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HomeMy WebLinkAbout04/11/2005 Council PacketAGENDA CITY OF LINO LAKES Monday, April 11, 2005 Council Chambers City Council meeting 6:30 p.m. (Scheduled to be broadcast on Channel 16) Open Mike Call to Order and Roll Call Pledge of Allegiance Setting the Agenda: Addition or deletion of agenda items 1. Consent Agenda - A) Consideration of Expenditures: i) April 11, 2005 (Check No. 73452 through 73531 in $105,976.87). ii) Centennial Fire District (Check No. 14682 through amount of $23,859.96) the amount of Pg. 4 -13 14703 in the Pg. 14 B) Consider minutes of February 28, 2005 City Council Meeting C) Consider minutes of March 9, 2005 Council Work Session 2. Finance Department Report, Al Rolek A) None. 3. Administration Department Report, Dan Tesch A) None. 4. Public Safety Department Report, Dave Pecchia A) None. 5. Public Services Department Report, Rick DeGardner Page 1 AGENDA A) None. 6. Community Development Department Report, Michael Grochala A) Consideration of Resolution No. 05 -51, Authorizing Preparation of I -35E Corridor AUAR, Jeff Smyser, John Shardlow (DSU, Inc.) Pg. 15 -39 B) C) Consideration of Resolution No. 05 -56, Supporting CRT Disposal Requirements, Marty Asleson Pg. 40 -44 Consideration of Resolution No. 05 -47, Approving Registered Land Survey, City of Circle Pines, Jeff Smyser Pg. 45A - -45L D) West Shadow Ponds 2nd Addition i. Consideration of Resolution No. Bengtson ii. Consideration of Resolution No. Agreement, Jim Studenski E) Vaughan Addition i. Consideration of Resolution No. 05 -49, Approving Final Plat, Paul Bengtson Pg. 62 -65 ii. Consideration of Resolution No. 05 -53, Approving Development Agreement, Jim Studenski Pg. 66 -81 05 -50, Approving Final Plat, Paul Pg. 46 -48 05 -52, Approving Development Pg. 49 -61 F) Consideration of Resolution No.05 -48, Approving Preliminary Plat, Marshan Lakeview, Paul Bengtson Pg. 82 -99 G) Well No. 5, Drilling i. Consideration of Resolution No. 05 -54, Accepting Bids and Awarding Contract, Jim Studenski Pg. 104 -107 ii. Consideration of Resolution No. 05 -55, Notice of Intent To Bond, Jim Studenski Pg. 108 -110 H) Consideration of Resolution No. 05 -44, Authorizing Preparation of Feasibility Study, West Shadow Lake Drive Street and Utility Improvements, Michael Grochala Pg. 100 -103 Page 2 AGENDA 7. Unfinished Business A) None. 8. New Business A) None. 9. Community Calendar, April 11, 2005 through April 25, 2005: A) Planning & Zoning Board Meeting, Wednesday, April 13, 2005, 6:30 p.m. B) Joint City Council & Charter Commission Meeting, Thursday, April 14, 2005, 7:00 p.m. C) Council Work Session, Wednesday, April 20, 2005, 5:30 p.m. D) City Council Meeting, Monday, April 25, 2005, 6:30 p.m. 10. Adjourn Page 3 EXPANDED AGENDA CITY OF LINO LAKES Monday, April 11, 2005 Council Chambers City Council meeting 6:30 p.m. (6:32 P.M.) (Scheduled to be broadcast on Channel 16) Open Mike THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK. Call to Order and Roll Call ALL PRESENT. Pledge of Allegiance Setting the Agenda: Addition or deletion of agenda items COUNCILMEMBER CARLSON REQUESTED ITEM 1B BE REMOVED FROM THE CONSENT AGENDA TO NEW BUSINESS FOR A SMALL CORRECTION. THE COUNCILMEMBERS CONCURRED TO REMOVE IT. THERE WERE NO OTHER CHANGES TO THE AGENDA. 1. Consent Agenda - A) Consideration of Expenditures: i) April 11, 2005 (Check No. 73452 through 73531 in the amount of $105,976.87). Pg. 4 -13 ii) Centennial Fire District (Check No. 14682 through 14703 in the amount of $23,859.96) Pg. 14 B) Consider minutes of February 28, 2005 City Council Meeting C) Consider minutes of March 9, 2005 Council Work Session MOTION BY COUNCILMEMBER CARLSON, SECONDED BY COUNCILMEMBER REINERT, FOR APPROVAL OF THE CONSENT AGENDA ITEMS lAi, lAii, AND 1C. THE MOTION PASSED UNANIMOUSLY. 2. Finance Department Report, Al Rolek A) None. Page 1 EXPANDED AGENDA 3. Administration Department Report, Dan Tesch A) None. 4. Public Safety Department Report, Dave Pecchia A) None. 5. Public Services Department Report, Rick DeGardner A) None. 6. Community Development Department Report, Michael Grochala A) Consideration of Resolution No. 05 -51, Authorizing Preparation of I -35E Corridor AUAR, Jeff Smyser, John Shardlow (DSU, Inc.) Pg. 15 -39 MOTION BY COUNCILMEMBER REINERT, SECONDED BY COUNCILMEMBER STOLTZ, FOR ADOPTION OF RESOLUTION NO. 05 -51, AS RECOMMENDED BY STAFF. VOTE: THREE AYES, TWO NAYS. THE MOTION PASSED. COUNCILMEMBERS REINERT, BERGESON AND STOLTZ VOTED AYE. COUNCILMEMBERS CARLSON AND DAHL VOTED NAY. B) Consideration of Resolution No. 05 -56, Supporting CRT Disposal Requirements, Marty Asleson Pg. 40 -44 MOTION BY COUNCILMEMBER CARLSON, SECONDED BY COUNCILMEMBER DAHL, FOR ADOPTION OF RESOLUTION NO. 05 -56, AS RECOMMENDED BY STAFF. THE MOTION PASSED UNANIMOUSLY. C) Consideration of Resolution No. 05 -47, Approving Registered Land Survey, City of Circle Pines, Jeff Smyser Pg. 45A - -45L MOTION BY COUNCILMEMBER DAHL, SECONDED BY COUNCILMEMBER CARLSON, FOR ADOPTION OF RESOLUTION NO. 05-47, AS RECOMMENDED BY STAFF. THE MOTION PASSED UNANIMOUSLY. D) West Shadow Ponds 2nd Addition i. Consideration of Resolution No. 05 -50, Approving Final Plat, Paul Bengtson Pg. 46 -48 MOTION BY COUNCILMEMBER STOLTZ, SECONDED BY COUNCILMEMBER DAHL, FOR ADOPTION OF RESOLUTION NO. 05 -50, AS RECOMMENDED BY STAFF. THE MOTION PASSED UNANIMOUSLY. Page 2 EXPANDED AGENDA ii. Consideration of Resolution No. 05 -52, Approving Development Agreement, Jim Studenski Pg. 49 -61 MOTION BY COUNCILMEMBER REINERT, SECONDED BY COUNCILMEMBER DAHL, FOR ADOPTION OF RESOLUTION NO. 05 -52, AS RECOMMENDED BY STAFF. THE MOTION PASSED UNANIMOUSLY. E) Vaughan Addition i. Consideration of Resolution No. 05 -49, Approving Final Plat, Paul Bengtson Pg. 62 -65 MOTION BY COUNCILMEMBER CARLSON, SECONDED BY COUNCILMEMBER STOLTZ, FOR ADOPTION OF RESOLUTION NO. 05-49, AS RECOMMENDED BY STAFF. THE MOTION PASSED UNANIMOUSLY. ii. Consideration of Resolution No. 05 -53, Approving Development Agreement, Jim Studenski Pg. 66 -81 MOTION BY COUNCILMEMBER DAHL, SECONDED BY COUNCILMEMBER STOLTZ, FOR ADOPTION OF RESOLUTION NO. 05-53, AS RECOMMENDED BY STAFF. THE MOTION PASSED UNANIMOUSLY. F) Consideration of Resolution No.05 -48, Approving Preliminary Plat, Marshan Lakeview, Paul Bengtson Pg. 82 -99 MOTION BY COUNCILMEMBER REINERT, SECONDED BY COUNCILMEMBER DAHL, FOR ADOPTION OF RESOLUTION NO. 05-48, AS RECOMMENDED BY STAFF. THE MOTION PASSED UNANIMOUSLY. G) Well No. 5, Drilling i. Consideration of Resolution No. 05 -54, Accepting Bids and Awarding Contract, Jim Studenski Pg. 104 -107 MOTION BY COUNCILMEMBER STOLTZ, SECONDED BY COUNCILMEMBER DAHL, FOR ADOPTION OF RESOLUTION NO. 05-54, AS RECOMMENDED BY STAFF. THE MOTION PASSED UNANIMOUSLY. ii. Consideration of Resolution No. 05 -55, Notice of Intent To Bond, Jim Studenski Pg. 108 -110 MOTION BY COUNCILMEMBER STOLTZ, SECONDED BY COUNCILMEMBER DAHL, FOR ADOPTION OF RESOLUTION NO. 05-55, AS RECOMMENDED BY STAFF. THE MOTION PASSED UNANIMOUSLY. Page 3 EXPANDED AGENDA PRIOR TO THE CONSIDERATION OF ITEM 6H, MAYOR BERGESON RECUSED HIMSELF FROM THE MEETING AND INDICATED HE WOULD NOT PARTICIPATE IN THE DISCUSSION NOR VOTE ON THIS ITEM. COUNCILMEMBER STOLTZ ASSUMED THE ROLE OF ACTING MAYOR AT 7:38 P.M. H) Consideration of Resolution No. 05 -44, Authorizing Preparation of Feasibility Study, West Shadow Lake Drive Street and Utility Improvements, Michael Grochala Pg. 100 -103 MOTION BY COUNCILMEMBER REINERT, SECONDED BY COUNCILMEMBER STOLTZ, FOR ADOPTION OF RESOLUTION NO. 05 -44, AS RECOMMENDED BY STAFF. CITY ATTORNEY HAWKINS NOTED THIS ITEM REQUIRED A 4/5 VOTE. UPON ROLL CALL VOTE, THERE WERE TWO AYES AND TWO NAYS. THE MOTION FAILED. COUNCILMEMBERS CARLSON AND DAHL VOTED NAY. COUNCILMEMBERS STOLTZ AND REINERT VOTED AYE. 7. Unfinished Business A) None. 8. New Business A) Consider minutes of February 28, 2005 City Council Meeting COUNCILMEMBER CARLSON PROPOSED A CHANGE ON PAGE 4, LINE 174 -175. MOTION BY COUNCILMEMBER CARLSON, SECONDED BY COUNCILMEMBER REINERT, FOR APPROVAL OF THE MINUTES OF FEBRUARY 28, 2005 AS CORRECTED. THE MOTION PASSED UNANIMOUSLY. 9. Community Calendar, April 11, 2005 through April 25, 2005: A) Planning & Zoning Board Meeting, Wednesday, April 13, 2005, 6:30 p.m. B) Joint City Council & Charter Commission Meeting, Thursday, April 14, 2005, 7:00 p.m. C) Council Work Session, Wednesday, April 20, 2005, 5:30 p.m. D) Annual Board of Review, Monday, April 25, 2005, 6:00 p.m. (Prior to regular Council meeting) Page 4 EXPANDED AGENDA E) City Council Meeting, Monday, April 25, 2005, 6:30 p.m. 10. Adjourn MOTION BY COUNCILMEMBER CARLSON, SECONDED BY COUNCILMEMBER REINERT, TO ADJOURN THE MEETING AT 8:18 P.M. THE MOTION PASSED UNANIMOUSLY. Page 5 • EXPENDITURES APRIL 11, 2005 • • Date: 03/25/2005 Time: 08:07:16 Ranges: Vendor #: (A) • Invoice #: (A) Entry Journal #: (R) 4556 - 4556 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 1 Options: Detail / Summary: S Invoice Status: A # of copies: 1 Sort: N Check Over Expend: N Discount Vendor # Name # of items Net Gross Discount Lost 000110 A T & T WIRELESS 1 49.00 49.00 .00 .00 000121 BRODEUR, JASON 1 130.00 130.00 .00 .00 000126 GILBERTSON, CHAD 1 298.20 298.20 .00 .00 000130 PRASCH, KAREN 1 80.00 80.00 .00 .00 000139 LEWIS, GREG 1 93.29 93.29 .00 .00 000200 AMERICAN FAMILY LIFE ASSUR, INC. 1 175.30 175.30 .00 .00 000286 HALVERSON, ADAM 1 159.74 159.74 .00 .00 000537 CENTRAL PENSION FUND 1 2,073.60 2,073.60 .00 .00 001015 ALEXANDER, MARY 1 52.00 52.00 .00 .00 001110 CIRCLE PINES, CITY OF 1 6,550.17 6,550.17 .00 .00 001395 NEXTEL COMMUNICATIONS 1 1,004.87 1,004.87 .00 411140 KEEPERS, INC. 1 12.84 12.84 .00 .00 002000 INTL UNION OF OPER ENGR 1 390.00 390.00 .00 .00 002931 MN CHILD SUPPORT PAYMENT CENTER 1 234.42 234.42 .00 .00 003091 MN NCPERS LIFE INSURANCE 1 432.00 432.00 .00 .00 003250 XCEL ENERGY 1 5,404.93 5,404.93 .00 .00 003492 PETTY CASH 1 285.48 285.48 .00 .00 Grand Totals: 17 17,425.84 17,425.84 .00 .00* Date: 04/01/2005 Time: 09:07:24 Ranges: Vendor #: (A) • Invoice #: (A) Entry Journal #: (R) 4569 - 4569 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Options: Detail / Summary: S Invoice Status: A # of copies: 1 Sort: N Check Over Expend: N Vendor # Name # of items Page: 1 Discount Net Gross Discount Lost 000018 MASUNE COMPANY, INC. 000073 MCCARTHY, KELLY ANN 000081 BLACK & DECKER USPTG 000093 ACE SOLID WASTE, INC. 000141 BLUE LINE LEARNING GROUP, INC. 000143 BEACON SEMINAR /BEACON ATHLETICS 000144 WHITE BEAR LAKE POLICE DEPARTMENT 000155 O'DEA, MARY JO 000158 ALL STAR SPORTS, INC. 000191 MACQUEEN EQUIPMENT, INC. 000197 DROLSON, DAVE 118 FEDERAL SIGNAL CORPORATION 000205 HEIN, CAROL 000210 AMERICAN FASTENER & SUPPLY, INC. 000216 PIN CENTER, THE 000236 O'CONNELL, TERESA 000240 VALLEY -RICH CO., INC. 000252 SALO, AMY 000254 SOFTWARE HOUSE INTERNATIONAL, INC. 000255 ZONDLO, RACHEL 000260 AMERICAN PRESSURE, INC. 000286 HALVERSON, ADAM • 1 1 1 1 1 1 1 1 3 1 1 1 1 1 1 1 1 1 1 1 1 143.90 143.90 .00 .00 641.73 641.73 .00 .00 89.57 89.57 .00 .00 354.51 354.51 .00 .00 207.00 207.00 .00 .00 99.00 99.00 .00 .00 120.00 120.00 .00 .00 100.00 100.00 .00 .00 1,691.00 1,691.00 .00 .00 309.63 309.63 .00 .00 130.00 130.00 .00 .00 106.38 106.38 .00 .00 20.00 20.00 .00 .00 24.01 24.01 .00 .00 695.00 695.00 .00 .00 150.00 150.00 .00 .00 2,994.71 2,994.71 .00 .00 10.00 10.00 .00 .00 1,283.33 1,283.33 .00 .00 5.00 5.00 .00 .00 80.00 80.00 .00 .00 90.00 90.00 .00 .00 Date: 04/01/2005 Time: 09:07:24 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 2 Discount # Name # of items Net Gross Discount Lost 000293 WIPERS AND WIPES, INC. 1 163.49 163.49 .00 .00 000303 INSTRUMENTAL RESEARCH, INC. 1 90.00 90.00 .00 .00 000364 NORTHERN AIR CORPORATION 1 352.25 352.25 .00 .00 000370 CENTRAL COMMUINICATIONS 1 5.57 5.57 .00 .00 000465 MN DEPT OF ADMIN /INTECH GROUP 1 37.00 37.00 .00 .00 000489 TDS METROCOM 1 1,485.55 1,485.55 .00 .00 000539 TARGET 2 84.29 84.29 .00 .00 000548 GRUNDHOFER, CONSTANCE 1 150.00 150.00 .00 .00 000598 MINNESOTA PIPE & EQUIPMENT, INC. 1 216.42 216.42 .00 .00 000673 LANDFORM ENGINEERING COMPANY, INC. 1 362.45 362.45 .00 .00 000688 LAIDLAW TOWN & COUNTRY BUS COMPANY, INC. 1 238.00 238.00 .00 .00 000758 IMPERIAL HOMES, INC. 1 1,965.00 1,965.00 .00 .00 000772 FILTRATION SYSTEMS, INC. 1 243.63 243.63 .00 .00 000860 BROADWAY AWARDS, INC. 1 133.98 133.98 .00 .00 000946 C. P. OFFICE PRODUCTS 3 529.61 529.61 .00 .00 000980 UNITED RENTALS, INC. 1 165.93 165.93 .00 .00 •0 CATCO PARTS, INC. 1 101.15 101.15 .00 .00 001007 KUBES, WILLIAM 1 532.50 532.50 .00 .00 001095 DAHLGREN SHARDLOW AND UBAN 1 13,643.72 13,643.72 .00 .00 001100 CIRCLE PINES POST OFFICE 1 406.56 406.56 .00 .00 001230 CRYSTEEL TRUCK EQUIPMENT, INC. 1 125.54 125.54 .00 .00 001269 FORCE AMERICA, INC. 1 22.12 22.12 .00 .00 001270 DALCO, INC. 1 4.58 4.58 .00 .00 001292 DEHN OIL COMPANY, INC. 1 4,191.98 4,191.98 .00 .00 001298 DEGARDNER, RICK 1 34.43 34.43 .00 .00 001310 MINNESOTA CHIEFS OF POLICE 1 85.00 85.00 .00 .00 001380 EARL ANDERSON ASSOCIATION, INC. 1 753.13 753.13 .00 .00 Date: 04/01/2005 Time: 09:07:25 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 3 Discount r # Name # of items Net Gross Discount Lost 001530 FOREST LAKE FORD, INC. 1 77.52 77.52 .00 .00 001561 EMERGENCY AUTOMOTIVE TECHNOLOGIES, INC. 1 187.71 187.71 .00 .00 001720 GRAINGER, INC. 1 248.73 248.73 .00 .00 001859 HOME DEPOT CREDIT SERVICES 1 102.53 102.53 .00 .00 002340 IMAGE PRINTING & GRAPHICS, INC. 2 803.33 803.33 .00 .00 002550 MENARDS, INC. 2 466.29 466.29 .00 .00 003490 PETTY CASH 1 201.45 201.45 .00 .00 003600 PRESS PUBLICATIONS, INC. 4 224.25 224.25 .00 .00 003620 PRINTERS SERVICE, INC. 1 28.00 28.00 .00 .00 003882 SHRED -IT, INC. 1 132.00 132.00 .00 .00 003900 SAFETY KLEEN CORPORATION, INC. 3 246.45 246.45 .00 .00 004012 SILVERA, SHAWN 1 40.00 40.00 .00 .00 004070 REED BUSINESS INFORMATION 1 115.14 115.14 .00 .00 004100 SPRINGSTED, INC. 1 15,355.45 15,355.45 .00 .00 004125 ST. PAUL CITY OF 1 120.00 120.00 .00 .00 004240 STREICHER'S, INC. 5 816.06 816.06 .00 .00 1111144 MINNESOTA EROSION CONTROL ASSOCIATION 1 565.00 565.00 .00 .00 004256 MAPLE GROVE COMMUNITY CENTER 1 129.25 129.25 .00 .00 004280 SUNSHINE LIGHTING COMPANY, INC. 1 19.46 19.46 .00 .00 004350 T.K.D.A. 19 30,456.75 30,456.75 .00 .00 004427 TIMESAVER OFF -SITE SECRETARIAL, INC 5 1,124.50 1,124.50 .00 .00 004540 TWIN CITY GARAGE DOOR CO., INC. 1 97.40 97.40 .00 .00 004604 MINNESOTA DEPARTMENT OF PUBLIC SAFETY 1 180.00 180.00 .00 .00 004665 BAUMAN, BARBARA 1 150.00 150.00 .00 .00 004666 BOR, BARBARA 1 150.00 150.00 .00 .00 004671 VERIZON WIRELES, BELLEVUE 1 56.84 56.84 .00 .00 004715 SMITH, DENNIS 1 50.00 50.00 .00 .00 • Date: 04/01/2005 Time: 09:07:25 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 4 Discount r # Name # of items Net Gross Discount Lost 004764 CARROLL, JAMES 1 641.73 641.73 .00 .00 004788 SPRINT 1 61.42 61.42 .00 .00 004840 WINNICK SUPPLY, INC. 1 10.12 10.12 .00 .00 950061 KUKONEN, ROD 1 225.00 225.00 .00 .00 Grand Totals: 118 88,551.03 88,551.03 .00 .00* • Date: 04/01/2005 Time: 09:12:49 Operator: JAL • Ranges: Options: Page: 1 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Fund: Dept Id: Program: Vendor #: Invoice #: Schedule Journal #: Bank #: Cash #: Payroll Check Dates: (A) (A) (A) (A) (A) (R) (A) (A) (A) Print: D Report Format: 1 # of copies: 1 Total By Account: Y Check # Vendor Alpha Name 73436 73437 73439 0 0 0 73443 73446 73447 0 73450 0 0 0 4564 - 4570 Sort: D Print Ranges /Options: Y Process Payroll: N Page on Sort: N Description ALEXANDER, MARY AMERICAN FAMILY LIFE A CENTRAL PENSION FUND EARL ANDERSON ASSOCIAT HEIN, CAROL IMPERIAL HOMES, INC. INTL UNION OF OPER ENG MN CHILD SUPPORT PAYME MN NCPERS LIFE INSURAN PETTY CASH PRASCH, KAREN SALO, AMY T.K.D.A. ZONDLO, RACHEL 438 BRODEUR, JASON 0 DROLSON, DAVE REIMBURSE PROGRAM REC PAYROLL WITHHOLDING PAYROLL WITHHOLDING STREET SIGN REIMBURSE PROGRAM REC REFUND PERMIT PAYROLL WITHHOLDING PAYROLL WITHHOLDING /0014 PAYROLL WITHHOLDING SUPPLIES /POSTAGE /SEMINAR REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC FOX DEN /MARCH REIMBURSE PROGRAM REC Total for Dept ** REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC Total for Dept 202 O ALL STAR SPORTS, INC. T- SHIRTS O LAIDLAW TOWN & COUNTRY PROGRAM REC O MAPLE GROVE COMMUNITY PROGRAM REC O TARGET SUPPLIES Total for Dept 205 ADULT SP ADULT SP SPECIAL SPECIAL SPECIAL SPECIAL O BROADWAY AWARDS, INC. PLAQUE MAYOR /CO 0 PETTY CASH SUPPLIES /POSTAGE /SEMINAR MAYOR /C0 O PIN CENTER, THE LOGO PINS MAYOR /CO O TIMESAVER OFF -SITE SEC MARCH 14 MAYOR /CO Total for Dept 401 73448 NEXTEL COMMUNICATIONS MONTHLY SERVICE /FEBRUARY ADMINIST 0 PETTY CASH SUPPLIES /POSTAGE /SEMINAR ADMINIST 0 PRESS PUBLICATIONS, IN ADVERTISING ADMINIST 0 SPRINT MONTHLY SERVICE /MARCH ADMINIST • Amount 52.00 175.30 2,073.60 753.13 20.00 1,965.00 390.00 234.42 432.00 5.30 80.00 10.00 9,575.61 5.00 15,771.36* 130.00 130.00 260.00* 1,340.00 238.00 129.25 61.87 1,769.12* 133.98 23.88 695.00 678.50 1,531.36* 44.76 65.00 113.85 61.42 Date: 04/01/2005 Time: 09:12:49 Operator: JAL • Page: 2 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description Dept Amount Total for Dept 402 73448 NEXTEL COMMUNICATIONS MONTHLY SERVICE /FEBRUARY SENIORS Total for Dept 406 0 LANDFORM ENGINEERING C MASTER PLANNING SERVICE ECONOMIC 73448 NEXTEL COMMUNICATIONS MONTHLY SERVICE /FEBRUARY ECONOMIC Total for Dept 415 0 PETTY CASH SUPPLIES /POSTAGE /SEMINAR PLANNING 0 TIMESAVER OFF -SITE SEC MAR 9 PLANNING Total for Dept 416 0 T.K.D.A. MARCH MEETINGS ENGINEER 73435 0 0 0 0 73441 0 73442 0 73444 73445 0 • 0 0 0 73448 0 73449 0 0 0 0 0 0 0 0 73451 Total for Dept 417 A T & T WIRELESS BLUE LINE LEARNING GRO CARROLL, JAMES CENTRAL COMMUINICATION FEDERAL SIGNAL CORPORA GILBERTSON, CHAD HALVERSON, ADAM HALVERSON, ADAM IMAGE PRINTING & GRAPH KEEPERS, -INC. LEWIS, GREG MCCARTHY, KELLY ANN MINNESOTA CHIEFS OF PO MINNESOTA DEPARTMENT 0 MN DEPT OF ADMIN /INTEC NEXTEL COMMUNICATIONS PETTY CASH PETTY CASH SILVERA, SHAWN SOFTWARE HOUSE INTERNA ST. PAUL CITY OF STREICHER'S, INC. TARGET TDS METROCOM MONTHLY SERVICE /FEBRUARY TRAINING /KENT S REIMBURSE TUITION MODEM /APRIL LAMP /SWITCH REIMBURSE REGISTRATION /H REIMBURSE POST LICENSE REIMBURSE UNIFORM ALLOWA PRINTING UNIFORM SUPPLIES REIMBURSE GAME REIMBURSE TUITION REGISTRATION /STEVE M REGISTRATION /ADAM H FEBRUARY USAGE MONTHLY SERVICE /FEBRUARY SUPPLIES /POSTAGE /SEMINAR SUPPLIES /POSTAGE /PHOTO D REIMBURSE RADIO PART LICENSE COURSE /MELISSA F & KELLY UNIFORM SUPPLIES SUPPLIES MONTHLY SERVICE /MARCH POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE VERIZON WIRELES, BELLE MONTHLY SERVICE /MARCH POLICE WHITE BEAR LAKE POLICE SEMINAR /JIM C & ADAM H POLICE XCEL ENERGY MONTHLY SERVICE /FEBRUARY POLICE Total for Dept 420 73448 NEXTEL COMMUNICATIONS MONTHLY SERVICE /FEBRUARY BUILDING 0 SHRED -IT, INC. DESTROY CONFIDENTIAL MAT BUILDING 0 T.K.D.A. BUILDING PERMIT REVIEWS/ BUILDING Total for Dept 422 • 285.03* 72.94 72.94* 362.45 13.78 376.23* 34.47 306.25 340.72* 731.64 731.64* 49.00 207.00 641.73 5.57 106.38 298.20 90.00 159.74 312.74 12.84 93.29 641.73 85.00 180.00 37.00 421.51 15.00 285.48 40.00 1,283.33 120.00 816.06 22.42 508.94 56.84 120.00 3.99 6,613.79* 76.60 132.00 659.25 867.85* Date: 04/01/2005 Time: 09:12:49 Operator: JAL C. # 0 73448 0 0 73451 Page: 3 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Vendor Alpha Name Description Dept AMERICAN FASTENER & SU NEXTEL COMMUNICATIONS SPRINGSTED, INC. TDS