Loading...
HomeMy WebLinkAbout05/29/2001 Council Packet• AGENDA UPDATED CITY OF LINO LAKES Tuesday May 29, 2001 6:30 P.M. Call to Order and Roll Call: - Setting the Agenda: Are there any items to be added or deleted from the Agenda? 1. Consent Agenda — A) Consideration of Expenditures: i) May 29, 2001 (Check No. 61825 through 61927 in the amount of $189,994.79) ii) Centennial Fire District • 2. Open Mike 3. Finance Department Report, Al Rolek A) 2000 Audit Report, Larson, Allen, Weishair & Co., LLP B) Resolution 01 -73 Calling for a Public Hearing on a Business Subsidy Policy and authorizing Staff to draft a Business Subsidy Policy C) Consideration of authorizing Staff to draft a Tax Abatement Policy D) Resolution 01 -74 Calling for a Public Hearing regarding Granting a Tax Abatement for the Marketplace Development Area and authorizing Staff to draft a Tax Abatement Resolution E) Consideration of authorizing Staff to draft a Business Subsidy Agreement for the Marketplace Development. 4. Administration Department Report, Dan Tesch A) Conditional Job Offer to Part-time Seasonal Building Inspector 5. Public Safety Department Report, Dave Pecchia 411 6. Public Services Department Report, Rick DeGardner Page 1 AGENDA • 7. Community Development Department Report • • A) Second Reading, Ordinance 06 -01, Park Dedication Fees, (4/5 Vote Required) Al Brixius (NAC) B) First Reading, Ordinance 01 -01, Rezoning Lot 13 Block 2 Sunset Oaks (4/5 Vote Required); First Reading, Ordinance 02 -01, Comprehensive Plan Amendment to Allocate 2.55 Acres of MUSA Reserve (4/5 Vote Required); and Resolution 01 -06 Approving Preliminary Plat for Behm's Farm Park Addition, (3/5 Vote Required), Century Farms Development, John Powell C) Resolution 01 -69 Approving a Variance To Allow an Accessory Building Closer to the Front Lot Line Than the Principal Building, 2088 80`h Ave., John Cartier, (3/5 Vote Required), John Powell D) PUBLIC HEARING, Second Reading, Ordinance 07 -01, Vacating an Easement on Lot 11, Block 1, Lino Air Park North, (4/5 Vote Required), John Powell E) PUBLIC HEARING, 21st Avenue Street & Storm Sewer Improvements, (3/5 Vote Required) John Powell F) Resolution No. 01 -71, Approve Lino Lakes Marketplace EAW for Distribution, (3/5 Vote Required), John Powell G) Site Plan Review, Lino Lakes Correctional Facility, John Powell H) Resolution No. 01 -70, Receive CSAH 23 Corridor Development Impact Study, (3/5 Vote Required), John Powell 8. Unfinished Business A) May 9, 2001 Work Session Minutes B) May 14, 2001 City Council Meeting Minutes 9. New Business 10. Community Calendar, May 30 through June 11, 2001: A) Wednesday, May 30, 2001, 5:30 p.m., Special Council Finance Work Session B) Wednesday, May 30, 2001, 6:30 p.m., Environmental Board Meeting C) Monday, June 4, 2001, 6:30 p.m., Park Board Meeting Page 2 AGENDA D) Wednesday, June 6, 2001, 5:30 p.m., Council Work Session E) Thursday, June 7, 2001, 7:00 a.m., EDAC F) Monday, June 11, 2001, 6:30 p.m., City Council Meeting 11. Adjourn Revised 5/23/01 jds 12:17 p.m. • • MAY -24 -2001 11:14 NHL b1G J7J 7f7Jr r.YJC�1J INORTIWINIEST A$$OCMil1!ID CONSULTANT$,, 1 4 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com MEMORANDUM TO: Jeff Smyser FROM: Alan Brixius DATE: May 24, 2001 RE: Lino Lakes - Park and Trail Dedication FILE NO: 194.02 - 01.03 BACKGROUND At the May 23, 2001 City Council workshop, Council member Donna Carlson inquired how the new per unit park dedication fee of $1,380 compared to current collections. The current park dedication formula requires single family subdivisions to provide a 10 percent land dedication or 10 percent of the land value. This formula is shown below: Cash Average Land Average Density Contribution Value (year 2001) (2.1 units per acrel Per Year $28,000 X 10% = $2,800 T 2.1 = $1,333.00 The proposed park dedication of $1,380 is $47 higher than current collections. The $1,380 was generated by assuming $2,614 per acre for commercial /industrial properties. If the City Council wished to place a greater burden for park land dedication on residential growth, an adjustment may be considered as follows. This adjustment would serve two objectives: (1) The residential growth which stimulates the greater park demand would carry more of the financial responsibility. (2) The lower park charge on commercial /industrial lands will help in economic development efforts. • • • • MAY -24 -2001 11:14 NRC SECOND PARK DEDICATION FEE ALTERNATIVE b1� 5y5 'Jd.5( An alternative to the calculation in the May 22, 2001 report for commercial /industrial park land dedication is as follows. The May 22, 2001 report utilized the existing subdivision park dedication amount of $200 per 1,000 square feet of commercial and industrial floor space. This provided a conservative estimate of park land dedication. The current Subdivision Ordinance, however, offers two levels of park land dedication ($200 per 1,000 square feet of manufacturing and $133 per 1,000 square feet of warehousing). See pages 172 and 173 of the Subdivision Ordinance. The City Council may wish to take the average of these figures which would be $166.50 per 1,000 square feet of floor area. This average charge per 1,000 square feet of floor area translates into the following per acre park dedication charge: 1 acre (43,560 square feet) X 30% building coverage = 13,068 square feet 1,000 (current square foot standard) = 13.068 X $166.50 (average park dedication charge) = $2,175 per acre. If the City Council reduces the commercial /industrial park land fee from $2,614 to $2,175, it can anticipate $2,827,500 will be generated. This dedication would reduce the burden on residential property, as shown below: Total Park and Trail System Costs $22,965,399 50% of the Total System Costs to be Paid by Existing Development $11,482,700 50% of the Total System Costs to be Paid by Future Development $11,482,700 Commercial /Industrial Portion $ 2,827,500 Residential Portion $ 8,655,200 Park Cost Per Residential Unit Based Upon Total Projected Park System Cost (at full development) Total Lino Lakes Persons Saturation Per Population Household 30,000 T 2.7 = 11,111 Total Households /Buildout - 5,255 - Existing Households 2 5,856 Future Households • • MAY -24 -2001 11:14 NAC 612 595 9837 P.04/13 $8,655,200 (residential portion of future park cost) _ 5,856 (future households) _ $1,478 (park cost per unit) CONCLUSION The May 22, 2001 memorandum includes a new park land dedication ordinance and a resolution for establishing park dedication fees. After the Council discussion at its May 23, 2001 workshop, we have offered a second option for the park land fees by resolution. If the City Council feels that the residential properties should be more responsible for the costs of park and trail development, this second option may be considered. Based on our analysis of the park land standards, we are comfortable that both alternatives are reasonable and enforceable. We have attached a resolution outlining the second fee schedule for the park land dedication for your consideration. 3 MAY-24-2001 11:15 01- • Council Member NAC 612 595 9837 P.05/13 Option 1 introduced the following resolution and moved its adoption. CITY OF LINO LAKES RESOLUTION NO. O1- RESOLUTION APPROVING PARK DEDICATION FORMULA'S AND FEES.FOR RESIDENTIAL, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS. WHEREAS, NAC, Inc., conducted a detailed Park and Trail Dedication Study for the City of Lino Lakes dated April 3, 2001 to review park and trail dedication standards based upon development of the system identified in the Comprehensive Park and Trail Plan; and WHEREAS, the study recommended that the City Subdivision Ordinance be amended to reflect dedication language provided by Minnesota Statutes and to establish park dedication fees that are proportional to the impact that projects will generate on the park and trail system; and WHEREAS, the Park and Trail Dedication Study determined that the 2001 land value for the purpose of calculating park dedication fees is $28,000 per acre; and WHEREAS, the Park and Trail Dedication Study determined that the park and trail impact per residential unit is $1,380; and WHEREAS, the Park and Trail Dedication Study determined that the commercial industrial park and trail impact per acre is $2,614; and WHEREAS, the City Subdivision Ordinance has been amended to allow for individual determinations of park impact per development if requested by the applicant; and WHEREAS, the City of Lino Lakes will periodically review land values and park and trail infrastructure costs and amend the dedication fees /standards accordingly. NOW, THEREFORE BE IT RESOLVED, that the Lino Lakes City Council hereby establishes the following park dedication fees for residential, commercial and industrial development: Residential Charge - Commercial/Industrial Charge - $1,380 per unit $2,614 per acre Adopted by the Lino Lakes City Council this day of , 2001 MAY -24 -2001 11:15 • ATTEST: • • NAC 612 595 9837 P.06/1.5 Jean V ger, Deputy Clerk John J. Bergeson, Mayor Option 1 The motion for adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared passed and adopted. • • MAY-24-2001 11:15 01- Council Member NAC b12 b 3 '*d.i'( N. 1( /1.S Option 2 introduced the following resolution and moved its adoption. CITY OF LINO LAKES RESOLUTION NO. 01- RESOLUTION APPROVING PARK DEDICATION FORMULA'S AND FEES FOR RESIDENTIAL, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS. WHEREAS, NAC, Inc., conducted a detailed Park and Trail Dedication Study for the City of Lino Lakes dated April 3, 2001 to review park and trail dedication standards based upon development of the system identified in the Comprehensive Park and Trail Plan; and WHEREAS, the study recommended that the City Subdivision Ordinance be amended to reflect dedication language provided by Minnesota Statutes and to establish park dedication fees that are proportional to the impact that projects will generate on the park and trail system; and WHEREAS, the Park and Trail Dedication Study determined that the 2001 land value for the purpose of calculating park dedication fees is $28,000 per acre; and WHEREAS, the Park and Trail Dedication Study determined that the park and trail impact per residential unit is $1,478; and WHEREAS, the Park and Trail Dedication Study determined that the commercial /industrial park and trail impact per acre is $2,175; and WHEREAS, the City Subdivision Ordinance has been amended to allow for individual determinations of park impact per development if requested by the applicant; and WHEREAS, the City of Lino Lakes will periodically review land values and park and trail infrastructure costs and amend the dedication fees/standards accordingly. NOW, THEREFORE BE IT RESOLVED, that the Lino Lakes City Council hereby establishes the following park dedication fees for residential, commercial and industrial development: Residential Charge - Commercial/Industrial Charge - $1,478 per unit $2,175 per acre Adopted by the Lino Lakes City Council this day of , 2001 MAY-24 -2001 11:15 • ATTEST: NAC b1� b yasr r.ea�ls Jean Viger, Deputy Clerk John J. Bergeson, Mayor Option 2 The motion for adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof The following voted against same: Whereupon said resolution was declared passed and adopted. MAY -24 -2001 11:15 NAC b12 5y5 yd.sr r. byi1.3 • 01 -06 Council Member introduced the following ordinance and moved its adoption. • • CITY OF LINO LAKES ORDINANCE NO. 01-06 AN ORDINANCE AMENDING SECTION 1001 OF THE CITY CODE REGARDING SUBDIVISION AND PLATTING TO MODIFY PARK DEDICATION REQUIREMENTS. The City Council of the City of Lino Lakes, Anoka County, Minnesota, does ordain as follows: Section 1001.14 of the City Code is hereby amended to delete the existing provisions and add the following requirements: 1001.14 Property Dedication. Subdivision 1. A portion of any subdivision shall dedicate to the City a reasonable portion of the proposed subdivision for public streets, roads, utility easements, water facilities, storm water drainage and holding areas or ponds and other similar utilities and improvements. Subdivison 2. As a prerequisite to any subdivision approval, and at the sole determination by the City, applicants and/or developers shall dedicate land for parks, playgrounds, public open spaces or trails and/or shall make a cash contribution to the City's park dedication fund roughly related to the anticipated effect of the subdivision on the park and trail system. The amounts listed in this Section are the City's best estimate of the dedication or cash contribution needed to offset the effect of the subdivision on the park and trail system. The requirement may also be met with a combination of land and cash if approved by the City Council. Subdivision 3. Land shall be reasonably suitable for its intended use and shall be at a location convenient to the people to be served. Factors used in evaluating the adequacy of proposed park and recreation areas shall include size, shape, topography, geology, hydrology, tree cover, access and location, and future park needs pursuant to the Comprehensive Plan, Wetlands, ponding areas, and drainage ways shall not be eligible for park dedication credit. Park land to be dedicated shall be above the ordinary high water level. Grades exceeding twelve (12) percent or areas unsuitable for park development shall not be considered for dedication. Land with trash, junk, pollutants and/or unwanted structures is not acceptable. • • MAY -24 -2001 11:16 NAC b12 5y5 yt3.S( F'.10/16 Ordinance 01 -06, Park Dedication page 2 Subdivison 4. The applicant shall confer with City Staff and the Park Board at the time the preliminary plat is under consideration, to secure a recommendation as to the location of any property that should be dedicated to the public, such as parks, playgrounds or other public property. The preliminary plat shall show the location and dimensions of all areas to be dedicated in this manner. Such contribution requirement recommendation(s) will be sent to the Planning Commission for review and comment and subsequently to the City Council for their approval. Subdivision 5. When a proposed park, playground, recreation area or other public ground has been indicated in the City's official map or Comprehensive Plan and is located in whole or in part within a proposed plat, it shall be dedicated to the appropriate governmental unit. If the applicant elects not to dedicate an area in excess of the land required hereunder for such proposed public site, the City may consider acquiring the excess land through purchase or condemnation. Subdivision 6. Where private open space for park and recreation purposes is provided in a proposed subdivision, such areas may be used for credit, at the discretion of the City Council, against the land or cash dedication requirement for park and recreation purposes, provided the City Council finds it is in the public interest to do so. Subdivision 7. The City, upon consideration of the particular type of development, may require that a lesser parcel of land should be dedicated due to particular features of the development. In such cases, a cash contribution shall be required above the land dedication to ensure that compensation is received for the full amount of the impact on the City's park and trail system. Subdivision 8. In all new residential, commercial and industrial subdivisions, ten (10) percent of the area subdivided shall be dedicated for public recreation space or other public use as established by City Council resolution. A different percentage may be applied as the City Council shall determine to be reasonably necessary as a result of the subdivision approval. This ten percent shall be calculated on the net area, which is the gross area of the subdivided property minus the area in wetlands. The land dedicated for public recreation shall be in addition to property dedicated for streets, alleys, easements, or other public ways. No areas may be dedicated for public use until such areas have been approved by the City Council as suitable and necessary for the health, safety, convenience and general welfare of the City. Subdivision 9. When a subdivision is proposed, the developer shall make a dedication of land for public park and trail use, as provided for in Subdivision 8, of this Section, or shall pay a fee in lieu of such land dedication as established by City Council resolution. Said amount is the City's best estimate of the effect of the subdivision on the City's park system. • MAY -24 -2001 11:16 NAC 612 595 9837 F.11/1,5 Ordinance 01 -06, Park Dedication page 3 Subdivision 10. All and proposed for trail and/or bikeway dedication shall be subject to the recommendations of the Park Board and approval of the City Council. Subdivision 11. The City may elect at its sole discretion to receive a combination of cash, land, and development of the land for park and/or trail use. Combined park land and cash dedications shall be calculated based upon the following: 1. At the time of subdivision, a yield plan will be prepared demonstrating the total number of units/lots possible within the development without a park. This figure is then multiplied by the residential per unit park dedication charge (established by City Council Resolution). The result of this calculation is equal to the total cash value of the park dedication for the residential project. The formula is outlined as follows: a. Buildable Acres (less wetlands, right -of -way, waterbodies etc.) x Average Density = Number of Units/Lots. b. Number of Units/Lots x Residential Unit Cash Charge = Total Cash Contribution for the Subdivision. • 2. Land Value Determination. The value of the land dedication is determined based upon the following formula: a. Total Land Dedication Acres x Land Value = Total Land Value 3. To determine the combined land and cash dedication requirement, the following formula should be used: a. Total Cash Contribution for Subdivision — Land Value for Park Land = Balance of Cash Contribution. Subdivision 12. Planned unit developments with mixed land uses shall make cash and /or land contributions in accordance with this Section based upon the percentage of land devoted to the various uses. Subdivision 13. Park cash contributions are to be calculated and established based on land value at time of final plat. Cash dedications shall be included in the development agreement and paid prior to the City's signature of and release of the final plat. For subdivisions that do not require a development agreement, the cash dedication shall be paid before the City releases the signed approval of the subdivision for recording. • MRY -24 -2001 11:16 NRU b1e vJ r.iv/1i Ordinance 01 -06, Park Dedication • page 4 Subdivision 14. Cash contributions for parks and trails shall be deposited in either the City's Park Fund or multi- purpose trail fund and shall only be used for park acquisition or development, and trail acquisition or development as determined by the City. Subdivision 15. Property being replatted with the same number of lots and same number of dwelling units shall be exempt from all park land dedication requirements. If the number of lots or the number of dwelling units is increased, or if land outside of the previously recorded plat is added, then the park land dedication and/or park cash contributions shall be based on the additional units/lots and on the additional land being added to the plat. Subdivision 16, If the applicant or developer does not believe that the estimates contained in this Section fairly and accurately represent the effect of the subdivision on the park or trail system of the City, the applicant or developer may request that the City prepare an in- depth study of the effect of the subdivision on the park and trail system an estimate of that effect in money and/or land. All costs of such study shall be paid by the developer or applicant. If the developer requests the preparation of such a study, no application for the development shall be deemed complete until the study has been completed and a determination is made as to the appropriate amount of land or money necessary to offset the effects of the subdivision. II. Effective Date This Ordinance shall be effective following its passage and publication as required by City Charter. Adopted by the Lino Lakes City Council this day of 2001 By: John Bergeson, Mayor ATTEST: Jean Viger, Deputy Clerk The notion for adoption of the foregoing ordinance was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof MAY -24 -2001 11:17 • NRC The following voted against same; Whereupon said ordinance was declared passed and adopted. s 612 595 9637 H.13/13 Ordinance 01 -06, Park 1pdication page 5 TOTAL P.13 • EXPENDITURES MAY 29, 2001 • • Date: 05/22/2001 Time: 12:01:46 CITY OF LINO LAKES FM Entry - Invoice Journal Ranges: • Options: Vendor # Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 1758 - 1761 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Detail / Summary: S Name Operator: JAL Page: 1 Invoice Status: A # of copies: 1 Sort: N Check Over Expend: N # of items Discount Net Gross Discount Lost 000082 J. H. LARSON COMPANY, INC. 000100 AID ELECTRIC SERVICE, INC. 000116 LODICO, SCOTT & KAREN 000134 BOLDT, ROBERT 000162 BARNA, GUZY & STEFFEN, LTD. 000210 AMERICAN FASTENER & SUPPLY 000261 HERNDON, KIM 000264 MIDWEST DELIVERY SERVICE, INC. 000295 HARRIS COMPANIES, INC. 000303 INSTRUMENTAL RESEARCH, INC. 000318 AMERIPRIDE LINEN /APPAREL SERVICES, INC. 0• LAND TITLE 000528 QWEST 000620 BEACON BALLFIELDS DIVISION OF 000647 DINN BROS. 000648 HOULE, MARTHA 000649 HALL, MARY -SHOW FOR PIPSQUEEKS 000650 LIPSKA, DARYL 000652 MERRILL, BRENDA 000653 NORTHSTAR TURF 000654 REIERSON, RICK 000655 THOMPSON, ROBERT • 1 1 1 1 1 2 1 1 2 1 2 1 2 1 1 1 1 1 1 1 1 1 125.13 125.13 .00 .00 42.28 42.28 .00 .00 26.00 26.00 .00 .00 108.25 108.25 .00 .00 135.55 135.55 .00 .00 152.21 152.21 .00 .00 22.00 22.00 .00 .00 23.05 23.05 .00 .00 660.00 660.00 .00 .00 70.00 70.00 .00 .00 143.52 143.52 .00 .00 1,226.85 1,226.85 .00 .00 163.23 163.23 .00 .00 231.40 231.40 .00 .00 274.00 274.00 .00 .00 500.00 500.00 .00 .00 325.00 325.00 .00 .00 900.00 900.00 .00 .00 35.00 35.00 .00 .00 244.27 244.27 .00 .00 600.00 600.00 .00 .00 750.00 750.00 .00 .00 Date: 05/22/2001 Vendor # -111/1 Time: 12:01:47 Name CITY OF LINO LAKES FM Entry - Invoice Journal Operator: JAL Page: 2 Discount # of items Net Gross Discount Lost 000656 BENING, ROBERT 1 365.27 365.27 .00 .00 000657 DEUTSCH, NANCY LANGER 1 80.00 80.00 .00 .00 000658 GOODMANSON, JEFFREY AND DUNETTE 1 53.79 53.79 .00 .00 000659 GUPTA, TUSHAR AND MANGALICK 1 57.23 57.23 .00 .00 000666 METROPOLITAN STATE UNIVERSITY 1 95.00 95.00 .00 .00 000667 TRYGG LAND OFFICE 1 10.39 10.39 .00 .00 000680 BEST ACCESS SYSTEMS OF MINNESOTA, I 2 91.57 91.57 .00 .00 000720 BLAINE, CITY OF 1 559.65 559.65 .00 .00 000780 BRAD RAGAN, INC. 1 93.66 93.66 .00 .00 000880 BRYAN ROCK PRODUCTS, INC. 1 3,515.98 3,515.98 .00 .00 000922 BURSACK, ELIZABETH 1 121.37 121.37 .00 .00 000930 WILLIAM G. HAWKINS & ASSOCIATES 2 22,648.70 22,648.70 .00 .00 000950 C. W. HOULE, INC. 2 9,396.89 9,396.89 .00 .00 000960 CAPITOL CITY WELDING, INC. 1 81.89 81.89 .00 .00 000980 UNITED RENTALS, INC. 1 73.00 73.00 .00 .00 001050 CENTENNIAL SCHOOLS 1 2,080.00 2,080.00 .00 .00 0110 CENTER FRAME AND WHEEL ALIGN, INC. 1 62.50 62.50 .00 .00 001208 COPY EQUIPMENT, INC. 2 199.28 199.28 .00 .00 001255 CY'S UNIFORMS, INC. 1 260.42 260.42 .00 .00 001260 D.C.A. INC. 1 241.80 241.80 .00 .00 001267 CUSHMAN MOTOR VEHICLES, INC. 1 378.47 378.47 .00 .00 001292 DEHN OIL COMPANY, INC. 3 7,084.99 7,084.99 .00 .00 001349 E. H. RENNER & SONS, INC. 2 79.82 79.82 .00 .00 001350 E. G. RUD & SONS, INC. 1 1,311.75 1,311.75 .00 .00 001480 HAWKINS WATER TREATMENT GROUP, INC. 1 20.00 20.00 .00 .00 001504 U. S. BANK TRUST NATIONAL ASSOCIATION 1 900.00 900.00 .00 .00 001506 FIRSTAR BANK USA, N.A. 1 3,447.27 3,447.27 .00 .00 • Date: 05/22/2001 Time: 12:01:50 CITY OF LINO LAKES FM Entry - Invoice Journal Vendor # -41111 Name Operator: JAL Page: 3 Discount # of items Net Gross Discount Lost 001584 FUNKHOUSER, JAMES & JUDITH 1 2,317.58 2,317.58 001621 GREG LARSON SPORTS - GLS, INC. 1 83.36 83.36 001630 GOA COMPANY, INC. 1 449.86 449.86 001680 GOPHER STATE ONE -CALL, INC. 1 112.00 112.00 001860 KENNEDY AND GRAVEN, INC. 1 90.00 90.00 001971 INFRATECH TECHNOLOGIES, INC. 2 1,204.88 1,204.88 002100 JULEEN DESIGNS, INC. 1 321.25 321.25 002149 KIT AND KABOODLE 1 550.00 550.00 002180 KRUEGER INTERNATIONAL 1 759.64 759.64 002230 DIVINE, MARY 1 55.04 55.04 002270 LAKESIDE AUTO & PAINT, INC. 1 508.53 508.53 002565 METRO ATHLETIC SUPPLY, INC. 1 234.19 234.19 002570 METRO COUNCIL WASTEWATER SERVICES 1 56,513.67 56,513.67 002611 MID - AMERICA BUSINESS SYSTEMS, INC. 1 2,250.00 2,250.00 002700 MINNEGASCO ACCOUNTS PAYABLE, INC. 1 1,223.92 1,223.92 002743 BCA /FORENSIC SCIENCE LABORATORY 1 200.00 200.00 0. MINNESOTA PETROLEUM SERVICE, INC. 1 38.73 38.73 002900 MN. DEPARTMENT OF SAFETY 2 2,100.49 2,100.49 003050 MRPA 2 2,045.00 2,045.00 003123 NATURE CALLS, INC. 1 679.75 679.75 003250 XCEL ENERGY 2 5,248.48 5,248.48 003285 EHLERS AND ASSOCIATES, INC. 1 218.75 218.75 003442 ORIGINAL KNIGHTS OF ROCK & ROLL, THE 1 900.00 900.00 003524 PITNEY WORKS 1 124.88 124.88 003600 PRESS PUBLICATIONS, INC. 2 225.00 225.00 003661 R & T SPECIALTY, INC. 1 160.30 160.30 003789 RIVARD ELECTRIC COMPANY, INC. 1 123.00 123.00 • .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 Date: 05/22/2001 Time: 12:01:52 Name CITY OF LINO LAKES FM Entry - Invoice Journal Operator: JAL Page: 4 Discount # of items Net Gross Discount Lost 003868 S & S WORLDWIDE, INC. 2 22.26 22.26 003880 SHORT - ELLIOTT - HENDRICKSON, INC. 1 701.51 701.51 003916 SAWYER, CHERYL 1 300.00 300.00 004125 ST. PAUL CITY OF 1 52.89 52.89 004150 STAR TRIBUNE, INC. 1 380.80 380.80 004251 SUBURBAN INSPECTIONS, INC. 1 898.69 898.69 004340 T.A. SCHIFSKY AND SONS, INC. 1 247.42 247.42 004350 T.K.D.A. 22 40,416.97 40,416.97 004400 TESCH, DAN 1 1,069.98 1,069.98 004410 THANE HAWKINS POLAR CHEVROLET, INC. 1 1,034.56 1,034.56 004427 TIMESAVER OFF -SITE SECRETARIAL, INC 2 275.00 275.00 004485 TRIARCO ARTS /CRAFTS INC. 3 108.40 108.40 004540 TWIN CITY GARAGE DOOR CO., INC. 1 350.00 350.00 004620 UNIVERSITY OF MINNESOTA 1 105.00 105.00 004664 VESSCO, INC. 1 67.28 67.28 004671 VERIZON WIRELESS 1 362.96 362.96 00 WARNING LITES OF MN, INC. 1 234.10 234.10 900062 CLAUDE M. ANDERSON ELECTRIC CO. 1 22.50 22.50 900212 ESS BROTHERS & SONS 1 372.50 372.50 900223 REHBEIN TRANSIT, INC. 1 280.00 280.00 900448 GEPHART ELECTRIC COMPANY, INC. 1 3,505.00 3,505.00 900457 TRANS UNION CORPORATION 1 40.00 40.00 900533 QUINLAN PUBLISHING GROUP 1 100.81 100.81 900591 CORPORATE EXPRESS, INC. 1 239.43 239.43 Grand Totals: 141 189,994.79 189,994.79 • .