE LINO LAKES CITY CODE — INDIVIDUAL SEWAGE TREATMENT SYSTEMS. Chapter 403 of the Lino Lakes City Code is hereby deleted in its entirety and the following inserted in lieu thereof: 403.01 Purpose, Applicability and Authority . Establishes the public purpose for the requirements, what the requirements apply to and sites the statutory authority for adoption of the code requirements. 403.02 General Provisions . This section contains regulatory provisions for the following categ ories: (1) Treatment Required. (2) Administration. (3) Compliance. (4) Conditions. (5) Site Evaluation, System Design, Construction, Inspection, and Servicing. (6) Inspection. (7) Compliance Inspection and Certificate of Compliance Required. (8) Im minent Public Health and Safety Threat; Failing System; and Surface Discharge. (9) Septic Tank Maintenance. (10) Non -Complying Systems. (11) Non -Complying Work. (12) Change in Use. (13) Variances —Setback Reduction. (14) Floodplain. (15) Class V Inj ection Wells. 403.03 Standards Adopted. Minnesota Rules are adopted by reference. The Section also includes amended rules and specific requirements related to holding tanks and system abandonment. 403.04 Permits. This section establishes permit re quirements. 403.05 Violations and Penalties. This section establishes penalties for violations of the code requirements. Passed by the Lino Lakes City Council on August 26, 2013 This is a summary of the adopted ordinance. A full printed copy of t he ordinance is available at City Hall.