METROCOM XCEL ENERGY PARTS /SUPPLIES MONTHLY SERVICE /FEBRUARY SERVICES RENDERED /DEC -MA MONTHLY SERVICE /MARCH MONTHLY SERVICE /FEBRUARY Total for Dept 430 0 AMERICAN PRESSURE, INC 0 BLACK & DECKER USPTG O CATCO PARTS, INC. O CRYSTEEL TRUCK EQUIPME O DEHN OIL COMPANY, INC. O EMERGENCY AUTOMOTIVE T O FORCE AMERICA, INC. O FOREST LAKE FORD, INC. 0 MACQUEEN EQUIPMENT, IN 0 PETTY CASH O PRINTERS SERVICE, INC. O WINNICK SUPPLY, INC. 0 0 73440 0 0 0 0 0 0 111111448 0 0 0 0 0 0 0 73440 0 73448 0 73451 0 0 73448 • SERVICE CHUCK /SWITCH /PINION /SEAL HOSE /FITTING HEADLIGHT GASOHOL SPEAKER CAP KIT PARTS /SUPPLIES SEAL SUPPLIES /POSTAGE /SEMINAR CHIPPER KNIVES SHARPENED TIPS Total for Dept 431 ACE SOLID WASTE, INC. C. P. OFFICE PRODUCTS CIRCLE PINES, CITY OF DALCO, INC. FILTRATION SYSTEMS, IN GRAINGER, INC. HOME DEPOT CREDIT SERV IMAGE PRINTING & GRAPH MENARDS, INC. NEXTEL COMMUNICATIONS NORTHERN AIR CORPORATI PETTY CASH SUNSHINE LIGHTING COMP TDS METROCOM TWIN CITY GARAGE DOOR WIPERS AND WIPES, INC. BEACON SEMINAR /BEACON CIRCLE PINES, CITY OF DEGARDNER, RICK NEXTEL COMMUNICATIONS UNITED RENTALS, INC. XCEL ENERGY ALL STAR SPORTS, INC. MASUNE COMPANY, INC. NEXTEL COMMUNICATIONS WASTE REMOVAL /APRIL OFFICE SUPPLIES MONTHLY SUPPLIES FILTERS PANEL SUPPLIES PRINTING LUMBER /CAULK MONTHLY STREETS STREETS STREETS STREETS STREETS FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET GOVERNME GOVERNME SERVICE /FEBRUARY GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME SERVICE /FEBRUARY GOVERNME SERVICE TECH SUPPLIES /POSTAGE /SEMINAR LIGHT BULBS MONTHLY SERVICE /MARCH CLAMP SUPPLIES Total for Dept 432 GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME REGISTRATION /MIKE H PARKS MONTHLY SERVICE /FEBRUARY PARKS MILEAGE PARKS MONTHLY SERVICE /FEBRUARY PARKS SHOVEL PARKS MONTHLY SERVICE /FEBRUARY PARKS Total for Dept 450 T- SHIRTS RECREATI SUPPLIES RECREATI MONTHLY SERVICE /FEBRUARY RECREATI Amount 24.01 45.83 15,355.45 107.43 3,895.87 19,428.59* 80.00 89.57 101.15 125.54 4,191.98 187.71 22.12 77.52 309.63 9.50 28.00 10.12 5,232.84* 354.51 529.61 6,025.60 4.58 243.63 248.73 52.56 122.40 466.29 47.98 352.25 48.30 19.46 772.09 97.40 163.49 9,548.88* 99.00 524.57 34.43 174.96 165.93 115.19 1,114.08* 351.00 143.90 14.85 Date: 04/01/2005 Time: 09:12:49 Operator: JAL • Check # Page: 4 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Vendor Alpha Name Description Dept Amount Total for Dept 451 0 TIMESAVER OFF -SITE SEC MAR 7 Total for Dept 452 0 0 0 0 0 73448 0 0 0 BAUMAN, BARBARA BOR, BARBARA GRUNDHOFER, CONSTANCE KUKONEN, ROD MINNESOTA EROSION CONT NEXTEL COMMUNICATIONS O'CONNELL, TERESA O'DEA, MARY JO SMITH, DENNIS PARK BOA QUARTERLY STIPEND ENVIRONM QUARTERLY STIPEND ENVIRONM QUARTERLY STIPEND ENVIRONM QUARTERLY STIPEND ENVIRONM REGISTRATION /TIM P, MART ENVIRONM MONTHLY SERVICE /FEBRUARY ENVIRONM QUARTERLY STIPEND ENVIRONM QUARTERLY STIPEND ENVIRONM QUARTERLY STIPEND ENVIRONM Total for Dept 461 0 SAFETY KLEEN CORPORATI RECYCLE USED OIL Total for Dept 462 SOLID WA 0 KUBES, WILLIAM REIMB OAK WILT /6219 LIND FORESTRY Total for Dept 463 73452 M CIRCLE PINES POST OFFI UTILITY BILLING POSTAGE 0 HOME DEPOT CREDIT SERV SUPPLIES 0 INSTRUMENTAL RESEARCH, WATER SAMPLES 0 MINNESOTA PIPE & EQUIP PAINT 73448 NEXTEL COMMUNICATIONS MONTHLY SERVICE /FEBRUARY 0 TDS METROCOM MONTHLY SERVICE /MARCH fil 0 VALLEY -RICH CO., INC. EQUIPMENT RENTAL 51 XCEL ENERGY MONTHLY SERVICE /FEBRUARY Total for Dept 494 WATER WATER WATER WATER WATER WATER WATER WATER 73452 M CIRCLE PINES POST OFFI UTILITY BILLING POSTAGE SEWER 0 MINNESOTA PIPE & EQUIP PAINT SEWER 73451 XCEL ENERGY MONTHLY SERVICE /FEBRUARY SEWER Total for Dept 495 0 DAHLGREN SHARDLOW AND PROFESSIONAL 0 IMAGE PRINTING & GRAPH PRINTING 0 PRESS PUBLICATIONS, IN ADVERTISING 0 REED BUSINESS INFORMAT ADVERTISING 0 T.K.D.A. BIRCH STREET Total for Dept SERVICE /AUA TRAIL /MARCH 499 OTHER OTHER OTHER OTHER OTHER 509.75* 139.75 139.75* 150.00 150.00 150.00 225.00 565.00 45.83 150.00 100.00 50.00 1,585.83* 246.45 246.45* 532.50 532.50* 203.28 49.97 90.00 108.21 45.83 97.09 2,994.71 802.41 4,391.50* 203.28 108.21 587.47 898.96* 13,643.72 368.19 110.40 115.14 19,490.25 33,727.70* Grand Total 105,976.87* • • Centennial Fire District Check Register 4/5/2005 The disbursements listed below are submitted by the Centennial Fire District for your approval: DATE CHECK# NAME 4/5/2005 14682 4/5/2005 14683 4/5/2005 14684 4/5/2005 14685 4/5/2005 14686 4/5/2005 14687 4/5/2005 14688 4/5/2005 14689 4/5/2005 14690 4/5/2005 14691 4/5/2005 14692 4/5/2005 14693 4/5/2005 14694 4/5/2005 14695 4/5/2005 14696 4/5/2005 14697 4/5/2005 14698 4/5/2005 14699 4/5/2005 14700 4/5/2005 14701 4/5/2005 14702 4/5/2005 14703 Ancom Communications Aspen Mills Centennial Firefighter's Relief Assn. Centennial Utilities CenterPoint Energy City of Lino Lakes Connexus Energy Emergency Apparatus Maintenance Fire Findings Hugo Feed Mill & Elevator McLeod USA Milo Bennett Nat'l Imprint/Franklin Products National Camera Exchange & Video Nextel North Suburban Mutual Aid Association Postmaster Qwest Red Rooster Auto Stores Sentry Systems Verizon Wireless Michael Mooney Total 19- 1 of 1 ACCOUNT 42130 - Equipment Expense 42120 - Uniform Expense 43010 - Relief Association 42251 - Station 1 - Gas 42253 - Station 2 - Gas 43030 - Common Area Charge 42252 - Station 1 - Electric 42000 - Vehicle Maintenance 42210 - Subscriptions 42230 - Cleaning Supplies 42240 - Telephone 42220 - Travel, Conf., School 42190 - Fire Prevention Supplies 42130 - Equipment Expense 42240 - Telephone 42200 - Dues and Memberships 42180 - Office Supplies 42240 - Telephone 42130 - Equipment Expense 42110 - Other Maintenance 42240 - Telephone 42110 - Other Maintenance AMOUNT 336.00 86.70 6,995.00 553.32 1,102.15 4,980.00 350.44 7,411.98 75.00 74.68 358.91 369.18 138.31 324.76 142.20 150.00 111.00 93.88 48.50 65.34 62.92 29.69 23,859.96 AGENDA ITEM 6 A STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: April 11, 2005 TOPIC: Resolution 05 -51: Authorizing Preparation of Alternative Urban Areawide Review (AUAR) VOTE REQUIRED: 3/5 BACKGROUND In October 2004, the City Council approved a contract for professional services for determining a preferred development scenario and preparing an Alternative Urban Areawide Review (AUAR). The study area includes 4600 acres of the eastern portion of Lino Lakes. The process has included extensive research and an advisory panel of study area stakeholders. This advisory panel met eight times to learn about and discuss background information and to assist in the creation of development scenarios. The process also included five meetings with a group of local, state, and federal agencies for input on the background research. As the process evolved, three development scenarios emerged, no single one of which is preferred over the others. Resolution 05 -51 authorizes the preparation of the draft AUAR document. The development scenarios will be analyzed for potential environmental impacts. A mitigation plan will be created to address the environmental impacts. Once it is prepared, the draft AUAR will be brought to the Environmental Board and the advisory panel for discussion and revisions. It then will be brought to the City Council for discussion and revisions. The City Council will authorize the distribution of the draft for public comment. This will begin a 30 -day public comment period. Information Requested at March 29th Special Work Session The City Council discussed project at a special work session on March 29 devoted exclusively to the AUAR. Council members requested additional information or clarifications, as discussed below. Greenways Map of Comprehensive Plan: The comprehensive plan includes a map of conceptual greenways (Exhibit 1). Greenways are corridors of protected open space managed for conservation and recreational purposes. The greenways on the map are conceptual and are to be further defined through environmental inventory and development review process. The City has conducted several environmental inventories in recent years. The parks and open space plan, adopted in 2004, lays out natural environment protection, conservation, and enhancement areas. These areas include the conceptual greenways and add even more areas for conservation attention. Background Resolution 05 -51 Authorizing AUAR Preparation page 2 research for the AUAR went into further detail and produced a conservation development framework (Exhibit 2) that is yet more extensive than the parks and open space map. The mitigation plan for the AUAR will include greenway protection measures. Mailing List for Comments: The state rules governing environmental review requires that the Environmental Quality Board maintain a mailing list. Environmental documents must be sent to the agencies on the list for comments. The rules require that an AUAR be sent to agencies on the EAW list (Exhibit 3). Prohibition On City Approvals of New Projects: Once the AUAR is ordered, the City can not give final approvals to any project that would require an environmental review until the AUAR process is completed. This is governed by state rules (Exhibit 4). Copy of Presentation At Special Work Session: Prints of the slide presentation from the special work session on March 29 comprise Exhibit 5. Description and Comparison of Development Scenarios: Our consultants described the development scenarios at the work session, but it is important to understand them. The maps in Exhibit 6 break down the development scenarios into subareas to help compare the three scenarios. John Shardlow of DSU, our primary consultant on the project, is present at the meeting to answer additional questions. Exhibits Resolution 05 -51 includes Exhibits A, B, C and D. These are the study boundary map and the three development scenarios (which were in the packet for the special work session.) Note that these exhibits are different from Exhibits 1 -6, referred to above. OPTIONS 1. Approve Resolution 05 -51 authorizing the preparation of the AUAR. 2. Return to staff with direction. RECOMMENDATION Option 1 CITY OF LINO LAKES RESOLUTION NO. 05-51 A RESOLUTION ORDERING PREPARATION OF AN ALTERNATIVE URBAN AREAWIDE REVIEW OF THE NORTHEAST I -35E CORRIDOR AREA WHEREAS, the northeast portion of the City of Lino includes identified growth areas, existing rural land uses, existing commercial uses, the Rice Creek Chain of Lakes Regional Park Reserve, and the I -35 E, I -35 W, and County Road 14 transportation corridors; and WHEREAS, the development of the area likely will require environmental review for numerous development projects in accordance with the Minnesota Environmental Review Program; and, WHEREAS, the Minnesota Environmental Review Program rules provide for an Alternative Urban Areawide Review (AUAR); and, WHEREAS, the City of Lino Lakes is the Responsible Governmental Unit (RGU); and, WHEREAS, the AUAR process gives the City the opportunity to assess the impact of potential development on the area's natural resources prior to receiving and considering individual development proposals for approval; and WHEREAS, an Advisory Panel consisting of property owners within the study area and representatives from the Planning & Zoning Board, Environmental Board, and Economic Development Advisory Committee, have reviewed background studies and development scenario alternatives and the City Council has received input from this group; and WHEREAS, a group of representatives of numerous local, state, and federal agencies have reviewed background studies and development scenario alternatives; and WHEREAS, the AUAR study area includes approximately 4600 acres and is depicted on the attached "AUAR Boundary Map" (Exhibit A); and WHEREAS, the anticipated nature and intensity of development to be analyzed is represented by three development scenarios: 1. A scenario consistent with the comprehensive plan adopted in 2002 (Exhibit B) 2. A scenario representing known development plans and a commercial /industrial emphasis (Exhibit C) 3. A scenario representing a residential emphasis (Exhibit D) NOW, THEREFORE, BE IT RESOLVED that, an AUAR shall be prepared pursuant to Minnesota Rules 4410.3610 Subp.3, to meet all applicable requirements set forth in Minnesota Statutes Chapter 116D and Minnesota Rules Chapter 4410. Passed by the Lino Lakes City Council this day of 2005. John J. Bergeson, Mayor ATTEST: Ann Blair, City Clerk Resolution 05 -51, page 2 • Columbus Twp. George Watch Lake 21 a Centerville Lake AUAR Boundary Map I-35E Condor AUAR Jno lakes, Minnesota Centerville r51 _ MWt&MOM 61.101 - 14 Hugo EXHIBIT A s ins 11 ■.■ • 4,, I T.A acrect 7. *444..# 406. Swart) One. Coq ol Laie Crew t Plan 4, Ad i.shot Sheroose,,ta Urns $44104 UM, "...*MONMOM.P. /1110 alb MP 4051110,0,10. MINIM OM .IMPs" ft... C. ,MMOr1.010.. 0 ONIMMIR 4104 =Wm= abol Land No Comonnoinl Imummin Obon• Nob* 0.111•Mr LsIn and Pia Cm& Caw 111■1•P .111.0111.11no .11.1..141 %MANN kw IWO EXHIBIT B • • • Fcn I &slam Tan Known Ptarw and Conormerc tat and In.:Juan* Emphass u‘44 Mran000taa a..a 4.11441 rataaa, She es/ ssser, ete /ss sossesow SOW , 1.01, Pss, o.no /Se An* ...AY 1011 .1* III Se /Moms PS. 0 "WO .0111 1 0441114400.1%1111.10•11111 1,...11.14 isesaft 1 f~oillo Wow 4041111p. temeigmesee TS MI for us • ., op *Oa ,11.....14.011... Mrsomos. Se Ile AMA .le 41 I. .......... *Ssii *Pe rt 41 4001.01111 Nfti.11111,110 .1.I. Ara S. Sm. ISO w94/ /Si New *on ors• te.s. Ii.r. , 0401.... St. or NO vapor *1. .p.op EXHIBIT C • • `acerserga Three Rr;r mv Ernpriass CAI N Loa L., Mrrrwxra to.aaiaa t.,0 Ous 0.11 7.1Ir .1111111911111041, 0 r.1/r M WIN UMW= NMI Commis. MEMO r.M...0Prw1 lbw Co. 41..1111.r awl Clem IN= ..rr01A tea .ttr. M. MIN rr EXHIBIT D • • EXHIBIT 1: PROPOSED LAND USE WITH GREENWAYS map from comprehensive plan EXHIBIT 2: Conservation Design Framework map EXHIBIT 3: EAW Distribution List (agency mailing list) EXHIBIT 4: Minnesota Rules excerpts, 4410.3600 and 4410.3100 EXHIBIT 5: Slide presentation from March 29 special work session EXHIBIT 6: Development scenario comparisons • • • EXHIBIT 1 LAND USE PLAN PROPOSED LAND USE WITH GREENWAYS Legend Low Density, Unsewered Residential Industrial Low Density, Sewered Residential - Public/Semi- Public Medium Density Residential - Manuactured Home Park High Density Residential Performance Land Use Area - Commercial Rural Land Use - Mixed Use - Private Airfield 05 1 2 'Greenway Corridors are conceptual and will be further defined through the Environmental Inventory and Development Review Processs. Mlles 1 Growth Area 1998 -2010 Growth Staging 2 Growth Area 2010 -2020 E MUSA Greenways Lakes 0 This map is /or planning purposes only August 20. 2002 COMPREHENSIVE PLAN UPDATE LINO LAKES 77 DEVELOPMENT FRAMEWORK EXHIBIT 2 • Conservation Design Framework City of Lino Lakes, Minnesota 1.35E Corridor AUAR Study -- - cn �,1v 1100, 0.0.0 1,0,0000-0 r i 00,10,01t IX, 0 10,0100 oe, 00004000 ,00 0000r 0,0e 01004000•0000.5 ert 0S0,4, Sox. 00.04: 4094,101,14,11,0 /0400010,2, 011,010, Minnesota Environmental Quality Board Environmental Review Program EAW Distribution List March 2005 EXHIBIT 3 Note: Approximately 25 copies are needed for distribution. For further information about this list, contact the EQB at 651- 296 -8253 (metro) or 1- 800 - 657 -3794 (nonmetro). State Agencies Libraries Department of Agriculture (1 copy) Becky Balk 90 W. Plato Blvd. St. Paul, MN 55107 Department of Commerce (1 copy) Marya White 85 Seventh Place East Suite 500 St. Paul, MN 55101 Environmental Quality Board (1 copy) Environmental Review Program 300 Centennial Office Building 658 Cedar St. St. Paul, MN 55155 Department of Health (1 copy) Environmental Health Division Policy, Planning & Analysis Unit 121 E. Seventh Place, Suite 230 St. Paul, MN 55101 Historical Society (1 copy) State Historic Preservation Office 345 Kellogg Blvd. W., Level A St. Paul, MN 55102 Department of Natural Resources (3 copies) Thomas W. Balcom Environmental Review Unit 500 Lafayette Road St. Paul, MN 55155 -4010 Pollution Control Agency (3 copies) Beth Lockwood, Supervisor Env Review Unit/Majors/Rem Division 520 Lafayette Rd. St. Paul, MN 55155 Department of Transportation (3 copies) Gerald Larson Mn/DOT Environmental Services 395 John Ireland Blvd, MS620, St. Paul, MN 55155 Board of Water and Soil Resources (1 copy) Jim Haertel 520 Lafayette Rd. St. Paul, MN 55155 Legislative Reference Library (1 copy) Carol Blackburn 645 State Office Building 100 Rev. Dr. Martin Luther King, Jr. Blvd. St. Paul, MN 55155 Technology and Science (2 copies) Minneapolis Public Library 250 Marquette Avenue Minneapolis, MN 55401 Federal U.S. Army Corp of Engineers (I copies) Tamara Cameron Regulatory Functions Branch Army Corps of Engineers Center 190 Fifth St. E. St. Paul, MN 55101 -1638 U.S. Environmental Protection Agency (1 copy) Kenneth Westlake Environmental Planning And Evaluation Unit 77 W. Jackson Blvd., Mailstop B -19J Chicago, IL 60604 -3590 U.S. Fish and Wildlife Service (1 copy) Twin Cities Field Office E.S. 4101 E. 80th St. Bloomington, MN 55425 -1665 Regional Metropolitan Council (NOTE: 5 copies IF the project is in the seven county metro area) Review Coordinator Planning and Technical Assistance Unit 230 E. Fifth St. St. Paul, MN 55101 -1626 Other National Park Service (1 copy) Stewardship Team Manager 111 East Kellogg Blvd., Suite 105 St. Paul, MN 55101 -1288 (If project is located within, or could have a direct impact upon, the Mississippi River Critical Area/Mississippi National River and Recreation Area. This is the 72 -mile stretch of river from the mouth of the Crow River at Dayton/Ramsey to the Goodhue County border.) • • • Also distribute copies to: • Project proposer • Local unit of government corresponding to project jurisdiction, such as the county planning and zoning office, township, watershed district, soil and water conservation districts, water management organizations • Regional Development Commission, where applicable (see attached lists and map) • Regional Development Library for the region in which the project site falls (see attached lists and maps) • Representatives of petitioners if the review was initiated by a citizens petition • Any other person who has submitted a written request for notification Press Release A press release must be provided to at least one newspaper of general circulation in the project area within five working days of EAW distribution. The release must include the name, location and a brief description of the project; location(s) where the EAW can be reviewed; the comment period deadline (call the EQB if unknown); and to whom comments should be submitted. State Agencies Draft Environmental Impact Statement Distribution List Board of Water and Soil Resources (1 copy) Jim Haertel 520 Lafayette Rd. St. Paul, MN 55155 Department of Agriculture (1 copy) Becky Balk 90 W. Plato Blvd. St. Paul, MN 55107 Department of Commerce (1 copy) Marya White 85 Seventh Place E. Suite 500 St. Paul, MN 55101 Environmental Quality Board (1 copy) Environmental Review Program 300 Centennial Building 658 Cedar Street St. Paul, MN 55155 Department of Health (1 copy) Environmental Health Division Policy, Planning & Analysis Unit 121 E. Seventh Place, Suite 230 St. Paul, MN 55101 Department of Natural Resources (3 copies) Thomas W. Balcom Office of Planning 500 Lafayette Road, Box 10 St. Paul, MN 55155 Pollution Control Agency (3 copies) Beth Lockwood, Supervisors Environmental Review Unit 520 Lafayette Road