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00* Date: 05/22/2001 Time: 12:07:40 Operator: JAL • Ranges: Fund: Dept Id: Program: Vendor #: Invoice #: Schedule Journal #: Bank #: Cash #: Payroll Check Dates: Page: 1 CITY OF LINO LAKES FM Entry - Invoice Payment - Approval of Bills Options: Check # 0 0 0 0 0 0 0 0 0 0 0 0 0 0 • 0 0 • Print: Report Format: # of copies: Total By Account: (A) (A) (A) (A) (A) (R) 1762 - 1762 (A) (A) (A) D 1 1 Y Sort: D Print Ranges /Options: Y Process Payroll: N Page on Sort: N Vendor Alpha Name Description Dept Amount BENING, ROBERT REIMBURSE ASSESSMENTS * * * * * * ** CLAUDE M. ANDERSON ELE REIMBURSE ELECTRIC PERMI * * * * * * ** FIRSTAR BANK USA, N.A. COMPUTER PURCHASE /AOL ON * * * * * * ** GOODMANSON, JEFFREY AN REIMBURSE ASSESSMENTS GUPTA, TUSHAR AND MANG REIMBURSE ASSESSMENTS HERNDON, KIM HOULE, MARTHA KENNEDY AND GRAVEN, LAND TITLE. LODICO, SCOTT & KAR REIMS ELEC PERMIT /4122 REIMB BLDG ESCROW /1610 IN PROFESSIONAL SERVICES OVERPAID ASSESS /L 1, 3 EN REIMBURSE PROGRAM REC MERRILL, BRENDA METRO COUNCIL WASTEWAT MIDWEST DELIVERY SERVI REIMBURSE PROGRAM REC APRIL SAC /JUNE SEWER DELIVERY SERVICE PRESS PUBLICATIONS, IN ADVERTISING SHORT - ELLIOTT - HENDRICK TRAPPERS CROSSING II T.K.D.A. SADDLE CLUB Total for Dept ** O CENTENNIAL SCHOOLS PROGRAM REC O MRPA TOURNAMENT BERTHS Total for Dept 202 O BLAINE, CITY OF PROGRAM REC O BURSACK, ELIZABETH MILEAGE /SUPPLIES O REHBEIN TRANSIT, INC. PROGRAM REC O S & S WORLDWIDE, INC. TEMPERA PAINT O TRIARCO ARTS /CRAFTS IN FREIGHT Total for Dept 205 0 BURSACK, ELIZABETH MILEAGE /SUPPLIES O GREG LARSON SPORTS - G TEACHING TOWER 0 S & S WORLDWIDE, INC. SUPPLIES 0 TRIARCO ARTS /CRAFTS IN FRAMES Total for Dept 207 O TIMESAVER OFF -SITE SEC MAY 9 * * * * * * ** * * * * * * ** ADULT SP ADULT SP SPECIAL SPECIAL SPECIAL SPECIAL SPECIAL YOUTH IN YOUTH IN YOUTH IN YOUTH IN 365.27 22.50 3,355.00 53.79 57.23 22.00 500.00 60.00 1,226.85 26.00 35.00 25,047.00 23.05 84.00 701.51 7,311.25 38,890.45* 2,080.00 1,945.00 4,025.00* 559.65 59.98 280.00 9.69 58.71 968.03* 43.40 83.36 12.57 49.69 189.02* MAYOR /CO 175.00 Date: 05/22/2001 Time: 12:07:41 Operator: JAL • Check # Page: 2 CITY OF LINO LAKES FM Entry - Invoice Payment - Approval of Bills Vendor Alpha Name Description Dept O BARNA, GUZY & STEFFEN, O D.C.A. INC. 0 DINN BROS. O METROPOLITAN STATE 0 STAR TRIBUNE, INC. O TESCH, DAN O WILLIAM G. HAWKINS O DIVINE, MARY O WILLIAM G. HAWKINS O PRESS PUBLICATIONS, O QUINLAN PUBLISHING Total for Dept 401 PROFESSIONAL SERVICES FLEXIBLE SPENDING ADMINI BRONZE TABLET UNI REGISTRATION /L W SMITH ADVERTISING REIMBURSE LODGING Total for Dept 402 & A MUNICIPAL ATTORNEY Total for Dept 414 MILEAGE /SUPPLIES & A MUNICIPAL ATTORNEY Total for Dept 415 IN ADVERTISING GRO SUBSCRIPTION Total for Dept 416 O BCA /FORENSIC SCIENCE L O CY'S UNIFORMS, INC. 0 MN. DEPARTMENT OF SAFE O PRESS PUBLICATIONS, IN O R & T SPECIALTY, INC. 0 THANE HAWKINS POLAR CH O TRANS UNION CORPORATIO •0 VERIZON WIRELESS O XCEL ENERGY OPERATOR CLASS /KELLY UNIFORM SUPPLIES ADVERTISING DARE SUPPLIES PARTS /SUPPLIES MONTHLY SERVICE MONTHLY SERVICE Total for Dept 420 0 GEPHART ELECTRIC COMPA GENERATOR Total for Dept 421 ADMINIST ADMINIST ADMINIST ADMINIST ADMINIST ADMINIST LEGAL CO ECONOMIC ECONOMIC PLANNING PLANNING MC POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE FIRE O SUBURBAN INSPECTIONS, ELECTRICAL INSPECTIONS BUILDING Total for Dept 422 0 BOLDT, ROBERT 0 BRYAN ROCK PRODUCTS, I 0 NORTHSTAR TURF 0 RIVARD ELECTRIC COMPAN 0 ST. PAUL CITY OF 0 T.A. SCHIFSKY AND SONS O UNITED RENTALS, INC. 0 WARNING LITES OF MN, I 0 XCEL ENERGY REIMBURSE UNIFORM CLASS 5 BOULEVARD MIX REPLACE LAMP ASPHALT MIX ASPHALT SIGNS SIGNALS MONTHLY SERVICE Total for Dept 430 O AMERICAN FASTENER & SU FLEET STOCK ITEMS ALLOWA STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS FLEET Amount 175.00* 135.55 241.80 274.00 95.00 380.80 1,069.98 2,197.13* 22,526.30 22,526.30* 55.04 102.00 157.04* 75.00 100.81 175.81* 200.00 260.42 8.50 27.00 160.30 462.50 40.00 362.96 3.14 1,524.82* 3,505.00 3,505.00* 898.69 898.69* 108.25 3,515.98 244.27 123.00 52.89 247.42 73.00 234.10 287.27 4,886.18* 126.55 Date: 05/22/2001 Time: 12:07:42 Operator: JAL • Page: 3 CITY OF LINO LAKES FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name 0 0 0 0 0 0 0 0 0 0 0 Description Dept Amount BRAD RAGAN, INC. CAPITOL CITY WELDING, CENTER FRAME AND WHEEL DEHN OIL COMPANY, INC. FIRSTAR BANK USA, N.A. GOA COMPANY, INC. PARTS CHEMICALS ALIGNMENT DIESEL FUEL FLEET FLEET FLEET FLEET COMPUTER PURCHASE /AOL ON FLEET OIL /DEPOSIT ON DRUM FLEET JULEEN DESIGNS, INC. GRAPHICS LAKESIDE AUTO & PAINT, REPAIR PICK -UP MINNESOTA PETROLEUM SE MAG -CARDS MN. DEPARTMENT OF SAFE THANE HAWKINS POLAR CH PARTS /SUPPLIES Total for Dept 431 0 AMERIPRIDE LINEN /APPAR MAT RENTAL O BEST ACCESS SYSTEMS OF KEYED O COPY EQUIPMENT, INC. BLUELINE SHEETS O CORPORATE EXPRESS, INC OFFICE SUPPLIES 0 FIRSTAR BANK USA, N.A. COMPUTER PURCHASE /AOL ON 0 J. H. LARSON COMPANY, SUPPLIES O MID- AMERICA BUSINESS S MAINTENANCE AGREEMENT O MINNEGASCO ACCOUNTS PA MONTHLY SERVICE 0 PITNEY WORKS SUPPLIES O QWEST MONTHLY SERVICE O TWIN CITY GARAGE DOOR PHOTO EYE /POLICE GARAGE O XCEL ENERGY MONTHLY SERVICE Total for Dept 432 0 AID ELECTRIC SERVICE, 0 AMERICAN FASTENER & SU O BEACON BALLFIELDS DIVI O CUSHMAN MOTOR VEHICLES 0 METRO ATHLETIC SUPPLY, 0 MINNEGASCO ACCOUNTS PA 0 NATURE CALLS, INC. O QWEST O XCEL ENERGY 0 BURSACK, ELIZABETH 0 HALL, MARY -SHOW FOR O KIT AND KABOODLE O LIPSKA, DARYL O MRPA O ORIGINAL KNIGHTS OF 0 REIERSON, RICK O SAWYER, CHERYL O THOMPSON, ROBERT PARK SUPPLIES CABLE TIES MAINTENANCE SUPPLIES SCARIFIER /PUMP SOCCER NETS MONTHLY SERVICE PORTABLE RESTROOMS MONTHLY SERVICE MONTHLY SERVICE Total for Dept 450 MILEAGE /SUPPLIES PI PERFORMANCE IN THE PARK/ PERFORMANCE IN THE PARK/ PERFORMANCE IN THE PARK/ REGISTRATION /4 RO PERFORMANCE IN THE PARK/ PERFORMANCE IN THE PARK/ PERFORMANCE IN THE PARK/ PERFORMANCE IN THE PARK/ Total for Dept 451 O TIMESAVER OFF -SITE SEC MAY 7 • FLEET FLEET FLEET FLEET FLEET GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS RECREATI RECREATI RECREATI RECREATI RECREATI RECREATI RECREATI RECREATI RECREATI PARK BOA 93.66 81.89 62.50 7,084.99 87.32 449.86 321.25 508.53 38.73 2,091.99 572.06 11,519.33* 143.52 91.57 199.28 239.43 4.95 125.13 2,250.00 633.44 124.88 65.25 350.00 2,933.99 7,161.44* 42.28 25.66 231.40 378.47 234.19 179.01 679.75 59.86 23.25 1,853.87* 17.99 325.00 550.00 900.00 100.00 900.00 600.00 300.00 750.00 4,442.99* 100.00 Date: 05/22/2001 Time: 12:07:42 Operator: JAL i Check # Page: 4 CITY OF LINO LAKES FM Entry - Invoice Payment - Approval of Bills Vendor Alpha Name Description Dept Amount Total for Dept 452 0 TRYGG LAND OFFICE COMPOSITE MAP ENVIRONM 0 UNIVERSITY OF MINNESOT SHADE TREE COURSE /M ASLE ENVIRONM Total for Dept 461 O U. S. BANK TRUST NATIO ADMINISTRATION FEE Total for Dept 470 0 C. W. HOULE, INC. 0 DEUTSCH, NANCY LANGER 0 GOPHER STATE ONE -CALL, O HARRIS COMPANIES, INC. 0 HAWKINS WATER TREATMEN O INSTRUMENTAL RESEARCH, O KRUEGER INTERNATIONAL O MINNEGASCO ACCOUNTS PA 0 QWEST O VESSCO, INC. 0 XCEL ENERGY CONTRACTOR /HYDRANT REPAI REIMBURSE METER CHARGES MONTHLY SERVICE SERVICE AT WELL #4 CONTAINER DEMURRAGE WATER TEST PANELS MONTHLY SERVICE MONTHLY SERVICE INJECTOR MONTHLY SERVICE Total for Dept 494 0 C. W. HOULE, INC. CONTRACTOR /SEWER BREAK 0 E. H. RENNER & SONS, I OIL O ESS BROTHERS & SONS DITCH GRATE 0 GOPHER STATE ONE -CALL, MONTHLY SERVICE 0 INFRATECH TECHNOLOGIES HOOK /MARKING PAINT 0 KRUEGER INTERNATIONAL PANELS .0 METRO COUNCIL WASTEWAT APRIL SAC /JUNE SEWER O XCEL ENERGY MONTHLY SERVICE Total for Dept 495 • 0 E. G. RUD & SONS, INC. 0 EHLERS AND ASSOCIATES, O FUNKHOUSER, JAMES & JU O PRESS PUBLICATIONS, IN 0 T.K.D.A. 0 WILLIAM G. HAWKINS & A RESHANAU PARK PROFESSIONAL SERVICES LAND PURCHASE ADVERTISING BLACK DUCK LIFT STATION MUNICIPAL ATTORNEY Total for Dept 499 100.00* 10.39 105.00 115.39* DEBT SER 900.00 900.00* WATER 2,506.70 WATER 80.00 WATER 56.00 WATER 660.00 WATER 20.00 WATER 70.00 WATER 379.82 WATER 411.47 WATER 38.12 WATER 67.28 WATER 1,061.85 5,351.24* SEWER 6,890.19 SEWER 79.82 SEWER 372.50 SEWER 56.00 SEWER 1,204.88 SEWER 379.82 SEWER 31,466.67 SEWER 938.98 41,388.86* OTHER 1,311.75 OTHER 218.75 OTHER 2,317.58 OTHER 39.00 OTHER 33,105.72 OTHER 20.40 37,013.20* 0 KENNEDY AND GRAVEN, IN PROFESSIONAL SERVICES TIF ADMI 30.00 Total for Dept 500 30.00* Grand Total 189,994.79* Centennial Fire District 7741 Lake Drive Lino Lakes, MN 55014 (651) 784 -7472 - Office (651) 784 -2427 - Fax May 16, 2001 TO: City Council City of Centerville City Council City of Circle Pines City Council City of Lino Lakes FROM: Milo Bennett SUBJECT: Ratification of expenditures and approval for payment of expenses. Your approval of expenses, as listed on the attached copy of the check register, checks #12669 — 12690, in the amount of $8,408.98 is hereby requested. • • DATE CHECK# NAME 05/16/2001 12669 05/16/2001 12670 05/16/2001 12671 05/16/2001 12672 05/16/2001 12673 05/16/2001 12674 05/16/2001 12675 05/16/2001 12676 05/16/2001 12677 05/16/2001 12678 05/16/2001 12679 05/16/2001 12680 05/16/2001 12681 05/16/2001 12682 05/16/2001 12683 05/16/2001 12684 05/16/2001 12685 05/16/2001 12686 05/16/2001 12687 05/16/2001 12688 • 05/16/2001 12689 05/16/2001 12690 • Centennial Fire District Check Register American Fastener Anoka - Technical College Bill's Rental Center Connexus Energy Dama Metal Products, Inc. VOID Fire /EMS /Safety Center Frattallone's Hardware Image Printing & Graphics Jefferson Fire & Safety, Inc. Johnson & Hinschberger, Ltd. McLeod USA Northland Fire & Security, Inc. Oxygen Service Company, Inc. Photoworld Qwest Reliant Energy Minnegasco Ross Industries, Inc. Twin City Garage Door Company Verizon Wireless Xcel Energy Davco Technologies, Inc. Page 1 of 1 ACCOUNT AMOUNT 42110 - Other Maintenance 7.67 42220 - Travel, Conference, School 255.00 42280 - Miscellaneous Expense 293.55 42252 - Station 1 - Electric 315.96 42130 - Equipment Expense 410.57 00000 - Void 0.00 42130 - Equipment Expense 235.07 42110 - Other Maintenance 68.44 42180 - Office Supplies 93.57 42130 - Equipment Expense 224.22 42160 - Accounting Services 62.50 42240 - Telephone 352.13 42110 - Other Maintenance 122.00 42270 - Breathing Air 109.00 42180 - Office Supplies 80.04 42240 - Telephone 297.85 42253 - Station 2 - Gas 438.44 42190 - Fire Prevention Supplies 757.19 42110 - Other Maintenance 3,600.00 42240 - Telephone 125.57 42254 - Station 2 - Electric 438.58 42130 - Equipment Expense 121.63 Total $8,408.98 • AGENDA ITEM 3A STAFF ORIGINATOR Al Rolek MEETING DATE May 29, 2001 TOPIC Accept 2000 Audit Report VOTE REQUIRED Simple Majority (3/5) BACKGROUND Darwin Viker of Larson, Allen, Weishair & Company will be in attendance at the meeting to provide a brief overview of the City's financial statements and to answer any questions you may have with regard to the financial condition of the City. The 2000 annual audit was undertaken by the City's auditors, Larson, Allen, Weishair & Company, LLP, earlier this year, with field work being completed in late March. The auditors review all financial transactions and the financial reports of the City over the previous year for their fairness in presentation and for full disclosure of all material aspects of the City's financial condition. This review is conducted in accordance with generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. The auditors concluded that the City's financial statements for 2000 presented fairly, in all material respects, the financial position of the City as of December 31, 2000. The auditors also issue their reports on the City's legal compliance with certain laws, regulations, contracts, etc., our internal control structure, and management issues. It should be noted that the City has received the Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association of the United States and Canada for its 1999 Comprehensive Annual Financial Report. We believe that the report issued for 2000 continues to uphold the standards of reporting excellence that this prestigious award represents. Following the presentation by Mr. Viker, staff recommends that the City Council formally, by motion, accept the 2000 Annual Audit Report. OPTIONS 1) Approve a motion accepting the 2000 Annual Audit Report. 2) Return the report to staff for further review. RECOMMENDATION io Option 1. AGENDA ITEM 4A. STAFF MEMBER Daniel Tesch, Director of Administration DATE 29 May 2001 SUBJECT Seasonal Building Inspector VOTE REQUIRED 3/5 BACKGROUND The City has funds available for a seasonal building inspector. After an initial recruitment effort proved unsuccessful, we targeted the trade schools that specialize in building inspection. We received three applications and conducted two interviews. Our choice for this position is Mr. Patrick Moonen. Mr. Moonen is a student who is studying the inspection trade, and is able to fit into our periodic schedule. He will work under the direction of our building official. OPTIONS 1. Make an offer on employment, conditional upon successful completion of a background check. 2. Decline to make an offer of employment and re- advertise. RECOMMENDATION Number One. AGENDA ITEM 3B STAFF ORIGINATOR: Al Rolek DATE: 5/29/01 TOPIC: Consideration of Resolution 01 -73 calling for a Public Hearing on a Business Subsidy Policy and authorizing staff to draft a Business Subsidy Policy Vote Required: Simple Majority BACKGROUND: The Minnesota Business Subsidy Law requires that any local government agency with the power to grant a business subsidy must first establish a Business Subsidy policy. This policy lists the criteria that will be used to determine if a subsidy meets a public purpose. The criteria must also establish a policy for wages on jobs created by the subsidies. The term "business subsidy" can include a grant such as tax increment financing or tax abatement, contribution of property or infrastructure, low- interest rate loans, tax or fee deferrals, or any preferential use of government facilities given to a business. Any public contribution in excess of $25,000 is considered a subsidy. A public hearing is required to take public comment before the adoption of the policy. This resolution sets a hearing for 6:30 p.m. on July 23, 2001 and directs staff to draft a Business Subsidy Policy for consideration. OPTIONS: 1. Adopt Resolution No. 01 -73 2. Return to staff for further consideration RECOMMENDATION: Option 1 Councilmember introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 01 -73 RESOLUTION CALLING FOR PUBLIC HEARING ON BUSINESS SUBSIDY POLICY AND AUTHORIZING STAFF TO DRAFT A BUSINESS SUBSIDY POLICY WHEREAS, Minnesota Statutes, Sections 116J.993 through 116J.995 (the "Statutes ") require the adoption of criteria for the granting of business subsidies as defined in the Statutes; and WHEREAS, the Statutes require that a public hearing be held pursuant to the adoption of business subsidy criteria; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota as follows: 1. The city clerk- treasurer is authorized and directed to prepare a notice for publication in the official newspaper setting a public hearing before the city council to consider this matter on Monday, July 23, 2001 at 6:30 p.m. in the council chambers at city hall. The notice shall be published in the newspaper at least 10 but not more than 30 days prior to the public hearing. 2. The city staff and consultants are authorized and directed to draft a Business Subsidy Policy and take any and all other actions necessary to bring this matter before the city council at the time of the public hearing. Dated: May 29, 2001 John Bergeson, Mayor ATTEST: Jean Viger, Deputy Clerk- Treasurer The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: Whereupon said resolution was declared duly passed and adopted. AGENDA ITEM 3C STAFF ORIGINATOR: Al Rolek DATE: 5/29/01 TOPIC: Consideration of Authorizing Staff to draft a Tax Abatement Policy Vote Required: Simple Majority BACKGROUND: Tax Abatement is the ability of individual local taxing authorities (county, city or school district) to return their proportional share of property taxes on all or a portion of the property taxes on a parcel of property. Abatements were designed by the state legislature to give each jurisdiction a voice in economic development and redevelopment efforts. An abatement can be either a tax rebate or a tax deferment. The maximum an entity can abate is the greater of $100,000 per year or 5 percent of its levy. A Tax Abatement Policy is required before abatement is used to specify the criteria that will be used to determine if an abatement meets a public purpose. This council action directs staff to draft a Tax Abatement Policy for council consideration at the July 23, 2001 city council meeting. OPTIONS: 1. Direct staff to draft a Tax Abatement Policy 2. Return to staff for further consideration RECOMMENDATION: Option 1 • AGENDA ITEM 3D • • STAFF ORIGINATOR: Al Rolek DATE: 5/29/01 TOPIC: Consideration of Resolution 01 -74 calling for a Public Hearing regarding granting a Tax Abatement for the Marketplace Development Area and authorizing staff to draft a Tax Abatement Resolution Vote Required: Simple Majority BACKGROUND: A request has been made to the city for tax abatement to be provided to the Marketplace Development. According to the Minnesota Tax Abatement statutes, a public hearing is required before the city council can act on an abatement request. In addition, the city can grant an abatement only by adopting an abatement resolution specifying the terms of the abatement, and the nature and extent of the public benefits resulting from the abatement. This resolution calls for a public hearing at 6:30 p.m. on Monday, July 23, 2001 regarding the granting of a tax abatement to the Marketplace Development Area, and directs staff to draft a tax abatement resolution for council consideration at the July 23, 2001 city council meeting. OPTIONS: 1. Adopt Resolution No. 01 -74 2. Return to staff for further consideration RECOMMENDATION: Option 1 Councilmember introduced the following resolution and • moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 01 -74 RESOLUTION CALLING FOR PUBLIC HEARING REGARDING GRANTING A TAX ABATEMENT FOR THE MARKETPLACE DEVELOPMENT AREA AND AUTHORIZING STAFF TO DRAFT A TAX ABATEMENT RESOLUTION WHEREAS, Minnesota Statutes, Sections 469.1812 through 469.1815 (the "Statutes "); gives the governing body of a political subdivision authority to grant an abatement of the taxes imposed by the political subdivision on a parcel of property; WHEREAS, The governing body of a political subdivision may grant an abatement only by adopting an abatement resolution specifying the terms of the abatement and the nature and extent of the public benefits which the governing body expects to result from the agreement; WHEREAS, the Statutes require that a public hearing be held pursuant to the adoption • of an abatement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota as follows: 1. The city clerk- treasurer is authorized and directed to prepare a notice for publication in the official newspaper setting a public hearing before the city council to consider this matter on Monday, July 23, 2001 at 6:30 p.m. in the council chambers at city hall. The notice shall be published in the newspaper at least 10 but not more than 30 days prior to the public hearing. 2. The city staff and consultants are authorized and directed to draft a Tax Abatement Resolution and take any and all other actions necessary to bring this matter before the city council at the time of the public hearing. Dated: May 29, 2001 John Bergeson, Mayor • ATTEST: • • • Jean Viger, Deputy Clerk- Treasurer The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: Whereupon said resolution was declared duly passed and adopted. • AGENDA ITEM 3E • STAFF ORIGINATOR: Al Rolek DATE: 5/29/01 TOPIC: Consideration of Authorizing Staff to draft a Business Subsidy Agreement for the Marketplace Development Vote Required: Simple Majority BACKGROUND: A request has been made to the city for tax abatement to be provided to the Marketplace Development. According to the Minnesota Business Subsidy Law, a subsidy agreement must be completed that defines the nature of, the amount of, and the reasons for the subsidy, wage and job goals, and other commitments from the recipients. This council action directs staff to draft a business subsidy agreement for the Marketplace development for council consideration at the July 23, 2001 city council meeting. OPTIONS: 1. Direct staff to draft a Business Subsidy Agreement for the Marketplace Development 2. Return to staff for further consideration RECOMMENDATION: Option 1 01 -71 Council Member introduced the following resolution and moved its adoption. CITY OF LINO LAKES RESOLUTION NO. 01-71 RESOLUTION APPROVING THE DISTRIBUTION OF AN ENVIRONMENTAL ASSESSMENT WORKSHEET FOR THE LINO LAKES MARKETPLACE WHEREAS, MN Rules 4410.4300 Subpart 14 establishes thresholds for mandatory Environmental Assessment Worksheets (EAW); and WHEREAS, the City has received applications for the development of a commercial project named Lino Lakes Marketplace which exceeds the mandatory EAW threshold for commercial development projects; and WHEREAS, the project proposer has submitted data for the EAW; and WHEREAS, the City has reviewed the submitted data and determined to the best of the City's knowledge that the EAW is complete and accurate; el NOW, THEREFORE BE IT RESOLVED, that the Lino Lakes City Council approves the publication and distribution of the Lino Lakes Marketplace EAW for public comment as required by MN Rules 4410.1500 • Adopted by the Lino Lakes City Council this day of , 2001 John J. Bergeson, Mayor ATTEST: Jean Viger, Deputy Clerk The motion for adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared passed and adopted. MAY -24 -2001 11:14 NAC 612 595 9837 P.02/13 14O1RTHWL$T A$$OCl !(D CON$UILTAt1x$,, 1l1C, 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners @nacplanning.com MEMORANDUM TO: Jeff Smyser FROM: Alan Brixius DATE: May 24, 2001 RE: Lino Lakes - Park and Trail Dedication FILE NO: 194.02 - 01.03 BACKGROUND At the May 23, 2001 City Council workshop, Council member Donna Carlson inquired how the new per unit park dedication fee of $1,380 compared to current collections. The current park dedication formula requires single family subdivisions to provide a 10 percent land dedication or 10 percent of the land value. This formula is shown below: Cash Average Land Average Density Contribution Value (year 2001) (2,1 units Baer acrel Per Year $28,000 X 10% = $2,800 T 2.1 = $1,333.00 The proposed park dedication of $1,380 is $47 higher than current collections. The $1,380 was generated by assuming $2,614 per acre for commercial /industrial properties. If the City Council wished to place a greater burden for park land dedication on residential growth, an adjustment may be considered as follows. This adjustment would serve two objectives: (1) The residential growth which stimulates the greater park demand would carry more of the financial responsibility. (2) The lower park charge on commercial /industrial lands will help in economic development efforts. • MAY -24 -2001 11:14 NAC SECOND PARK DEDICATION FEE ALTERNATIVE 612 595 9837 P.03/13 An alternative to the calculation in the May 22, 2001 report for commercial/industrial park land dedication is as follows. The May 22, 2001 report utilized the existing subdivision park dedication amount of $200 per 1,000 square feet of commercial and industrial floor space. This provided a conservative estimate of park land dedication. The current Subdivision Ordinance, however, offers two levels of park and dedication ($200 per 1,000 square feet of manufacturing and $133 per 1,000 square feet of warehousing). See pages 172 and 173 of the Subdivision Ordinance. The City Council may wish to take the average of these figures which would be $166.50 per 1,000 square feet of floor area. This average charge per 1,000 square feet of floor area translates into the following per acre park dedication charge: 1 acre (43,560 square feet) X 30% building coverage = 13,068 square feet 1,000 (current square foot standard) = 13.068 X $166,50 (average park dedication charge) = $2,175 per acre. If the City Council reduces the commercial /industrial park land fee from $2,614 to $2,175, it can anticipate $2,827,500 will be generated. This dedication would reduce the burden on residential property, as shown below: Total Park and Trail System Costs $22,965,399 50% of the Total System Costs to be Paid by Existing Development $11,482,700 50% of the Total System Costs to be Paid by Future Development $11,482,700 Commercial /Industrial Portion $ 2,827,500 Residential Portion $ 8,655,200 Park Cost Per Residential Unit Based Upon Total Projected Park System Cost (at full development) Total Lino Lakes Persons Saturation Per Population Household 30,000 2.7 = 11,111 Total Households /Buildout - 5,255 - Existing Households 2 5,856 Future Households • • • MAY -24 -2001 11:14 NAC 612 595 9837 P.04/13 $8,655,200 (residential portion of future park cost) 4- 5,856 (future households) = $1,478 (park cost per unit) CONCLUSION The May 22, 2001 memorandum includes a new park and dedication ordinance and a resolution for establishing park dedication fees. After the Council discussion at its May 23, 2001 workshop, we have offered a second option for the park land fees by resolution. If the City Council feels that the residential properties should be more responsible for the costs of park and trail development, this second option may be considered. Based on our analysis of the park land standards, we are comfortable that both alternatives are reasonable and enforceable. We have attached a resolution outlining the second fee schedule for the park land dedication for your consideration. 3 MAY -24 -2001 11:15 01- 410 Council Member • • NAC 612 595 9637 P.05/13 Option 1 introduced the following resolution and moved its adoption. CITY OF LINO LAKES RESOLUTION NO. O1 --_ RESOLUTION APPROVING PARK DEDICATION FORMULA'S AND FEES FOR RESIDENTIAL, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS. WHEREAS, NAC, Inc., conducted a detailed Park and Trail Dedication Study for the City of Lino Lakes dated April 3, 2001 to review park and trail dedication standards based upon development of the system identified in the Comprehensive Park and Trail Plan; and WHEREAS, the study recommended that the City Subdivision Ordinance be amended to reflect dedication language provided by Minnesota Statutes and to establish park dedication fees that are proportional to the impact that projects will generate on the park and trail system; and WHEREAS, the Park and Trail Dedication Study determined that the 2001 land value for the purpose of calculating park dedication fees is $28,000 per acre; and WHEREAS, the Park and Trail Dedication Study determined that the park and trail impact per residential unit is $1,380; and WHEREAS, the Park and Trail Dedication Study determined that the commercial/industrial park and trail impact per acre is $2,614; and WHEREAS, the City Subdivision Ordinance has been amended to allow for individual determinations of park impact per development if requested by the applicant; and WHEREAS, the City of Lino Lakes will periodically review land values and park and trail infrastructure costs and amend the dedication fees /standards accordingly. NOW, THEREFORE BE IT RESOLVED, that the Lino Lakes City Council hereby establishes the following park dedication fees for residential, commercial and industrial development: Residential Charge - Commercial/Industrial Charge - $1,380 per unit $2,614 per acre Adopted by the Lino Lakes City Council this day of , 2001 MAY -24 -2001 11:15 • ATTEST: • • NAC 612 595 9837 P.06/13 Jean V ger, Deputy Clerk John 1 Bergeson, Mayor Option 1 The motion for adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared passed and adopted. • • MAY -24 -2001 11:15 01- Council Member NAC 612 595 9937 P.07/13 Option 2 introduced the following resolution and moved its adoption. CITY OF LINO LAKES RESOLUTION NO. O1- RESOLUTION APPROVING PARK DEDICATION FORMULA'S AND FEES FOR RESIDENTIAL, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS. WHEREAS, NAC, Inc., conducted a detailed Park and Trail Dedication Study for the City of Lino Lakes dated April 3, 2001 to review park and trail dedication standards based upon development of the system identified in the Comprehensive Park and Trail Plan; and WHEREAS, the study recommended that the City Subdivision Ordinance be amended to reflect dedication language provided by Minnesota Statutes and to establish park dedication fees that are proportional to the impact that projects will generate on the park and trail system; and WHEREAS, the Park and Trail Dedication Study determined that the 2001 land value for the purpose of calculating park dedication fees is $28,000 per acre; and WHEREAS, the Park and Trail Dedication Study determined that the park and trail impact per residential unit is $1,478; and WHEREAS, the Park and Trail Dedication Study determined that the commercial /industrial park and trail impact per acre is $2,175; and WHEREAS, the City Subdivision Ordinance has been amended to allow for individual determinations of park impact per development if requested by the applicant; and WHEREAS, the City of Lino Lakes will periodically review land values and park and trail infrastructure costs and amend the dedication fees/standards accordingly. NOW, THEREFORE BE IT RESOLVED, that the Lino Lakes City Council hereby establishes the following park dedication fees for residential, commercial and industrial development: Residential Charge - Commercial/Industrial Charge - $1,478 per unit $2,175 per acre Adopted by the Lino Lakes City Council this day of , 2001 MAY -24 -2001 11:15 Ill ATTEST: NAC Jean Viger, Deputy Clerk John J. Bergeson, Mayor 612 595 9837 P.08/13 Option 2 The motion for adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared passed and adopted. MAY -24 -2001 11:15 NAC 612 595 9837 P.09/13 110 01 -06 Council Member introduced the following ordinance and moved its adoption. • • CITY OF LINO LAKES ORDINANCE NO. 01-06 AN ORDINANCE AMENDING SECTION 1001 OF THE CITY CODE REGARDING SUBDIVISION AND PLATTING TO MODIFY PARK DEDICATION REQUIREMENTS. The City Council of the City of Lino Lakes, Anoka County, Minnesota, does ordain as follows: z. Section 1001.14 of the City Code is hereby amended to delete the existing provisions and add the following requirements: 1001.14 Property Dedication. Subdivision 1. A portion of any subdivision shall dedicate to the City a reasonable portion of the proposed subdivision for public streets, roads, utility easements, water facilities, storm water drainage and holding areas or ponds and other similar utilities and improvements. Subdivison 2. As a prerequisite to any subdivision approval, and at the sole determination by the City, applicants and/or developers shall dedicate land for parks, playgrounds, public open spaces or trails and/or shall make a cash contribution to the City's park dedication fund roughly related to the anticipated effect of the subdivision on the park and trail system. The amounts listed in this Section are the City's best estimate of the dedication or cash contribution needed to offset the effect of the subdivision on the park and trail system. The requirement may also be met with a combination of land and cash if approved by the City Council. Subdivision 3. Land shall be reasonably suitable for its intended use and shall be at a location convenient to the people to be served. Factors used in evaluating the adequacy of proposed park and recreation areas shall include size, shape, topography, geology, hydrology, tree cover, access and location, and future park needs pursuant to the Comprehensive Plan. Wetlands, ponding areas, and drainage ways shall not be eligible for park dedication credit. Park land to be dedicated shall be above the ordinary high water level. Grades exceeding twelve (12) percent or areas unsuitable for park development shall not be considered for dedication. Land with trash, junk, pollutants and/or unwanted structures is not acceptable. • • • MAY -24 -2001 11:16 NAC 612 595 9837 P.18/13 Ordinance 01 -06, Park Dedication page 2 Subdivison 4. The applicant shall confer with City Staff and the Park Board at the time the preliminary plat is under consideration, to secure a recommendation as to the location of any property that should be dedicated to the public, such as parks, playgrounds or other public property. The preliminary plat shall show the location and dimensions of all areas to be dedicated in this manner. Such contribution requirement recommendation(s) will be sent to the Planning Commission for review and comment and subsequently to the City Council for their approval. Subdivision 5. When a proposed park, playground, recreation area or other public ground has been indicated in the City's official map or Comprehensive Plan and is located in whole or in part within a proposed plat, it shall be dedicated to the appropriate governmental unit. If the applicant elects not to dedicate an area in excess of the land required hereunder for such proposed public site, the City may consider acquiring the excess land through purchase or condemnation. Subdivision 6. Where private open space for park and recreation purposes is provided in a proposed subdivision, such areas may be used for credit, at the discretion of the City Council, against the land or cash dedication requirement for park and recreation purposes, provided the City Council finds it is in the public interest to do so. Subdivision 7. The City, upon consideration of the particular type of development, may require that a lesser parcel of land should be dedicated due to particular features of the development. In such cases, a cash contribution shall be required above the land dedication to ensure that compensation is received for the full amount of the impact on the City's park and trail system. Subdivision 8. In all new residential, commercial and industrial subdivisions, ten (10) percent of the area subdivided shall be dedicated for public recreation space or other public use as established by City Council resolution. A different percentage may be applied as the City Council shall determine to be reasonably necessary as a result of the subdivision approval. This ten percent shall be calculated on the net area, which is the gross area of the subdivided property minus the area in wetlands. The land dedicated for public recreation shall be in addition to property dedicated for streets, alleys, easements, or other public ways. No areas may be dedicated for public use until such areas have been approved by the City Council as suitable and necessary for the health, safety, convenience and general welfare of the City. Subdivision 9. When a subdivision is proposed, the developer shall make a dedication of land for public park and trail use, as provided for in Subdivision 8, of this Section, or shall pay a fee in lieu of such land dedication as established by City Council resolution. Said amount is the City's best estimate of the effect of the subdivision on the City's park system. • MAY -24 -2001 11:16 NAC 612 595 983? P.11/13 Ordinance 01 -06, Park Dedication page 3 Subdivision 10. All land proposed for trail and/or bikeway dedication shall be subject to the recommendations of the Park Board and approval of the City Council. Subdivision 11. The City may elect at its sole discretion to receive a combination of cash, land, and development of the land for park and/or trail use. Combined park land and cash dedications shall be calculated based upon the following: 1. At the time of subdivision, a yield plan will be prepared demonstrating the total number of units/lots possible within the development without a park. This figure is then multiplied by the residential per unit park dedication charge (established by City Council Resolution). The result of this calculation is equal to the total cash value of the park dedication for the residential project. The formula is outlined as follows: a. Buildable Acres (less wetlands, right -of -way, waterbodies etc.,) x Average Density = Number of Units/Lots. b. Number of Units/Lots x Residential Unit Cash Charge = Total Cash Contribution for the Subdivision. • 2. Land Value Determination. The value of the land dedication is determined based upon the following formula: a. Total Land Dedication Acres x Land Value = Total Land Value 3. To determine the combined land and cash dedication requirement, the following formula should be used: a. Total Cash Contribution for Subdivision — Land Value for Park Land = Balance of Cash Contribution. Subdivision 12. Planned unit developments with mixed land uses shall make cash and /or land contributions in accordance with this Section based upon the percentage of land devoted to the various uses. Subdivision 13. Park cash contributions are to be calculated and established based on land value at time of final plat. Cash dedications shall be included in the development agreement and paid prior to the City's signature of and release of the final plat. For subdivisions that do not require a development agreement, the cash dedication shall be paid before the City releases the signed approval of the subdivision for recording. • • • • MAY -24 -2081 11:16 NAC 612 595 9837 P.12/13 Ordinance 01 -06, Park Dedication page 4 Subdivision 14. Cash contributions for parks and trails shall be deposited in either the City's Park Fund or multi- purpose trail fund and shall only be used for park acquisition or development, and trail acquisition or development as determined by the City. Subdivision 15. Property being replatted with the same number of lots and same number of dwelling units shall be exempt from all park land dedication requirements. If the number of lots or the number of dwelling units is increased, or if land outside of the previously recorded plat is added, then the park land dedication and/or park cash contributions shall be based on the additional units/lots and on the additional land being added to the plat. Subdivision 16. If the applicant or developer does not believe that the estimates contained in this Section fairly and accurately represent the effect of the subdivision on the park or trail system of the City, the applicant or developer may request that the City prepare an in- depth study of the effect of the subdivision on the park and trail system an estimate of that effect in money and/or land. All costs of such study shall be paid by the developer or applicant. If the developer requests the preparation of such a study, no application for the development shall be deemed complete until the study has been completed and a determination is made as to the appropriate amount of land or money necessary to offset the effects of the subdivision. II. Effective Date This Ordinance shall be effective following its passage and publication as required by City Charter. Adopted by the Lino Lakes City Council this day of , 2001 ATTEST: Jean Viger, Deputy Clerk By: John Bergeson, Mayor The motion for adoption of the foregoing ordinance was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof MAY -24 -2001 11:17 NAC 612 595 9837 P.13/13 Ordinance 01 -06, Park Dedication • page 5 The following voted against same: Whereupon said ordinance was declared passed and adopted. • • TOTAL P.13 • • MAY -24 -2001 11:14 NAC 612 595 9837 P.01/13 NORTHWEST ASSOCIATED CONSULTANTS, INC. 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners @nacplanning.com TRANSMITTAL DATE: May 24, 2001 TO: Jeff Smyser NUMBER OF PAGES INCLUDING COVER: 13 FROM: Alan Brixius QUANTITY: 1 MATERIAL /DESCRIPTION: Memorandum DATED: May 24, 2001 VIA: XX Fax Mail Pick Up Delivery REMARKS: CITY /PROJECT NAME: JOB NUMBER: Lino Lakes - Park and Trail Dedication 194.02 - 01.03 • AGENDA ITEM 7 A STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: May 29, 2001 TOPIC: SECOND READING: Ordinance 06 -01 Amending City Code Regarding Park Dedication Requirements Resolution 01 -72 Approving Park Dedication Formulas and Fees VOTE REQUIRED: 4/5 for Ordinance 06 -01 3/5 for Resolution 01 -72 BACKGROUND The City has conducted a study of park needs and land values to determine appropriate park dedication requirements in Lino Lakes. Section 1001 of the City Code makes up the requirements for the subdivision of land. Park dedication requirements are included in the subdivision regulations, as authorized by state statute. • The City Council approved the first reading of Ordinance 06 -01 at the May 14 meeting. The Council had some questions about the actual formula and dollar amounts of the park dedication requirements. The attached memo from Al Brixius and Deb Garros of NAC provides additional information for the park dedication study and explains how the calculations will work. The attached Ordinance 06 -01 amends the City's park dedication requirements. Subdivision 11 lays out the basic formula for the calculations. The attached resolution lists the actual dollar amounts for park dedication calculations. We can adopt the attached resolution and then change the fee schedule accordingly at a future City Council meeting. The new charges would take effect on the effective date of Ordinance 06 -01. This is anticipated to be July 5, 2001. OPTIONS 1. Approve the second reading of Ordinance 06 -01 amending Section 1001 of the City Code . regarding park dedication requirements. 2. Approve Resolution 01 -72 approving park dedication formulas and fees. 3. Return to staff with direction. • RECOMMENDATION Options 1 and 2 NORTHWEST ASSOCIATED CONSULTANTS. INC. 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners @nacplanning.com MEMORANDUM TO: Jeff Smyser FROM: Alan Brixius / Deb Garross DATE: May 22, 2001 RE: Lino Lakes — Park and Trail Dedication Study FILE NO: 194.02 — 01.03 INTRODUCTION The purpose of this memorandum is to provide further information to the City of Lino Lakes defining how park dedication fees should be calculated. The information • contained herein is based upon questions raised by the City Council during the first review of the proposed Subdivision Ordinance amendment to incorporate new revised park dedication requirements and procedures to implement the results of the April 3, Park and Trail Dedication Study prepared by NAC Inc. • ISSUE 1 — REQUIREMENTS FOR COMBINATION (CASH and LAND) DEDICATIONS: The City Council requested further clarification on how park dedication would be determined when both cash and land dedications are required. This situation could occur in a project where the park acreage, required pursuant to the Comprehensive Park and Trail Plan, results in Tess than ten (10) percent of the project area and the balance of the dedication would be granted as cash. There are three steps to involved in calculating land and cash dedication requirements. 1. At the time of subdivision, a yield plan will be prepared demonstrating the total number of lots possible within the development without a park. This figure is then multiplied by the residential per unit park dedication charge (established by City Council Resolution). The result of this calculation is equal to the total cash value of the 10% park dedication for the residential project. The formula is outlined as follows: 1 of 4 a. Buildable Acres (less wetlands, right -of -way, waterbodies etc.,) x Average Density = Number of Lots. b. Number of Lots x Residential Unit Cash Charge = Total Cash Contribution for the Subdivision. 2. Land Value Determination. The value of the land dedication is determined based upon the following formula: a. Total Land Dedication Acres x Land Value* = Total Land Value * The Park and Trail Dedication Study show an average land value of $28,000. This land value should be reviewed annually to ensure that it is consistent with current market conditions. 3. To determine the combined land and cash dedication requirement, the following formula should be used: a. Total Cash Contribution for Subdivision — Land Value for Park Land = Balance of Cash Contribution. EXAMPLE: Residential subdivision containing 40 acres of land with two acres of wetlands developed at an average density of 2.1 units per acre. The City desires two acres of park land and a cash contribution. Step 1: Yield Plan = Buildable Area (40 ac. — 2 ac. = 38 buildable acres) x Average Density (2.1) = 79 units x Residential Unit Charge ($1,960) = Total Project Cash Contribution ($154,846) Step 2: Park Land Value = Average Land Value ($28,000 per acre) x Required Park Acres (2) = Total Park Land Dedication Value ($56,000) Step 3: Total Cash Contribution ($154,846) — Total Park Land Dedication Value ($56,000) _ Balance Cash Dedication Requirement ($98,846) In this example, the park dedication requirement for this project would result in 2 acres of land dedication (valued at $56,000) and $98,846 dollars in cash dedication for the entire development. The combination of land and cash equals the dedication requirement (valued at $154,846). ISSUE 2 — COMMERCIAL /INDUSTRIAL DEDICATION The City Council has determined that the policy to collect park dedication fees from commercial and industrial subdivisions shall continue and directed staff to prepare the appropriate amendments to the Subdivision Ordinance. The current method to calculate commercial /industrial park dedication is outlined on pages 172 and 173 of the Subdivision Ordinance. The current commercial /industrial dedication requirements are based upon square footage of commercial /industrial 2 of 4 improvements. The problem with this method is that park dedication cannot be determined until a building footprint is established via a site plan and building permit after the subdivision is approved. The current procedure runs contrary to State Statutes for park land dedication with subdivision approval. Staff is recommending the proposal to establish a charge per acre of platted commercial /industrial land consistent with State Statutes (which enable Cities to collect park dedication at the time of platting), as opposed to the current square foot charge. The acreage charge can be calculated at the time of subdivision or development, similar to the methodology used to calculate residential park dedication. In order to translate the existing square footage standard to an acreage standard staff has assumed a commercial /industrial building site coverage of 30 %, which is typical for this type of development. The City currently charges $200 per 1,000 square feet of commercial /industrial building area. To translate the square footage standard to an acreage standard, the following formula was used: 1 acre (43,560 square feet) x 30% building coverage = 13,068 _ 1,000 (current sq. ft. standard) = 13.068 x $200 (current park dedication charge) = $2,614 (acreage charge) The current square footage charge of $200 dollars per 1,000 square feet of commercial /industrial developments is equal to $2,614 dollars per acre. This acreage charge for commercial /industrial property compares favorably to similar park dedication fees charged by other communities. The following table illustrates the current commercial /industrial park dedication charges applied by various municipalities: City Commercial Fee Industrial Fee Notes Blaine 2,864 2,511 Fixed rate per acre Rate increases 3% per year Coon Rapids 3,350 3,350 Fixed rate per acre Centerville 0 0 No charge for C/I development Hugo 1,350 1,350 Fixed rate per acre Lino Lakes 2,614 2,614 Fixed rate per acre (proposed) ISSUE 3 — REVISED RECOMMENDATION FOR RESIDENTIAL DEDICATION If the City collects park dedication fees for commercial /industrial subdivisions as identified herein, it is anticipated that $3,398,200 dollars will be generated. (This figure represents the amount of vacant commercial /industrial land within the City less wetlands). Upon full development of the City, the 1,300 net acres of commercial /industrial land will generate of park dedication (based upon the current fee of $2,614 dollars per commercial /industrial acre of land). This dedication serves to reduce the burden on residential property as shown below: Total Park & Trail System Cost $22,965,399 50% of Total System Cost to be paid by existing development $11,482,700 3 of 4 • 50% of Total System Cost to be Paid by Future Development $11,482,700 Commercial /Industrial Portion $ 3,398,200 Residential Portion $ 8,084,500 Park Cost per Residential Unit Based Upon Total Projected Park System Cost (at full development) Total Lino Lakes Persons per Saturation Population Household 30,000 - 2.7 = 11,111 Total Households /Buildout - 5,255 - Existing Households 5,856 Future Households $8,084,500 (Residential Portion of Future Park Cost) _ 5,856 (Future Households) = $1,380 (park cost per unit) RECOMMENDATION 1. The recommendation is to adopt attached Resolution 01 -_ establishing a residential park dedication fee of $1,380 dollars per unit and a commercial /industrial park dedication fee of $2,614 per acre. • 2. The recommendation is to adopt attached Ordinance 06 -01 amending the Subdivision Ordinance to modify park dedication standards and requirements based upon the findings and recommendations of the Lino Lakes Park and Trail Dedication Study. • 4 of 4 • • • 06 -01 Council Member introduced the following ordinance and moved its adoption. CITY OF LINO LAKES ORDINANCE NO. 06-01 AN ORDINANCE AMENDING SECTION 1001 OF THE CITY CODE REGARDING SUBDIVISION AND PLATTING TO MODIFY PARK DEDICATION REQUIREMENTS. The City Council of the City of Lino Lakes, Anoka County, Minnesota, does ordain as follows: I. Section 1001.14 of the City Code is hereby amended to delete the existing provisions and add the following requirements: 1001.14 Property Dedication. Subdivision 1. A portion of any subdivision shall dedicate to the City a reasonable portion of the proposed subdivision for public streets, roads, utility easements, water facilities, storm water drainage and holding areas or ponds and other similar utilities and improvements. Subdivison 2. As a prerequisite to any subdivision approval, and at the sole determination by the City, applicants and/or developers shall dedicate land for parks, playgrounds, public open spaces or trails and/or shall make a cash contribution to the City's park dedication fund roughly related to the anticipated effect of the subdivision on the park and trail system. The amounts listed in this Section are the City's best estimate of the dedication or cash contribution needed to offset the effect of the subdivision on the park and trail system. The requirement may also be met with a combination of land and cash if approved by the City Council. Subdivision 3. Land shall be reasonably suitable for its intended use and shall be at a location convenient to the people to be served. Factors used in evaluating the adequacy of proposed park and recreation areas shall include size, shape, topography, geology, hydrology, tree cover, access and location, and future park needs pursuant to the Comprehensive Plan. Wetlands, ponding areas, and drainage ways shall not be eligible for park dedication credit. Park land to be dedicated shall be above the ordinary high water level. Grades exceeding twelve (12) percent or areas unsuitable for park development shall not be considered for dedication. Land with trash, junk, pollutants and/or unwanted structures is not acceptable. . Ordinance 01 -06, Park Dedication page 2 Subdivison 4. The applicant shall confer with City Staff and the Park Board at the time the preliminary plat is under consideration, to secure a recommendation as to the location of any property that should be dedicated to the public, such as parks, playgrounds or other public property. The preliminary plat shall show the location and dimensions of all areas to be dedicated in this manner. Such contribution requirement recommendation(s) will be sent to the Planning Commission for review and comment and subsequently to the City Council for their approval. Subdivision 5. When a proposed park, playground, recreation area or other public ground has been indicated in the City's official map or Comprehensive Plan and is located in whole or in part within a proposed plat, it shall be dedicated to the appropriate governmental unit. If the applicant elects not to dedicate an area in excess of the land required hereunder for such proposed public site, the City may consider acquiring the excess land through purchase or condemnation. Subdivision 6. Where private open space for park and recreation purposes is provided in a proposed subdivision, such areas may be used for credit, at the discretion of the City Council, against the land or cash dedication requirement for park and recreation purposes, provided the City Council finds it is in the public interest to do so. Subdivision 7. The City, upon consideration of the particular type of development, may require that a lesser parcel of land should be dedicated due to particular features of the development. In such cases, a cash contribution shall be required above the land dedication to ensure that compensation is received for the full amount of the impact on the City's park and trail system. Subdivision 8. In all new residential, commercial and industrial subdivisions, ten (10) percent of the area subdivided shall be dedicated for public recreation space or other public use as established by City Council resolution. A different percentage may be applied as the City Council shall determine to be reasonably necessary as a result of the subdivision approval. This ten percent shall be calculated on the net area, which is the gross area of the subdivided property minus the area in wetlands. The land dedicated for public recreation shall be in addition to property dedicated for streets, alleys, easements, or other public ways. No areas may be dedicated for public use until such areas have been approved by the City Council as suitable and necessary for the health, safety, convenience and general welfare of the City. Subdivision 9. When a subdivision is proposed, the developer shall make a dedication of land for public park and trail use, as provided for in Subdivision 8, of this Section, or shall pay a fee in lieu of such land dedication as established by City Council resolution. Said amount is the City's best estimate of the effect of the subdivision on the City's park system. Ordinance 01 -06, Park Dedication page 3 Subdivision 10. All land proposed for trail and/or bikeway dedication shall be subject to the recommendations of the Park Board and approval of the City Council. Subdivision 11. The City may elect at its sole discretion to receive a combination of cash, land, and development of the land for park and/or trail use. Combined park land and cash dedications shall be calculated based upon the following: 1. At the time of subdivision, a yield plan shall be prepared demonstrating the total number of lots possible within the development (without a park). This figure shall then be multiplied by the residential per unit park dedication charge (established by City Council Resolution). The result of this calculation is equal to the total cash value of the park dedication for the subdivision. The formula is outlined as follows: a. Buildable Acres (less wetlands, right -of -way, waterbodies etc.,) x Average Density = Number of Lots. b. Number of Lots x Residential Unit Cash Charge = Total Cash Contribution for the Subdivision. 