St. Paul, MN 55155 Department of Transportation (3 copies) Gerald Larson Mn/DOT Environmental Services 395 John Ireland Blvd., MS620 St. Paul, MN 55155 Libraries Legislative Reference Library (1 copy) Carol Blackburn 645 State Office Building 100 Rev. Dr. Martin Luther King, Jr. Blvd. St. Paul, MN 55155 Technology and Science (2 copies) Minneapolis Public Library 250 Marquette Avenue Minneapolis, MN 55401 Federal U.S. Army Corp of Engineers (1 copies) Tamara Cameron Regulatory Functions Branch Army Corps of Engineers Center 190 Fifth St. E. St. Paul, MN 55101 -1638 Regional Metropolitan Council (Send 5 copies IF the project is in the seven county metro area) Review Coordinator Planning and Technical Assistance Unit Metropolitan Council 230 E. Fifth St. St. Paul, MN 55101 (See next page for one more organization to mail EIS.) • Subp. 4. Variance. Construction may begin on a project if the proposer applies for and is granted a variance from subparts 1 and 2. A variance for certain governmental approvals to be granted prior to completion of the environmental review process may also be requested. A variance may be requested at any time after the commencement of the 30 -day review period following the filing of an EAW. The proposer shall submit an application for a variance to the EQB together with: A. a detailed explanation of the construction proposed to be undertaken or the governmental approvals to be granted; B. the anticipated environmental effects of undertaking the proposed construction or granting the governmental approvals; C. the reversibility of the anticipated environmental effects; D. the reasons necessitating the variance; and E. a statement describing how approval would affect subsequent approvals needed for the project and how approval would affect the purpose of environmental review. Subp. 5. Variance applications. The EQB chair shall publish a notice of the variance application in the EQB Monitor within 15 days after receipt of the application. The EQB chair shall issue a press release to at least one newspaper of general circulation in the area where the project is proposed. The notice and press release shall summarize the reasons given for the variance application and specify that comments on whether a variance should be granted must be submitted to the EQB within 20 days after the date of publication in the EQB Monitor. Subp. 6. Granting variance. At its first meeting more than ten days after the comment period expires, the EQB shall grant or deny the variance. A variance shall be granted if: A. the RGU consents to a variance; B. on the basis of the variance application and the comments, construction is necessary in order to avoid excessive and unusual economic hardship, or avoid a serious threat to public health or safety. Unusual economic hardship is hardship caused by unique conditions and circumstances which are peculiar to the project and are not characteristic of other similar projects or general economic conditions of the area or state. 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Scenario 3 ! 01 w o r - '- � C7 CL 0 o 1 o: cp o -0 - CD cn C Cn 3J m> (/) CD E ' (1) su 0 o N cn .1.1.1 1. 1. 1 . 1. 1 1M1 1 , . 1 . l , . , , , . , . , . , . , , . , . . l . , . 1 I . , IMIMIMIMIMIMi ioaawwoo ,8 sueld MOU) :Z OIHVN]OS 90 sisegdW] lelaisnpu n rn z O siseudw leiluapise O D o CD CD N O oo r 5 0 r 0 m 0 a) nD aD 0 co 0 0 (Ti). v 0) n� 0) OD 0 v c0 0) O 0 • TOTAL IRight-of-Way Other Water and Open Space (Regional Park /Peltier Lake and Rice Creek Church !Industrial (Commercial O !Medium -High Density Residential 0 ILow- Medium Density Residential D D !Rural Land Use ILand Uses in Sub Area 3 w CO CO 214 w v 'Scenario 1 343 CO -I CD CO CO 4=, cn Co —A I Scenario 2 3431 CO CD CO wcn -1:=.. Ins 1 I Scenario 3 I W O r mr , 0 O o — r cDD o- ED O CCDD to -s 0 . � ° w • • C!) 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II 71i 'A .l .�1. ■ its! se'■tZr tTrl -ir1O &V111 /1V1 Elmcrest Avenue .,.:.,.:.:.,..:.,.. ,.,.:.:.,.:.:.,..:.,_ SCENARIO 2: Know Plans & Commercial & Industrial Emphasis slseudw] 1ei1Uapls0H :E OI2AVNIOS o> CO cnO N O ✓ cu C ,C7 v CD CD c 0 v cu v v a C/) c Cr cn0) cD v 6 Q • TOTAL Right -of -Way Other Water and Open Space Regional Park /Peltier Lake and Rice Creek IChurch Industrial Commercial IHDR Medium -High Density Residential IMDR ILow-Medium Density Residential ILDSR ILDUR Rural Land Use Land Uses in Sub Area 5 558 N co 0 218 .A Scenario 1 01 (31 —, N co O N O 14 Scenario 2 558 O N W O — N O O 4 Scenario 3 r-F- 1 W 0 rnr 0 5 0 0 ci� o — cD D � 3D 5. (i) CD E o CD Cn cr D cla CD =� -as 0 , 111 1.1'.I I.I.I.I.I 11 11 1106- 1 1 3... ♦ • • •' • • • NO III I #I.I.I.I.I.I.I.I.1.1.1.1.1.1. 1.1.1.1. 1.1 a1" City of Lino Lakes Comprehensive Plan SCENARIO 2: Know Plans & Commercial & Industrial Emphasis siseudw leituapisoH :C OI21VN3OS o> • - -. . O O N O CO r 0 ✓ sv 0 m 0 Z77 3 0 v) 0 0 0 0 3 0 0 Cr 0 0 0 0 • TOTAL Right -of -Way Other Water and Open Space Regional Park /Peltier Lake and Rice Creek Church Industrial Commercial IHDR Medium -High Density Residential MDR ILow-Medium Density Residential ILDSR ILDUR Rural Land Use Land Uses in Sub Area 6 128 N) _, N -P Scenario 1 CO N) --.1 v CO Scenario 2 CO N --.1 --.1 OD 03 Scenario 3 0 i • AGENDA ITEM 6B STAFF ORIGNINATOR: Marty Asleson MEETING DATE: April 11, 2005 TOPIC: Consideration of Resolution 05 -56 Supporting Convenient, Responsible, Free Disposal Options For Electronics VOTE REQUIRED: Simple majority BACKGROUND A landfill ban of cathode ray tubes (CRTs) will go into effect on July 1, 2005. The CRT ban includes all computer monitors and TVs. This will result in problems and additional costs for all involved in waste disposal. The Solid Waste Management Coordinating Board ( SWMCB) is comprised of 6 metropolitan counties including Anoka County and is very involved in the legislative process. The SWMCB supports legislation regarding the management of electronic waste that incorporates shared responsibility among manufacturers, retailers, and generators; reliable and convenient recycling options; responsible recycling of CRTs; a mechanism to address the backlog of CRTs; and a preference for cost internalization or advance recycling fees over end -of -life fees and without relying on local government. On behalf of Anoka County Cities, County Commissioner Jim Kordiak requests the Cities of Anoka County consider adopting a resolution on this issue supporting the SWMCB legislative efforts. The resolution would support convenient, responsible, free disposal options for our residents. The Environmental Board reviewed this issue at their March 30, 2005 meeting and recommended the City consider this resolution. RECOMMENDATION Staff is recommending the support of Resolution 05 -56 Supporting Convenient, Responsible, Free Disposal Options for Electronics. ATTACHMENTS 1. Letter to the Mayors, Anoka County Commissioner Jim Kordiak Solid Waste Management Coordinating Board 2005 Legislative Package • • City of Lino Lakes Resolution No. 05 -56 Supporting Legislation Request — Convenient, Responsible, Free Disposal Options For Electronics WHEREAS: technological advances in the areas of computers and televisions have created an inadvertent environmental problem when electronics need to be disposed; and WHEREAS: this waste stream, called E- waste, includes old TVs and computer monitors that have picture tubes or cathode ray tubes containing 2 to 8 pounds of lead per tube; and WHEREAS: these items contribute to lead in our water, air and soil when disposed with other mixed wastes, and WHEREAS: the City of Lino Lakes supports efforts to ensure a long -term and sustainable system to ensure the proper management of old TVs and computers without reliance on government only solutions. NOW THEREFORE BE IT RESOLVED: That the City of Lino Lakes supports the Solid Waste Management Board's legislative initiative to create a viable solution for electronic waste before legislative prohibition on placement of products with cathode ray tubes (televisions and computer monitors) becomes effective on July 1, 2005; and BE IT FURTHER RESOLVED: that legislation to solve this problem should include provisions to require manufacturer responsibility, reliable and convenient collection options, responsible recycling of CRTs, a mechanism to address the backlog of CRTs, and a funding mechanism that does not require substantial end -of -life fees. Approved this l lth Day of April, 2005. Mayor City Clerk COUNTY OF AOKA- �' OFFICE OF COUNTY BOARD OF COMMISSIONERS GOVERNM'NT CENTER 2100 3RD AVENUE • ANOKA, MINNESOTA 55303 -2265 (763) 323 -5700 March 9, 2005 JIM A. KORDIAK County Commissioner District 04 The Honorable John J. Bergeson Mayor, .City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 Dear Mayor Bergeson: This year there will be much legislative activity about providing free disposal of electronic products for all residents. The landfill ban of CRTs will go into effect on July 1, 2005, without providing any outlet for proper disposal. This will result in problems and additional costs for all involved in waste disposal. The Solid Waste Management Coordinating Board (SWMCB), comprised of six of the metropolitan counties, is very involved in this legislative process. An expression of your support for convenient, responsible, free disposal options for electronics for your residents would be appreciated. Please consider adopting a resolution on this issue, and forward a copy of the resolution to me. I have enclosed a statement of the SWMCB position on this subject and a sample resolution. Your help and support of this initiative are important and appreciated. JK: de Enclosures caw: Marty Asleson, Recycling Coordinator FAX: 763 -323 -5682 Sincerely, r 1 Jim Kordiak Anoka County Commissioner Affirmative Action '_ 4 2 :Opportunity Employer TDD/TTY: 763 - 323 -5289 • 4110-1(01e6{— Approved September 22, 2004 SWMCB 2005 Legislative Package Introduction In 2003, the SWMCB worked with the OEA to develop the Metropolitan Solid Waste Management Polic Plan: 2003 -2023. (November, 2003) The Plan sets forth the vision, goals and policies that will guide the development of the regional solid waste management system over the next 20 years. The goals and policies also provide the framework for the development of state and regional policy related to solid waste. In addition, the SWMCB is presently completing work on the 2005 - 2024 Master Plan which will include outcomes and strategies that also guide county and regional activities. Implementation of the Policy Plan and Regional Master Plan will require assistance from the Minnesota Legislature, in maintaining the State commitment to environmental protection, resource conservation, funding and the hierarchy of preferred solid waste management practices. 2005 Legislative Proposals 1. Waste to Energy Renewable Energy Clarification The SWMCB supports an amendment to MN Stat 216E3.1691 to clarify • that biomass energy technology, using a renewable ener should represent 1% of all retail electrical sales. gy source, In the 2003 legislative session, waste to energy was defined as renewable and a biomass energy technology. The authors' intent was to require that 1% of all retail sales be generated from biomass technologies but the PUC determined that the legislative language adopted in 2003 must be read to require utilities to provide 1/10 of 1% renewable energy from biomass. This proposal would correct this interpretation by clarifying the language to reflect the original intent of the various authors during the 2003 session. 2. Electronic Waste The SWMCB supports legislation regarding management of electronic waste that incorporates shared responsibility among manufacturers, retailers, and generators; reliable and convenient recycling options; responsible recycling of CRTs; a mechanism to address the backlog of CRTs; and a preference for cost internalization or advance recycling fees over end -of -life fees and without relying on local government. It is critical to put these policies in place on a statewide basis before the prohibition on placement of CRTs in the MSW stream commences on July 1, 2005. 411 3. Processing Payment The SWMCB supports extending the Processing Payment at the original level of s5 per ton and amending the processing payment program to • • Approved September 22, 2004 allow counties broader discretion in the use of funds to support processing activities. Specifically, counties should be authorized to use state processing payments for subsidies for processing of waste, development of new processing activities such as organics collection and processing, and debt service on processing facilities. 4. State Grants The SWMCB supports increasing State investments in programs relating • to public education, reduction, reuse, recycling and processing, including SCORE, LRDG and the processing credit. 5. Pesticide Program The SWMCB supports clarification of how funds collected from pesticide registration fees under MN Stat. 188.26 and deposited in the Pesticide Regulatory Account should be allocated. Fees are charged to manufacturers selling pesticides in the State, and part of the responsibility of the State Department of Agriculture is to develop best management practices for environmentally responsible pesticide disposal. Specifically, the SWMCB supports allocating a portion of funds from the Pesticide Regulatory Account to reimburse costs of county - sponsored collections of household pesticides. In addition, the SWMCB supports clarification under Chapter 18B that the Minnesota Department of Agriculture is responsible for providing comprehensive and accessible disposal options to commercial generators of pesticides. 6. Continued Support for Sustainable Building Design The SWMCB opposes the repeal of MN Stat. 16B.325, Sustainable Building Guidelines. STAFF ORIGINATOR: C. C. MEETING DATE: TOPIC: BACKGROUND AGENDA ITEM 6 C Jeff Smyser April 11, 2005 Resolution 05 -47 Registered Land Survey North Road/Lake Drive Area City of Circle Pines The City of Circle Pines wishes to acquire a small area of land on the south side of North Road. This area is covered by county road easement for Lake Drive. Over time, the easements in this area became complex. Circle Pines wants to clear up the easement definitions to facilitate their property acquisition efforts. A registered land survey (RLS) is a common means of accomplishing this. The RLS is similar to a plat and must be processed like a plat. The entire area proposed for the RLS is within Lino Lakes, so Lino Lakes must review it. We are facing a 120 -day deadline for a subdivision. The deadline is April 14, so City Council must act at the April 11 meeting unless the City of Circle Pines agrees to an extension. ANALYSIS Comprehensive Plan, Land Use, Zoning The table below identifies the existing land use, guided land use, and zoning for the area. Location Existing Land Use Guided Land Use Existing Zoning Site residential and road right of way Low Density Unsewered Residential LI Light Industrial North residential Low Density Unsewered Residential R -1 Single Family Residential South City of Circle Pines City of Circle Pines City of Circle Pines East residential Low Density Unsewered Residential R -1 Single Family Residential West residential and road right of way Low Density Unsewered Residential R -1 Single Family Residential The RLS would not create any new developable lots. • • Registered Land Survey North Road Area page 2 Discussion In the past, Lake Drive (CSAH 23) was State Trunk Highway 8. It since has been turned over to Anoka County. Apparently, the legal descriptions of the easement(s) for the road are complicated and confusing. The RLS is intended to clarify where the easements are in order to facilitate the purchase of some property by Circle Pines. As long as this was occurring, we took the opportunity to clarify some additional issues. The subject area is within the Lexington Park Lake View plat, which was platted in 1946. The roads were dedicated to the public, as is typical when new developments are platted. The existing lots and the proposed tracts correspond as follows: Lexington Park Lake View (platted 1946) proposed Registered Land Survey Tract Lot 11, Block 8 Tracts C & D Lot 12, Block 8 Tract A & B Lot 9, Block 10 Tracts I & K Lot 10, Block 10 Tract L Lot 11, Block 10 Tract M Lot 12, Block 10 Tract N Lot 13, Block 10 Tract 0 Lot 14, Block 10 Tract P portion of Sunrise Drive Tract J portion of Sunrise Drive and portion North Road Tract G portions of North Road Tracts E and F portion of North Road Tract H The proposed RLS does not move any property boundaries. However, it would create some additional lots within the boundaries of existing lots in order to define the road easement areas. That is, a parcel that now is one lot with the road easement over part of it would become two lots (tracts): one within the easement and one outside the easement. The ownership of the property would not change with the RLS. It would make it easier to vacate the easement or sell property covered by the easement because the legal description of the easement area would become "Tract _x_ of RLS No. ". Ownership: We asked Circle Pines to resolve ownership of the underlying parcels. We need to ensure that the needs and rights of Lino Lakes property owners are adequately considered. The table below lists ownership information. Sunrise Drive and North Road were dedicated as part of the 1946 plat. Lino Lakes didn't exist when the plat was -45B- Registered Land Survey North Road Area page 3 recorded. Whether the City or County actually own the roads would need to be determined, but this is not a vital point for now. Lexington Park Lake View (platted 1946) proposed Registered Land Survey Tract ownership Lot 11, Block 8 Tracts C & D Clingingsmith & Fletcher Lot 12, Block 8 Tract A & B City of Lino Lakes Lot 9, Block 10 Tracts I & K City of Lino Lakes Lot 10, Block 10 Tract L Clingingsmith & Fletcher Lot 11, Block 10 Tract M Clingingsmith & Fletcher Lot 12, Block 10 Tract N Clingingsmith & Fletcher Lot 13, Block 10 Tract 0 Clingingsmith & Fletcher Lot 14, Block 10 Tract P Clingingsmith & Fletcher portion of Sunrise Drive Tract J Anoka County or Lino Lakes portion of Sunrise Drive and portion of North Road Tract F & G Anoka County or Lino Lakes portion of North Road Tract E Anoka County portion of North Road Tract H Anoka County Land Owners' Agreement on the RLS: On a plat, the signatures of all with interest in the property must sign the plat or sign a separate consent to plat document. The RLS does not have a signature page and the RLS is being proposed by the City of Circle Pines, which is not the property owner of the land in question. The situation is different from a typical plat. Our city attorney discussed this question with the Anoka County Examiner of Titles. The answer is rather surprising. There is no requirement in state statute that a property owner must sign off on or even agree to a registered land survey on his property. While the proposed RLS seems to be splitting property into separate tracts, it is in effect only defining an existing easement by making it a separate tract of land. According to the City Attorney's discussion with the Examiner of Titles, this does not require property owner agreement. Nonetheless, in the interest of fairness, we wanted the existing owners to be aware of the proposed RLS. Staff met with Jan Clingingsmith and Darwin Fletcher to ensure they understood the RLS. Northern Right of Way Line: Several of the attached drawings show the northern road easement /right of way line running in a southwest to northeast diagonal across the westernmost area of the RLS. You can see that the line appears in different places on different drawings. We asked Circle Pines to have this clarified. The RLS was revised to include this right of way boundary as the line separating Tracts A and B. • • • Registered Land Survey North Road Area page 4 The Anoka County Surveyor's office has determined that the line on the proposed RLS is the accurate edge of the road easement and the line on the half - section is inaccurate. PLANNING & ZONING BOARD The P & Z held a public hearing over its February and March meetings. The Board recommended approval. OPTIONS 1. Approve the proposed Registered Land Survey 2. Deny the proposed Registered Land Survey RECOMMENDATION Option 1 -45D- • CITY OF LINO LAKES RESOLUTION NO. 05 -47 RESOLUTION APPROVING A REGISTERED LAND SURVEY ON THE NORTH SIDE OF NORTH ROAD WHEREAS, the City has received an application from the City of Circle Pines for a Registered Land Survey (RLS); and WHEREAS, the RLS requires approval of the City of Lino Lakes City Council because the site is within the City of Lino Lakes; and WHEREAS, an RLS is to be reviewed and processed in the same manner as a plat without the need for separate preliminary plat and final plat; and WHEREAS, a public hearing was held before the Planning & Zoning Board on February 9 and March 9, 2005; NOW, THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes hereby approves the Registered Land Survey. BE IT FURTHER RESOLVED that, though the RLS does subdivide existing parcels into new tracts, Tracts D, E, F, G, H, I, J are not developable in and of themselves because of their sizes, and configurations, and locations. BE IT FURTHER RESOLVED that the City of Lino Lakes recognizes that most of the tracts in the RLS are encumbered by road easements that would have to be vacated to make them developable. BE IT FURTHER RESOLVED that this approval is based on the following plans and information: Registered Land Survey received March 3, 2005 Letter from James W. Keinath, Circle Pines City Administrator, March 1, 2005 Passed by the Lino Lakes City Council this day of 2005. ATTEST: John J. Bergeson, Mayor Ann Blair, City Clerk WILL D'WeFON5 JiCL0 LAKES Lola! o LL7`rr� MUM MEM mow owl VIM • °LE'XINO-TON WOMEN — © f'! ARK TR MEM MN. iM MOM LA'K'E� NM WPM WM MU NN _1•••■ = _VI,E.W = POINI— -- MUM MIMI IMAM MEM MEM MOM ME_ WIN II III T11111 1 0 8110 RICEILAK 12ND AOD SM0 i imi Era b rt I� .Lai1: NNr:,+- - y YLT .