2. Land Value Determination. The value of the land dedication is determined based upon the following formula: a. Total Land Dedication Acres x Land Value = Total Land Value 3. To determine the combined land and cash dedication requirement, the following formula shall be used: a. Total Cash Contribution for Subdivision — Land Value for Park Land = Balance of Cash Contribution. Subdivision 12. Planned unit developments with mixed land uses shall make cash and/or land contributions in accordance with this Section based upon the percentage of land devoted to the various uses. Subdivision 13. Park cash contributions are to be calculated and established based on land value at time of final plat. Cash dedications shall be included in the development agreement and paid prior to the City's signature of and release of the final plat. For subdivisions that do not require a development agreement, the cash dedication shall be paid before the City releases the signed approval of the subdivision for recording. • • • • Ordinance 01 -06, Park Dedication page 4 Subdivision 14. Cash contributions for parks and trails shall be deposited in either the City's Park Fund or multi - purpose trail fund and shall only be used for park acquisition or development, and trail acquisition or development as determined by the City. Subdivision 15. Property being replatted with the same number of lots and same number of dwelling units shall be exempt from all park land dedication requirements. If the number of lots or the number of dwelling units is increased, or if land outside of the previously recorded plat is added, then the park land dedication and/or park cash contributions shall be based on the additional lots and on the additional land being added to the plat. Subdivision 16. If the applicant or developer does not believe that the estimates contained in this Section fairly and accurately represent the effect of the subdivision on the park or trail system of the City, the applicant or developer may request that the City prepare an in- depth study of the effect of the subdivision on the park and trail system an estimate of that effect in money and/or land. All costs of such study shall be paid by the developer or applicant. If the developer requests the preparation of such a study, no application for the development shall be deemed complete until the study has been completed and a determination is made as to the appropriate amount of land or money necessary to offset the effects of the subdivision. II. Effective Date This Ordinance shall be effective following its passage and publication as required by City Charter. Adopted by the Lino Lakes City Council this day of , 2001 By: John Bergeson, Mayor ATTEST: Jean Viger, Deputy Clerk The motion for adoption of the foregoing ordinance was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: • The following voted against same: Whereupon said ordinance was declared passed and adopted. • • Ordinance 01 -06, Park Dedication page 5 01 -72 Council Member introduced the following resolution and moved its adoption. CITY OF LINO LAKES RESOLUTION NO. 01-72 RESOLUTION APPROVING PARK DEDICATION FORMULAS AND FEES FOR RESIDENTIAL, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS. WHEREAS, NAC, Inc., conducted a detailed Park and Trail Dedication Study for the City of Lino Lakes dated April 3, 2001 to review park and trail dedication standards based upon development of the system identified in the Comprehensive Park and Trail Plan; and WHEREAS, the study recommended that the City Subdivision Ordinance be amended to reflect dedication language provided by Minnesota Statutes and to establish park dedication fees that are proportional to the impact that projects will generate on the park and trail system; and WHEREAS, the Park and Trail Dedication Study determined that the 2001 land value for the purpose of calculating park dedication fees is $28,000 per acre; and • WHEREAS, the Park and Trail Dedication Study determined that the park and trail impact per residential unit is $1,380; and WHEREAS, the Park and Trail Dedication Study determined that the commercial /industrial park and trail impact per acre is $2,614; and • WHEREAS, the City Subdivision Ordinance has been amended to allow for individual determinations of park impact per development if requested by the applicant; and WHEREAS, the City of Lino Lakes will periodically review land values and park and trail infrastructure costs and amend the dedication fees /standards accordingly. NOW, THEREFORE BE IT RESOLVED, that the Lino Lakes City Council hereby establishes the following park dedication fees for residential, commercial and industrial development: Residential Unit Charge - Commercial/Industrial Charge - $1,380 per unit $2,614 per acre Adopted by the Lino Lakes City Council this day of , 2001 • ATTEST: Jean Viger, Deputy Clerk John J. Bergeson, Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared passed and adopted. • • AGENDA ITEM 7 B • • STAFF ORIGINATOR: C. C. MEETING DATE: TOPIC: ACTION REQUIRED: BACKGROUND Jeff Smyser May 29, 2001 • FIRST READING: Ordinance 01 -01 Rezoning Lot 13 Block 2 Sunset Oaks to R -1 • FIRST READING: Ordinance 02 -01 Amending Comprehensive Plan to Allocate 2.55 Acres of MUSA Reserve • Resolution 01 -06 Approving Preliminary Plat Behm's Farm Park Addition 4/5 vote for rezoning ordinance 4/5 vote for MUSA ordinance 3/5 for preliminary plat resolution The applicant, Century Farms Development, has applied for a rezoning, an allocation of MUSA reserve acres, and a preliminary plat. The site is within the existing Behm's Park on the southwest corner of Mustang Lane and Palomino Lane. Behm's Park currently includes approximately 8.6 acres. The park area includes Lots 13, 14, 15, and 16, Block 2, Sunset Oaks. The City acquired these four lots for park purposes via warranty deed in December 1985 to fulfill park dedication for Sunset Oaks. The City rezoned Lots 14, 15, and 16 to R -1 in 1994 (Ordinance 15 -94). Lot 13, the southern portion of the park, was not included in the rezoning action. This likely was an oversight. In 1997, the City received approval from the Metropolitan Council to allow the City to use part of its MUSA reserve for the Behm's Century Farms development. The approved submittal map included Lots 14, 15, and 16, but did not include Lot 13. That is, the southern part of Behm's Park was not included in the area where MUSA can be applied. Again, probably an oversight. In 1999, the City Council authorized selling 2.55 acres of the park to G. M. Development for $75,000, which was to include grading improvements to the park (Ordinance 16 -99 and Resolution 99 -50). The intent was to allow for the creation of nine house lots. Proceeds of the sale of this land would be used to develop the park. However, there was no guarantee in the purchase agreement that the City would approve rezoning or development of the 2.55 acres. Behm's Farm Park Addition page 2 • Gary Uhde of G. M. Development has requested that the City allow him to follow through on his plan for developing the new lots. Staff discussed this with the City Council at a work session on 11/8/00 and Council directed staff to proceed. • In order to proceed, three actions are needed: 1. Rezone Lot 13 Sunset Oaks to R -1 2. Allocate 2.55 acres of MUSA reserve to the area to be sold to the developer 3. Preliminary plat This report is based on the submittal consisting of the following: Preliminary Plat 12/11/00 submitted 12/11/00 Preliminary Grading Plan 4/18/00 submitted 12/11/00 Existing Conditions 12/11/00 submitted 12/11/00 ANALYSIS Land use and zoning for the site and surrounding land are listed in the following table. The site includes 8.6 acres with 2.55 acres to be platted as new house lots. The proposed plat would create 9 single family lots. The existing comprehensive plan shows the site as Single Family Residential. The draft land use plan originally showed the site as Public Semi - Public. That map was created before the negotiations with the City over the land sale. The draft map has been amended to reflect the new lots, showing them as Low Density Sewered Residential. Rezoning Section 2, Subd. 1.E. of the zoning ordinance states that the City shall consider possible adverse effects of the proposed zoning amendment. Its judgement shall be based upon, but not limited to, the following factors. 1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. Comprehensive Plan (existing) Comprehensive Plan (1998 draft) Zoning site Single Family Resid. Public /Semi - Public R -1 and Rural north Single Family Resid. Low Density Sewered Resid. R -1 east Single Family Resid. Low Density Sewered Resid. R -1 west Single Family Resid. Low Density Unsewered Resid. Rural south Single Family Resid. Low Density Unsewered Resid. Rural The site includes 8.6 acres with 2.55 acres to be platted as new house lots. The proposed plat would create 9 single family lots. The existing comprehensive plan shows the site as Single Family Residential. The draft land use plan originally showed the site as Public Semi - Public. That map was created before the negotiations with the City over the land sale. The draft map has been amended to reflect the new lots, showing them as Low Density Sewered Residential. Rezoning Section 2, Subd. 1.E. of the zoning ordinance states that the City shall consider possible adverse effects of the proposed zoning amendment. Its judgement shall be based upon, but not limited to, the following factors. 1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. • • Behm's Farm Park Addition page 3 2. The proposed use is or will be compatible with present and future land uses of the area. The land use and zoning table shows that the proposed rezoning complies with these first two factors. The site and surroundings is guided for single family and park uses. Land immediately surrounding the new lots is already developed with single family homes. Most of the current park will remain park The park acts as a buffer for the larger lot, unsewered homes to the west and south. 3. The proposed use conforms with all performance standards contained herein. The proposal meets the zoning and platting requirements contained in City ordinances. 4. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. Existing utilities can handle the nine new lots. 5. Traffic generation by the proposed use is within capabilities of streets serving the property. The existing roads can easily handle traffic from the nine new homes. Staff recommends finding that the project complies with the above factors. MUSA Policies As noted above, most of the site is within the area approved for the use of some MUSA reserve. The lower portion is not. However, only 0.5± acres is outside the approved area. Because this appears to be an oversight of the past, staff feels comfortable with this. In addition, most of the area approved for MUSA will remain as City parkland. The City's MUSA reserve can be allocated within approved areas at the City's discretion. Currently, the City has 29.2 acres in the reserve. This project would need 2.55 acres of MUSA reserve. Interim MUSA Reserve Criteria: The City has criteria for the allocation of the MUSA reserve. Application of Interim MUSA Reserve shall be subject to the following: 1. An application for MUSA Reserve shall be considered at time of Preliminary Plat approval and allocated at time of Final Plat following completion of a development agreement and posting of financial guarantees. • The request for MUSA is occurring concurrently with preliminary plat application. • • Behm's Farm Park Addition page 4 2. The property in question shall be zoned R -1 or R -1X or a rezoning application be in process in conjunction with the preliminary plat. The rezoning request is occurring concurrently with the MUSA request. 3. The property in question must be immediately adjacent to existing MUSA. MUSA is directly across both Mustang and Palomino Lanes. 4. MUSA Reserve shall be allocated to net buildable acres. The net acreage for the nine lots is 2.55 acres, and that is the MUSA request. 5. Development of the property must be considered a natural utility extension. 6. Development of the property must be considered a natural extension of existing roadways. Utilities and roadways exist directly adjacent to the site. 7. Development of the property shall not adversely affect the health, welfare, and general safety of the community. 8. Development of the property shall be environmentally compatible with the surrounding area. There is no evidence of negative impacts to the community or environment. The wetland plan was approved by the Rice Creek Watershed District. 9. Development of the property shall be consistent with the City's Comprehensive Park Plan. The revenue from developing the site into nine lots will provide funds to develop the park according to the Park Plan. 10. MUSA Reserve shall be allocated only to properties located within Sewer District 1, 4s, 6 and the Behm's Century Farms Development within Sewer District No.2. The site is almost entirely within the Behm's development as reviewed by the Met Council, and would be completely in it if not for a past oversight. 11. Development of the property shall be consistent with the City's comprehensive Sewer and Water Plan. Utilities and roadways exist directly adjacent to the site. 12. The developer shall demonstrate a commitment to the community. - This is one phase of the larger Behm's development area. Behm's Farm Park Addition page 5 13. The proposed development shall comply with the City's Infill Policy as outlined by Resolution No. 92 -85. See below. 14. Roadways serving the proposed development shall be determined adequate to handle the additional traffic generated by the proposed development or a financial commitment shall be made by the developer to upgrade said roadways. Existing roads are adequate to handle traffic from nine new lots. Infill Policy: The City adopted Resolution 92 -85, a policy for the location of new development, also referred to as the "infill policy ". This policy includes criteria to be considered, which are listed below: • All new developments must be located within the MUSA as established by the Comprehensive Plan. Allocation of MUSA acres from the MUSA reserve will fulfill this requirement. • All new developments must be analyzed for impact on utility and street system costs. • New development shall only be allowed if: a) The cost of utility and street extensions can be covered by immediate assessment, and b) The cost of operation and maintenance of the system will not exceed the normal costs, and c) An upfront payment or series of payments by the developer would offset any additional costs. Utilities and streets exist to serve the new lots. Payments to support service to these lots will be addressed as with any development. Staff recommends finding that the project meets these criteria. Preliminary Plat Lots, Blocks: All the proposed lots comply with the minimum lot dimensions. The blocks will not be separated by roads. Rather, park trails between the platted blocks will provide access to the park. Natural Features: An existing ditch has been relocated as part of the drainage plan for the larger Behm's project. This ditch is classified as wetland. There is a small wetland on the southern portion of the site that is not being impacted. The impact plan was approved by the Rice Creek Watershed District. • Behm's Farm Park Addition page 6 Native plantings have been planted inside the southern half of the trail loop. The northern portion is sodded, irrigated play area. Transportation, Roads, Access, Circulation: No new roads are proposed. Parks and Trails: The City agreed to sell the land to the developer in order to obtain funds to develop the park. As part of the land sale agreement, the developer has completed earthmoving work in the park. He also graded the trail and installed aggregate. The City has since paved the trail. Additional park dedication will be $6885 cash. Because of the unusual situation, staff and the developer negotiated for the cash dedication. This is based on a typical cost of land per acre in Lino Lakes, and the 2.55 acres of new lots: $27,000 x 2.55 = $68,850. The typical City park dedication of 10% calculates out to $6885. Some discussion occurred at the public hearing about trail access to the site. Behm's 5th Addition to the east across Mustang Lane originally had a trail leading to Mustang Lane. However, residents protested that trail location, so it was not constructed all the way to Mustang. Stormwater Management: As noted above, the ditch across the northern portion of the park has been realigned somewhat as part of an approved plan. Grading and stormwater management for this area was reviewed with previous Behm's Century Farms development. The grading plan for the new lots will meet City requirements. Utilities: Sewer and water are available both in Mustang Lane and Palomino Lane. Conditions of Approval of Preliminary Plat: Resolution 01 -06 approves the preliminary plat. Three conditions of approval are included in the resolution: 1. Ordinance 01 -01 must be in effect (30 days after publication) before the final plat can be recorded. 2. Ordinance 02 -01 must be in effect (30 days after publication) before the final plat can be recorded. 3. The developer must notify purchasers of residential lots of the existence of the nearby Lino Air Park. The developer must provide to the City a copy of the notification format to be used before final plat approval by the City. PARK BOARD RECOMMENDATION The Park Board discussed this project at its January 4 meeting. The Board was glad this project is in progress in order to complete the agreement and develop the park. The Park Board is satisfied with the additional cash park dedication. • • • Behm's Farm Park Addition page 7 ENVIRONMENTAL BOARD RECOMMENDATION The Environmental Board discussed this project at its January 3 meeting. That Board recommends additional native plantings behind the Mustang Lane lots and notification of the need for periodic burning of the plantings. Staff believes the existing native plantings are sufficient. PLANNING & ZONING BOARD The P & Z reviewed the applications on January 10, 2001. The P & Z approved the rezoning, MUSA allocation, and preliminary plat. One condition was added to the plat: that the purchasers of the lots are notified of the existence of the air park. SALE OF LAND As explained above, the land currently is zoned Rural, with a 10 -acre minimum. Until the land is rezoned, no lots smaller than that can be created. This means that the nine lots making up 2.55 acres of land cannot be created until the rezoning is effective. Therefore, the City cannot sell the land to Century Farms Development until the rezoning is effective, 30 days after publication of Ordinance 01 -01. OPTIONS 1. Approve Ordinance 01 -01 rezoning Lot 13 Block 2 of Sunset Oaks to R -1. 2. Approve Ordinance 02 -01 amending the Comprehensive Plan to allocate 2.55 acres of MUSA reserve to the 9 lots shown in the preliminary plat of Behm's Farm Park Addition. 3. Approve Resolution 01 -06 approving the preliminary plat of Behm's Farm Park Addition with the conditions listed in the resolution. 4. Deny applications. 5. Return to staff with direction. RECOMMENDATION Options 1, 2, and 3 • • 01 -01 Council Member introduced the following ordinance and moved its adoption. CITY OF LINO LAKES ORDINANCE NO. 01-01 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF LINO LAKES BY REZONING CERTAIN REAL ESTATE FROM R RURAL TO R -1 SINGLE FAMILY RESIDENTIAL The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: Section 1. The City Council makes the following findings regarding the application for rezoning the property described below, based on the factors listed in Section 2,.Subd. 1.E. of the Lino Lakes zoning ordinance: 1. The proposed rezoning action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan, as the site is guided for single family and park uses. 2. The proposed use is or will be compatible with present and future land uses of the area. The site is guided for single family and park uses. Land surrounding the site is already developed with single family homes. Parkland will remain on most of the site. The park acts as a buffer for the larger lot, unsewered homes to the west and south. 3. The proposed use conforms with all performance standards contained herein. The accompanying plat proposal meets the zoning and platting requirements contained in City ordinances. Single family homes and public parks are permitted R -1 uses. 4. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. Existing utilities can accommodate the nine new lots. 5. Traffic generation by the proposed use is within capabilities of streets serving the property. The nine new homes will not cause negative impacts on the existing roads. Section 2. A public hearing was held before the Planning & Zoning Board on January 10, 2001. Section 3. The Zoning Ordinance of the City of Lino Lakes, Anoka County, Minnesota, passed by the City Council on July 14, 1997 is hereby amended by rezoning from R, Rural, to R -1, Single Family Residential, the following described real estate: Lot 13, Block 2, Sunset Oaks Section 4. As above amended, said Zoning Ordinance shall stand as initially passed and previously amended. Section 5. This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Passed by the Lino Lakes City Council this day of , 2001. John J. Bergeson, Mayor ATTEST: Jean Viger, Deputy Clerk The motion for adoption of the foregoing ordinance was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said ordinance was declared passed and adopted. • • 02 -01 Council Member introduced the following ordinance and moved its adoption. CITY OF LINO LAKES ORDINANCE NO. 02-01 • • AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN BY ALLOCATING 2.55 ACRES OF MUSA RESERVE TO NINE LOTS IN THE BEHM'S FARM PARK ADDITION The City Council of the City of Lino Lakes, Anoka County, Minnesota does hereby ordain: Section 1. The City Council finds that the proposed project meets the City's Interim MUSA Reserve Criteria as follows: 1. The request for MUSA is occurring concurrently with preliminary plat application. 2. The rezoning request is occurring concurrently with the MUSA request. 3. MUSA is adjacent to the site, across both Mustang and Palomino Lanes. 4. The net acreage for the nine lots is 2.55 acres, and that is the MUSA request. 5. Utilities exist directly adjacent to the site. 6. Roadways exist directly adjacent to the site. 7. The City has reviewed the proposal and there is no evidence of negative impacts to the community health, welfare, or general safety. 8. The City has reviewed the proposal and there is no evidence of negative impacts to the environment. The wetland plan was approved by the Rice Creek Watershed District. 9. The revenue from developing the site into nine lots will provide funds to develop the park consistent with the City's Comprehensive Park Plan. 10. The site is within the intended Behm's Century Farms Development within Sewer District No.2 as reviewed by the Met Council. 11. Utilities exist directly adjacent to the site. • 12. This is one phase of the larger Behm's development area, which is a significant commitment to the community. 13. The proposed development complies with the City's Infill Policy outlined by Resolution No. 92 -85, because: allocation of MUSA reserve will put the site within the MUSA; the development of the site has been analyzed for impacts on utility and street system costs; the analysis determined that costs will be covered by assessments, that operation and maintenance will not exceed normal costs, and there will be no additional costs. 14. Existing roads are adequate to handle traffic from the nine new proposed lots. Section 2. A public hearing was held before the Planning & Zoning Board on January 10, 2001. Section 3. Since the findings support the proposal, 2.55 acres of MUSA reserve shall be allocated to the area included in the nine lots of the Behm's Farm Park Addition. Section 4. This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Passed by the Lino Lakes City Council this day of , 2001. John J. Bergeson, Mayor ATTEST: Jean Viger, Deputy Clerk The motion for adoption of the foregoing ordinance was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said ordinance was declared passed and adopted. 01 -06 Council Member introduced the following resolution and moved its adoption. CITY OF LINO LAKES RESOLUTION NO. 01-06 RESOLUTION APPROVING THE PRELIMINARY PLAT FOR BEHM'S FARM PARK ADDITION WHEREAS, the City has received an application for preliminary plat approval for Behm's Farm Park Addition, and WHEREAS, A public hearing was held before the Planning & Zoning Board on January 10, 2001, and WHEREAS, Ordinance 01 -01 rezones Lot 13 Block 2 Sunset Oaks to R -1 Single Family Residential, and WHEREAS, Ordinance 02 -01 allocates 2.55 acres of MUSA reserve to the nine lots in the proposed plat, and WHEREAS, the proposed preliminary plat meets the requirements of the City's zoning ordinance and subdivision ordinance, NOW, THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes hereby approves the preliminary plat for Behm's Farm Park Addition with the following conditions: 1. Ordinance 01 -01 must be in effect (30 days after publication) before the final plat can be recorded. 2. Ordinance 02 -01 must be in effect (30 days after publication) before the final plat can be recorded. 3. The developer must notify purchasers of residential lots of the existence of the nearby Lino Air Park. The developer must provide to the City a copy of the notification format to be used before final plat approval by the City. Passed by the Lino Lakes City Council this day of , 2001. John J. Bergeson, Mayor • • • ATTEST: Jean Viger, Deputy Clerk The motion for adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared passed and adopted. 1I-- -COUNTY --HWY. RIGHr+0r14 4Y' PCAT NO 50 11 I -*AM — STRCET 0 z 0 8 0 0 •r e. 0 LOT I 0 BLOCK I Q 6 16 15 14 13 .112 11 I0 9 / CARL, 18 1T •I/ 15 14 i I 13 12 11 1 OUTLOT 8 PARK 9 1V0R1 7 •Y[LIY [TI &ET too- 2 3� 4 5 m 0 W J 7 OUTLOT 5 2 3 8 4 5 mndT 5 6 LINO L LAKES R EHABILITATIOf1 CENTI STATE TRUNK HIGHWAY NO.49- 74TH- STREE' 4 trZ 5 Cbflnrr How mGmr•or wrr nrr, NO 50 { oT I a.00. a a %MIN 5 TREE I r_.: Gtle�.t�T GeoNA. 11.941 6 - 60 0 15 14 / 13 a AIR PARK 2 Cm..0 2 9 6 • 6 2• r ! ? I 3 15 14 13 4 4 5 T ; . • - f 7 8' 9 10.11 12 5 617 8 91101111121' • �6 I i II le IND TRI F • 73. • • , • �. oat ' I/ •i, 2• 2 •' _. a 2 5 2 . 16 B '• • 4 ; • i( .2 d 3 O p' 4 L. •: 3 1 • I 6. 7. 8 / 2 3 k 1 1 2 3 4 7 9 /0 • f_ YI / . 2. 3'' 4. 3 .6 5,6 * CIEZE IICF2i • • . . 11 'OAR ' • • ---- — • ' --7 3 , • ■ .1%.311 .. . 1 t. , ... i ..-ev • 1 '43* .1. 7- •*--- --r.-- -1 • 1 t i t _L ; . . .. .. 1/ I 1 , -• i , i, 1 - I -1. 1 '•;'. a-ni 1 % , , . 1 i ••■,:•.............. .v. gi '.,. :._. 2_ .1. . ' .• - 1 ' ie.. ; • ; •-•""'' ; - • ....r'''' ' 1' - r -r--- , . . . , i r ... • .. :., - , . . i , ; . I A. • ; --. ---• F -- 1-- -. -- :-.- lAAR 1.- -- • I . .Warmi n — ' 1 . . — . I •ti . ....--,-...--r I t i , ''' : 1 ; -'• — -'-----i 4 1 __. DC4S1 -__ 41 1 — y - . .. . r _., r ....0 ri• 6 11 A. • ; 71- _ _ .f■ 12..... • i 4 . A. • ..1 .I•iint I. al, 1 * tla • ,1 •-•• .■ • - --L- • it. : ‘riirtN424nclli. „ r : • PARK NORTH 114 l• t!Ilif12413 2 1" !Isis I I" I ! ' • ••••••••• ammo, MM. I • 3 • • • ,• g, . Alpo IMOLAI • lrevrr.r ,.,• uNO I , o 1, TIf . ',1144‘' • .• / ITT • ••••■■••••••■•• r LI 101111■1••• r-:-2 • 7 BEHM'S FARM PARK ADDITION 1 I Anr,-, -,nA1 rTl 1 nV VI I IVIv r--• l \I 1 :' I fl I 30 30 I n l\ I V I _ J 1 L - - --— f 1I \11^ 0 g 0 0 `CAI /111IAIn I A1.1r;- ----- - - - - -- - - -- — - NORTH LINE OF LOT 16. BLOCK 2. SUNSET OAKS -`` n - - - - I r '� M ---- 578.88 N 87'09'10" E ---- Si ) 80A0 _ _ -- 153.86-- 80.00 80.00 ) 35.00 80.00 80-. --'1 r -1 r 1 I l w 1 1 31 3 1 3 4 Co 1 J t . ^��� 1 33 33 3 I I o In 1 I I I' OI 1 1 OI 1 1 O ��� I° '�" I 3 01 1 I `� T I I NI 20 iN OI I 2 o 1 Z 1 6 ZI I 1 y .- ✓ 4 1 NI I 1 1 O _.J..t__ , \ I I O 1 po , ? 54• , i �t to $I 1 I I M o f i I ri -1 1 — I M a\7 j r 1") -I ! _� n 6000 / e I N - - - -� ' -- O. .... 6o.ao 187 °09'10 "W' -- 93,63 N67'03'15 E- $5FF - u / ' 1 135.00.' N89 °29' 14 "W- 1 i r 1 6M /'' E B��Jr' �06 '� 3 vi 0 I? 6 2 R i� O W H I r \r -1. I' I`)\/ vLIY l Ul\ I NW CORNER OF LOT 16 - - --- i 31. )4 a� 1�`- m / 1Y) �X\ x i_‘, w \ J J\ CZ —J co 4 tr Y p ri Cr! o in- Io -J I 0 0 J N 3 si :.5 ?-•.1 1 S 00'01'4I" W -- .' �paa6P`� Ng6 .• 20 1 v1 1 ‘'EL-13 5.00 N89 °29'14 "W 1' 3Pv oI 438.01 A 1 N00 °30'46 "E - 0 0 0 2 8 A L; �I <c W ri - 1 a; 89 °29'14 "E - -� "�) m 1' .01:091' 2 , L_ v I0 V I Y I ut 10 0 I VUI\t ZI I ;- I (I) 1 > 2 8 33 1 33 L 135.00 S - -- -135.00 N89 °29'14 "W -- 0 —1— ■ 135.00 N89 °29'14 W Y) NI - -- 573.22 N 87'21'40" E-- SOUTH LINE OF LOT 13. BLOCK 2. SUNSET OAKS MIMS 1 135.21 j __ Q CITY OF LINO LAKES COUNTY OF ANOKA SECTION 7, TOWNSHIP 31, RANGE 22. S 0 50 100 150 SCALE: 1 INCH = 50 FEET o - DENOTES IRON MONUMENT. BEARINGS SHOWN ARE ASSUMED. DRAINAGE AND UTILITY EASEMENTS SHOWN THUS: 5-->1 I I jE-5 .IO_ J BEING 10 FEET IN WIDTH AND ADJOINING. RIGHT -OF -WAY UNES UNLESS OTHERWISE INDICATED, AND BEING 5 FEET IN WIDTH AND ADJOINING LOT LINES, UNLESS OTHERWISE INDICATED AS SHOWN ON THE PLAT. HY —LAND SURVEYING, P.A. LAND SURVEYORS SHEET 2 OF 2 SHEETS • 2 I 0 C.) SUNSET ROAD 01 • oi .1) 2 •-• . I - - FS .324' 85 ' ' 815,., 8b. 41:1110 1, SEWO ti tr, f ":;;?. 905.6 1 106 132 85 • 2 1 C8 323 05. ' / / / / _ — -1+3%1-, SE nos .6 1'06 aLIA4 .. . C8 325 U .3\22.11 - 66-' \ 'us \'• r ••\ 4. , • s. / t r 'cr I 44, 905.5 SEWO 905.5 - ' SEW° 904.0 1 904.0 0 . - mom MMIEM 0 25 50 100 C8 3271 C8 1328A 00M % tams ppellne ca 3264 WI mints 131pe 80 80 c;-• 904.3 904.3 SEWO 4 5E1 8 'T. GRAPHICS SCALE (in feet) 200 SHEET 2 3 PATF 12/11/00 PROJECT NO: 921206 C.401) IF 1,49, / / / / "' • , . ).,...% .10,1.„1„../•':e .: • •„ ... ,..." , 0.60 • ,--.:P" / • e . ''''••".-- f %., „. •'- , . - .. .. • i 1; ..../....... ', . 1 t 1 % . .."..,/ .. . - .....4.......-‘ iI ■ ! ,."-''''•-.- ;:".,-,:-4-1 1 1.' i,-c7 --...-4e--,-,1 •...,..0„. JoN. '. , ....‹..,?..,i, /.,,' • ' 1 A • I 3Fft: "•. / /\ • • .4`4LIP;; "41.1°6 • -, .• r LOCN •I 35 ' • / ...... • . • 4 904.5 /7 904 904 5. ' -r IMES 908.'15 SEWO 905.65 9b5.2 PRELIMINARY Y PLAT BEHM'S FARM PARK ADDITION CENTURY FARM DEVELOPMENT. Inc. Lino Lakes. Mn 105 I F4.41, Sma •14. 4. repo, var....4 4, no se ty' oreat • p.n... 44 *41 • n• • eagy reria..3 /14.4444 44s• rho ipei 4 m• ••ary !Aldo J C JOHNSON CONSULTANTS. INC. SITE PLANNING AND DESIGN C / 6601 - 75th Ave. N. Brooklyn Pork. MN 55428 Phone: 1612/ 566-6158 FAX (6)2) 566-4374 1' 1105' X 906.15 9 _AP DE CiTY OF 324 • • 4 o • g i• V 0 \ .0 • t's\ ▪ • It* • T. 013 SE 0 = O y ▪ m * 0 • 905.6 0 0 0 4414,■•• ••■••■••• 3 A CB 326 — — — C8 326* V41 iami.P.111" -. IL__41/ ■' A • =11-11L"'"in-morol 7:77:41,„t. -1T ...„...1 . / .." )./. i ..— ".., . / -- ..0 IP‘1:;• . -..",..." ..0.•-„ • • , ••‘" ' 1 . t ' 1 % . : ./../.....-• . , ....41....... 1 , 1 , , 1/ ; „...,- .': 80• SUNSET ROAD • , • 010 90, SE 11111111110' 1 LI 000 1H4) LAKES 0 25 50 100 200 GRAPHICS SCALE (in feet) 1 1 REVISED 10/11/00 REVISED PIPE OUTLET DITCH & ADDED EASEMENT REVISED 8/29/00 REVISED SILT FENCE. TRAIL & WETLAND LOCATION REVISED 9/30/99 REVISE SILT FENCE LOCATION REVISED 9/9/99 ADD EROSION CONTROL DETAIL SHEET PAIF. 3 4/18/00 PROJECT NO 921206 3 CADD NO.: GRADING PLAN BEHM'S FARM PARK ADDITION CENTURY FARM DEVELOPMENT. Inc. Lino Lakes. Mn 2 2 r: 6 -F- • 1 • • • 1 • r 152 .7.4 • Ya tata,:or an et ,at r..fttepi 17 ne aat parlapa J C JOHNSON CONSULTANTS. INC. 1 SITE PLANNING AND DESIGN 6601 - 75th Ave. N. Brooklyn Pork. MN 55428 Phan*: (612) 566-6158 FAX (6121 566-4374 O 105' 1 801. 7 r % .. -- . A s4 MUSTANG COUV: 9 i . .....J. .___ ...,...a--,—............r_.—......-,-.1— r '1,, 1 .. ' s f \ % ` \ ' / ' . t 6 05 • 100 _ • • • AGENDA ITEM 7 C STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: May 29, 2001 TOPIC: Resolution 01 -69 Approving a Variance To Allow Accessory Building Closer To Front Lot Line Than Principal Building John Cartier, 2088 80th St. BACKGROUND Mr. Cartier has applied for a variance from the prohibition on building an accessory building closer to the front lot line than the principal building. This report is based on the drawing submitted 3/19/01 showing the proposed accessory building location on a 6/14/91 certificate of survey by E. G. Rud & Sons, Inc. ANALYSIS The City's zoning ordinance states that "No detached accessory structure shall be closer to the front lot line than the principal building or its attached garage (Section 3 Subd. 4.D.1.c.). Mr. Cartier wants to build an accessory building. The existing house is toward the southwest corner of the property. The septic system is to the southwest of the house. Considering the need for an alternate drainfield site, there is little land left there for the accessory building. Mr. Cartier states that land to the southeast of the house is lowland and unbuildable. The aerial photo does show an area that appears to be a pocket pond, possibly wetland. The area noted as "drainage" on the drawing corresponds to a type of soil with a seasonally high water table, according to the county soil survey prepared by the Soil Conservation Service. It is possible that the accessory building could be built in the far southeast corner of the site, but that would require driving through the wet area to reach it from the house. Mr. Cartier wants to build a 40' x 60' or 40' x 70' accessory building. The site is approximately 10 acres, so he could have a total of 4200 sq. ft. of accessory space, including the attached garage. The garage is approximately 868 sf, which leaves3332 sf. A 40' x 70' building would be 2800 sf. • Cartier Variance page 2 Findings for Variance In considering all requests for variance and in taking subsequent action, the City shall make a finding of fact: 1. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. 2. That the plight of the landowners is due to physical circumstances unique to his property not created by the land owner. 3. That the hardship is not due to economic considerations alone and when a reasonable use for the property exists under the terms of the ordinance. 4. That granting the variance requested will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. 5. That the proposed actions will be in keeping with the spirit and intent of the ordinance. The location of the low, wet area prevents an accessory building from being built to the southeast of the house. The existing drainfield and need for a secondary drainfield area prevents the building from being built to the southwest of the house. It would be unreasonable to require a driveway through the wet area to reach the far southeast corner of the property. The landowner's intent to use the new building for an agricultural use fits with the purpose of the Rural zoning district. • Staff recommends approving the variance with the following condition: 1. A building permit must be obtained before construction of the accessory building begins. PLANNING & ZONING BOARD ACTION The P & Z approved the variance request at its May 9, 2001 meeting. OPTIONS 1. Approve Resolution 01 -69 granting the variance as requested with the condition listed. 2. Deny the variance request. 3. Return to staff with direction. RECOMMENDATION • Option 1 01 -69 Council Member introduced the following resolution and moved its adoption. CITY OF LINO LAKES RESOLUTION NO. 01-69 RESOLUTION APPROVING A VARIANCE TO ALLOW AN ACCESSORY BUILDING TO BE CLOSER TO THE FRONT LOT LINE THAN THE PRINCIPAL BUILDING WHEREAS, a request has been submitted to the City Council for a Variance from the City of Lino Lakes Zoning Code, and WHEREAS, the legal description of the property is: The east 658 feet of the west 1314 feet of the North Half of the North Half of the Northwest Quarter of Section 12, Township 31, Range 22, Anoka County, Minnesota. Subject to roads. and WHEREAS, Section 3 Subd. 4.D.1.c. of the Lino Lakes zoning ordinance states that "No detached accessory structure shall be closer to the front lot line than the principal building or its attached garage ", and WHEREAS, the applicant desires to construct an accessory building closer to the front lot line than the existing house, and WHEREAS, the City Council of the City of Lino Lakes makes following findings of fact: 1. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The existing drainfield and need for a secondary drainfield area prevents the accessory building from being built to the southwest of the house. 2. The plight of the landowners is due to physical circumstances unique to his property not created by the landowner. The location of the low, wet area prevents an accessory building from being built to the southeast of the house and it would be unreasonable to require a driveway through the wet area to reach the far southeast comer of the property. 3. The hardship is not due to economic considerations alone. This application is not driven by reluctance to spend extra money to avoid the need for a variance. 4. Granting the variance requested will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. The physical features of the site create the hardship. • • Cartier Variance page 4 5. The proposed actions will be in keeping with the spirit and intent of the ordinance. The landowner's intent to use the new building for an agricultural use fits with the purpose of the Rural zoning district. NOW, THEREFORE, BE IT RESOLVED, that the Lino Lakes City Council hereby approves the variance to construct an accessory structure closer to the front lot line than the principal building, in the general location indicated on the attached drawing received by the City on March 19, 2001. BE IT FURTHER RESOLVED that the following condition of approval applies: A building permit must be obtained before construction of the accessory building begins. Adopted by the Lino Lakes City Council this day of , 2001 John J. Bergeson, Mayor ATTEST: Jean Viger, Deputy Clerk The motion for adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared passed and adopted. C-Ou4` t (me,./ cC2-'fii,\ (9(;z_ *C Lid/v1 lQW,��c iZtgd,/ 1. o'/ Q- ;14) 6S= Rcoh 71 r)la 6y ,,k r °1P-N +.k% d.✓ 7 e mgr A-0A1t r >.l t^n )4n-1 t A )S0 e-I 17LA,`'6 a. Witt mkt AA,„,c r- tk c- /a-t- � �, m m6t Art ).\4/ Jou; c_ )4 414 xb0 ` o x 70" /49$ but' . wau lcl. (tm�h° RECEIVED MAR 1 9 2001 CITY OF LINO LAKES OA_ CERTIFICATE OF SURVEY For: 45/7 4? Curlier S/ef "= /oo' 3/.0 0 N Gorge /S.3 +I /CC P.-gored Nouse Wool 10.0 DETAIL M 909.0 Denotes proposed e �eva, /ion x9or.o anofts ex /stint e /eva /ion ,,-.9eno/tr .rc,r/ace drainoire . Dino /es .10/1 borin¢ Proposed Elevations: Top of Block = 911.1 Garage Floor = 9/0.7 Basement level = 907.9 (scs w/o) North /ine of NW /+ of Section /2 Raw efpowcr p.h 14.V.rhatt wins •' `_ Easement as shown on Anoka County Section Bops. 658.00 go 435,971 .ro. = 10.009 f Re. imenrfonr. 658.03 S139°16' /7"W South lint of NA e N) of NW A. of &lion 12 Bearings shown are assumed. 0 Denotes iron monument set. T %7. 0 0 `n I RECEIVED 1 MAR 1 9 2001 CITY OF L,,O IG.KES Property description: The east 658 feet of the west 1314 feet of the North Half of the North Half of the Northwest quarter of Section 12, Township 31, Range 22, Anoka County, Minnesota. Subject to roads. Nord': A%-0/00se4V s.)omvo Ay, a es71, L.Gs. e0/ We 401J Proposed those 4 E eafi oas (L /7/96) wo v/c' , /p P.:e er �iema9C 9rao/e. Book 24 ale. 42 Tab No. Jesse/is 1 hereby eerfi!_y' lhaf /his plan, survey or repor/ was prepared by me or unar my direct' supervision and /ha/ / am a du /y Re4isfered Land Surveyor u er the /aws o/• /he SRa /e or Minnesota . Dated this �i r day of' wne 7 1.9 9/ , rte — , Rejislrofion No. 9c9t8 E. CT. RUD f SONS, INC. LAND SURVE YORS 9180 LexincjIon Ave. N. Circle Mn. 55014 n/. 796-5556 • t. - 1 Wo/kov? do. o DyAIC. Proposed Elevations: Top of Block = 911./ Garage Floor = 9/o -7 Basement level = 907.9 (5'c s North /int: of /VW % of Se.ction /2 <C: 24 U i i'umi,, a.�:.;«bh1�►:. °i: <'. *+.�e.,.,..:,•:,:; at{ ii :•.- �:.:y'a....`.�Yi?:v,:•'tia� ``.ri•^�.6• -11•6"1"..."'NerSt.' '-iaAlrEfirtretbit . . . "• Re w of Power Poles wiovtncead wires tr`%. = - U.P.A. Ease/ncn-6 as shown on Anoka County S edioit Maps. - 658.00•'--- ---------- - R� • • AGENDA ITEM 7D STAFF ORIGINATOR: John Powell, City Engineer COUNCIL MEETING DATE: May 29, 2001 TOPIC: SECOND READING, Ordinance No. 01 -07, Vacating An Easement on Lot 11, Block 1, Lino Air Park North VOTE REQUIRED: 4/5 VOTE REQUIRED BACKGROUND: The owner of the lot at 314 Carl Street has petitioned the City to vacate a portion of the easement located on his lot. The dimensions of the existing easement, the proposed easement, and the legal description are described on the attached drawings. The existing easement was dedicated for ponding and flowage purposes. The property owner has requested this change because the existing easement configuration will not accommodate his proposed house and hanger. There is also a taxiway easement on the property that will be left unaltered. Rice Creek Watershed District has reviewed and approved of the proposed change as shown on the attached correspondence dated March 5, 2001. City staff has determined that the drainage can be conveyed using the reduced easement area as shown and recommends granting the vacation request. Section 12.05 of the City Charter requires that real property of the City cannot be disposed of except by Ordinance. The first reading of this ordinance was held on May 14, 2001. The Ordinance will require one more reading, publication, and a waiting period before it is in effect. The proposed schedule for this vacation is as follows: First Reading of the Ordinance Second Reading of the Ordinance Publication of the Ordinance in the Legal Newspaper Effective Date of the Ordinance May 14, 2001 (Complete) May 29, 2001 June 5, 2001 July 5, 2001 OPTIONS: 1. Approve the Second Reading of Ordinance No. 01 -07. 2. Return to staff for further consideration. RECOMMENDATION: Staff recommends Option 1. • Council Member introduced the following ordinance and moved its adoption: ORDINANCE NO. 01 -07 CITY OF LINO LAKES ANOKA COUNTY, MINNESOTA AN ORDINANCE VACATING A PORTION OF AN EASEMENT ACROSS LOT 11, BLOCK 1, LINO AIR PARK NORTH THE CITY COUNCIL OF THE CITY OF LINO LAKES DOES HEREBY ORDAIN: Section 1. That it is in the best interest of the City to vacate a portion of an easement across Lot 11, Block 1, Lino Air Park North, as shown and described on the attached drawing. Section 2. That the City of Lino Lakes held Public Hearings before the City Council on May 14, 2001, and May 29, 2001. Section 3. This Ordinance shall be in full force and effect from and after 30 days following its passage and publication, in accordance with the City Charter. Passed by the Lino Lakes City Council this 29th day of May, 2001. • John J. Bergeson, Mayor Jean Viger, Deputy City Clerk The motion for adoption of the foregoing Ordinance was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said Ordinance was declared passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of an ordinance duly passed, adopted, and approved by the City Council on May 29, 2001. Jean Viger, Deputy City Clerk • CERTIFICATE OF SURVEY FOR cJW-L- >O \-\NSD I HEREBY CERTIFY THAT THIS SURVEY. PLAN OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISIM AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER TH- AWS OF T STAJE OFytINNEfOTA. f N1 I NNESO A L I CENSE NO • 1 C C tQ._ 451-RC:: O G T t4 v-4 ANC R-)_cfr 1 \ ``&v7, 2, I ALIS1G� \NI = M (o,z, PLATTE >> KURTH SURVEYING, INC. 4002 JEFFERSON ST. N.E. COLUMBIA HEIGHTS. MN. 33421 16121 788-0760 FAX (612) 788-7602 DATE 5-/ S -- t to (Lex, 0 • IRON MONUMENT ZI 5'° ) O nAVe -r►1LS 6U s1mc-c 1 1 SCALE IN FEET tycQc2L.\ t,14.1 h ?Lt- QL-AT" itN 7 0 aO (_) t-1\ A2r PP.0 •s�P�L %O.00 — . ojj %51''W �o 'rIxlWA.y aA5E;Inc1,1T � sZ° 3O` 3`V‘ 17'5 0 1 I,') 4D\-t�cT CET 5 _ Vs. C=C. ¶ FoR GX\47-1-11 -lC-1 F=LOwAL�c= CWCrfleN\ S- L1 2 flbCZ QP-u(0'7C 0 Ft_uw�I�l ? LTA�:Y\G Z SCLr S -IIiLT °j t=oZ 1)( T1hl(zi NRO FZaPO•St -D ?oh D1M� A CI Cu7u /7.0-7- ASC*'tcNT puSLR - \P oN5 - �Zr -5L2c Lc 1 ):'6LOc -t-< \) k-_,1140 /-\• \2?Al2-Kt4a?- r4N. To'T14L op Trot - EA/761-4 ENT A.'REi f� n/1430 "2cz CEIliT)I F HATE . OF SURVEY KURTHSURVEYNG, NC. (MEASUREMENTS SHOWN IN FEET AND DECIMALS OF A FOOT) 4002 JEFFERSON ST. N.E. COLU431A I-EIGHTS. RN. 55421 (763) 788 -9769 FAX (70) 788 -7602 iiiR CARL JOHNSON EBY CERTIFY THAT THIS SURVEY. EBY CERTIFY THAT THIS SURVEY. PLAN OR REPORT VAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED L ND SURVEYOR UNDER WS OF TI E pTATE MI TA. 1. )Lk Randy L. Kurth. L.L.S. No. 20270 Russell J. Kurth, L.L.S. No. 16113 m' / :- / Bin -411) NJ B8'- 46' -62 "E /(1)' N Be'- 45' -51'E 16.74' 98.00' / y __Tt'� -- - 1' 8k, 101 l\ 1 L \= 5 66'- 45' -51" "J 11.39' 1 1' SI \ • BI I If) 10► 0 50 1 ! SCALE IN FEET DATE 2-- ‘`t - O 1/4 0 = IRON MONUMENT BEARINGS PER PLAT \ \ \\ _ N{ZCIA "L=xC LL5 7� t-A p0NDr4.4Li ANA Low' L-il L'\ T CARL_ 9TRET (66' R ./1^I AS PLATTED NW CORNER. LOT 11 N 87°32'14"E -174.79 ROADWAY EASE N 88 °45'51 "E -- 17.79 -- NT N 1'- 14' -9'W N 1'- 14 " -0J "VJ I�m r - --J (II 19.64• S 86'- 45 - -61 "4 68'- 46' -51' E 11.00' Nzr N 66'- 45' -51 "E 3 m m• e Z 1 1. 1 101 10.34' r -, "III L �.. Z S 63.07' S 88'- 45•-51'W S 1'- 14' -09 "E N BB'- 45' -51 "E 94.66' 01 1BA m� m 120.00' E30-- 45.- 61 "L': S 87 °30'39 "W 173.71 -m T i r-, T iL_- -. - -SEE -SEE -SEE AND II` I+„ 1 A 1. L a, NV Y V) (D LEGAL_ DESCRIPTION L_o� 11. E31oc1 -‹ 1 Lino Air Port -c Ar- iol- -c Cour,j. Mr-). TOTAL OF NON- EASEMENT AREA 19.250t SO.FT. SHEET 2 OF 3 SHEE=TS SHEET 1 FOR EXISTING FLOWAGE EASEMENT SHEET 2 FOR PROPOSED FLOWAGE EASEMENT SHEET 3 FOR EXISTING AND PROPOSED PONOING FLOWAGE EASEMENT DESCRIPTIONS CERTIFICATE OF SUR (MEASUREMENTS SHOWN IN FEET AND DECIMALS OF A FOR CM—L- o N so14 REBY BY ME OR UNDER MY DIRECT SUPERVISION CERTIFY THAT THIS SURVEY. PLAN OR REPORT AND THAT I AM A DULY LICENSED L 1 SURVEYOR UNDER TH AWS OF T S�l7 TE • MI • R• dy L. Kurth. L.L.S. No. 20270 Russell J. Kurth. L.L.S. No. 16113 0 SCALE IN FEET 0 VEYKLOTHYN. FOOT) 4002 JEFFERSON ST. NE COLUMBIA FEIGHTS. MN. 55421 (612) 788 -9769 FAX (612) 788 -7602 DATE 2- ►q - Z°o 1 SHEET 3 OF 3 SHEETS EXISTING LEGAL DESCRIPTION FOR PERPETUAL PONDING AND FLOWAGE EASEMENT All of Lot 11, Block 1, LINO AIR PARK NORTH, Anoka County, Minnesota, except the following: Commencing at the northwest corner of said Lot 11; thence South 01 degree 10 minutes 25 seconds West, assumed bearing, along the west line of said Lot 11, a distance of 57.52 feet; thence North 88 degrees 45 minutes 51 seconds East, 15.01 feet to the actual point of beginning; thence continue North 88 degrees 45 minutes 51 seconds East, 90.00 feet; thence South 01 degree 14 minutes 09 seconds East, 174.00 feet; thence South. 88 degrees 45 minutes 51 seconds West, 7.50 feet; thence South 01 degree 14 minutes 09 seconds East, 40.00 feet; thence North 88 degrees 45 minutes 51 seconds West, 90.00 feet; thence North 01 degree 14 minutes 09 seconds West, 40.00 feet; thence North 88 degrees 45 minutes 51 seconds East, 7.50 feet; thence North 01 degree 14 minutes 09 seconds West, 55.00 feet; thence North 88 degrees 45 minutes 51 seconds East, 31.00 feet; thence North 01 degree 14 minutes 09 seconds West, 174.00 feet to the actual point of beginning. PROPOSED LEGAL DESCRIPTION FOR PERPETUAL PONDING AND FLOWAGE EASEMENT All of Lot 11, Block 1, LINO AIR PARK NORTH, Anoka County, Minnesota, except the following: Commencing at the northwest corner of said Lot 11; thence South 01 degree 10 minutes 25 seconds West, assumed bearing, along the west line of said Lot 1 I, a distance of 57.52 feet; thence North 88 degrees 45 minutes 51 seconds East, 16.74 feet to the actual point of beginning; thence continuing North 88 degrees 45 minutes 51 seconds East, 98.00 feet; thence South 01 degree 14 minutes 09 seconds East, 50.00 feet; thence South 88 degrees 45 minutes 51 seconds West, 19.54 feet; thence South 01 degree 14 minutes 09 seconds East, 105.41 feet; thence South • 88 degrees 45 minutes 51 seconds West, 63.07 feet; thence South 01 degree 14 minutes 09 seconds East, 48.59 feet; thence North 88 degrees 45 minutes 51 seconds East, 94.66 feet; thence South 01 degree 14 minutes 09 seconds East, 50.00 feet; thence South 88 degrees 45 minutes 51 seconds West, 120.00 feet; thence North 01 degree 14 minutes 09 seconds West, 50.00 feet; thence South 88 degrees 45 minutes 51 seconds West, 10.34 feet; thence North 01 degree 14 minutes 09 seconds West, 99.00 feet; thence North 88 degrees 45 minutes 51 seconds East, 11.00 feet; thence North 01 degree 14 minutes 09 seconds West, 55.00 feet; thence South 88 degrees 45 minutes 51 seconds West, 11.39 feet; thence North 01 degree 14 minutes 09 seconds West, 50.00 .feet, to the point of beginning. SEE SHEET 1 FOR PICTORAL OF EXISTING EASEMENT SEE SHEET 2 FOR PICTORAL OF PROPOSED EASEMENT • Rice Creek Watershed 3585 N. LEXINGTON AVENUE , SUITE 330 ARDEN HILLS, MINNESOTA 55126 -8056 PHONE (651) 766 -4191 - FAX (651) 766 -4196 March 5, 2001 Mr. Carl Johnson 796 Arbogast Street Shoreview MN 55126 Dear Mr. Johnson: www.mnwater ied.o .htm Board of Manage Regular Meetings: 2nd and 4th Wednesdays at Shoreview City Hall KATE DREWRY, District Admin. BONITA TORPE, Admin. Assist. Subj: Amendment to RCWD Permit #94 -142: Final Site Drainage Plan for 5 -unit residential development known as Lino Air Park North, City of Lino Lakes. We have reviewed the proposed changes to the ponding and flowage easements for Lot 11, Block 1 of Lino Air Park North as detailed in the Certificate of Survey prepared by Kurth Surveying, Inc., dated 2- 19 -01. As the amount of floodplain fill will not increase, this change is acceptable to the District. Please forward documentation that the revised easement has been filed and recorded. Sincerel Kate Drewry District Administrator bct c: Correspondence City of Lino Lakes RCWD File: #94 -142 A.J. CARDINAL, SR. ANOKA COUNTY TOM WADDELL RAMSEY COUNTY BOARD OF MANAGERS JAMES A. LEROUX WASHINGTON COUNTY ORDEEN J. BRAATHEN RAMSEY COUNTY EUGENE L. PETERSON ANOKA COUNTY EMMONS & OLIVIER RESOURCES Consulting Engineers 651 - 770-8448 • Co- Counsel: HAROLD H. SHEFF 612-332-1000, MICHELLE I. ULRICH 651-699-9845 AGENDA ITEM 7E STAFF ORIGINATOR: John Powell, City Engineer COUNCIL MEETING DATE: May 29, 2001 TOPIC: PUBLIC HEARING — 21st Avenue Street and Storm Sewer Improvements VOTE REQUIRED: 3/5 Vote required to close the hearing BACKGROUND: On April 23, 2001, the City Council received a Feasibility Report, and set the Public Hearing, for the installation of storm sewer and street along 21st Avenue, south of Main Street. This report had been prepared to address transportation and storm sewer needs of the Clearwater Creek Business Center area. On May 22, 2001, Lino Lakes staff met with Centerville staff to discuss the details of the feasibility study and related issues. The feasibility study had been prepared based on a Joint Powers Agreement (JPA) previously approved by the City of Lino Lakes. Centerville staff has requested changes in the JPA which affect some of the cost and assessment data in the study. A revised study that incorporates the requested JPA changes will be submitted and presented at the hearing. No further action will be requested until the City Council has had an opportunity to consider the revised JPA. The revised JPA will be prepared, submitted to Centerville staff for review, then brought to the Lino Lakes City Council for your consideration on June 11, 2001. OPTIONS: 1. Continue the Public Hearing. 2. Close the Public Hearing. RECOMMENDATION: Option No. 2 - Staff recommends closing the public hearing. STAFF ORIGINATOR: P & Z MEETING DATE: TOPIC: AGENDA ITEM 7 F Jeff Smyser May 29, 2001 Resolution 01 -71 Approving for Distribution the Environmental Assessment Worksheet for the Lino Lakes Marketplace ACTION REQUIRED: 3/5 vote BACKGROUND Minnesota state statutes require environmental review for certain projects. Rules written by the Minnesota Environmental Quality Board (EQB) describe the requirements for the environmental review. These rules were written to implement MN Statute 116D, the Minnesota Environmental Policy Act. City staff have reviewed the information submitted by the project proposer on the Lino Lakes Marketplace project. This project includes a Target Superstore, Kohl's, and approximately 35,000 sf of smaller retail buildings. Staff has amended the information and is comfortable recommending that the EAW be distributed for public comment. Environmental Review Process The rules state that when specified types of projects reach a specified size, they cross a threshold for mandatory environmental review. Environmental review starts with an environmental assessment worksheet (EAW). An EAW is defined as a brief document which is designed to set out the basic facts necessary to determine whether an environmental impact statement (EIS) is necessary. The EAW form was created by the EQB. It is a list of questions that must be completed based on the project specifics. Briefly, the project proposer submits information for the EAW. The City then reviews the submitted information for accuracy and completeness. Then the EAW is distributed and made available for public review. A public comment period of 30 days follows. Approving the EAW for distribution means that the City is comfortable that the document is accurate and complete to the best of its knowledge. There is no other commitment or hidden implication regarding approval of the project in making the decision to distribute the document. Approving the EAW for distribution does not mean that the City is approving the project. On the contrary, if a project requires an EAW, the project cannot be started and no governmental entity can make a final decision on the project until the environmental review process is completed. • After the public comment period, the City decides if it has enough information to determine if the project will cause significant environmental effects. If it will not cause such effects, the City makes a "negative declaration" meaning that an EIS is not necessary. If the review process reveals, in the judgement of the City, that the project will cause significant environmental effects, the City makes a "positive declaration" meaning an EIS is necessary. An EIS is a very large, very expensive study. It is not unusual for an EIS cost a million dollars and typically takes several years to complete. A step -by -step summary of the process follows. 1. Project proposer submits data. • Normally, the developer completes the EAW form and the City reviews and amends it. • It is the City's document and the City has a responsibility to ensure, to the best of its ability, that it is complete and accurate. 2. City approves the EAW for distribution. 3. There is a list of agencies to which the EAW must be distributed. 4. Availability of the EAW is published in the EQB Monitor. (see attached example) City provides press release to newspaper. 5. Thirty -day public comment period begins on day of publication. 6. After comment period closes, City determines if it has enough information to make a determination. • If not, it can postpone the decision for 30 more days to gather information. 7. If City has sufficient information, it should make a determination within 30 days of the close of the comment period. • A negative declaration means there will be no significant environmental effects from the project and an EIS is not necessary. • A positive declaration means an EIS is necessary. 8. The City provides its decision within five days to the distribution list and everyone who submitted a comment. 9. The City must respond to all substantive comments and distribute the responses. The attached EAW is the main part of the document —the questions and answers. There are several hundred pages of exhibits that go along with it. They are listed on page 28. • • • The project proposer will make all the necessary copies and distribute them to the required agencies via certified mail. We will have a copy available in the library in City Hall. The next deadline for the EQB Monitor is June 4, which will allow for publication on June 11. The public comment period would end July 11. OPTIONS 1. Approve Resolution 01 -71 approving the EAW for distribution. 2. Return to staff with direction. RECOMMENDATION Option 1 • • • ENVIRONMENTAL ASSESSMENT WORKSHEET 1. Project Title: 2. Proposer: Contact Person: Title: Address: Phone: Fax: e -mail: 3. RGU: Contact Person: Title: Address: Phone: Fax: e -mail: Lino Lakes Marketplace Ryan Companies, US Inc. Thomas Palmquist Vice President 700 International Centre 900 Second Avenue South Minneapolis, MN 55402 -3387 612- 336 -1200 612- 337 -5552 toms almquistryancompanies.com City of Lino Lakes Jeff Smyser City Planner 600 Town Center Parkway Lino Lakes, MN 55014 —1182 651 - 982 -2425 651 - 982 -2499 jsmvser( ci.lino- lakes.mn.us 4. Reason for EAW Preparation: Mandatory EAW per EQB Rule 4410.4300, Subp. 14. B. Construction of a new or expansion of an existing industrial, commercial, or institutional facility, other than a warehousing or light industrial facility, equal to or in excess of the following Thresholds, expressed as gross floor space: third or fourth class city, 200,000 square feet. 5. Project Location: S 1/2 of SE 1/4 Sec 8, T31 N R22W County: Anoka City: Lino Lakes Attach are copies of the following: a. county map showing the general location of the project (Figures la and 1b). b. copy of USGS 7.5 minute, 1:24,000 scale map (photocopy is OK) indicating the project boundaries (Figure 2). c. a site plan showing all significant project and natural features (Figure 3) Page 1 of 28 Draft EAW Lino Lakes Marketplace May 11, 2001 FIGURE 1A: General Proiect Location t 4,, Lnoka County-Blain #VL I 2 } ' L x'ngtOn A 1 Rcinaeai Lake cR 153 e 7/ Eastcgide it , Diet Pt Bier La r ._.1 Centerulli A Lakes 41- rit r �ikE �3 114-- 4 • lulound§ �eGy11 �-~� �nbed Park t 31A eld Park ij kPark k is ij 1 1 } yw� 144 cag La rumuraty Park Sf1'k LOCATION t- Lake { Poplar Lake Amelia Lake j A iii Tkfnsan .Linz 4, Deep Lake l� 4 f 1 t North Oaks _ r 1 = , t 1127 l Pl atant Lake Black Lake tamr rurl Lakr r- ;tittle take Park ,.. r } ( t I, kr 1' t 'B rcFr Lak I- L x:78, , 4 - t oreview L Page 2 Draft EAW Lino Lakes Marketplace May 5, 2001 FIGURE 1B: General Proiect Location Page 3 Draft EAW Lino Lakes Marketplace May 5, 2001 • FIGURE 2: USGS Mao of Project Boundaries • MAIN 903 • w..T • •9, • • STREET. 