= I�N XC� � � � il• 1♦� z`�IIIUU�IuI : ©— • i1�'.a .iu unu1II : _- , 01..5 ��: aurnrn!. q�J�N� 111111—,',i: ° . Ma Z= 11 r -� :� s Mi 11-• a. Nl MJI N -L-A RC iealW ,.,..1111/ .... :v * IT/N 8)8:. ;4 rt1 WEN Z LEARNS CI.0 MEA % O:WS j *IA O/L S.U.RF'SIDE ADD E0 LRND�S'U N0�1.03 Rice Lake D- SURVEY -166 RESH, N SHORES O/L E E� Baldwin Lake E' 2ND Dl libis , r un g:a ; 4awil Outman- 1nmi mi M 1€(SAA N WET *• 8R4,&! 8 /44E�R�S '� 80 TN -�L N 14; 1 S0T UB CITY OF LINO LAKES REGISTERED LAND SURVEY NO. ANOKA COUNTY, MINNESOTA \ SECTION 19, TWP. 31, RGE. 22 LOCATION MAP NO SCALE ^ ^1 0. `` \'A 'A c3). /'' \ , ;l A <^9,, • �i'%j < t'.r L7 ij r Qi? I A: s• H,� S` I . \ 'SOOOO JOO 5 C / %i A \,..4. 0 s3 . p .I• (Ii. ',Va. 79 . s TRACT L. to 33 • ��o'L+ o S^ `^ 4103 ME (310.00 PLAT) °poj v "' t" <Q�`D 500'48'12 "E 309.92 MEAS. • o ° c �i,nty<4Y 283.45 J a0�. 5. s - *.C.-•‘9,,, , °t 0. S. \ 9i. \ O \ 1°a °r '. ° TRACT H ° A O (i O , tv` TRACT K �° S 00' 48' 12" 4-E ° A 223.25 87.22 En City of Lino Lakes County of Anoka Sec. 19, T. 31, R.22 (- 4 C SITE i 5 - -J 0 ."'...1.11111111C 0 50 100 200 GRAPHIC SCALE IN FEET (PLAT) = DENOTES PLAT DIMENSIONS PER THE PLAT OF LEXINGTON PARK LAKE VIEW •0 = DENOTES FOUND ANOKA COUNTY CAST IRON MONUMENT. • - DENOTES FOUND IRON MONUMENT. O = DENOTES 1/2 INCH BY 14 INCH IRON MONUMENT SET AND MARKED BY LICENSE NUMBER 19828. FOR THE PURPOSES OF THIS R.L.S. THE SOUTH UNE OF THE SOUTHWEST QUARTER OF SEC. 19, T. 31, R. 22, IS ASSUMED TO HAVE A BEARING OF S88•59'08"W. ** * P1ONidp * engineering it ** 4I•12 RAINVII• I.NOSCONC *A0411.3 164.43 SU R∎SE to ° w, . , ` ,' R SE m o DRIVE ;; e"TRACT J VN A=15'53 03" >R=240.00 a 157.66 0 • 66.54 • O - 5 00' 048', 12" E C' W , C7 22 125.83 \v 94.00 _NI O '34 i `''- 03 1—n to- 51M Jt`� m n v,'5, h"' op, In 3 , =01 '- , 'L �.\i I - 1 7 0 grayys r=W ' N Q 3 U /\ • i - el to < tmii o v mw yL a' z�¢ zcxiY N -J Q .°, o h ry_5 33 och 9 a' n z o a o < i '', o �o- h1" Inn c, 000 zoo. 'v ,2,' o ho oZ 119.47 125.86 i \� W'- • S00 °30'3 E ) 254.71 ,/ 0 2422 Enterprise Drive Mendota Heights. MN 55120 (561) 551 -1514 FAX 551 —P455 210 85th Avenue N.W. Coon Reside. MN 55433 (783) 7611880 FAX 753-110113 \ c4 W UNE OF LOT 11. f 1 BLOCK 8, LEXINGTON • N 1 PARK LAKE NEW rn S'LY EXTENSION OF LOT 11,_ %' "t •- BLOCK 8, LEXINGTON m PARK LAKE MEW 33 ,133 Co ,'I C3 c- C ti La IJ- oN CC] ' �s => C p _DI srt • a,Oi W7.7; In m- ') J z o 1 1 1 SW CORNER OF SEC. 19, 1 TWP. 31, RGE. 22 \\ (FOUND ANOKA CO. MON.)� -,•,� (n == to Y 0 0 hC 1!) L'_ h- 0 tL JJ -. LJ L < `-3 CC `) SHEET 2 OF 2 SHEETS -45G- REGISTERED LAND SURVEY NO. ice` V) ANOKA COUNTY, MINNESOTA 1 0 City of Lino Lakes County of Anoka Sec. 19, T. 31, R.22 I hereby certify that in accordance with the provisions of Chapter 508, Minnesota Statutes of 1949, as amended, I have surveyed the following described property situated in the County of Anoka, State of Minnesota: Lot Eleven (11). Block Eight (8), Lexington Park Lake Yew. Together with: Lot Twelve (12), Block Eight (8), Lexington Park Loke Yew. Together with: Lot nine (9). Block Ten (10), Lexington Park Lake View. Together with: Lots Ten (10) to Fourteen (14), inclusive. Block Ten (10), All in Lexington Park Loke View. Together with: All tht port of SUNRISE DRIVE as delineated and dedicated on said LEXINGTON PARK LAKE VIEW lying southerly of the eosterly extension of the north line of said Lot 12, Block B. Together with: All tht port of NORTH ROAD (F.K.A. LAKE DRIVE) os delineated and dedicated on said plot of LEXINGTON PARK LAKE NEW lying easterly of the southerly extension of the west line of said Lot 11, Block 8 and lying westerly of the southwesterly extension of the southeasterly line of said Lot 10, Block 10. I hereby certify that this Registered Land Survey is o correct delineation of said survey. Dated this day of 20 BY: John C. Larson. Professional Land Surveyor Minnesota License No. 19828 STATE OF MINNESOTA COUNTY OF The foregoing Surveyor's Certificate was acknowledged before me this day of 20 _, by John C. Larson. Minnesoto License No. 19828. CITY OF UNO WOES This Registered Land Survey won approved and accepted by the City Council of the City of Lino Lokes, Minnesota, at a regular meeting thereof held this day of 2004. Notary Public County, Minnesota My commission Expires By its Mayor By its Clerk ANOKA COUNTY SURVEYOR Checked and approved this day of 20_ 4* *PIONEER * engineering *is* Larry Hoiurn Anoka County Surveyor UPS .1.1176 • Mk DIGIKINS u„e nww• u OLK ..711¢n 2422 Enterprise Drive Mendoto Heights, MN 55120 (661) e81 -1914 FAXte01 -4480 210 85th Avenue N.W. Coon Rapids. MN 55433 (703) 703-1000 FAX 7/33-11.3 SHEET 1 OF 2 SHEETS -45H- • e •� O O O u ,L3 l° 3 v v• 0 Q ::4227/ 'wax '6 .Dasjo •u17*'S"Y7.1-'' IZSZ! $'S ZI £'221 pt5Z1 %1575 6PSZr 6= 571167168571 68521 6n OS 6a zf ti tri \ 4 )065T5 N P6571r61Z/ 1" V1 4 1 �1 s15SZ1 -'. tiSSIJ s2J rd3Z/ 1617! H w rs,a; ?RSZI Cn ti BPSZI 1722/ QSSLI SSSZI68'SZ1 61137.J 68521 6n OS N` at 0677-J N 06SZJ66'1-271P652r,►6TLJ 0) 1" V1 l9 6657/ t, CC) Oh #6321 t6SZri65Z/ Qa o f 66571 _ / 2 CA/ iC) M c� o O .dc 11 0 C4 4. t / \ \.f3 ∎ \ � cn 7-2 100 171.90 Zs r N si 7 �. 7 w ,d^. Oo n u N ■ 149.00 151.00 99 125.82 125.82 • N N 125.87 125.87 M3V'J) V1 n Cia Cr' w u I1 N 125.82 125.82 u 125.82 125.53 125.53 CO M CtZ n u N tO '1"' Q O 0" — NmZQ� wica M 125.88 • 125.88 0 m m 125.88 125.58 125.85 125.85 90.88 125.88 125.88 1 125.88 m � szt cv N N 125.85 125.88 125.58 125.89 125.139 N• rot z k CD 45J- cia I v t 1. 0`111 N 'CV4 • • :/ ,\ f, , �/ A -- .v.'' 1 -oo >\ 'Qs- L.cs N49; -°<. -')- .L_ -57, 0 �PG�.l \ c9 .ccLv''ck :P;\ 'p TRACT% 1%o TRACT \ '" 4 SUNRISE E TRACT �'y-\ % il% -57-. \ I A \ o ITRACT M 1- U 0 50 100 200 GRAPHIC SCALE IN FEET -45K- TRACT i NORTH ROAD w UN E OF LOT -45L- • • AGENDA ITEM 6.D.i STAFF ORIGINATOR: Paul Bengtson CC MEETING DATE: April 11, 2005 TOPIC: Resolution Number 05 -50 Final Plat West Shadow Ponds 2nd Addition ACTION REQUIRED: 3/5 vote BACKGROUND Richard Carlson and Associates has requested approval of a two lot single - family residential subdivision entitled West Shadow Ponds 2nd Addition. The subject property is located adjacent to the northwest comer of 62nd Street and West Shadow Lake Drive. The final plat conforms to the approved preliminary plat layout as approved by the City Council on October 11, 2004. The title commitment for the property and final plat has been forwarded to the City Attorney for review and are acceptable. All conditions of approval will be met with building permit review of the subdivision or through the development contract between the applicant and the city that is still being developed. The Planning and Zoning Board reviewed the application at the March 9, 2005 meeting and recommended approval. OPTIONS. 1. Approve the final plat for West Shadow Ponds 2 "d Addition 2. Return to staff with direction. RECOMMENDATION Option 1 ATTACHMENTS 1. City Engineer's memorandum dated February 10, 2005 2. Final Plat submitted January 21, 2005. • • CITY OF LINO LAKES RESOLUTION NO. 05 -50 RESOLUTION APPROVING THE FINAL PLAT FOR WEST SHADOW PONDS 2ND ADDITION WHEREAS, a request has been submitted to the City for the approval of a final plat, and WHEREAS, review and approvals of plats are governed by state statutes and City ordinances, and WHEREAS, the preliminary plat for West Shadow Ponds 2nd Addition was approved with Resolution 04 -95 by the City Council on October 1 lth, 2004 with conditions, and WHEREAS, the final plat for West Shadow Ponds 2nd complies with City requirements and the conditions of Resolution 04 -95 have been satisfied. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lino Lakes hereby approves the final plat for West Shadow Ponds 2nd Addition. Adopted by the Lino Lakes City Council this 1 lth day of April, 2005. ATTEST: Ann Blair, City Clerk John J. Bergeson, Mayor 16.5 (7• :1 40 ..„--• West line of the East half of the ' East half of the Southwest Ouorter jof the Northeast Quarter of Section 32 / 531, R22 / 189.10 1 7-.1 CO 0 — Tt' ?,. \! "? lu �� _■ 'O 1 IL. 229.08 I°i 1 40 ./N 3.955 e1.LJS�s ?i \bsb ^ // I %ss \S• ti\,'cy\ - �l \es • of I -- —�`j- 189.10 800'39'05' r_ 0 0 T 6 r- > SooZ j g Nvr m 0 m D z 0 (3 R> 10 0 0 '&14 Al r. o CN m CO u; o N 01 S 0.0 1N3Wf1NOW NO' l ONDOA S310N30 DENOTES AN ANOKA COUNTY MONUMENT n�x a • M CA "ci 0 C A 0 m t3 4c 0 XI C O • p.t in XI M tea l ea xi' N S y z v os 0 n m co w D -1 C in y mmC a A m ro p (r O nt oa �o O� vQ g av ' 1. 1�- 8 8 a 8 � 8 o 0 cb ti) c4. ci) 0 `ro ci) t\ 0 uor1rpp • • AGENDA ITEM 6Dii STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: April 11, 2005 TOPIC: Resolution No. 05 -52, Authorizing Execution of Development Agreement, West Shadow Ponds 2nd Addition Vote Required: Simple Majority BACKGROUND: The City Council approved the preliminary plat of West Shadow Ponds 2 "d Addition on October 4, 2004. West Shadow Ponds 2"d Addition consists of 2 units of residential development. In accordance with the Development Agreement approval and City policy, staff has prepared a Development Agreement for the West Shadow Ponds 2nd Addition Development. The agreement provides for the following: 1. Submittal by the developer of a Letter of Credit in the amount of $9,000.00 representing 35 percent of the City improvement costs to insure completion of the project in accordance with the approved plans. Since all the street and utility improvements are already installed, there isn't a Letter of Credit for development improvements. 2. Deposit of a cash escrow in the amount of $5,250.00 to reimburse the City for costs incurred by the City related to improvements of the site and developer improvements. Richard S. Carlson Development, LLC has reviewed the contract and is aware of the conditions set forth. OPTIONS: 1. Return to staff for further review. 2. Adopt Resolution Number 05 -52, Authorizing Execution of Development Agreement, West Shadow Ponds 2 "d Addition. 3. Not adopt Resolution Number 05 -52. RECOMMENDATION: Option No. 2 - Staff recommends that Resolution Number 05 -52 be adopted. • CITY OF LINO LAKES RESOLUTION NO. 05 -52 RESOLUTION AUTHORIZING EXECUTION OF DEVELOPMENT AGREEMENT, WEST SHADOW PONDS 2ND ADDITION. WHEREAS, the City Council approved the preliminary plat for the West Shadow Ponds 2nd Addition on October 4, 2004. WHEREAS, the City's subdivision ordinance and conditions of approval require the execution of a development contract, between the Developer and the City of Lino Lakes, prior to commencement of site construction activities to insure satisfactory completion of public improvements. NOW, THEREFORE, BE IT RESOLVED THAT the Lino Lakes City Council approves the Development Contract with Richard S. Carlson Development, LLC, for West Shadow Ponds 2 °d Addition and authorizes the Mayor and City Clerk to execute such agreement on behalf of the City. Adopted by the Lino Lakes City Council this 11th day of April, 2005. • Ann Blair, City Clerk • John J. Bergeson, Mayor • • • DEVELOPMENT CONTRACT West Shadow Ponds 2 "d Addition THIS AGREEMENT made this 11th day of April, 2005, is by and between the City of Lino Lakes, whose address is 600 Town Center Parkway, Lino Lakes, Minnesota, 55014, a municipal corporation organized under the laws of the State of Minnesota; hereinafter referred to as the "City ", and Richard S. Carlson Development. LLC whose address is 7671 Central Avenue NE. Fridley. Minnesota 55432 hereinafter referred to as the "Developer ". WHEREAS, the Developer has received preliminary plat approval from the City Council for a plat of land within the corporate limits of the City known as West Shadow Ponds 2nd Addition, hereinafter called "Subdivision ", said land is legally described to -wit The North 189.08 feet of the South 229.08 feet of the West 230.36 feet of the East 1/A of the East of the Southwest 1/4 of the Northeast 1/4 of Section 32, Township 31, Range 22, Anoka County, Minnesota. WHEREAS, the City has constructed and financed certain improvements to service the subdivision; and WHEREAS, the Developer is to be responsible for the installation and financing of certain private improvements within the subdivision; and WHEREAS, Minnesota Statute 429 provides a method for assessing the cost of City installed improvements to the benefited property. WHEREAS, the City Subdivision Ordinance and Minnesota Statute 462.358 authorize the City to enter into a performance contract secured by cash escrow or other security to guarantee completion and payment of such improvements following final approval and recording of final plat; and • • • herein, West Shadow Ponds 2nd Addition Development Contract 4 -11 -2005 NOW, THEREFORE, in consideration of the mutual promises of the parties made IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: that the I. DESIGNATION OF IMPROVEMENTS A. Improvements to be installed at the Developer's expense by the Developer as hereinafter provided are hereinafter referred to as "Developer Improvements ". B. Improvements to be installed by the City and financed by the Developer are hereinafter referred to as "City Improvements ". II. DEVELOPER IMPROVEMENTS A. The Developer's Engineer shall prepare, at the Developer's expense, a grading plan, street and utility plan, and a surface water management plan. The Developer shall secure a contractor to install these improvements; said contractor shall be approved by the City at its ABSOLUTE discretion. All Developer Improvements shall require City inspection and approval and, where appropriate, the approval of any other governmental agency having jurisdiction. The Developer will construct and install at Developer's expense the following improvements according to the following. terms and conditions: 1. Grading Plan 2 a) A final site grading plan, including certified wetland delineation, with maximum two -foot contours and cross sections as necessary was submitted and approved by the City prior to commencement of any site grading. Erosion Control Plan a) The Developer has submitted an erosion control plan, detailing all erosion control measures to be implemented during construction. Said plan was approved by the City prior to the commencement of site grading or construction. 3. Grading and Erosion Control Construction & Maintenance a) Prior to the commencement of site grading and erosion control, the Developer shall complete items II.A.1 and II.A.2 as listed above. b) All disturbed areas shall be seeded. page 2 -52- • West Shadow Ponds 2nd Addition Development Contract 4 -11 -2005 c) Protect streets from erosion deposits. This should include a combination of roadside silt fences, roadside sod strips, catch basin rock bale inlet protection, rock construction entrances, straw mulch, and/or street sweeping. 4. The Developer shall place iron monuments at all lot and block comers and at all other angle points on boundary lines. Iron monuments shall be placed after all street and lawn grading has been completed in order to preserve the lot markers for future property owners. Lot corner irons on the back property line shall be installed so that the top of the iron corresponds to the finished ground elevation in accordance with the approved grading plan - guard stakes shall be appropriately installed to mark these irons. 5. The Developer shall promptly clear dirt and debris, within public right -of- ways, and drainage and utility easements, resulting from construction by the Developer, its purchasers, builders and contractors within five (5) days after notification by the City. The Developer or its assigns shall be responsible for all necessary street and storm sewer maintenance including street sweeping, storm sewer cleaning, ditch cleaning and pond dredging, resulting from the accumulation of said dirt and debris, until all Certificates of Occupancy are issued. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If and when the streets become impassable, such streets shall be barricaded and closed. The Developer shall maintain a smooth, hard driving surface and adequate drainage on all temporary streets. 6. The Developer shall dedicate to the City, prior to approval of the final plat, at no cost to the City, all permanent or temporary easements necessary for the construction and installation of the Developer Improvements. All such easements required by the City shall be in writing, in recordable form, containing such terms and conditions as the City shall deteiiuine. 7. The Developer shall be responsible for securing all site grading and development approvals and permits from all appropriate Federal, State, Regional and Local jurisdictions prior to the commencement of site grading or construction and prior to the City awarding construction contracts for public utilities. 8. The Developer shall make provision that all gas, telephone, cable TV and electric utility designs be submitted to the City for review and approval prior to construction of the streets. Following review and approval by the City, the Developer shall insure that all installations comply with applicable City, County and State design standards and show proof of security arrangements with said utility companies. • • West Shadow Ponds 2nd Addition Development Contract 4 -11 -2005 9. Cost of Developer Improvements and description are as shown on Attachment A. 10. Construction of Developer's Improvements: a) The construction, installation, materials and equipment shall be in accordance with the plans and specifications approved by the City. b) All of the work shall be under and subject to the inspection and approval of the City and, where appropriate, any other governmental agency having jurisdiction. c) Prior to the acceptance of Developer Improvements by the City, the Developer shall obtain final plat approval and record the final plat, which will dedicate all permanent easements necessary for the construction and installation of the Developer and City Improvements as determined by the City. d) All construction debris and trash shall be properly disposed of at the Developer expense and in a timely manner as determined by the City. 11. Guarantee a) Faithful Performance of Construction Contracts and Letters of Credit (1) The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Developer Improvements and hereby guarantees the workmanship and materials for a period of one year following the City's final acceptance of the Developer's Improvements. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on one hundred fifty (150 %) percent of the total estimated cost of Developer's Improvements. An Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Lino Lakes and shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Contract and construction of all required improvements in accordance with the ordinances and specifications of the City. The City • West Shadow Ponds 2nd Addition Development Contract 4 -11 -2005 reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this contract. The Irrevocable Letter of Credit shall be automatically extended for additional periods of one year from present or future expiration dates unless thirty (30) days prior to such the City Clerk or Administrator is notified in writing by certified mail that the Letter of Credit will not be renewed. b) Reduction of Escrow Guarantee. (1) The Developer may request reduction of the Letter of Credit, or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. Prior to the final acceptance of the Developer Improvements the City shall require a Performance Bond or Cash Escrow to cover the one -year warranty provisions of the agreement. The amount shall be determined by the City Engineer. lll. CITY IMPROVEMENTS • A. No new City Improvements. ty IV. RECORDING AND RELEASE A. The Developer agrees that the terms of this Development Contract shall be a covenant on any and all property included in the Subdivision. The Developer agrees that the City shall have the right to record a copy of this Development Contract with the Anoka County Recorder to give notice to future purchasers and owners. This shall be recorded against the Subdivision described on Page 1 hereof. City shall provide to Developer upon payment of all the special assessments levied against a parcel, a release of such parcel from the tennis and conditions of this Development Contract subject to provisions contained in this contract. • V. REIMBURSEMENT OF COSTS A. The Developer agrees to establish a non- interest bearing escrow account with the City in an amount determined by the City Administrator or his designee for the payment of all costs incurred by the City related to the development of the Subdivision and the Developer Improvements including. but not limited to, the following (See Attachment B for breakdown of costs): 1. Plat Review Fee 2. Planner Review Fee page 5 -55- West Shadow Ponds 2nd Addition Development Contract 4 -11 -2005 3. Administration - 3% Construction Cost 4. Engineering a) Administration 5. Legal - Plat Review 6. Publications 7. Park Dedication Fee 8. Tree Preservation Policy 9. Boulevard Tree Planting 10. Street - Storm Sewer - Pond Maintenance 11. Sealcoating Fund 12. Aerial Photo Recovery Cost B. If the above escrow amounts are insufficient, the Developer shall make such additional deposits as required by the City. The City shall have a right to reimburse itself from the Escrow upon notice to the Developer, with suitable documentation supporting charge. VI. BUILDING PERMITS A. The Developer agrees that building permits may be issued upon approval of the Final Plat by the City Council at which time all required Financial Security shall be in place with the City. B. Each lot must comply with erosion control measures to prevent any material from leaving the lot. The City of Lino Lakes will not perform any requested inspections on the lot until it complies with the erosion control requirements. C. Each lot must have a City approved Certificate of Grading showing the as -built survey prior to an issuance of a Certificate of Occupancy. It shall be the responsibility of the Developer, its purchasers, builders or contractors to ensure compliance with the grading plan. VII. HOURS OF CONSTRUCTION ACTIVITY A. All construction activity shall be limited to the hours as follows: Monday through Friday 7:00 a.m. to 7:00 p.m. Saturday 9:00 a.m. to 5:00 p.m. Sunday and Holidays No working hours allowed page 6 - 5 6 - West Shadow Ponds 2nd Addition Development Contract 4 -11 -2005 VIII. OWNERSHIP OF IMPROVEMENTS A. Upon completion of the work and construction required by this contract and acceptance by the City, the improvements lying within the public easements shall become City property without further notice or action. INSURANCE A. Developer or all its subcontractors shall take out and maintain until one (1) year after the City has accepted the Developer Improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of his subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than Five Hundred Thousand and no /100 ($500,000.00) Dollars for one person and One Million and no /100 ($1,000,000.00) Dollars for each occurrence; limits for property damage shall be not less then Two Hundred Thousand and no /100 ($200,000.00) Dollars for each occurrence; or a combination single limit policy of One Million and no /100 ($1,000,000.00) Dollars or more. The City, its employees, its agents and assigns shall be named as an additional insured on the policy, and the Developer or all its subcontractors shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. X. REIMBURSEMENT OF COSTS FOR DEFENSE A. The Developer agrees to reimburse the City for all costs incurred by the City in defense of enforcement of this contract, or any portion thereof, including court costs and reasonable engineering and attorneys' fees if the City prevails in such action. XI. VALIDITY A. If a portion, section, subsection, sentence, clause, paragraph or phrase in this contract is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Development Contract. XII. GENERAL A. Binding Effect 1. The telllis and provisions hereof shall be binding upon and insure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land. page 7 -57- • • • West Shadow Ponds 2nd Addition Development Contract 4 -11 -2005 B. Notices 1. Whenever in this agreement it shall be required or permitted that notice or demand be given or served by either party to this agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinbefore set forth on Page 1 by certified mail (return receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto are as set forth on Page 1 until changed by notice given as above. C. Final Plat Approval 1. The City agrees to give final approval to the plat of the Subdivision in accordance with section VII upon execution and delivery of this agreement and all required petitions, bonds, security, and documents. XIII VIOLATIONSBUILDING PERMITS A. In the event that Developer violates any of the covenants and agreements contained in this Development Contract and to be performed by the Developer, the City, at its option, in addition to the rights and remedies as set out hereunder may refuse to issue building permits and/or Certificate of Occupancies to any property within the Subdivision until such time as such default has been corrected to the satisfaction of the City. XIV. PARK DEDICATION A. Park dedication in an amount of $2,075 shall be paid by the Developer to the City. XV. PROPERTY TAXES A. Should the recording of the Final Plat occur after July 1, any and all property taxes on any public property dedicated as a part of this plat shall be the responsibility of the Developer. Dollars shall be incorporated into the escrow agreement to cover the cost of said property taxes. • West Shadow Ponds 2nd Addition Development Contract 4-11-2005 DEVELOPER CITY OF LINO LAKES By Developer STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) By Mayor ATTEST: By Clerk On this day of , 20_. before me, a Notary Public within and for said County, personally appeared (Mayor) and (Clerk), to me known to be respectively the Mayor and Clerk of the City of Lino Lakes, and who executed the foregoing instrument and acknowledge that they executed the same on behalf of said City. STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA Notary public On this day of , of 20, before me, a Notary Public within and for said County, personally appeared (Developer), to me known to be the , of , a corporation under the laws of the State of Minnesota, and that they executed the foregoing instrument and acknowledged that they/he executed the same on behalf of said corporation. Notary Public • ATTACHMENT A SUMMARY OF IMPROVEMENT COSTS DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: West Shadow Ponds 2nd Addition NUMBER OF REU's: 2 APPLICANT: Richard S. Carlson Development, LLC ASSESSED AREA (ac.): 0.74 BUDGET DEVELOPER CITY ESCROW ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (X) IMP. (Y) AMOUNT (Z) 1 SITE GRADING Estimate e $0 2 EROSION CONTROL Estimate e $0 3 SITE ENGINEERING & SURVEYING Estimate e $0 4 LANDSCAPING Estimate e $0 6 STREET CONST. Estimate e $0 7 STORM SEWER CONST. A. Trunk Estimate e $0 B. Lateral Estimate e $0 C. Surface Water Mgmt. Charge (s.f.) $0.093 a $2,998 8 SANITARY SEWER CONST. A. Trunk Area Charge (ac.) $2,520 a $1,865 B. Trunk Credit IIIC. Trunk Unit Charge (REU) $1,095 $2,190 D. Lateral $7,130 e $0 $7,130 9 WATERMAIN CONST. A. Trunk Area Charge (ac.) $2,690 a $1,991 B. Trunk Credit C. Trunk Unit Charge (REU) $1,765 a $3,530 D. Lateral $5,520 e $0 $5,520 SUBTOTALS: $0 $25,224 $0 • NOTE: See Attachment B for security amounts to be posted a: Cost by City policy b: Estimated Cost or Budget by City c: Previously Assessed d: Cash Requirement per Agreement with Park Board e: Provided by Developer f: Estimate by Feasibility Study 4/4/2005 - 6 0 - attachments.xls ATTACHMENT B CITY FEES •DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: West Shadow Ponds 2nd Addition NUMBER OF REU's: 2 APPLICANT: Richard S. Carlson Development, LLC ASSESSED AREA (ac.): 0.74 ITEM NECESSARY IMPROVEMENTS 1 PLANNING /REVIEW A. Plat Review Fee B. Planner Review Fee 2 ENGINEERING A. Plan /Plat/Grading Review B. Preparation of Plans & Specs. C. Construction Services D. Construction Staking E. City Engineering 3 ADMINISTRATION A. Administration Fee B. Legal C. Publications DEVELOPMENT FEES A. Park Dedication B. Sealcoating Fee C. Aerial Photo Fee 5 BOULEVARD TREE PLANTING 6 DEVELOPMENT SECURITIES A. Tree Preservation B. Street Lighting - installation C. Street Lighting - operation D. Traffic Signing E. Street, St. Swr., Pond Maint. F. Other - Property Tax, FEMA TOTALS: BUDGET DEVELOPER CITY ESCROW COST NOTE IMP. (X) IMP, (Y) AMOUNT (Z) $500 b $500 b $500 b $0 b $285 b $0 b $250 b 3% of const. a $500 b $500 b 2075 /each d a 90 /unit a 400 /frontage b 80 /unit b $0 b $0 b $0 b $0 b $0 b SECURITY AMOUNTS TO BE POSTED X = DEV. IMPROVEMENT COSTS X 1.5 (LETTER OF CREDIT) Y = CITY IMPROVEMENT COSTS X 0.35 (LETTER OF CREDIT) Z = CITY FEE COSTS X 1.0 (CASH ESCROW) NOTE a: Cost by City policy b: Estimated Cost or Budget by City c: Previously Assessed d: Cash Requirement per Agreement with Park Board e: Provided by Developer f: Estimate by Feasibility Study - 6 1 - 4/4/2005 5500 5500 $500 $0 $335 $0 $250 50 5500 $500 $2,075 $0 $90 $0 50 50 50 $0 50 50 $0 $0 $5,250 Att. A 50 $9,000 $0 Att. B $0 $0 $5,250 Total $0 $9,000 $5,250 attachments.xis • • AGENDA ITEM 6.E.i. STAFF ORIGINATOR: Paul Bengtson CC MEETING DATE: April 11, 2005 TOPIC: Resolution Number 05 -49 Final Plat Vaughan Addition ACTION REQUIRED: 3/5 vote BACKGROUND Mike Vaughan has requested approval of a five lot single- family residential subdivision entitled Vaughan Addition. The subject property is located on the south side of Birch Street approximately 2,180 feet east of Ware Road. The final plat conforms to the approved preliminary plat layout as approved by the City Council on January 10, 2005. The title commitment for the property and final plat has been forwarded to the City Attorney for review and are acceptable. The applicant has submitted a Rice Creek Watershed District permit and a revised final plat depicting right of access granted to Anoka County. All other conditions of approval will be met with building permit review of the subdivision or through the development contract between the applicant and the city that is still being developed. The Planning and Zoning Board reviewed the application at the March 9, 2005 meeting and recommended approval. OPTIONS. 1. Approve the final plat for Vaughan Addition. 2. Return to staff with direction. RECOMMENDATION Option 1 ATTACHMENTS • 1. City Engineer's memorandum dated March 3, 2005 2. Final Plat submitted February 8, 2005 • • CITY OF LINO LAKES RESOLUTION NO. 05 -49 RESOLUTION APPROVING THE FINAL PLAT FOR VAUGHAN ADDITION WHEREAS, a request has been submitted to the City for the approval of a final plat, and WHEREAS, review and approvals of plats are governed by state statutes and City ordinances, and WHEREAS, the preliminary plat for Vaughan Addition was approved with Resolution 05 -01 by the City Council on January 10, 2005 with conditions, and WHEREAS, the final plat for Vaughan Addition complies with City requirements and the conditions of Resolution 05 -01 have been satisfied. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lino Lakes hereby approves the final plat for Vaughan Addition. Adopted by the Lino Lakes City Council this 1 lth day of April, 2005. ATTEST: Ann Blair, City Clerk John J. Bergeson, Mayor allgnd tie ;oN e;osauum `Aluno0 JoAaiuns /luno0 eAouy 71 0% m o L 0 o (o 2 3 0 N 0 1) i a to m a 0 N 3 0 a 0 O sly; panoidde pue paveg3 a 0 O 0 0 0 O -1 D Cnl z O T 03 z z m V) 0 D 21OA3A21f1S A1Nf1O0 VMONV M K n 0 CITY COUNCIL OF LINO LAKES, MINNESOTA e;osauum `Auno0 (g) 4 j E.ss5 c w og 0 m th (°r(`Dig1222 , O 3.02 3 c. < N ' 0 0 f0 C 077 ci a0 o<7oz (^. 0 a7 D 7 0 ry 0 o O 0 0 0 O 3 7 3 5 g23,72 N 0 ' •a N pg 7 a o m m m c, -0 0 0 0 0 3 3 5 2 0 •' 0 K 0 d 3 N O S y' 0 Pm g. o' 0 N (0^ 0 O o v o c o a y N o•(D o 7 oN O 7 v 3 a 00 0 da• r G N 0 7 74 O N O a a� 9.50 ( 0 a O d N o (D a N 0 C ID 0 7 S V.OS3NNIW `S3MV1 ONI1 a ID 0 O1 C� z 4O T 03 Z z rn V) 0 •al6uls `ueu6neA'3leey311A1 a ID 0 m aa(n ^� y A oi a c o 1) N d 0 • o N N 0 N S N aN 0 3 S y (n 0 c �+ 7 5" 0 N 0 v W N G• co N O ID N - n 0 o c 0. o m 0 0 0a 'm ,Z (c 'A m 0 a a D) 0 m a < ?4: x (Lic°Z � 0 r O z N m 0 N O o�Pz fn) • m d 7 N Daa 0 0 ' a ay 0 a + 3 �Dl 7 0 *gm! 0 0: D. 7 ..y N 0 g Z a -( 0 () EX co ,<0 On �� o. 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LINE OF THE WEST 879.46 FEET OF THE 5E1 /4 OF THE SW 1/4 OF SEC 29 500 °33'53'E 00 °33'53 "E 345.82 147.01 138.8/ 25 U \ 25 56.74 a° — 53.63 --_r - 25.79 N 25 r N G 0 31.03 VAUGHAN COURT i 9,4 0- i�y1 �i SpBi • `b \'.. `: 'o F\ Gr O,p `l` 90 \ ,,. '"'14 60.00 .. L ' ▪ 7 152.13 /6 5 00 °01'32" W 151.03 91.03 • r EDGE OF WETLAND WETLAND 133.68 l D 60.00 60 133111_LS HOE/19 ( Ot ON TrICSO) 60 60.00 500 °26'48 "E O O 500 °26'48 "E E LINE OF THE 5E 1/4 OF THE 5W 1/4 SEC. 29 M„9069N 60 60 p�� lrny \71C 4YO �....s -i t•� • ._ Nni iaav NVI4MVA • AGENDA ITEM 6Eii STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: April 11, 2005 TOPIC: Resolution No. 05 -53, Authorizing Execution of Development Agreement, Vaughan Addition Vote Required: Simple Majority BACKGROUND: The City Council approved the preliminary plat of Vaughan Addition on January 10, 2005. Vaughan Addition consists of 5 units of residential development. in accordance with the Development Agreement approval and City policy, staff has prepared a Development Agreement for the Vaughan Addition Development. The agreement provides for the following: 1. Submittal by the developer of a Letter of Credit in the amount of $225,000.00 representing 150 percent of the development improvement costs and a Letter of Credit in the amount of $11,000.00 representing 35 percent of the City improvement costs to insure completion of the project in accordance with the approved plans. 2. Deposit of a cash escrow in the amount of $48,000.00 to reimburse the City for costs incurred by the City related to the development and improvements of the site and developer improvements. Mike Vaughan, LLC has reviewed the contract and is aware of the conditions set forth. OPTIONS: 1. Return to staff for further review. 2. Adopt Resolution Number 05 -53, Authorizing Execution of Development Agreement, Vaughan Addition. 