0 ... y1 • • • 11 • • ti :i MOE • • _ • 918 4 •I:IN • sF r i la i. o u.t • •N • • s . Highway 23 Approximate Site Boundary • • • ■,.• ••••.r• • • • • • •'• .1f• d • . • • S S. • .. .77TH • T■itchel n gifCern a ~ -' • t, sTR ET• ••• •/ e r/ { ••. •I 1 . r r • \-) .0A X, "%▪ ' LANE 1 ::990 •L! 49 I35W State Carrection;Cen,er I: 4r ., 't: George Watch t 879 886 16 : :r Image: Portion of USGS Centerville Quadrangle Legal Description: S' /2 SE 1/4 Section 8 T31 N R31 W, Anoka County, MN Major Watershed: Mississippi River Minor Watershed: Rice Creek Page 4 Draft EAW Lino Lakes Marketplace May 5, 2001 • FIGURE 3: Site Plan • •••••••••••••• ••■••r Jinn— —WM- IMP ..ww i • _J— wee r Page 5 Draft EAW Lino Lakes Marketplace May 5, 2001 • 6. Description a. Provide a project summary of 50 words or less to be published in the EQB Monitor. The project consists of a retail center in the City of Lino Lakes located in the northeast quadrant of the intersection of Interstate 35W and Lake Drive. The existing undeveloped land of 40.15 acres will be replaced with 326,400 square feet of retail buildings. b. Give a complete description of the proposed project and related new construction. Attach additional sheets as necessary. Emphasize construction, operation methods and features that will cause physical manipulation of the environment or will produce wastes. Include modifications to existing equipment or industrial processes and significant demolition, removal or remodeling of existing structures. Indicate the timing and duration of construction activities. Ryan Companies, US Inc. is proposing to develop a retail center in the City of Lino Lakes. The development is located in the northeast quadrant of the intersection of Interstate 35W and Lake Drive. The development will replace approximately 40.15 acres of undeveloped land with approximately 326,400 square feet of retail buildings with associated parking areas, including the following: SuperTarget Retail Store 182,760 square feet Kohl's Retail Store 106,584 square feet Other Retail 37,056 square feet total 326,400 square feet The initial plan for the Kohl's store includes 86,584 sf with a future 20,000 sf addition. Other retail space has not been finalized and may change somewhat. Including all buildings, parking, and roads, the total amount of impervious surface after development is expected to be 28.78 acres. Initial site work and construction is expected to begin August 2001, with the grand opening of the proposed SuperTarget Store scheduled for July 2002. Remaining parcels are expected to be developed by the end of 2005. Traffic generation from this project will create the need for signal lights and turn lanes on Lake Drive. The project proposer has submitted information stating that the retail hours of operation will be 6:00 a.m. to 12:00 p.m. Hours of operation and potential impacts on neighboring properties will be considered as part of the project review. c. Explain the project purpose; if the project will be carried out by a governmental unit, explain the need for the project and identify its beneficiaries. To provide retail services to the public. d. Are future stages of this development including development on any outlots planned or likely to happen? Yes x No If yes, briefly describe future stages, relationship to present project, timeline and plans for environmental review. Page 6 of 28 Draft EAW Lino Lakes Marketplace May 11, 2001 • • • e. Is this project a subsequent stage of an earlier project? _Yes x No If yes, briefly describe the past development, timeline and any past environmental review. 7. Project Magnitude Data: Total Project Area: 40.15 acres Number of Residential Units: unattached 0 attached 0 Commercial/lndustrial /Institutional building area (gross floor space): 326,400 sq. ft. Total Square Feet: 326,400 Indicate area of specific uses: Office 0 Manufacturing 0 Retail 326,400 square feet Other Industrial 0 Warehouse 0 Institutional 0 Light Industrial 0 Agricultural 0 Other Commercial (specify) 0 Building Heights: The one -story retail buildings will be approximately 20 to 35 feet tall. 8. Permits and approvals required. List all known local, state and federal permits, approvals and financial assistance for the project. Include modifications of any existing permits, governmental review of plans and all direct and indirect forms of public financial assistance including bond guarantees, Tax Increment Financing and infrastructure. Unit of Government Type of Permit/Approval Status US Army Corps of Engineers Section 404 Permit To be applied for Rice Creek Watershed District Plan Approval, Wetland Mitigation Plan Pending Minnesota Pollution Control Agency (MPCA) Indirect Source Permit To be applied for, dependent on commitment to road improvements. MPCA NPDES to be applied for MPCA Construction Stormwater Permit to be applied for MPCA Sanitary Sewer Extension To be applied for MN State Dept of Health Water Main Extension To be applied for MN State Dept of Transp. Drainage Plan To be applied for Anoka County County Road Access To be applied for City of Lino Lakes Environmental Assessment Pending Worksheet City of Lino Lakes Rezoning Pending City of Lino Lakes Sanitary Sewer Connection to be applied for Permit City of Lino Lakes Watershed Permit to be applied for City of Lino Lakes Water Tapping Permit to be applied for City of Lino Lakes Water Inspection Permit to be applied for City of Lino Lakes Fire Protection System Flushing to be applied for Permit Page 7 of 28 Draft EAW Lino Lakes Marketplace May 11, 2001 • • • Unit of Government Type of Permit/Approval Status City of Lino Lakes City of Lino Lakes City of Lino Lakes Building Permits Platting Site Plan Review to be applied for Pending Pending Refer to Exhibit A for copy of MNDOT's review of the project plat and requirements. 9. Land use. Describe current and recent past land use and development on the site and on adjacent lands. Discuss project compatibility with adjacent and nearby land uses. Indicate whether any potential conflicts involve environmental matters. Identify any potential environmental hazards due to past site uses, such as soil contamination or abandoned storage tanks, or proximity to nearby hazardous liquid or gas pipelines. The land use designations and zoning is shown in the table: A portion of the site and land to the northeast of the site is a large area designated as " Greenway" on the draft land use plan. Greenways can include valued natural features, trails, or both. They provide corridors for wildlife and serve to protect natural environmental features as well as provide linkages for trails. The greenway corridors are conceptual and are to be specifically located as part of development review process. The project site is guided and zoned by the city for retail commercial uses. Though the SC Shopping Center zoning district is intended for the types of uses proposed by the project, it does not allow for individual lots smaller than three acres, nor does it allow for lots that do not front on a public roadway. Because of these restrictions, it is necessary to rezone the site to PDO Planned Development Overlay. In Lino Lakes, a planned development is a rezoning. The PDO zone allows for greater flexibility and more economical and efficient use of the land. Current Land Use: The site is undeveloped. Adjacent Land Uses: Along the northern edge of the site, on the south side of 77th St., are two warehouses and two duplexes which abut the project site. Across 77th St. to the north is the existing Carole's Estates residential neighborhood of single family homes. There are several more residences on larger lots to the immediate east of the project site. All these residential properties are on individual wells and septic systems except for the two duplexes, which are connected to city utilities in 77th St. To the south of the site is approximately 10 acres of commercial land and Interstate 35W. To the south of the freeway is the Village, where the City is working to create a city center of mixed uses, including City Hall and other public uses as well as private housing and commercial uses. Page 8 of 28 Draft EAW Lino Lakes Marketplace May 11, 2001 existing comprehensive plan draft new comprehensive plan zoning site shopping center Mixed Use SC Shopping Center north Single Family Residential Low Density Unsewered Residential, one Commercial lot on corner Rural east Rural Low Density Unsewered Residential Rural south I -35W, commercial to south Commercial and I -35W and Mixed Use to south I -35W and Limited Business to south west Neighborhood and General Business Commercial Neighborhood and General Business A portion of the site and land to the northeast of the site is a large area designated as " Greenway" on the draft land use plan. Greenways can include valued natural features, trails, or both. They provide corridors for wildlife and serve to protect natural environmental features as well as provide linkages for trails. The greenway corridors are conceptual and are to be specifically located as part of development review process. The project site is guided and zoned by the city for retail commercial uses. Though the SC Shopping Center zoning district is intended for the types of uses proposed by the project, it does not allow for individual lots smaller than three acres, nor does it allow for lots that do not front on a public roadway. Because of these restrictions, it is necessary to rezone the site to PDO Planned Development Overlay. In Lino Lakes, a planned development is a rezoning. The PDO zone allows for greater flexibility and more economical and efficient use of the land. Current Land Use: The site is undeveloped. Adjacent Land Uses: Along the northern edge of the site, on the south side of 77th St., are two warehouses and two duplexes which abut the project site. Across 77th St. to the north is the existing Carole's Estates residential neighborhood of single family homes. There are several more residences on larger lots to the immediate east of the project site. All these residential properties are on individual wells and septic systems except for the two duplexes, which are connected to city utilities in 77th St. To the south of the site is approximately 10 acres of commercial land and Interstate 35W. To the south of the freeway is the Village, where the City is working to create a city center of mixed uses, including City Hall and other public uses as well as private housing and commercial uses. Page 8 of 28 Draft EAW Lino Lakes Marketplace May 11, 2001 • Project compatibility with adjacent land uses: The City has intended that this site be developed for extensive retail use and has planned and zoned it for such uses. The potential impacts on the existing neighborhood is an important concern to be addressed in the design of the project. Traffic, lighting, noise, and landscaping must all be addressed. With proper attention to the potential for impacts on surrounding land uses, the project can be compatible. The project will not have a road connection to 77th St. This avoids retail traffic from using residential streets. As standard City policy applied to all commercial projects. lighting will be reviewed by the City to ensure fixtures do not create glare on neighboring properties. Proposed landscaping along 77th St includes spruce and birch trees. Specific species will be reviewed by City environmental staff to ensure compatibility with the location and planned uses. Noise issues are addressed as part of the indirect source permit (see item 24 and Exhibit H). An additional noise issue is loading dock activity at different hours of the day. One potential means of addressing this issue is to apply a condition that truck loading must occur during specified hours. The overall building architecture will be oriented toward some of the features already used to the south in the Village area as well as new features that will complement the site and provide screening and buffering to the rural neighborhoods to the north and east of the property. Environmental hazards from past land uses: None identified. 10. Cover Types: Estimate the acreage of the site with each of the following cover types before and after development (before and after totals should be equal): If Before and After totals are not equal, explain why: Before /After totals do not equal because of revegetation and plantings. 11. Fish, wildlife and ecologically sensitive resources a. Identify fish and wildlife resources and habitats on or near the site and describe how they would be affected by the project. Describe any measures to be taken to minimize or avoid impacts. Rice Creek Chain of Lakes Regional Park Reserve The Rice Creek Chain of Lakes Regional Park Reserve, owned and managed by Anoka County, is part of the regional open space system. The park contains some of the most significant native wildlife habitat in the metropolitan area. Habitats are rich and varied and include heavily wooded areas, wetlands, prairie, lakes, flood plains, and open fields. Visitors may see muskrats, red fox, grey & red squirrel, woodchuck, weasel, deer, resident birds such as pheasant, pileated woodpeckers, bald eagles, and a variety of migratory waterfowl. Page 9 of 28 Draft EAW Lino Lakes Marketplace May 11, 2001 Before (acres) After (acres) Types 1 to 8 Wetland 4.88 1.24 Wooded /Forest 5.62 3.99 Brush /Grassland 32.3 1.85 Cropland 0 0 Urban /Suburban Lawn Landscaping 0 2.51 Gravel Parking Lots 0 0 Impervious Surfaces (including structures) 0 28.78 Other (Ponding) 0 2.82 Total 42.8 41.19 If Before and After totals are not equal, explain why: Before /After totals do not equal because of revegetation and plantings. 11. Fish, wildlife and ecologically sensitive resources a. Identify fish and wildlife resources and habitats on or near the site and describe how they would be affected by the project. Describe any measures to be taken to minimize or avoid impacts. Rice Creek Chain of Lakes Regional Park Reserve The Rice Creek Chain of Lakes Regional Park Reserve, owned and managed by Anoka County, is part of the regional open space system. The park contains some of the most significant native wildlife habitat in the metropolitan area. Habitats are rich and varied and include heavily wooded areas, wetlands, prairie, lakes, flood plains, and open fields. Visitors may see muskrats, red fox, grey & red squirrel, woodchuck, weasel, deer, resident birds such as pheasant, pileated woodpeckers, bald eagles, and a variety of migratory waterfowl. Page 9 of 28 Draft EAW Lino Lakes Marketplace May 11, 2001 • • The park contains a blue heron rookery with reported flights in vicinity of the project site. Per conversation with John Von Delinde, Anoka County Parks and Recreation Department, it is believed that the blue heron rookery relocated to an unknown area due to construction noise related to the reconstruction of I -35W in the spring and summer of 1999 and 2000. Potential water quality impacts on wetland habitat in the park reserve is an important issue. Runoff from the site ultimately runs under the freeway into the park reserve and George Watch Lake. Plant Communities The wildlife habitat value of the project site is primarily a function of the type, distribution and quality of the plant communities it encompasses. The project site encompasses three plant community types: (1) an upland forest stand with old field openings in the southwest corner of the site, (2) a large central upland old field area that covers most of the project site and (3) two partially drained wetlands that lie in the northeast corner of the site adjacent to I -35W. These plant communities were described in detail in the Lino Lakes Town Center Natural Resources Inventory Report. The characteristics of these areas and anticipated project impacts are summarized below. These summaries combine information from the Inventory and a site visit by a member of the project proposer's team. Upland Forest Stand with Old Field Openings The ground layer in this stand is dominated by smooth brome (Bromus inermis), with quack grass (Agropyron repens) and blue grass (Poa pratensis) also present. The mature portion of the overstory consists of large, 24 -30 inch bur oaks (Quercus macrocarpa) and two large, 12 -20 inch American elms ( Ulmus americana). The balance of the deciduous trees include boxelder (Acer negundo), Siberian elm (Ulmus pumila), and one 15 inch cottonwood (Populus deltoides). Coniferous tree species adjacent to this area include 7 -8 inch red cedars (Juniperus virginiana). Upland Old Field Quack grass, smooth brome, blue grass, giant mullein (Verbascum thapsus), and a variety of other native and non - native plant species adapted to disturbance dominate the old field portion of the site. In the east central portion of the old field there is an area that has been previously scraped and includes piles of dumped materials that appear to include dredged peat substrates, glacial till with gravels and sands, some demolition debris, and some cinders. Around the scrape, large areas of weedy disturbance vegetation have developed, including horseweed (Erigeron canadensis), giant mullein, sweet clover (Melilotus spp.), and Russian thistle (Salsola kali), with scattered bush clover (Lespedeza spp.) also present. Throughout the large field are patches of depauperate dry prairie containing New Jersey tea (Ceanothus americanus), bush clover, showy goldenrod (Solidago speciosa), and patches of little and big bluestem (Andropogon gerardii and Schizachryrium scoparium), Indian grass (Sorghastrum nutans), love grass (Agrostis spp.), pearly everlasting (Anaphilis margaritacea), vervains (Verbena spp.), evening primrose (Oenothera biennis), and prairie panic grass (Panicum linearifolium). The City Ordinance defines a significant tree as any hardwood deciduous tree 6" caliper or greater, any softwood deciduous tree of 8" caliper or greater, and any coniferous tree of 12' height or greater. See Exhibit J, Significant Tree Survey. The tree survey logged 752 trees, including 566 "significant trees" as defined by ordinance. The proposed grading activities will require the removal of 474 significant trees. In addition, the City has requested that all aspen and cottonwood be removed from the site. An additional twenty-one (21) "significant" aspen and cottonwood will be removed that would have been preserved during the grading process. The total tree removal count is then at 495 significant trees. Refer to Exhibit J — Tree Removal for more specifics on the common name of trees on site and those removed. Page 10 of 28 Draft EAW Lino Lakes Marketplace May 11, 2001 The City does not have a tree mitigation /replacement guideline. In lieu of this requirement, the applicant believes that the proposed landscaping plan meets the goals and objectives of the City's landscaping requirements. The site grading activities will result in the removal of 21 Tamarack trees from the property. Specific to this action, sixty -seven (67) Tamarack trees will be planted in the northwest and east areas of the site, surrounding and in the bio- retention basins. The Tree Preservation Plan is provided in Exhibit K. Wetlands Two partially drained wetlands lie at the eastern end of the project site. These wetlands are described in more detail under Question 12. Fish and Wildlife The proposed project will result in a reduction in wildlife habitat and an attendant reduction in wildlife numbers on the project site. None of the species affected are in danger of significant population reductions or of becoming uncommon as a result of the proposed project. Specific impacts are discussed in more detail below. Mammals Because the project site is predominantly upland old field, most of the mammalian species are consistent with this habitat type. Such species include thirteen -lined ground squirrels, woodchucks, red fox, pocket gophers, meadow voles, deer mice and striped skunks. The site has limited forested areas that may receive use by white - tailed deer, eastern chipmunks, raccoons, gray squirrels, cottontail rabbits and gray fox. Due to their partially drained state and the associated invasion of woody plants, the wetlands on the site probably receive more use by the above - listed upland forest species than wetland dependant species. The reed canary grass - dominated portions of the basins provide limited mammal habitat, being used primarily by - meadow voles. Impacts to mammals will primarily be associated with the clearing and conversion of forested and grassland habitats to developed uses. The reduction in habitat for species using these areas will ultimately reduce mammal populations on the project site. Birds The primary birds using the project site are those adapted to old field areas such as include mourning doves, American robins, chimney swifts, eastern kingbirds, tree swallows, barn swallows, common grackles, brown headed cowbirds, house finches, house sparrows and starlings. Bird use of forested and shrubby areas is more limited due to the relatively small amount of this habitat on the site. Species that use such areas include American crows, downy woodpeckers, blue jays, black- capped chickadees, white - breasted nuthatches, house wrens, gray catbirds, brown thrashers, cedar waxwings, warbling and red -eyed vireos, northern cardinals, indigo buntings, chipping sparrows, white - throated sparrows, goldfinches and broad - winged hawks. Yellow warblers, common yellowthroats, song sparrows and red - winged blackbirds use the wetland fringes. The site encompasses no suitable habitat for waterfowl or wading birds. It is also unlikely that the site receives much use by bird species dependant on large tracts of unbroken forest (e.g. scarlet tanager, ovenbird, yellow- throated vireo, red -eyed vireo and cerulean warbler). With conversion of the project site to developed uses, the site will no longer provide habitat for bird species using the old fields and limited woodlands on the site. The proposed on -site water quality treatment pond will provide limited habitat for waterfowl and wading birds, though it has not been designed to have significant wildlife habitat value. The off -site wetland mitigation areas will increase the habitat available for a variety of wetland dependant bird species. Page 11 of 28 Draft EAW Lino Lakes Marketplace May 11, 2001 • Reptiles and Amphibians Typical reptile and amphibian species likely to be using the project site include garter snakes, ring- necked snakes, and gray tree frogs. Habitat values for these species will be reduced as a result of converting forest and old field areas to developed uses. Wetland dependant species (e.g. leopard frogs, painted turtles) will be largely unaffected, as the hydrology of the wetlands on the site is too ephemeral to support these species. The proposed off -site mitigation areas will result in a net increase available habitat for wetland dependant reptiles and amphibians. Fisheries: The project site encompasses no fisheries habitat. b. Are any state - listed (endangered, threatened or special concern) species, rare plant communities or other sensitive ecological resources such as native prairie habitat, colonial waterbird nesting colonies or regionally rare plant communities on or near the site? X Yes No If yes, describe the resource and how it would be affected by the project. Indicate if a site survey of the resources has been conducted and describe the results. If the DNR Natural Heritage and Nongame Research program has been contacted give the correspondence reference number: Describe measures to minimize or avoid adverse impacts. The Minnesota Department of Natural Resources (DNR) has reviewed the Minnesota Natural Heritage database to determine if any rare plant or animal species or other significant natural features are known to occur within an approximate one -mile radius of the project site. Exhibit B references a correspondence and documentation from the DNR. Based on the DNR review, there are eight known occurrences of rare species or natural communities in the searched area. However, based on the nature and location of the proposed project, the DNR does not believe it will affect any known occurrences of rare features. NHNRP Contact No. ERDB 20010650 & 20010181 12. Physical impacts on water resources. Will the project involve the physical or hydrologic alteration — dredging, filling, stream diversion, outfall structure, diking, and impoundment — of any surface waters such as a lake, pond, wetland, stream or drainage ditch? _X _Yes No If yes, identify water resource affected and give the IDNR Protected Waters Inventory number(s) if the water resources affected are on the PWI: Describe alternatives considered and proposed mitigation measures to minimize impacts. Wetlands on Proiect Site Wetlands on the project site have were delineated Peterson Environmental Consulting, Inc. on December 6, 2000. The delineation is considered preliminary because it was conducted outside the normal growing season. The Rice Creek Watershed District and the U.S. Army Corps of Engineers have been provided copies of the delineation report and asked to review and provide letters of concurrence on the delineation as early in the Spring of 2001 as possible. Two jurisdictional wetlands were delineated, cumulatively totaling 4.87 acres. These wetlands are described below and in complete report in Exhibit C Page 12 of 28 Draft EAW Lino Lakes Marketplace May 11, 2001 Basin A Basin A is a 3.63 acre partially drained remnant severed from a much larger wetland complex southeast of I -35W. Basin A is a partially drained combination of palustrine emergent, scrub shrub and forested wetland (PEMC /PSS /FO1 Cd; Circular 39 Types 1L/2/6). This remnant was historically ditched and drains first to an off-site road ditch and then via culvert under I -35W, both of which are lower in elevation than the subject wetland. Based on the presence of these drainage facilities and the character of existing plant communities, it is evident that this wetland remnant once had a much wetter hydrologic regime. The emergent portion of Basin A is dominated by reed canary grass (Phalaris arundinacea; FACW +) and has smaller remnants of tussock sedge (Carex stricta; OBL) and Canada bluejoint (Calamagrostis canadensis; OBL) in the deeper portions of the wetland basin. With partial drainage, the fringes of the basin have been invaded by woody species, including cottonwoods (Populus deltoides; FACW, trembling aspen, and paper birch. Speckled alder (Alnus rugosa; OBL) still occupies a portion of the basin. A small stand of tamarack trees (Larix laracina; OBL) once existed within the wetland. With the drainage that has occurred, only a one or two of these trees lies within the delineated wetland boundary. The remaining trees are now on the effectively drained fringes the former wetland. Basin B About 1.24 acres of Basin B lies within the project site. The remainder of this wetland lies off -site to the northeast. Basin B is a partially drained combination of emergent, scrub shrub and forested wetland (PEMC /PSS /FO1 Cd; Circular 39 Types 1L/3/6 shallow marsh, shrub swamp and bottomland hardwoods. This wetland lies in the very northeast corner of the project site and will not be affected by development. Proposed Impacts The complete wetland mitigation plan can be found in Exhibit D. Basin A The proposed project