3. Not adopt Resolution Number 05 -53. RECOMMENDATION: Option No. 2 - Staff recommends that Resolution Number 05 -53 be adopted. • CITY OF LINO LAKES RESOLUTION NO. 05 -53 RESOLUTION AUTHORIZING EXECUTION OF DEVELOPMENT AGREEMENT, VAUGHAN ADDITION. WHEREAS, the City Council approved the preliminary plat for the Vaughan Addition on January 10, 2005. WHEREAS, the City's subdivision ordinance and conditions of approval require the execution of a development contract, between the Developer and the City of Lino Lakes, prior to commencement of site construction activities to insure satisfactory completion of public improvements. NOW, THEREFORE, BE IT RESOLVED THAT the Lino Lakes City Council approves the Development Contract with Mike Vaughan, LLC, for Vaughan Addition and authorizes the Mayor and City Clerk to execute such agreement on behalf of the City. Adopted by the Lino Lakes City Council this 11th day of April, 2005. • Ann Blair, City Clerk • John J. Bergeson, Mayor • • DEVELOPMENT AGREEMENT Vaughan Addition THIS AGREEMENT made this llth day of April, 2005, is by and between the City of Lino Lakes, whose address is 600 Town Center Parkway, Lino Lakes, Minnesota, 55014, a municipal corporation organized under the laws of the State of Minnesota, hereinafter referred to as the "City ", and Mike Vaughan. LLC whose address is 600 Birch Street. Lino Lakes, Minnesota 55038, hereinafter referred to as the "Developer ". WHEREAS, the Developer has received Conditional Use permit approval for a residential planned unit development from the City Council for a plat of land within the corporate limits of the City known as Vaughan Addition, hereinafter called "Subdivision ", said land is legally described to -wit LEGAL DESCRIPTION: That part of the North 345.8 feet of the Southeast 1/4 of Southwest 1/4 of Section 29, Township 31 North, Range 22 West, lying East of the West 879.46 feet, except the East 60 feet thereof. WHEREAS, the Developer is to be responsible for the installation and financing of certain private improvements within the Subdivision; and WHEREAS, said private improvements include grading, drainage, sanitary sewer, water, and driveway improvements; and WHEREAS, the City Subdivision Ordinance and Minnesota Statute 462.358 authorize the City to enter into a perfoiuiance contract secured by cash escrow or other security to guarantee completion and payment of such improvements following final approval and recording of final plat. • • • Vaughan Addition Development Contract 4 -11 -2005 herein, NOW, THEREFORE, in consideration of the mutual promises of the parties made IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: that the I. DESIGNATION OF IMPROVEMENTS A. Improvements to be installed at the Developer's expense by the Developer as hereinafter provided are hereinafter referred to as "Developer Improvements ". II. DEVELOPER IMPROVEMENTS A. The Developer's Engineer shall prepare, at the Developer's expense, a grading plan, street and utility plan, and a surface water management plan. The plans shall be approved by the City of Lino Lakes. The Developer shall secure a contractor to install these improvements; said contractor shall be approved by the City at its ABSOLUTE discretion. All Developer Improvements shall require City inspection and approval and, where appropriate, and the approval of any other governmental agency having jurisdiction. The Developer shall construct and install at the Developer's expense, the following improvements according to the following terms and conditions: 1. Grading Plan a) A final site grading plan, with maximum two -foot contours and cross sections as necessary shall be submitted and approved by the City prior to commencement of any site grading. Erosion Control Plan a) The Developer shall submit an erosion control plan, detailing all erosion control measures to be implemented during construction. Said plan shall be approved by the City prior to the commencement of site grading or construction. b) The Developer shall submit a turf establishment plan which details topsoil placement, seeding, sodding, mulching, fertilizing and watering. Said plan shall be approved by the City prior to the commencement of site grading or construction. 3. Grading and Erosion Control Construction & Maintenance a) Prior to the commencement of site grading and erosion control, the Developer shall complete items II.A.1 and II.A.2 as listed above. page 2 -69- Vaughan Addition Development Contract 4-11-2005 The Developer shall grade the site to within 0.2 foot of the grades shown on the approved grading plan. No deviations will be allowed unless a revised plan is submitted and approved by the City and all other regulatory agencies. c) All development shall conform to the natural limitations presented by the topography and soil of the subdivision in order to create the best potential for preventing soil erosion. d) Erosion and siltation control measures shall be coordinated with the different stages of development. The Developer shall attain an NPDES Stormwater Permit prior to engaging in any site grading activities. All terms and conditions of the NPDES permit must be adhered to by the Developer throughout construction the duration of construction of the Subdivision from start to finish. e) Where the topsoil is removed, sufficient arable soil shall be set aside for respreading over the developed area. The topsoil shall be restored to a depth of at least four (4) inches and shall be of a quality at least equal to the soil quality prior to development. The Developer shall make all necessary adjustments to the curb stops to bring them flush with the topsoil prior to occupancy. f) The Developer shall install four (4) inches of topsoil on all boulevards and seed or sod as approved by the City. The Developer shall make all necessary adjustments to the curb stops to bring them flush with the topsoil prior to occupancy. All disturbed areas shall be sodded or seeded, as designated per the approved plans, immediately upon completion of grading . h) All streets shall be protected from erosion deposits. This should include a combination of roadside silt fences, roadside sod strips, catch basin rock bale inlet protection, rock construction entrances, straw mulch, and/or street sweeping. g) i) No soils shall be imported or exported without City approval. j) All site grading shall be perfoiined in accordance with the requirements of the Rice Creek Watershed District. k) Existing wells and on -site septic systems shall be properly abandoned. 4. Final access drive and driveway grading, subbase, gravel base, bituminous binder course, and concrete curb and gutter shall be furnished and installed. page 3 -70- Vaughan Addition Development Contract 4 -11 -2005 Sanitary sewer mains, laterals or extensions, including all necessary building services and other appurtenances shall be furnished and installed. All connections to existing City facilities shall be performed by the Developer, but only upon approval and authorization of the City of Lino Lakes at least 48 hours prior to making actual connection. 6. Water mains, laterals or extensions, including all necessary building services, hydrants, valves and other appurtenances shall be furnished and installed. All connections to existing City facilities shall be performed by the Developer, but only upon approval and authorization of the City of Lino Lakes at least 48 hours prior to making actual connection. 7. The Developer shall place iron monuments at all lot and block corners and at all other angle points on boundary lines. Iron monuments shall be placed after all street and lawn grading has been completed in order to preserve the lot markers for future property owners. Lot comer irons on the back property line shall be installed so that the top of the iron corresponds to the finished ground elevation in accordance with the approved grading plan - guard stakes shall be appropriately installed to mark these irons. 8. The Developer shall promptly clear dirt and debris, within public right -of- ways, and drainage and utility easements, resulting from construction by the Developer, its purchasers, builders and contractors within five (5) days after notification by the City. The Developer or its assigns shall be responsible for all necessary street and storm sewer maintenance including street sweeping, and storm sewer resulting from the accumulation of said dirt and debris, prior to issuance of any Certificates of Occupancy. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If and when the streets become impassable, such streets shall be barricaded and closed. The Developer shall maintain a smooth, hard driving surface and adequate drainage on all temporary streets. 9. The Developer shall dedicate to the City, prior to approval of the final plat, at no cost to the City, any peinianent or temporary easements that may be necessary for the construction and installation of the Developer Improvements. All such easements required by the City shall be in writing, in recordable form, containing such terms and conditions as the City shall determine. 10. The Developer shall be responsible for securing all site grading and development approvals and permits from all appropriate Federal, State, Regional and Local jurisdictions prior to the commencement of site grading or construction and prior to the City awarding construction contracts for public utilities. As previously stated, the Developer shall attain an NPDES page 4 -71- Vaughan Addition Development Contract 4 -11 -2005 Stormwater Pema, and shall adhere to all terms and conditions of the Rice Creek Watershed (RCWD) permit. Any work extending into the right of way of Anoka County shall be subject to the requirements of Anoka County, and the Developer shall be responsible for attaining any permits from the County as may be needed. 11. The Developer shall make provision that all gas, telephone, cable TV and electric utility designs be submitted to the City for review and approval prior to construction of the improvements. Following review and approval by the City, the Developer shall insure that all installations comply with applicable City, County and State design standards and show proof of security arrangements with said utility companies. 12. Cost of Developer Improvements and description are as shown on Attachment A. 13. Construction of Developer's Improvements: a) The construction, installation, materials and equipment shall be in accordance with the plans and specifications approved by the City. In addition, stone or brick veneer base shall be included on all four sides of the buildings, and building colors shall be reviewed and approved by City staff. b) All of the work shall be under and subject to the inspection and approval of the City and, where appropriate, any other governmental agency having jurisdiction. c) Prior to the acceptance of Developer Improvements by the City, the Developer shall obtain final plat approval and record the final plat which will dedicate all permanent easements necessary for the construction and installation of the Developer and City Improvements as determined by the City. d) All construction debris and trash shall be properly disposed of at the Developer expense and in a timely manner as determined by the City. 14. Guarantee a) Faithful Performance of Construction Contracts and Letters of Credit (1) The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Developer Improvements and hereby guarantees the workmanship and materials for a period of one year following the City's final acceptance of the Developer's page 5 - 7 2 - • Vaughan Addition Development Contract 4 -11 -2005 Improvements. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on one hundred fifty (150 %) percent of the total estimated cost of Developer's Improvements. An Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Lino Lakes and shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Contract and construction of all required improvements in accordance with the ordinances and specifications of the City. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the teens and conditions of this contract. The Irrevocable Letter of Credit shall be automatically extended for additional periods of one year from present or future expiration dates unless thirty (30) days prior to such the City Clerk or Administrator is notified in writing by certified mail that the Letter of Credit will not be renewed. Reduction of Escrow Guarantee. 41, ( 1 ) III. CITY IMPROVEMENTS The Developer may request reduction of the Letter of Credit, or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. Prior to the final acceptance of the Developer Improvements the City shall require a Performance Bond or Cash Escrow to cover the one -year warranty provisions of the agreement. The amount shall be determined by the City Engineer. A. There are no new City Improvements for this project. IV. RECORDING AND RELEASE A. The Developer agrees that the terms of this Development Contract shall be a covenant on any and all property included in the Subdivision. The Developer agrees that the City shall have the right to record a copy of this Development Contract with the Anoka County Recorder to give notice to future purchasers and owners. This shall be recorded against the Subdivision described on Page 1 hereof. City shall provide to Developer upon payment of all the special assessments levied against a parcel, a release of such parcel from the telins and conditions of this Development Contract subject to provisions contained in this contract. • • Vaughan Addition Development Contract 4 -11 -2005 B. Homeowners association declaration/covenants must be submitted for City Attorney review as required by the City' s final plat requirements. In addition, the Developer shall convey to the homeowners association of the existing townhomes abutting the north border of the property, an access easement over the existing access drive. Prior to approval of the final plat by the City Council, the developer shall submit a copy of the easement document and proof that the easement document has been filed with Anoka County. The access drive as it currently exists shall not be altered. V. REIMBURSEMENT OF COSTS A. The Developer agrees to establish a non - interest bearing escrow account with the City in an amount determined by the City Administrator or his designee for the payment of all costs incurred by the City related to the development of the Subdivision and the Developer Improvements including, but not limited to, the following (See Attachment B for breakdown of costs): 1. Plat Review Fee 2. Planner Review Fee 3. Administration - 3% Construction Cost 4. Engineering a) Administration 5. Legal - Plat Review 6. Publications 7. Park Dedication Fee 8. Tree Preservation Policy 9. Boulevard Tree Planting 10. Street - Storm Sewer - Pond Maintenance 11. Sealcoating Fund 12. Aerial Photo Recovery Cost B. If the above escrow amounts are insufficient, the Developer shall make such additional deposits as required by the City. The City shall have a right to reimburse itself from the Escrow upon notice to the Developer, with suitable documentation supporting charge. • • • Vaughan Addition Development Contract 4 -11 -2005 VI. BUILDING PERMITS A. The Developer agrees that building permits may be issued upon approval of the Final Plat by the City Council at which time all required Financial Security shall be in place with the City. B. The Developer further agrees that Sewer, Water, Storm Sewer, and Bituminous Base Construction of the Streets, temporary street signs, gas, electric, and telephone will be completed prior to the issuance of building peimits. C. Model Homes The City agrees that one structure can be installed as a model home upon approval of final plat. The right to obtain such building permits shall be contingent upon the following: 1. Execution of this development contract, providing a Letter of Credit in the amount of $100,000.00 and an escrow amount of 510,000.00. Construction shall be limited to maintain a minimum distance of 150' from the furthest exterior wall to an improved gravel street as per the State Fire Code. The Developer may construct and maintain such access in order to meet said requirements. 3. Prior to release of the building permits for one structure, the builder shall enter into a separate agreement with the City which would not allow the building to be occupied after issuance of certificate of occupancy by anyone other than the builder for exhibiting the home for model purposes nor would they convey the property to any other third parties by any means until all of the public and private utilities have been installed to serve the building and accepted by the City. This includes all other requirements provided in this agreement D. The Developer further agrees that an as -built survey certifying that all the grading complies with the grading plan prior to issuance of building permits. E. Each lot must have a City approved Certificate of Grading showing the as -built survey prior to an issuance of a Certificate of Occupancy. It shall be the responsibility of the Developer, its purchasers, builders or contractors to ensure compliance with the grading plan. page 8 -75- • • Vaughan Addition Development Contract 4 -11 -2005 VII. HOURS OF CONSTRUCTION ACTIVITY A. All construction activity shall be limited to the hours as follows: Monday through Friday 7:00 a.m. to 7:00 p.m. Saturday 9:00 a.m. to 5:00 p.m. Sunday and Holidays No working hours allowed VIII. OWNERSHIP OF IMPROVEMENTS A. Upon completion of the work and construction required by this contract and acceptance by the City, the utility and driveway improvements lying within the public easements shall become the property of the Developer, Property Owners, or their heirs and assigns, and shall include all maintenance and operation of all improvements for perpetuity. However, the City of Lino Lakes, in the interest of public health and safety, shall reserves the right to enter said property and maintain facilities upon reasonable notice. Any costs incurred by the City of Lino Lakes to repair and maintain any private facilities shall be billed directly to the property owners. IX. INSURANCE A. Developer or all its subcontractors shall take out and maintain until one (1) year after the City has accepted the Developer Improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of his subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than Five Hundred Thousand and no /100 ($500,000.00) Dollars for one person and One Million and no /100 ($1,000,000.00) Dollars for each occurrence; limits for property damage shall be not less then Two Hundred Thousand and no /100 ($200,000.00) Dollars for each occurrence; or a combination single limit policy of One Million and no/100 ($1,000,000.00) Dollars or more. The City, its employees, its agents and assigns shall be named as an additional insured on the policy, and the Developer or all its subcontractors shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. s • Vaughan Addition Development Contract 4 -11 -2005 X. REIMBURSEMENT OF COSTS FOR DEFENSE A. The Developer agrees to reimburse the City for all costs incurred by the City in defense of enforcement of this contract, or any portion thereof, including court costs and reasonable engineering and attorneys' fees if the City prevails in such action. XI. VAT IDITY A. If a portion, section, subsection, sentence, clause, paragraph or phrase in this contract is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Development Contract. XII. GENERAL A. Binding Effect 1. The terms and provisions hereof shall be binding upon and insure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land. B. Notices 1. 'Whenever in this agreement it shall be required or permitted that notice or demand be given or served by either party to this agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinbefore set forth on Page 1 by certified mail (retum receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto are as set forth on Page 1 until changed by notice given as above. C. Final Plat Approval 1. The City agrees to give final approval to the plat of the Subdivision in accordance with section VII upon execution and delivery of this agreement and all required petitions, bonds, security, and documents including the following: a) Right of access shall be granted to Anoka County. XIII. VIOLATIONS/BUILDING PERMITS A. In the event that Developer violates any of the covenants and agreements contained in this Development Contract and to be performed by the Developer, the City, at its • • Vaughan Addition Development Contract 4 -11 -2005 option, in addition to the rights and remedies as set out hereunder may refuse to issue building permits and /or Certificate of Occupancies to any property within the Subdivision until such time as such default has been corrected to the satisfaction of the City. XIV. PARK DEDICATION A. Park dedication in an amount of $10,375.00 shall be paid by the Developer to the City. XV. PROPERTY TAXES A. Should the recording of the Final Plat occur after July 1, any and all property taxes on any public property dedicated as a part of this plat shall be the responsibility of the Developer. Dollars shall be incorporated into the escrow agreement to cover the cost of said property taxes. • • • Vaughan Addition Development Contract 4 -11 -2005 DEVELOPER CITY OF LINO LAKES By By Developer Mayor ATTEST: By Clerk STA I'E OF MINNESOTA ) ) SS COUNTY OF ANOKA On this personally appeared day of , 20_. before me, a Notary Public within and for said County, (Mayor) and (Clerk), to me known to be respectively the Mayor and Clerk of the City of Lino Lakes, and who executed the foregoing instrument and acknowledge that they executed the same on behalf of said City. STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA Notary public On this day of , of 20_, before me, a Notary Public within and for said County, personally appeared (Developer), to me known to be the , of , a corporation under the laws of the State of Minnesota, and that they executed the foregoing instrument and acknowledged that they/he executed the same on behalf of said corporation. Notary Public • ATTACHMENT A SUMMARY OF IMPROVEMENT COSTS DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: Vaughan Addition APPLICANT: Mike Vaughan, LLC ITEM NECESSARY IMPROVEMENTS 1 SITE GRADING 2 EROSION CONTROL 3 SITE ENGINEERING & SURVEYING 4 LANDSCAPING 6 STREET /ACCESS CONST. 