would entail 2.48 of fill and 1.15 acres of excavation within Basin A. The proposed fill is necessary due to large footprint of the type of development being proposed, the size and configuration of the project site and the central location of the subject wetland in the most visible area of freeway frontage. The applicant proposes sequencing flexibility (as defined in Minn. Rules 8420.0520 Subp. 7a) given the substantially degraded state of Basin A and the higher level of wetland functions and values anticipated in the proposed replacement wetlands. The proposed excavation would be for the purpose of providing stormwater ponding to pre -treat all runoff from impervious surfaces prior to its discharge to the larger wetland complex to the east. The proposed pond location is due its topographic position and the location of the existing outlet structure under the freeway. Basin B Impacts to Basin B have been totally avoided in the design of proposed project. Applicable Regulatory Framework and Mitigation Requirements Wetland Conservation Act The 2.48 acres of proposed wetland filling impact will be regulated under the Minnesota Wetland Conservation Act (WCA). Unavoidable impacts must justified and offset through compensatory wetland replacement at a minimum 2 to 1 acreage ratio. The WCA requires a sequencing analysis to demonstrate that the proposed impacts are unavoidable. Excavation within wetlands is only regulated under the WCA if proposed in the semi - permanently or permanently flooded portions of Types 3, 4 or 5 wetlands. Excavation within saturated, temporarily flooded and seasonally flooded wetlands is not regulated under the WCA, provided Page 13 of 28 Draft EAW Lino Lakes Marketplace May 11, 2001 • the wetland is not drained by the activity. The project proposer suggests that since the excavation proposed for stormwater ponding would not drain wetland and would not occur in Types 3, 4 or 5 wetland, this excavation would not be regulable under the WCA. Section 404 of the Clean Water Act The wetland complex that Basin A was once part of is contiguous to George Watch Lake, which drains to Rice Creek and ultimately the Mississippi River. Basin A is hydrologically connected to George Watch Lake via storm sewer. In light of the historic natural connection between Basin A and George Watch Lake, Basin A has been assumed to be adjacent to a tributary of a navigable water and subject to Corps of Engineers jurisdiction under section 404 of the Clean Water Act. It has been assumed that the Corps will require 1 to 1 replacement of the entire 3.63 acres of wetland that will be affected by the project. Rice Creek Watershed District Rules The Rice Creek Watershed District (RCWD) is the Local Government Unit (LGU) under the Wetland Conservation Act. The RCWD has an adopted wetland ordinance that incorporates WCA requirements for sequencing and wetland replacement. The rules also require 1 to 1 acreage replacement for adverse impacts to wetlands that are not regulated under the WCA. Accordingly, the project proposer assumed that the 2.48 acres of wetland fill will be replaced at a 2 to 1 ratio per the WCA rules and that the 1.15 acres of excavation will be replaced at 1 to 1. Required Mitigation Table 1 summarizes the wetland replacement requirements of the Lino Lakes Retail Center. Table 1 Wetland Replacement Required — Lino Lakes Retail Center Wetland Wetland Type Size AcresA Fill (Acres) Excay. (Acres) WCA Mitigation Required CWA 404 Mitigation Required RCWD Mitigation Required A 1L/2/6 3.63 2.48 1.15 4.96 H 3.63`' 6.11 " B 11_12/6 1.24 0.00 0.00 0.00 0.00 0.00 Total 4.96 3.63 6.11 Only includes portion of wetland lying within project site. e 4.96 = 2 x 2.48. The 1.15 acre of excavation in this wetland type is not regulated under the WCA. c 2.48 + 1.15 = 3.63 °(2.48x2) +1.15 =6.11 Sequencing The applicant has considered the possibility of selecting and developing its project site so as to avoid filling or draining of wetlands. Given the high level of disturbance within the affected wetlands, the applicant has utilized guidance contained in the sequencing flexibility section of the Minnesota Board of Water and Soil Resources (BWSR) WCA, Rules (see Minn. Rules 8420.0520 Subp. 7(a) B). According to these rules; "[f]lexibility in application of the sequencing steps may be applied, subject to the conditions in item A, as determined by the local government unit if: (1) the wetland to be impacted has been degraded to the point where replacement of it would result in a certain gain in function and public value; (2) preservation of a wetland would result in severe degradation of the wetland's ability to function and provide public values, for example, because of surrounding land uses and the wetland's ability to function Page 14 of 28 Draft EAW Lino Lakes Marketplace May 11, 2001 and provide public values cannot reasonably be maintained through other land use controls or mechanisms; The U.S. Army Corps of Engineers has similar sequencing flexibility guidance, set forth in Regulatory Guidance Letter 93 -2 Guidance on Flexibility of the 404(b)(1) Guidelines and Mitigation Banking (RGL 93 -2) which states that the degree of scrutiny of project alternatives should be commensurate with the severity of the project impact and that different wetlands have varying functions and values. This guidance provides that "...for projects that would cause only minor or negligible impacts, a detailed analysis of project alternatives should not be conducted ". This document further states that minor impacts have one, and frequently more, of the following characteristics: (1) they occur in wetlands which perform limited functions, (2) they are small in size (less than one acre), (3) they have little potential for secondary or cumulative impacts, and /or (4) only cause temporary impacts (less than one year). Due to the drainage impacts that the affected wetland has incurred, the applicant submits that sequencing flexibility appropriately applies in this case. Based on the distribution of vegetation in and around the wetland, Basin A has been substantially reduced in size and in its ecological integrity. As described above, all but one or two of the tamaracks that fringed the wetland now lie on uplands. Non - hydrophytic woody vegetation has invaded a substantial portion of the wetland. In particular, paper birch (Betula papyrifera; FACU +) has become dominant in the southwest portion of Basin A. Cottonwoods (Populus deltoides; FAC +), trembling aspen (P. tremuloides; FAC) and box elder (Acer negundo; FACW -) have also moved into the substantial portions of the wetland. The central part of the wetland has become a reed canary grass (Phalaris arundinacea; FACW +) monotype. The applicant has applied MinRAM 2.0 to analyze the functions and values of the affected wetland versus the mitigation sites described below under Compensatory Mitiqation)(see Appendix C). Based on the results of these analyses, the applicant submits that the proposed replacement wetlands will result in a certain gain in function and public value over the affected wetland. Avoidance Alternatives Notwithstanding the applicability of sequencing flexibility, the applicant has endeavored to avoid and minimize wetland impacts on the project site to the extent practicable. The applicant considered two alternatives that would totally avoid wetland impacts. These alternatives are: No Action Alternative: One alternative is the no action alternative, which would result in the project site remaining undeveloped. The applicant considers this alternative infeasible because it is; (1) inconsistent with the City's long -term plans and zoning for the project site and (2) would defeat the reasonable investment - backed expectations of the applicant. The City of Lino Lakes has zoned the project site SC — Shopping Center and has designated it part of its Town Center Planning and Development Area. Surrounding properties to the south and west are also planned and zoned for retail and other commercial uses. Total Avoidance Build Alternative: The applicant has considered developing the site in a manner that totally avoids the two wetlands on the site. Under this scenario, the footprint of the proposed Target store and its parking facilities would need to be shifted about 323 feet to the west. This would; (1) require the elimination of the Kohl's store, (2) would place the proposed Target in a location with insufficient depth north to south to accommodate the building footprint and its associated parking facilities and (3) substantially reduce frontage on and visibility from I- 35W. The exception properties in the northwest and southwest corners of the site substantially reduce the north -south depth of the project site at its western end. Due to this limited depth, the western end of the site is suitable only for commercial uses with much smaller building footprints. The applicant submits that these constraints render a westerly shift of the development impractical, particularly when the degraded state of the affected wetland is considered as a factor. Page 15 of 28 Draft EAW Lino Lakes Marketplace May 11, 2001 • • Minimization of Impacts In an effort to minimize wetland impacts, the applicant has placed the proposed development as far west as reasonably possible. By doing so, Basin B has been totally avoided in the design of the development. While only part of Basin A would be filled by the development, the remaining remnant of this wetland would lie in the only part of the site topographically suited for stormwater storage and treatment. For this reason, the remainder of Basin A has been incorporated into the water quality treatment pond for the project. For the reasons cited under the total avoidance alternative above, the applicant finds that further minimization of wetland impacts is impractical. Proposed Wetland Replacement Given the footprint of the proposed project in relation to the size and configuration of the project site, on -site wetland replacement is not considered practical or feasible by the project proposer. Also, if a mitigation area were created on -site, its functions and values would be substantially depressed by the intensity of development that would surround it. Accordingly, in accordance with WCA requirements, the project proponent has endeavored to locate project— specific off -site mitigation as close to the impact site as possible. Per Minn. Rules 8420.0540 Subp. 4(A), the project proponent has located potential suitable compensatory mitigation sites within the minor subwatershed of the impact site. All of these sites are proposed to be located within the Rice Creek Chain -of -Lakes Regional Park Reserve, within the drainage area of George Watch Lake. The proposed wetland replacement will consist of a combination of New Wetland Credit (NWC) and Public Value Credit (PVC). NWC will be in the form of created wetlands at three sites located within the Chomonix Golf Course property and a fourth on county parkland south of the park reserve campground, east of the Centerville Lake Beach. PVC will be in the form of upland buffers around these created wetlands and the water quality treatment pond to be located on the project site. A total of 7.48 acres of mitigation is being provided, consisting of 3.91 acres of NWC and 3.57 acres of PVC. Table 2 summarizes the proposed wetland mitigation. Table 2 Proposed Wetland Replacement— Lino Lakes Retail Center Mitigation Site Wetland Type NWC PVC Total A 3/4/6 0.26 0.18 0.44 B 3/4/6 0.56 0.45 1.01 C 3/4 0.25 0.12 0.37 E 1L/2/3/4/6 2.84 1.98 4.82 On -site Pond N/A - -- 0.84 A 0.84 Total 3.91 3.57 7.48 1.12 acre of water quality treatment pond will be excavated on upland. 1.12 x 0.75 = 0.84. NWC Mitigation sites are described in more detail below. Mitigation Areas A and B Mitigation areas A and B will be in close proximity to each other, along the western fringe of the 1st fairway on Chomonix Golf Course. Mitigation Wetland A has been designed to be a combination of seasonally to semi - permanently flooded palustrine emergent wetland (PEMC /F; Circular 39 Type 3/4 shallow and deep marsh) running adjacent to a strip of upland forest that lies immediately to the west. This mitigation area has been designed to provide 0.26 acres of NWC and 0.18 acres of buffer PVC. The wetland and its buffer will be planted to native herbaceous cover with shrub swamp vegetation being placed along the western tree line. The mixture of species to be planted will be developed in coordination with the staffs of Anoka County Parks and the applicable wetland regulatory agencies during the permitting process. Mitigation Area B lies south of Area A and has been designed to be a semi - permanently flooded palustrine emergent wetland (PEMF; Circular 39 Type 4 deep marsh providing 0.56 acres of NWC and 0.45 acres of buffer PVC. This area will be contiguous to a forested wetland to the west and Page 16 of 28 Draft EAW Lino Lakes Marketplace May 11, 2001 • an existing excavated pond to the north. This area will be planted with native vegetation in the same fashion as Mitigation Area A. Mitigation Area C Mitigation Area C will be seasonally to semi - permanently flooded palustrine emergent wetland (PEMC /F; Circular 39 Type 3/4 shallow and deep marsh) that expands upon an existing Type 3/6 wetland south of the 15th fairway at Chomonix Golf Course. This site will provide approximately 0.25 acres of NWC and 0.13 acres of buffer PVC. The delineation of the existing wetland boundary in this area was problematic due to abnormally high water conditions in the Spring of 2001; thus, the precise acreage of Area C may change slightly as the permitting process moves forward. The mitigation design calls for a deeper open water core along the southeast edge with a fringe of wet meadow and emergent marsh plants. • Mitigation Area E Mitigation Area E will be largest of the four mitigation areas, providing 2.84 acres of NWC and 1.98 acres of buffer PVC. This area is located south of the Rice Creek Chain -of -Lakes Regional Park Reserve campground and west of the Centerville Lake beach. This mitigation area has been sited and designed both to replace wetland functions lost on the project site but also to provide an environmental education facility for the nearby Wargo Nature Center. Mitigation Area E will consist of a combination of palustrine emergent and forested wetlands with a variety of hydrologic regimes (PFO1 B /C; Circular 39 Type 1L bottomland hardwoods and PEMB /C /F; Circular 39 Types 2/3/4 wet meadow, shallow marsh and deep marsh). The created wetland will be immediately contiguous to existing forested wetland that fringes George Watch Lake. Due to the location of the site immediately adjacent to existing forested wetland, the mitigation plan allows for the planting of tamarack and black ash as well as diverse herbaceous plantings. The upland buffer areas have been placed designed to preserve a number of large oaks on site. The buffer area will be replanted in species adapted to mesic prairie and savanna landscapes. The design of Mitigation Area E is oriented toward use for environmental education consistent with the goals of the regional park. 13. Water use. Will the project involve installation or abandonment of any water wells, connection to or changes in any public water supply or appropriation of any ground or surface water (including dewatering)? X Yes No If yes, as applicable, give location and purpose of any new wells; public supply affected, changes to be made, and water quantities to be used; the source, duration, quantity and purpose of any appropriations; and unique well numbers and DNR appropriation permit numbers, if known. Identify any existing and new wells on the site map. If there are no wells known on site, explain methodology used to determine. The installation of sanitary sewer, storm sewer and watermains may require some amount of spot or isolated dewatering in order to install the underground systems. It is unknown at this time the extent of this minor and short durational need. The new development will connect to the City of Lino Lakes public water supply: DNR Permit # 856168 14. Water - related land use management district. Does any part of the project involve a shoreland zoning district, a delineated 100 -year flood plain, or a state or federally designated wild or scenic river land use district? _Yes _X_No • If yes, identify the district and discuss project compatibility with district land use restrictions. Page 17 of 28 Draft EAW Lino Lakes Marketplace May 11, 2001 • • • Shoreland: George Watch Lake is the nearest water body protected by a shoreland overlay district. The ordinary high water level has not been determined for this lake, so the 1000 -ft. shoreland district cannot be accurately determined. Lacking a determination of the OHWL, an estimate was made based on discussion with the MN Dept. of Natural Resources. By viewing aerial photographs and estimating the location of the edge of the cattails around George Watch Lake., the City determined that the shoreland overlay does not extend onto the project site. Floodplain: The project does have a small area near a culvert on the south property line within the 100 -year flood plain of George Watch Lake. The regional flood plain for the site is 886.9 MSL (1998 calibration study by the Rice Creek Watershed District). There is a small amount of floodplain fill below this elevation (George Watch Lake flood plain) in the southeast corner of the site. Quantification of floodplain fill and compensatory storage measures below elevation 886.9 is required The current grading plan necessitates filling approximately 90 cubic yards within the existing floodplain. Compensation in the form of dredging and cleaning of the MnDOT drainage ditch is recommended by the project proposer. Final review and approval of the grading plan by the Rice Creek Watershed District is required. 15. Water surface use. Will the project change the number or type of watercraft on any water body? Yes x No If yes, indicate the current and projected watercraft usage and discuss any potential overcrowding or conflicts with other uses. 16. Erosion and Sedimentation: Give the acreage to be graded or excavated and the cubic yards of soil to be moved: approx 41 acres approx 130,000 cubic yards Describe any steep slopes or highly erodible soils and identify them on the site map. Describe the erosion and sedimentation measures to be used during and after construction of the project. There are no steep slopes on this site. Because the project will involve disturbance of more than five acres of land, application for coverage under the NPDES General Permit for Construction Activities will be submitted to the Minnesota Pollution Control Agency and prior to initiating earthwork on the site. The permit requires that best management practices (BMPs) be used to control erosion and that all erosion controls be inspected after each rainfall exceeding 0.1 inch of precipitation. Erosion control practices to be used on the site will include: 1. Construction of temporary sediment basins in the locations proposed for stormwater ponds, and development of these basins for permanent use following construction. 2. Silt fence installed at the construction limits prior to the initiation of earth work and maintained until all exposed soil is stabilized. 3. Installation of a rock construction entrance. 4. Periodic cleaning of adjacent city, county, and state roadways. 5. Energy dissipation, such as rip -rap, installed at storm sewer outfalls. 6. Use of cover crops, sod, and landscaping to stabilize exposed surface soils after final grading. All erosion control plans will be reviewed by the City of Lino Lakes. Because the above BMPs will be implemented, the potential for adverse affects from construction - related sediment and erosion on water quality will be minimized to the extent practical. Page 18 of 28 Draft EAW Lino Lakes Marketplace May 11, 2001 17. Water quality: surface water runoff a. Compare the quantity and quality of site runoff before and after the project. Describe permanent controls to manage or treat runoff. Describe any stormwater pollution prevention plans. The existing site soil regime is of naturally high infiltration media. Drainage calculations for the predevelopment 100 -year flood event computed a total site runoff of only 1.54 cfs. Post - development runoff rates will be maintained at the pre - development rates by the addition of two ponds and a bioretention basin. Site grading will occur to facilitate construction of the SuperTarget Store and other retail shops, construction of parking lots, depressed islands, planting beds; one water quality treatment pond, creation of bio - swales and bio- retention basins. In order to maintain the post - development runoff rates at the predevelopment rates a storage pond with dry storage above the normal wet water level is planned on the site. Bio- retention basins are located in the northeast and southeast corners of the site. The storm water treatment pond is planned to have a wet storage volume of 13.5 acre -ft (National Urban Runoff Program (NURP) wet volume required 5.5 acre -ft) and a dry storage capacity of 9.9 acre -ft and discharge from the site through one each 2 -inch and 8 -inch diameter pipes. The smaller 2 -inch diameter is to minimize storm water discharge for the one -year event to 0.05 cfs and the two pipes combined limit the 100 -year event to 1.21 cfs. The storage depth will bounce for each of the various rainfall frequency events with maximum depth of 5.0 feet in the 100 -year event. b. Identify routes and receiving water bodies for runoff from the site; include major downstream water bodies as well as the immediate receiving waters. Estimate impact runoff on the quality of receiving waters. Runoff from the proposed development currently drains to the north side of the I -35W drainage ditch. A culvert under I -35W starts at the southeastern corner of the site and carries storm water runoff south to a shallow creek and ultimately discharges to George Watch Lake. After the site is developed, storm water will be routed through on -site storm water ponds designed to meet NURP (Nationwide Urban Runoff Program), city of Lino Lakes, and Rice Creek Watershed District criteria. Storm water rate control and treatment will occur prior to any water being discharged into the George Watch Lake. Converting from high infiltration soils to more than 28 acres of impervious surface will increase the volume of runoff. While runoff rates will be maintained at pre - development rates, it is not known what, if any, impact will result from the increased volume of runoff into the wetlands in the regional park reserve and George Watch Lake. The Metropolitan Council has prepared a list of "high priority lakes" for which a nutrient budget analysis is required when a project discharges into them. Downstream from the site are George Watch, Marshan, Rice, Baldwin, and Reshanau Lakes. Rondeau and Peltier Lakes are upstream from George Watch Lake. The project discharges into George Watch Lake, which is not on the priority list. However, George Watch Lake is included in a 1999 study of water quality, along with 113 other Metro lakes (Exhibit L). Though a nutrient budget analysis is not required, an analysis was performed using Walker Pondnet methods. Anticipated phosphorus runoff loads from the site are 22 Ibs per year in the existing (predevelopment) condition and 60 Ibs per year in the post development condition, incorporating the treatment and reduction effects of the proposed National Urban Runoff Program (NURP) ponds on site. Page 19 of 28 Draft EAW Lino Lakes Marketplace May 11, 2001 18. Water quality: wastewaters a. Describe sources, composition and quantities of all sanitary, municipal and industrial wastewater produced or treated at the site. Only normal domestic sewage will be generated by the retail activity. b. Describe waste treatment methods or pollution prevention efforts and give estimates of composition after treatment. Identify receiving waters, including major downstream water bodies, and estimate the discharge impact on the quality of receiving waters. If the project involves on -site sewage systems, discuss the suitability of site conditions for such systems. c. If wastes will be discharged into a publicly owned treatment facility, identify the facility, describe any pretreatment provisions and discuss the facility's ability to handle the volume and composition of wastes, identifying any improvements necessary. It has been determined that sanitary sewer flow generated by the development will not exceed available capacity of the City of Lino Lakes sanitary sewer system. d. If the project requires disposal of liquid animal manure, describe disposal technique and location and discuss capacity to handle the volume and composition of manure. Identify any improvements necessary. Describe any required setbacks for land disposal systems. Not Applicable. 19. Geologic hazards and Soil Conditions: a. Approximate depth (in feet) to: Minimum average Ground Water 2 feet 15 -20 feet Bedrock N/A N/A Describe any of the following geologic site hazards to ground water and also identify them on the site map: sinkholes, shallow limestone formations or karst conditions. Describe measures to avoid or minimize environmental problems due to any of these hazards. Not Applicable. b. Describe the soils on the site, giving NRCS (SCS) classifications, if known. Discuss soil granularity and potential for groundwater contamination from wastes or chemicals spread or spilled onto the soils. Discuss any mitigation measures to prevent such contamination. Soils on site include primarily 4 -5 layers of silty sand (SM) and sand with silt (SP -SM). Geotechnical exploration was conducted by American Engineering and Testing. The complete soils report is provided in Exhibit E. The final site will largely be covered with buildings and parking surface, with storm water being directed to retention ponds and a bio- filtration basin. Infiltration will therefore be Tess than under existing conditions. 20. Solid wastes, hazardous wastes, storage tanks a. Describe types, amounts and compositions of solid or hazardous wastes, including solid animal manure, sludge and ash, produced during construction and operation. Identify method and location of disposal. For projects generating municipal solid waste, indicate if there is a source separation plan; describe how the project will be modified for recycling. If hazardous waste is generated, indicate if there is a hazardous waste minimization plan and routine hazardous waste reduction assessments. Page 20 of 28 Draft EAW Lino Lakes Marketplace May 11, 2001 • Only municipal solid waste (MSW) will be generated by the retail activity. Any recycling will be undertaken by individual tenants of the development. Target has an aggressive program to reduce waste and promote recycling. The store will have one 42 cubic yard internally loaded compactor and a corrugated materials baler for paper recycling. The store is expected to generate 32,000 — 64,000 lbs. of trash per month and 18,000 lbs. of recyclable corrugated material per week. • • Solid waste disposal is not a service of the City /County, but Applicant will contract with private solid waste disposal vendor. Solid waste and recycling will be with the Anoka County Integrated Waste Management services. Any retailer selling oil or lead acid batteries must comply with applicable requirements for accepting used oil and batteries. (See Exhibit F) b. Identify any toxic or hazardous materials to be used or present at the site and identify measures to be used to prevent them from contaminating groundwater. If the use of toxic or hazardous materials will lead to a regulated waste, discharge or emission, discuss any alternatives considered to minimize or eliminate the waste, discharge or emission. No toxic or hazardous materials are expected to be used or present as part of the retail activities of the project. Some toxic materials will be sold through the retail businesses and approved methods of handling and storage of these materials are required. c. Indicate the number, location, size and use of any above or below ground tanks to store petroleum products or other materials, except water. Describe any emergency response containment plans. Not Applicable. 