7 STORM SEWER CONST. A. Trunk Estimate B. Lateral Estimate C. Surface Water Mgmt. Charge (s.f.) $0.050 8 SANITARY SEWER CONST. A. Trunk Area Charge (ac.) * ** $2,520 B. Trunk Credit C. Trunk Unit Charge (REU)*** $1,095 D. Lateral Estimate 9 WATERMAIN CONST.. A. Trunk Area Charge (ac.)*** $2,690 B. Trunk Credit C. Trunk Unit Charge (REU) *** $1,765 D. Lateral Estimate • • BUDGET COST Estimate Estimate Estimate Estimate Estimate TOTALS See Attachment B for security amounts to be posted NOTE a: Cost by City policy b: Estimated Cost or Budget by City c: Previously Assessed d: Cash Requirement per Agreement with Park Board e: Provided by Developer f: Estimate by Feasibility Study ** *Assessment previously paid for one (1) parcel. 4/4/2005 NOTE e e e e e - 8 0 - e e a a e a a e NUMBER OF REU's: 5 ASSESSED AREA (ac.): 2.91 DEVELOPER CITY ESCROW IMP. (X) IMP. (Y) AMOUNT (Z) $23,220 $4,260 $15,000 $0 $49,567 $0 $18,510 $25,570 $6,338 $6,703 $0 $4,380 $7,155 $0 $7,060 $13,710 $149,837 $31,636 $o Attachments.xls ATTACHMENT B CITY FEES •DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: Vaughan Addition NUMBER OF REU's: 5 APPLICANT: Mike Vaughan, LLC ASSESSED AREA (ac.): 2.91 BUDGET DEVELOPER CITY ESCROW ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (X) IMP. (Y) AMOUNT (Z) 1 PLANNING /REVIEW A. Plat Review Fee $1,250 b $1 ,250 B. Planner Review Fee $1,250 b $1,250 2 ENGINEERING A. Plan /Plat/Grading Review $2,500 b $2,500 B. Preparation of Plans & Specs. $0 b $0 C. Construction Services $10,000 b $10,000 D. Construction Staking $0 b $0 E. City Engineering $5,000 b $5,000 3 ADMINISTRATION A. Administration Fee 3% of const. a 54,500 B. Legal $1,000 b $1,000 C. Publications $1,000 b $1,000 4 DEVELOPMENT FEES IIIA. Park Dedication $2075 /each d $10,375 B. Sealcoating Fee a $2,350 C. Aerial Photo Fee $90 /unit a $450 5 BOULEVARD TREE PLANTING $400 /frontage b $2,000 6 DEVELOPMENT SECURITIES A. Tree Preservation $80 /unit b $400 B. Street Lighting - installation 52,000 b $4,000 C. Street Lighting - operation $225 b $450 D. Traffic Signing $500 b $500 E. Street, St. Swr., Pond Maint. $975 b $975 F. Other - Property Tax, FEMA $0 b $0 TOTALS: $0 $0 $48,000 SECURITY AMOUNTS TO BE POSTED Att. A Att. B Total X = DEV. IMPROVEMENT COSTS X 1.5 (LETTER OF CREDIT) $225,000 $0 5225,000 Y = CITY IMPROVEMENT COSTS X 0.35 (LETTER OF CREDIT) $11,000 $0 $11,000 Z = CITY FEE COSTS X 1.0 (CASH ESCROW) $0 $48,000 $48,000 NOTE a: Cost by City policy • b: Estimated Cost or Budget by City c: Previously Assessed d: Cash Requirement per Agreement with Park Board e: Provided by Developer f: Estimate by Feasibility Study - 8 1 - 4/4/2005 Attachments.xls • • • STAFF ORIGINATOR: CC MEETING DATE: TOPIC: ACTION REQUIRED: BACKGROUND AGENDA ITEM 6.F. Paul Bengtson April 11, 2005 Resolution Number 05 -48 Preliminary Plat Marshan Lakeview 3/5 vote James Funkhouser has requested approval of a single - family residential development entitled Marshan Lakeview. The subject property is made up of two lots located at the end of Marshan Lane and is currently developed with one single - family dwelling. The applicant is proposing to divide the 121,374 square foot lot into four lots of 35,088 square feet, 11,784 square feet, 15,419 square feet and approximately 42,000 square feet. The existing single - family dwelling will remain on the largest lot. Also depicted on the preliminary plat are a couple of outlots that were created as part of the Marshan Estates plat. These outlots will be combined into the adjacent properties as part of this proposed plat. ANALYSIS The following is a summary of the proposal: Site Area Upland Area Total Lots Density 121,374 square feet 99,003 square feet 4 1.66 units per acre Comprehensive Plan, Land Use and Zoning: The table below identifies the existing land use and zoning as well as guided land uses for the area. • • Marshan Lakeview Page 2 Location Existing Land Use Guided Land Use Existing Zoning Site Single Family Dwelling Low Density Unsewered Residential & Mixed Use R -1 (Single Family Residential) PUD (Planned Unit Development) North City Hall Mixed Use South Undeveloped Low Density Unsewered Residential & Public / Semi - Public R -1 (Single Family Residential) PUD (Planned Unit Development) East City Hall Mixed Use & Public / Semi- Public West Single Family Dwellings Low Density Unsewered Residential R -1 (Single Family Residential) Growth Management Growth Management, Units/Year: The growth management policy limits the number of new residential lots platted each year to a maximum of 147. Recent amendments to that policy have eliminated the 20 % discretionary flexibility and essentially closed the 2005 lots. This application was not received until after that amendment and therefore cannot be platted until 2006. Attached to this report is the current lot inventory, showing that there are 49 available lots remaining for 2006. The proposed subdivision consists of two existing lots, and therefore is only a net increase of two additional lots. MUSA Reserve: The comprehensive plan and the growth management policy establish a specific number of MUSA acres for residential growth for stage one (prior to year 2010). The subject site is already within the current MUSA boundary. Preliminary Plat Lots: The minimum lot size in the R -1 (Single Family Residential) zoning district is 10,800 square feet of upland. The lots being created by the proposed plat will consist of a minimum of 10,996 square feet of upland (Lot 1, Block 2). Lot 1, Block 1 is sufficient in size to meet the minimum setback requirements for the existing single - family dwelling. Streets: Marshan Lane will be extended to the east and ended with a cul -de -sac. The unusual shape of the cul -de -sac right of way was requested by staff so it would encompass the entire area of an emergency access easement the city already holds on the property. Marshan Lane will continue to he developed to a rural standard; however the full right of way will be dedicated to the city. Wetlands: Wetland exists on the southern part of the property, and would be contained within lot 1 of block 2. Appropriate easements containing the wetland areas and a 10 foot buffer are depicted on the proposed plat. Staff is recommending that a conservation easement be granted over the large wetland area of Lot 1, Block 2. • Marshan Lakeview Page 3 Park / Open Space: The proposal does not include any land dedication for parkland, only a cash dedication will be required. Park dedication fees will be calculated as required by city policy. Utilities: Adequate municipal services exist within the Marshan Lane right -of -way, and all properties will be required to connect to municipal services. Grading and Drainage: Easements are required adjacent to property lines (5 feet side -yard and 10 feet front and rear- yards), and are provided. Additional easements are provided over the ponding area on the northeast corner of Lot 1, Block 2. That pond does encroach slightly into the right -of -way, however the City Engineer in his comments states that it is an allowable encroachment as long as it is minimized. The current configuration is acceptable in that regard. The City Engineer has completed a thorough review of the submitted plans, and his memorandum is attached at the end of this report. The applicant will be required to satisfy all of those comments prior to recordation. Environmental Board: The Environmental Board reviewed this proposal at the January 26, 2005 regular meeting. The comments from the board are attached to this staff report and address water run -off, buffering of the wetland, erosion control, soil compaction, saving more trees than proposed, alternatives to the cul -de -sac, and donation of wetland to Anoka County Parks. Planning and Zoning Board: The Planning and Zoning Board reviewed this application at the March 9, 2005 regular meeting, and recommended approval subject to five conditions. OPTIONS a. Approve Resolution 05 -48. b. Deny Resolution 05 -48. c. Return to staff with direction. RECOMMENDATION Staff recommends approval subject to the following conditions: 1. All lots created by the plat shall connect to city sanitary sewer and water; assessments will be recorded with the final plat. 2. Issues discussed in the City Engineer review memo must be addressed to his satisfaction. 3. Park dedication shall be paid in accordance with city policies. 4. The applicant shall submit an executable conservation easement over the wetland portion of Lot 1, Block 2 prior to the execution of the final plat by the city. This review is based on the following plans and information: 1. City Engineer Comments dated 1/21/05. 2. Environmental Board Comments dated 1/31/05 3. Certificate of Survey, Tree Preservation Plan, Resource Inventory, received 12/13/04. 4. Preliminary Plat, Grading/Drainage /Erosion Control Plan, Utility Plan received 1/14/05. • Phasing plans by year (lots /units to be final platted) LOTS /UNITS as of February 3, 2005 Development Name approved prelim. plats Phasing plans by year (lots /units to be final platted) 2003 -09 total max. 1029 Prelim Plat year end 2002 2003 2004 2005. 2006 2007 2008 2009 Stoneybrook 103 51 0 2nd Addn 0 52 52 Century Farms North 249 56 65 52 43 33 249 Keefe: prel plat, not final plat 1 1 1 Morton (minor subdiv) 0 1 0 1 Ravens Hollow 56 0 56 56 Haley Manor (10 new lots) 10 10 0 10 Crystal Cove 3 3 0 3 Millers Crossroads 152 22 47 51 32 152 Lakeview Estates (2 new) 2 2 2 Snell (minor subdivision) 0 1 1 Pheasant Hills Pres. 13th 1 1 1 Justin's Preserve 1 1 1 Marshan Estates 4 4 4 Rice Creek Church duplex 2 2 2 hiP'tice Church: Oakwood View 10 10 10 u n e s Addn 2 2 2 Highland Meadows East 2nd 18 18 18 Marshan Townhomes 2nd 23 23 Pheasant Hills 12th island 8 8 8 West Shadow Ponds 2nd Add 1 1 1 Vaughan Addition 5 5 5 Angie's Acres (1 new) 1 1 1 proposed Marshan Meadows 21 21 21 Marshan Lakeview (2 new) 2 2 2 total 51 1481 176 171 98 33 626 remaining of annual 147 remaining of 1029 for pre -2010 exceeds target of 147 by percent • -1 -29 -24 49 114 147 147 1 29 24 0.7% 19.7% 16.3% 403 CITY OF LINO LAKES RESOLUTION NO. 05 -48 RESOLUTION APPROVING THE PRELIMINARY PLAT FOR MARSHAN LAKEVIEW WHEREAS, the City has received an application for preliminary plat approval for property currently described to -wit: Outlot D, MARSHAN ESTATES, Anoka County, Minnesota. That part of Government Lot 2 lying within the Northeast Quarter of Section 17, Township 31, Range 22, lying Westerly of the following described Line "A" and lying Southerly of the following described line: Commencing at the center of said Section; thence North 00 degrees 22 minutes 54 seconds East (assumed bearing) along the west line of said Quarter, 583.02 feet to point of beginning of said line; thence South 65 degrees 57 minutes 53 seconds East, 258.02 feet to the intersection with said Line "A" and said line there terminating: Line "A" is described as follows: Commencing at a point on the north line of said Section, 850.00 feet East of the North Quarter corner of said Section; thence Southwesterly to a point on the East -West Quarter line of said Section, 100.00 feet East of the center of said Section and said line there terminating. AND That part of the Southeast Quarter of the Northwest Quarter of Section 17, Township 31, Range 22, that is described as follows, to -wit: Beginning on the south line of said Southeast Quarter of the Northwest Quarter and the southeasterly line of State Highway No. 8, as now established, 80.00 feet wide across said tract; thence North 24 degrees 56 minutes 00 seconds East, along said highway line, for 938.14 feet; thence South 66 degrees 23 minutes 00 seconds East 677.50 feet, more or less, to the east line of said Southeast Quarter of the Northwest Quarter and the point of beginning of the tract hereby described; thence North 66 degrees 23 minutes 00 seconds West 95.00 feet; thence South 14 degrees 10 minutes 00 seconds West for 212.00 feet to the northerly line of an easement roadway, thence South 67 degrees 07 minutes 00 seconds East, along said road line, for 150.80 feet, more or less, to the east line of said Southeast Quarter of the Northwest Quarter; thence North, along said east line, for 226.13 feet to the point of beginning, all in Anoka County, Minnesota. Subject to a permanent driveway easement per Docmnent No. 1314776 ;and WHEREAS, the applicant is proposing to subdivide the property into five parcels described as Lots 1 -3, Block 1 and Lot 1, Block 2, Marshan Lakeview; and • • City Council Marshan Lakeview April 11, 2005 WHEREAS, the preliminary plat approval request is based on the following submittals: Grading, Drianage and Erosion Control Plan; Utility Plan; Preliminary Plat; Certificate of Survey; Tree Preservation Study; and Resource Inventory Survey received December 13, 2004. ; and WHEREAS, at their meeting on March 9, 2005, the Planning & Zoning Board conducted a public hearing and recommended approval of the preliminary plat subject to the conditions listed in the meeting minutes; and WHERAS, the proposed preliminary plat meets the requirements of the City's zoning ordinance and subdivision ordinance subject to certain conditions of approval. NOW, THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes hereby approves the preliminary plat for Marshan Lakeview subject to the following conditions: 1. All lots created by the plat shall connect to city sanitary sewer and water; assessments will be recorded with the final plat. 2. Issues discussed in the City Engineer review memo must be addressed to his satisfaction. 3. Park dedication shall be paid in accordance with city policies. 4. The applicant shall submit an executable conservation easement over the wetland portion of Lot 1, Block 2 prior to the execution of the final plat by the city. Passed by the Lino Lakes City Council this 11th day of April 2005. ATTEST: Ann Blair, City Clerk John J. 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' ..... . .... • Ell g 7Z1.. ....... .2,68• Ckpri ....... - .......... 89e„ .... ni H -n 0 0 6 z ...... .... ..... ... .. 868 ... ................. .... „.. ... ..... ....• ..... • 1 gill , ...... ...... • • 11 . t "13 >, z _LI -91 .lZkOlIVMANI \T- 's9 (0 ... 0,) 4, :it Er4 .......... ....... • • • Environmental Memo To: Paul Bengtson From: Marty Asleson CC: Jeff Smyser Mike Grochala Date: January 31, 2005 Re: Environmental Board Recommendations /January 26, 2005 The Environmental Board made the following recommendations at the January 26, 2005 Environmental Board meeting: Marshan Lakeview Environmental Board recommended approval of Marshan Lakeview including: • Water should be directed from all roofs and impervious areas to open space and pervious areas. • NPDES best management practices should be reviewed and acceptable to the site. • A buffer should be established between the lake and at least 10 feet beyond the delineated wetland boundary. Signage should be placed at this line and there should be education materials given to the new residents concerning the resource issues concerning this buffer. • Any soil disturbance in the 200 -foot from Lake Area must have temporary erosion control or permanent cover within 7 days. The NPDES plan should include how this erosion control will be done, and the permit and inspection reports must be on site at all times. The designated area for these documents should be described on the plan. • • • All soils, especially in pond and infiltration areas should be protected from excessive compaction. Low impact construction equipment should be used and protection fence placed around infiltration areas. No importing or exporting of soils should occur with out City approval. • Make changes to the proposed grade plan to save more trees. Look at directing water from the North between the houses instead of creating a swale (and removing more trees) on the North. Install rain gardens to capture this water in front of the two northern lots. Custom grade the proposed houses to reduce tree losses. • Ask City Engineer to investigate alternative to a cul -de -sac such as a "hammer- head" design. This may save two specimen oaks. Note: The developer is in favor of looking at an alternative design to the street end. This will also reduce impervious surface in a shoreland district. • Donate the area from the South end of lot 1 bik 2, to the wetland delineation area to Anoka County Parks as a permanent protection measure. Owner is in favor of this and Anoka County has been questioned about their interest in accepting this donation. • Work with staff on lessening tree removals and increasing buffers. Motion by Baumann to approve, second by Smith with Staff and Environmental Board recommendations. All were in favor. Motion passed. s Memorandum DATE: January 21, 2005 TO: Paul Bengtson FROM: James E. Studenski, City Engineer RE: Marshan Lakeview / Funkhouser Estates Attached is the TKDA review dated January 21, 20D5, of the submitted documents for the Marshan Lakeview /Funkhouser Estates development. The following comments must be addressed prior to final approval given for this project. Please contact me at 651/982 -2430 with any questions. 600 Town Center Parkv - 96 -) Lakes, Minnesota 55014-1182 Phone: 651 - 982 -2400 Fax: 651 - 982 -2499 o TDD: 651-982-2410 TKDA • ENGINEERS • ARCHITECTS • PLANNERS • MEMORANDUM To: 1500 Piper Jaffrey Plaza 444 Cedar Street Saint Paul, MN 55101 -2140 (651) 292 -4400 (651) 292 -0083 Fax www.tkda.com James Studenski, City Engineer Reference: Marshan Lakeview /Funkhouser Estates Copies To: City of Lino Lakes; Minnesota From: Scott A. Brink, P.E. Date: January 21, 2005 Comm. No. 13265 -002 Routing: The. proposed Marshan Lakeview is located at the east end of Marshan Lane on less than 3 acres of property. The plans submitted essentially provide for the platting of property into four single family residential lots. One lot would acconunodate an existing house and garage, while new homes would be constructed on the other three lots. A review dated January 4, 2005 was previously provided for this proposed development. Additional documents received since then are as follows: 1. Letters of Transmittal from Plowe Engineering (January 14, 2005) and E.G. Rud & Sons. Inc. (January 11, 2005). 