21. Traffic: Parking spaces added: Existing spaces (if project involves expansion): Estimated total Average Daily Traffic (ADT) generated: Estimated maximum peak hour traffic generated (if known) and its timing: 1,747 Not applicable. 15,213 1,161 (4:30 - 5:30pm) Provide an estimate of the impact on traffic congestion on affected roads and describe any traffic improvements necessary. If the project is within the Twin Cities metropolitan area, discuss its impact on the regional transportation system. The "Traffic Analysis Report ", prepared by TKDA (Exhibit G) presented the following conclusions and recommendation: Installation of Traffic Signals at the following intersections: 1. Lake Drive /Main Street 2. Lake Drive /Apollo Drive 3. Lake Drive /I -35W Southbound Ramps 4. Lake Drive /I -35W Northbound Ramps 5. Lake Drive /Project Access Road 6. Lake Drive/Town Center Parkway Other recommended improvements are: 1. Minor road widening at Lake Drive/Town Center Parkway to accommodate a dedicated southbound turn lane. Page 21 of 28 Draft EAW Lino Lakes Marketplace May 11, 2001 • 2. Road widening at Lake Drive /I -35W southbound ramps to accommodate a dedicated northbound turn lane. 3. Road widening at Lake Drive /I -35W northbound ramps to accommodate a dedicated southbound turn lane. 4. Prohibition of left turns and through movements from east and westbound 77th Street. 22. Vehicle related air emissions: Provide an estimate of the effect of the project's traffic generation on air quality, including carbon monoxide levels. Discuss the effect of traffic improvements or other mitigation measures on air quality impacts. (If project involves 500 or more parking spaces, consult "EAW Guidelines" about whether a detailed air quality analysis is needed.) An air quality analysis was conducted for the indirect source permit application. The analysis was conducted using U.S. Environmental Protection Agency approved models to assess impacts from carbon monoxide (CO) emissions generated by traffic one year after completion of the proposed project. Results of the air quality analysis indicate that after the project is completed, state CO standards will continue to be maintained. The maximum predicted 1- and 8 -hour average CO impacts, including monitored background concentrations, are 7.9 parts per million (ppm) and 5.5 ppm, respectively. Further details can be found in Appendix D of the air quality analysis from the Indirect Source Permit application cited above. The Indirect Source Permit application is provided in Exhibit H. 23. Stationary source air emissions. Describe the type, sources, quantities and compositions of any emissions from stationary sources of air emissions such as boilers, exhaust stacks or fugitive dust sources. Include any hazardous air pollutants (consult EAW Guidelines for a listing) and any greenhouse gases (such as carbon dioxide, methane, nitrous oxide) and ozone - depleting chemicals (chloro- fluorocarbons, hydrofluorocarbons, perfluorocarbons or sulfur hexafluoride). Also describe any proposed pollution prevention techniques and proposed air pollution control devices. Describe the impacts on air quality. Stationary sources of air emissions will include only natural gas space heaters. The emissions from these units will not have a significant impact on the ambient air quality. 24. Odors, noise and dust. Will the project generate odors, noise or dust during construction or during operation? X Yes No If yes, describe sources, characteristics, duration, quantities or intensity and any proposed measures to mitigate adverse impacts. Also identify locations of nearby sensitive receptors and estimate impacts on them. Discuss potential impacts on human health or quality of life. (Note: fugitive dust generated by operations may be discussed at item 23 instead of here.) Dust During construction, particular emissions will temporarily increase due to the generation of fugitive dust. The following dust control measures will be undertaken as necessary: 1. Minimize the period and extent of areas being exposed and regraded at any one time. 2. Spraying construction areas and all roads with water, especially during periods of high wind or high levels of construction activity. 3. Minimize the use of vehicles on unpaved surfaces. 4. Covering or spraying material piles and /or truck loads. Page 22 of 28 Draft EAW Lino Lakes Marketplace May 11, 2001 • • • Noise A noise impact analysis was completed as part of the Indirect Source Permit (ISP) application for this project. The ISP is provided in Exhibit H. The project has the potential to generate noise from four types of sources: 1. construction activities, 2. additional traffic generated by the project, 3. loading dock trucks, and 4. roof -top fans. Minnesota Noise Standards Minnesota Rules Chapter 7030 provide the Minnesota standards for noise. These standards describe the limiting levels of sound established on the basis of present knowledge for the preservation of health and welfare. These standards are designed to be consistent with sleep, speech, annoyance, and hearing conservation requirements for receivers within areas grouped according to land use activities. The Minnesota standards are as follows: NAC -1 (Residential) NAC -2 (Commercial) NAC -3 (Industrial) 7:00 AM to 10:00 PM 10:00 PM to 7:00 AM L10 L50 65 60 70 65 80 75 L10 Lso 55 50 70 65 80 75 L10 means the sound level which is exceeded for 10 percent of the time for a one -hour period. Lso means the sound level which is exceeded 50 percent of the time for a one -hour period. Sound levels are expressed in dBA. A dBA is a unit of sound level expressed in decibels and weighted for the purpose of determining the human response to sound. Minnesota Statutes, Section 116.07, Subd. 2a, exempt noise from most local and county roads from the requirements of these noise rules unless full control of access to the road has been acquired. Construction Noise Construction noise will be controlled by ensuring that all equipment has proper noise reduction devices. In addition, construction activities will occur only during daytime hours, as required by City of Lino Lakes Ordinance 04 -96 that specifies hour of operation from lam to 8pm (weekdays) and gam to 7pm (weekends and holidays). Traffic Noise - I -35W Noise The small relative amount of traffic increase on I -35W due to this project will not result in a measurable change in noise generated from the highway. Homes along 77th Street where I -35W is the major noise source, will see some reduction in noise levels from the interstate due to the barrier effect of the project buildings. SBP used the traffic -noise model Minnoise to determine the potential effect of these buildings on noise levels along 77th Street. The analysis predicted a 1 -2 dBA reduction in I -35W traffic noise at residential locations near 77th Street due to the barrier effect of the project buildings. The following table shows the results of the Minnoise modeling for the two modeled 77th Street receptors: Receptor R1 R2 Modeled Noise Levels for 77`" Street Receptors Without Development L10 Lso 59.5 dBA 57.3 dBA 58.0 dBA 55.9 dBA With Development L10 L50 58.0 dBA 55.7 dBA 56.9 dBA 54.7 dBA Difference due to Development L10 L50 -1.5 dBA -1.6 dBA -1.1 dBA -1.2 dBA Page 23 of 28 Draft EAW Lino Lakes Marketplace May 11, 2001 • The closing of 77th Street will also reduce traffic noise on the 77th Street locations. Traffic Noise - Lake Drive Noise SBP used traffic predictions for 2005 from the TKDA traffic report in order to predict the noise impacts of the additional traffic on Lake Drive. The following table shows the 2005 peak -hour traffic levels at segments of Lake Drive with and without the proposed project, and the resulting increase in noise level. Lake Drive Roadway Without With Development Noise Increase due to Segment Development the Development South of Town Center 1027 1282 1.0 dBA North of Main 997 1086 0.4 dBA 77th to Main 1028 1389 1.3 dBA Any potential noise level increases due to increased traffic along Lake Drive near the project entrance and I -35W will be offset by the introduction of traffic signals causing traffic to slow, and thereby reducing tire noise. Loading Dock Noise The major source of noise from the loading docks will be from the refrigeration units mounted on some of the delivery trucks serving the facility. Super Value, the supplier of the refrigerated foods to the proposed SuperTarget, will be utilizing the Thermo King "Whisper" units. Data from Thermo King indicates these units produce 71 dBA at 25 feet when at high speed. For one truck with a refrigeration unit this equates to 61 dBA at 220 feet, the distance to the nearest home. For two trucks this equates to 52 dBA and for 4 trucks this equates to 58 dBA. Minnesota daytime standards limit noise levels at residences to 65 dBA for 6 minutes in any hour, and 60 dBA for 30 minutes in any hour. An additional 2 -3 dBA could be added to these impacts due to the reflection from the wall. The refrigeration units could, however, exceed night standards. In addition to the refrigeration units, loading dock activity could cause negative impacts on nearby residential property if loading occurs at night. Whether or not it exceeds the MPCA noise standards, noise that could awaken neighbors should be avoided. Hours of loading dock activity must be addressed. Roof -Top Unit Noise Roof -top HVAC equipment will generate noise from the proposed buildings. The equipment must be selected, installed and operated to assure compliance with the Minnesota noise standards. 25. Are any of the following resources on or in proximity to the site: a. Archaeological, historical, or architectural resources? See discussion below. b. Prime or unique farmlands? No c. Designated parks, recreation areas, or trails? Yes d. Scenic views and vistas? No e. Other unique resources? Yes If any items are answered Yes, describe the resource and identify any impacts on the resource due to the project. Describe any measures to be taken to minimize or avoid adverse impacts. a. The proposed project was submitted to the State Historic Preservation Office (SHPO) and was reviewed pursuant to responsibilities assigned them through the Minnesota Historic Sites Act, the Minnesota Field Archaeology Act, and Minnesota rules 4410.1600. A previously- recorded prehistoric archaeological site is located in the project area. The SHPO recommended the site be evaluated in order to determine whether it meets National Register criteria. Loucks Associates Page 24 of 28 Draft EAW Lino Lakes Marketplace May 11, 2001 11111 completed this evaluation. The complete evaluation is provided in Exhibit I. The report recommended that the project proceed as planned with the following qualifications: 1. Archaeological field testing was performed only within the area of potential effect for the project as proposed. If this area is expanded beyond these limits, additional archaeological testing may be required. 2. If it is expected that archaeological materials are encountered during construction operations, the State Historic Preservation Officer should be contacted for further assistance. 3. If it is suspected that human remains or a burial area is encountered during construction or quarry operations, activity in the immediate area must cease and the Anoka County Sheriffs Office, the State Archaeologist and the Minnesota Indian Affairs Council should be contacted for further assistance. Minnesota Statutes Chapter 307.08 prohibits the intentional disturbance of human burials. c. Rice Creek Chain of Lakes Regional Park Reserve is located on the opposite side of Interstate 35W from the site. The Park Reserve, owned and managed by Anoka County, is part of the regional open space system. The park contains some of the most significant native wildlife habitat in the metropolitan area. The park contains a blue heron rookery with reported flights in vicinity of the project site. Per conversation with John Von Delinde, Anoka County Parks and Recreation Department, it is believed that the blue heron rookery relocated to an unknown area due to construction noise related to the reconstruction of I -35W in the spring and summer of 1999 and 2000. A new beach, picnic areas, and boat launch facilities were opened in June 2000. Also, a new section of bike trail traverses the park for four miles, linking with trails in the cities of Lino Lakes and Centerville. Because of the Interstate 35W separation, impact on park activities will not be significant. Potential surface water impacts are discussed in Item 17. As noted there, while runoff rates will be maintained at pre - development rates, it is not known what, if any, impact will result from the increased volume of runoff into the wetlands in the regional park reserve and George Watch Lake. e. The site grading activities will result in the removal of 21 Tamarack trees from the property. Specific to this action, sixty -seven (67) Tamarack trees will be planted in the northwest and east areas of the site, surrounding and in the bio- retention basins. The Tree Preservation Plan is provided in Exhibit K. 26. Visual impacts. Will the project create adverse visual impacts during construction or operation? Such as glare from intense lights, lights visible in wilderness areas and large visible plumes from cooling towers or exhaust stacks? Yes x No If yes, explain. All building and parking lot lighting will have downcast recessed or boxed lighting fixtures that will not cause glare to the adjacent residential areas. No cooling towers are planned for this project. Exhaust stacks will be limited to small stacks from natural gas space heaters. 27. Compatibility with plans: Is the project subject to an adopted local comprehensive land use plan or any other applicable land use, water, or resource management plan of a local, regional, state, or federal agency? Page 25 of 28 Draft EAW Lino Lakes Marketplace May 11, 2001 • If yes, describe the plan, discuss its compatibility with the project and explain how any conflicts will be resolved. If no, explain. Yes. The City of Lino Lakes has an existing comprehensive plan which includes a land use plan. The City is nearing approval of a new comprehensive plan to guide development in the City through year 2020. Both plans guide the site for commercial land uses. As described in more detail in item 9, the site has been guided and zoned for retail development since 1990. The project is compatible with the land use designation in the existing plan and draft new comprehensive plan. The City also has a surface water management plan that must be consistent with the larger plan for the Rice Creek Watershed District. All development projects are reviewed for consistency with surface water management policies. The City works closely with the Watershed District in reviewing projects. The City's policy is to require approval by the Watershed District before the City will approve the project. 28. Impact on Infrastructure and Public Services: Will new or expanded utilities, roads, other infrastructure, or public services be required to serve the project? If yes, describe the new or additional infrastructure / services needed. (Any infrastructure that is a "connected action" with respect to the project must be assessed in this "EAW "; see "EAW Guidelines" for details.) City water and sanitary sewer are available in Lake Drive and will be extended into the site. Traffic signal and roadway improvements will be necessary. See item 21. 29. Cumulative impacts. Minnesota Rule part 4410.1700, subpart 7, item B requires that the RGU consider the "cumulative potential effects of related or anticipated future projects" when determining the need for an environmental impact statement. Identify any past, present or reasonably foreseeable future projects that may interact with the project described in this EAW in such a way as to cause cumulative impacts. Describe the nature of the cumulative impacts and summarize any other available information relevant to determining whether there is potential for significant environmental effects due to cumulative impacts (or discuss each cumulative impact under appropriate item(s) elsewhere on this form). Additional commercial development is expected adjacent to the project site. Abutting land on the southern border of the project site is approximately 10 acres of land guided and zoned for commercial development. This land is controlled by another entity and is not being developed as part of the proposed project. The 10 acres runs along the freeway and forms a rough triangle shape. The traffic study used by this EAW included an estimate of 33,000 sf of small retail and restaurant on this 10 acres. This would require approximately 280 parking stalls. Compared to the larger project currently being proposed, this additional retail space would make up 10% additional retail square footage and 16% additional parking. (Restaurants, especially fast food restaurants, require a much higher parking ratio than retail.) Corresponding increases in traffic could be expected. These traffic impacts are included in the TKDA traffic study, Exhibit G. Additional stormwater ponding would be necessary. Future development on this 10 acres is not by the same project proposer as the current project. Nor is either project directly induced by the other or a prerequisite for the other. Each is justified by Page 26 of 28 Draft EAW Lino Lakes Marketplace May 11, 2001 • itself. Therefore, the current project and the future development on the adjacent 10 acres are neither phased actions nor connected actions. 30. Other potential environmental impacts. If the project may cause any adverse environmental impacts not addressed by items 1 to 28, identify and discuss them here, along with any proposed mitigation. None identified at this time. 31. Summary of issues. Do not complete this section if the EAW is being done for EIS scoping; instead, address relevant issues in the draft Scoping Decision document, which must accompany the EAW. List any impacts and issues identified above that may require further investigation before the project is begun. Discuss any alternatives or mitigative measures that have been or may be considered for these impacts and issues, including those that have been or may be ordered as permit conditions. Plant Communities: The proposed project will primarily affect formerly cultivated old fields, a small stand of mixed forest with old field openings and one partially drained wetland. The project site encompasses no undisturbed plant communities. Wildlife: The proposed project will result in a reduction in habitat available for wildlife species common to suburban environments. Accordingly, wildlife populations on the project site will be reduced. None of the affected species will incur significant population -level impacts and none are in danger of becoming uncommon due to the proposed project. Threatened and Endangered Species: Not applicable. Wetlands: The project will entail the filling of 2.84 acres and excavation of 1.15 acres of partially drained wetland. These impacts are proposed to be offset through the off-site mitigation consisting of 3.91 acres of created wetland (NWC), 2.73 acres of upland buffer (PVC) and 0.84 acre of water quality treatment pond (PVC). The proposed mitigation is within the same subwatershed as the proposed impacts and exceeds federal, state and local mitigation requirements. Traffic: The increase in traffic is proposed to be accommodated with new traffic signals, stop signs, and the modification of existing traffic signals. The Indirect Source Permit Application for the project has been submitted to the Minnesota Pollution Control Agency, and includes these additions and modifications. Archaeology: The proposed project was submitted to the State Historic Preservation Office (SHPO) and was reviewed pursuant to responsibilities assigned them through the Minnesota Historic Sites Act, the Minnesota Field Archaeology Act, and Minnesota rules 4410.1600. A previously- recorded prehistoric archaeological site is located in the project area. The SHPO recommended the site be evaluated in order to determine whether it meets National Register criteria. Loucks Associates completed this evaluation. The complete evaluation is provided in Exhibit I. The report recommended that the project proceed as planned. Exhibits attached are as follows: Page 27 of 28 Draft EAW Lino Lakes Marketplace May 11, 2001 • Exhibit A MnDOT Letter Dated March 9, 2001 Exhibit B Minnesota Department of Natural Resources Database Review Exhibit C Peterson Environmental Consulting, Inc. Wetland Delineation Report Exhibit D Peterson Environmental Consulting, Inc. Wetland Replacement Plan and Section 404 Permit Narrative Exhibit E American Engineering Testing, Inc. Soils Report Exhibit F Used Oil and Batteries Information Exhibit G TKDA Traffic Report Exhibit H SMP Associates Indirect Source Permit Exhibit I Minnesota Historical Society State Historic Preservation Office & Archaeological Reports Exhibit J Peterson Environmental Consulting, Inc. Significant Tree Survey Exhibit K Parsons Inc. Tree Preservation Plan Exhibit L Metropolitan Council 1999 Lake Quality Report RGU CERTIFICATION. The Environmental Quality Board will only accept SIGNED Environmental Assessment Worksheets for public notice in the EQB Monitor. I hereby certify that: ■ The information contained in this document is accurate and complete to the best of my knowledge. • The EAW describes the complete project; there are no other projects, stages or components other than those described in this document, which are related to the project as connected actions or phased actions, as defined at Minnesota Rules, parts 4410.0200, subparts 9b and 60, respectively. • Copies of this EAW are being sent to the entire EQB distribution list. Signature Date Jeff Smyser Title City Planner Page 28 of 28 Draft EAW Lino Lakes Marketplace May 11, 2001 • • AGENDA ITEM 7 G STAFF ORIGINATOR: Jeff Smyser P & Z MEETING DATE: May 29, 2001 TOPIC: Site & Building Plan Review MN Dept. of Corrections BACKGROUND The Minnesota Dept. of Corrections plans to construct a pole barn for vehicle storage on its site. The building will be outside of the prisoner compound but within a separate fenced area. The City of Lino Lakes has no legal zoning jurisdiction over State of Minnesota land. Therefore, the Dept. of Corrections is not obligated to submit this project for City review. However, the Dept. has done so as a courtesy. This report includes details from the large plan sheet that includes a site plan, floor plan, and building elevations, dated 04/1/2001. ANALYSIS The correctional facility is zoned PSP Public Semi - Public. Pole barns and metal buildings are allowed in this zone. The site includes over 100 acres, so no limit on the size of accessory buildings would apply. The fenced area where the building will be added is approximately 1000 feet from the nearest property line. The pole barn building is 40' x 72', with a footprint of 2880 sf. The building will be approximately 22' high. The building site is screened from properties on Lilac Drive to the north by a large forested area. Significant tree growth also serves to screen properties to the west along Patti Drive. No additional access road or driveway onto a public road is needed. No connection to City utilities is needed. The Dept. of Corrections has provided this information as a courtesy, and asks for comments from the City. For information purposes, the Dept. of Corrections often delegates building code enforcement to the City through a special agreement. This allows the City to collect building permit fees to cover review and inspection costs. We anticipate this will occur for this building. The P & Z had no adverse comments on this project at its May 9 meeting. RECOMMENDATION If the City Council has comments, staff will convey them to the Dept. of Corrections. • • • LILAC STREET - MN l-IWY 49 j 0 250 500 EXISTING FENCE NEW VEHICLE 1 STORAGE BLDG. - BUILDING SITE LOCATED BY OWNER 7 MCF ENTRY DRIVE 22 22 -n- 1?) MCF MAIN ENTRY MCF ENTRY (_ «` DRIVE 7 LINO LAKES MCF SITE PLAN I" =500' • • . • . • ----`--`--~-'---`---- ~~' et ill • Lit 0 6 t-- uJ Zj iu LL IuJ = a.. to ft_ 2 _1 PREFINISNED VENTED SOFFIT z 0 d) 0 to to 9 z 0 — z 3d) z :1 tu IS) -'-1 )--n ZO I 0 0 0 a ;4- X 1 Q / a a 2 w . H H 1-- 4- O 0 0 $ ° 1 1 1 10 It It \ gin • (49 p Q'' iu E 1Kx zu, E 2 i9 Lii L, zui a -1 CI CI z 0 z 1 = W. fil ir., w in w w CI p 1? t. e) a. i 6 • 74 tu if. <I _1 _1 _1 't _1_4 11- 1 u- .zt 4 ,r-. Lu V W- L— T a .„ .cz 1,_ 0 Qoa. Lu d) n a 00 0 x 2 I ... -....-....... -. _...... - ...-. .... ....... ---...... - - ..... .... -... - --- .. ..-.....- ........-.- - ..-.....- .. . ---- ...........--..-.....-- -...- .--.............. --.-- -- ---- - -........- • .. - ... - .- -....... -- .-.......-- -. . - ... - .. .- ....- . . .....- • • • --- • ---- 0 --- •-• - •• ••••• -- - .. -.... - ... -.....--..... -----• - ••••-• • •-• • -- • ........ . - -...--.-- ....--.---..-....-.--.- ... .-.- ........ . . ........ . . ... .. 0 ..--- • - - ....- --- -..- - -.--- --- ---•- •-•--•-- ----.-- -.-- -- -..--...- --.------• -------. ------- ------ •-•- --- ---•-- -- ---.- -- -- - - -.- -- --------------------..----.-------- .................-..--. ^ .-- •-----' -•-"'"-" - •----••••••- - ...... - ..-- ...... -.. IONE= MINU1 11111iVIII - - .... ---.- -... -- -.... -... -..- ..- .-...... - - -.-. -..-.-- - ---........ ...- - -..............-.- - - --- --... -....... --.-.. --. - . - - - ..... - .......- ........ - - ...- ....... .. . .. . .. - ... .- . ... - • 0 ---- .........- ..- ....-... ..._ -..-... - .-- . .... ..- -............ . - .. 1 Q / a a 2 w . H H 1-- 4- O 0 0 $ ° 1 1 1 10 It It \ gin • (49 p Q'' iu E 1Kx zu, E 2 i9 Lii L, zui a -1 CI CI z 0 z 1 = W. fil ir., w in w w CI p 1? t. e) a. i 6 • 74 tu if. <I _1 _1 _1 't _1_4 11- 1 u- .zt 4 ,r-. Lu V W- L— T a .„ .cz 1,_ 0 Qoa. Lu d) n a 00 0 x 2 I AGENDA ITEM 7H • STAFF ORIGINATOR: John Powell, City Engineer COUNCIL MEETING DATE: May 29, 2001 TOPIC: Resolution No. 01 -70, Receive CSAH 23 Corridor Development Impact Study VOTE REQUIRED: 3/5 Vote Required BACKGROUND: The referenced study was prepared in order to evaluate the impact of development in the I -35W /CSAH 23(Lake Drive) area on the ability of CSAH 23 to convey traffic. We will review the results and recommendations included in the study at a future Work Session but are requesting the study be received by the City Council so it can be used in preparation of the Lino Lakes Marketplace Environmental Assessment Worksheet (EAW). We are not requesting that the City Council approve the report, only an acknowledgement that it has been received. • OPTIONS: 1. Return to staff for further review. 2. Adopt Resolution No. 01 -70, Receive CSAH 23 Corridor Development Impact Study RECOMMENDATION: Option No. 2 - Staff recommends that Resolution No. 01 -70 be adopted. • • • • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 01 -70 RESOLUTION RECEIVING CSAH 23 CORRIDOR DEVELOPMENT IMPACT STUDY WHEREAS, a study has been prepared by the City Engineer with respect to traffic due to development along the CSAH 23 (Lake Drive) corridor, in the vicinity of I -35W, and WHEREAS, the study provides information regarding the traffic impact on CSAH 23 (Lake Drive) due to future traffic growth, and the proposed Lino Lakes Marketplace, JADT, and The Village development, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Study is hereby received. Adopted by the City Council this 29th day of May, 2001. John J. Bergeson, Mayor Jean Viger, Deputy City Clerk The motion for adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on May 29, 2001. Jean Viger, Deputy City Clerk