2. Full size and half -size copies of the following: a) Certificate of Survey (E.G. Rud & Sons, Inc.) dated January 11, 2005. b) Resource Inventory Survey (E.G. Rud & Sons, Inc.) dated January 11, 2005. c) Tree Preservation Survey (E.G. Rud & Sons, Inc.), dated January 11, 2005. d) Preliminary Plat (E.G. Rud & Sons, Inc.), dated January 11, 2005. e) Marshan Lakeview, Preliminary Grading, Drainage, and Erosion Control Plan, Sheet 01, (Plowe Engineering, Inc.), dated January 13, 2005. f) Marshan Lakeview, Preliminary Utility Plan, Sheet C2, (Plowe Engineering, Inc.), dated December 13, 2004. Review comments are as follows: General Comments 1) Because the property is residential and less than 5 acres, review and approval of the Rice Creek Watershed District (RCWD) would normally not be required. In addition, it does not appear that there will be any filling into delineated wetland areas. However, as previously stated, because the property is located directly adjacent to a DNR protected water ( Marshan Lake), a review by RCWD will be necessary. The plan does indicate efforts to attain quality for surface water runoff by proposing a detention area prior to discharging to Marshan Lake. Copies of correspondence with RCWD muss be provided. An Employee Owned Compan _ 9 7 _ 9 Affirmative Action and Equal Opportunity • • • Marshan Lakeview /Funkhouser Estates City of Lino Lakes, Minnesota Page 2 January 21, 2005 2) The proposed site development results in grading (disturbing of property) of over 1.0 acre. The development shall therefore be subject to the requirements of NPDES (National Pollution Discharge Elimination System) as most recently adopted by the Minnesota Pollution Control Agency (MPCA) and the City of Lino Lakes. The applicant shall therefore be responsible for retaining and administering a Stormwater Pollution Prevention Plan (SWPPP) in accordance with State of Minnesota law. Grading 1) As noted in the previous review, a drainage concern was expressed with regards to Lots 2 and 3 of Block 1. Although the grading plan does indicate an acceptable routing of runoff, special care must be taken during actual construction and fmal grading to assure that drainage between the two units is attained. 2) As mentioned in the previous review, the applicant shall ascertain the adequacy of the existing soils for the roadway, utility, and house constructions. No soil or geotechnical report is provided. Although the Resource Inventory Survey identifies fine sands for much of the site, any imported material for the site shall be subject to the approval of the City Engineer. In addition, floor elevations for the proposed housing units must meet the requirements of the City of Lino Lakes as follows: The lowest building opening must be a minimum of 1 -foot higher than detention basin emergency overflow elevation. Basement floor elevations must be at least 4 -feet above the normal water elevation and 2 -feet above the design flood level. The applicant shall be responsible for attaining any permits as required for de- watering. Utilities 1) It is proposed to connect to existing sanitary sewer and water, recently constructed on Marshan Lane. The applicant shall be aware that the sewer is relatively shallow and that low floor elevations and sewer plumbing for the proposed housing units must be designed accordingly. A sewer forcemain service has therefore been proposed for Lot 1. 2) The applicant shall be responsible for the coordination of private utilities (electric, gas, cable, etc. as needed. 3) Individual sanitary sewer and water services for all three units are provided. However, as stated in the previous review, the 6 -inch diameter water main extension shall be revised to 8 -inch diameter in accordance with City standards. The 8X6 reducer proposed at the connection to the existing waterniain should be replaced by an 8 -inch gate valve. Insulation must be provided for all sanitary sewer and water (mains and /or services) that will have less than 7.5 feet of cover over the top of the pipe. A detail for the type and installation of insulation must be provided. Marshan Lakeview /Funkhouser Estates City of Lino Lakes, Minnesota Page 3 January 21, 2005 4) Because the utility main extensions will be owned and maintained by the City, as -built records will be required upon completion. This includes plan and profile views of the sanitary sewer and water. 5) The sanitary sewer and services must be placed a minimum distance from existing wells per Minnesota Department of Health requirements. 6) Further construction details and standard plates of the City of Lino Lakes must be provided, including gate valves, hydrant installations, and references to the Standard Utilities Specifications of the City Engineers Association of Minnesota (CEAM). All sanitary sewer services shall be SCH 40 or SDR 26. 7) The applicant will be responsible for obtaining required permits for utility extensions from the Minnesota Department of Health (MDH), the Minnesota Pollution Control Agency (MPCA), and Metropolitan Council Environmental services (MCES). Other Comments 1) The 30 foot street width and 60 foot wide right of ways as shown are acceptable. The right of way has also been expanded as needed to encompass the existing trail easement. Underlying easements and /or dedications no longer needed will require proper legal vacation or elimination by the applicant as part of the platting process as required by the City and Anoka County. 2) A Tree Preservation plan has been provided, and shall be subject to further requirements as may be provided by the City Forester. 3) The new street extension as shown does not conform directly to City standards. However, the street width and pavement section essentially match the existing Marshan Lane, and are therefore acceptable. Some bituminous curbing will be. necessary to properly direct drainage to the runoff exit location. Provisions must be also provided for maintaining an access and continuation of the existing trail that runs toward City Hall. 4) Thee applicant shall be responsible for the verification of any existing well and septic locations on both the subject property and adjoining properties to assure compliance with the State of Minnesota requirements as previously expressed. • STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: AGENDA ITEM 6G Michael Grochala April 11, 2005 Consideration of Resolution No. 05 -44, Authorizing Preparation of Feasibility Study, West Shadow Lake Drive Street & Utility Improvements. ACTION REQUIRED: 4/5 Vote BACKGROUND The City of Lino Lakes currently has over 84 miles of local streets that need to be maintained. In 1996, the city completed a pavement management study to more efficiently monitor and allocate resources for ongoing maintenance of streets. Included within the study was a plan that identified a phased reconstruction schedule for streets that were deteriorating beyond the scope of general maintenance. • The City began implementation of the phasing plan in 1998 with the reconstruction of streets located in the Lakes Addition development. In 2003 the City completed the feasibility studies for phase 2 of the plan which included the streets within the Shenandoah area and West Shadow Lake Drive, north of Birch Street. These improvements were incorporated into the proposed 2004/2005 Street Improvement Project. • As established in the City Charter, in cases were improvements are proposed to be specially assessed against benefiting properties and where Tess than 100% of the estimated cost of the proposed improvement is to be paid for by special assessments, connection charges, or any outside funding sources other than the City general fund, the proposed project must be submitted to the voters of the City for approval. The 2004/2005 Street Improvement project was submitted to the voters in the 2003 general election and failed. Following the election TKDA, the City's Engineer, completed an updated Pavement Management Report, which includes condition ratings of each city street to prioritize rehabilitation and /or reconstruction of roadways. While the overall Pavement Management Program is still being developed, TKDA's report identified the importance of timely maintenance and the need for reconstruction of certain streets within the City. The streets within the Shenandoah Area and West Shadow Lake Drive, Sandpiper Drive, and Shadow Court continue to warrant consideration for reconstruction. As such, and given the initial costs incurred (2003 • • Feasibility Studies) the City is currently proposing to move forward with the same two projects for consideration by the voters of the City in 2005. At the March 9th 2005 City Council work session, the council requested that sanitary sewer and water improvements be evaluated as part of the project. There is currently no sanitary sewer service to properties abutting West Shadow Lake Drive, Sandpiper Drive and Shadow Court. The streets within the Shenandoah Area are serviced by sanitary sewer but do not have access to municipal water. As such, TKDA has prepared a proposal to update the existing feasibilities studies for the proposed improvements, including sanitary sewer and water main improvements. The City Council authorized preparation of the Shenandoah Area Feasibility study on March 28, 2005. TKDA is proposing to complete the work for the West Shadow Lake Drive Area for a not to exceed fee of $55,000. The scope of work includes costs associated with surveying and soil borings, three council meetings, three neighborhood meetings for the project area and determination of proposed individual lot assessments. Additional services outside of the proposed scope of work will require amendment of the agreement. Comprehensive Plan & Zoning Implications The proposed extension of sanitary sewer and water into the West Shadow Lake Drive area does create conflicts with the City's existing Comprehensive Plan. The plan currently guides the area as Low Density, Unsewered Residential. The council should be aware that a Comprehensive Plan Amendment will be required to service the area with municipal sanitary sewer and water. Additionally, portions of the project area will require the allocation of MUSA. It should also be noted that the project area is currently zoned Rural. Staff anticipates that a comprehensive plan amendment and extension of public utilities to the area will generate requests for rezoning to a sewered residential district (R -1, R -1X etc.) to allow for resubdivision of individual parcels. The potential for resubdivision will be a large factor in determining proposed individual lot assessments. The Growth Management Ordinance also creates some uncertainty as to when property owners could subdivide their property. This may also impact the City's ability to specially assess large lots on the basis for future development potential. This issue will require further review by the City Attorney. Funding The feasibility study is proposed to be funded, on an interim basis, from the City's Trunk Utility Area and Unit Fund. If the project is accepted by the benefiting property owners and approved by the voters these costs will be recovered through assessments and voter approved tax levy. In the event that the project is not approved, the City will not be able to recover these costs. The council should be aware that the trunk utility fund cannot continue to absorb these engineering costs without a dedicated repayment • • • source. The most likely source will be a general fund levy. RECOMMENDATION Staff is recommending approval of Resolution No. 05 -44. ATTACHMENTS 1. Resolution No. 05 -44 • • CITY OF LINO LAKES RESOLUTION NO. 05 -44 RESOLUTION AUTHORIZING PREPARATION OF FEASIBILITY STUDY FOR WEST SHADOW LAKE DRIVE STREET AND UTILITY IMPROVEMENTS. WHEREAS, it is proposed to improve West Shadow Lake Drive from Birch Street to the north dead end, Sandpiper Drive from West Shadow Lake Drive to the cul -de -sac, and Shadow Court from West Shadow Lake Drive to the cul -de -sac by sanitary sewer and water installation and street reconstruction, and WHEREAS, the City proposes to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota States, Chapter 429, and Chapter 8 of the Lino Lakes City Charter. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. That the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost - effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the Lino Lakes City Council this 28th day of March, 2005. Ann Blair, City Clerk John J. Bergeson, Mayor • AGENDA ITEM 6Hi STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: April 11, 2005 TOPIC: Resolution No. 05 -54, Accepting Bids and Awarding Construction Contract, Well No. 5 Drilling VOTE REQUIRED: 3/5 Vote Required BACKGROUND: Sealed bids were received and publicly opened at 10:00 a.m. on March 29, 2005. The results of the bid opening are presented below. City Council action is required to award a construction contract to the lowest responsible bidder. Contractor Amount of Bid EH Renner & Sons $158,825.00 Bergerson - Caswell $194,500.00 Engineer's Estimate $174,000.00 The low bid is approximately 9% below the Engineer's Estimate for this project. A copy of the complete bid tabulation is attached. This 9% overage falls within the 10% contingency budgeted for the project. The final completion date for this project is August 19, 2005. OPTIONS: 1. Return to staff for further review. 2. Adopt Resolution Number 05 -54, Accepting Bids and Awarding a Construction Contract to EH Renner & Sons for Well No. 5. 3. Not adopt Resolution No. 05 -54. RECOMMENDATION: Option No. 2 - Staff recommends adoption of Resolution Number 05 -54. • CITY OF LINO LAKES RESOLUTION NO. 05 -54 RESOLUTION ACCEPTING BIDS AND AWARDING A CONSTRUCTION CONTRACT — WELL NO. 5. WHEREAS, pursuant to an advertisement for bids for the construction of the Well No. 5 project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Contractor Amount of Bid EH Renner & Sons $158,825.00 Bergerson - Caswell $194,500.00 Engineer's Estimate $174,000.00 AND WHEREAS, it appears that EH Renner & Sons is the lowest responsible bidder; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with EH Renner & Sons, in the name of the City of Lino Lakes for the construction of the Well No. 5 project according to the plans and specifications approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the Lino Lakes City Council this 11th day of April 2005. Ann J. Blair, City Clerk John J. Bergeson, Mayor a) m co L. TKDA ENGINEERS • ARCI IITECTS - PLANNERS V) O O ZW Z ° O J Z O 2m Z wu)M O O p gz Q ROz J ET) 0. 1c7; 0� z }� 0 0 BIDS OPENED: MARCH 29, 2005, AT 10:00 AM o 0 O O 0 0 0 r 69 f► o o o o 0 0 0 r w 0 0 0 0 vi 0 0 fA 10 10 0") 0 0 O 0 0 00 0 0 "DENOTES ERROR IN BIDDERS CALCULATION 1- z 0 0 00 0 0 N M 0 O O 00 r e 4 w DESCRIPTION wZ 0 0 0 0 O CD CD O. a 1 m No 4) • tC u o O N N LL o d � C y 0 a, N ° o O. m �O JCM 17 O cp e0 a? 'O E E t :a o c. = C9 m 0 a) aaj V p ) o 0. w CL CO CO TOTAL BID AMOUNT AGENDA ITEM 6Nii STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: April 11, 2005 TOPIC: Resolution No. 05 -55, Declare Intent to Bond, Well No. 5. VOTE REQUIRED: 3/5 Vote required BACKGROUND: The City is required to declare its intent to reimburse project costs from bond proceeds prior to encumbering project costs. This is a non - binding declaration that must take place in order to finance projects in this manner. The Well No. 5 Improvements project may be financed through bond proceeds. At this time, it is uncertain if the City will bond for the well drilling or the pumphouse structure construction. The City Finance department is reviewing the long -term cash flow of the Trunk and Area Fund that will pay for this project and they want to have the bonding possibility if it means the most financially responsible payment of this project. Again, this is a non- biding declaration. OPTIONS: 1. Return to staff for further review. 2. Adopt Resolution No. 05 -55, Declare the City's Intent to Bond for Well No. 5. 3. Not adopt Resolution No. 05 -55. RECOMMENDATION: Option No. 2 - Staff recommends that Resolution No. 05 -55 be adopted. • CITY OF LINO LAKES, MINNESOTA RESOLUTION NO. 05-55 DECLARING THE OFFICIAL INTENT OF THE CITY OF LINO LAKES TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY WHEREAS, the Internal Revenue Service has issued Treas. Reg. § 1.150 -2 (the "Reimbursement Regulations ") providing that proceeds of tax- exempt bonds used to reimburse prior expenditures will not be deemed spent unless certain requirements are met; and WHEREAS, the City expects to incur certain expenditures that may be financed temporarily from sources other than bonds, and reimbursed from the proceeds of a tax - exempt bond; WHEREAS, the City has determined to make this declaration of official intent ( "Declaration ") to reimburse certain costs from proceeds of bonds in accordance with the Reimbursement Regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES AS FOLLOWS: The City proposes to undertake the following project (the "Project "). Well No. 5 Improvements 2. The City reasonably expects to reimburse the expenditures made for certain costs of the Project from the proceeds of bonds in an estimated maximum principal amount of $750,000.00. All reimbursed expenditures will be capital expenditures, costs of issuance of the bonds, or other expenditures eligible for reimbursement under Section 1.150- 2(d)(3) of the Reimbursement Regulations. 3. This Declaration has been made not later than 60 days after payment of any original expenditure to be subject to a reimbursement allocation with respect to the proceeds of bonds, except for the following expenditures: (a) costs of issuance of bonds; (b) costs in an amount not in excess of $100,000 or 5 percent of the proceeds of an issue; or (c) "preliminary expenditures" up to an amount not in excess of 20 percent of the aggregate issue price of the issue or issues that finance or are reasonably expected by the City to finance the project for which the preliminary expenditures were incurred. The term "preliminary expenditures" includes architectural, engineering, surveying, bond issuance, and similar costs that are incurred prior to commencement of acquisition, construction or rehabilitation of a project, other than land acquisition, site preparation, and similar costs incident to commencement of construction. • 4. This Declaration is an expression of the reasonable expectations of the City based on the facts and circumstances known to the City as of the date hereof. The anticipated original expenditures for the Project and the principal amount of the bonds described in paragraph 2 are consistent with the City' s budgetary and financial circumstances. No sources other than proceeds of bonds to be issued by the City are, or are reasonably expected to be, reserved, allocated on a long -term basis, or otherwise set aside pursuant to the City's budget or financial policies to pay such Project expenditures. 5. This Declaration is intended to constitute a declaration of official intent for purposes of the Reimbursement Regulations. • Attest: Approved by the City Council of the City of Lino Lakes this 1 lth day of April, 2005. City Clerk, Ann. Blair SJB- 254624v1 LN 140 -87 - 1 1 0 - CITY OF LINO LAKES, MINNESOTA Mayor, John Bergeson