HomeMy WebLinkAbout03/22/2004 Council Packet•
AMENDED AGENDA
CITY OF LINO LAKES
Monday,
March 22, 2004
Council Chambers
5:30 p.m.
Special Work Session — Master Planning of
A portion of I -35E corridor
City Council meeting
6:30 p.m.
(Scheduled to be broadcast on Channel 16)
Call to Order and Roll Call
Pledge of Allegiance
Setting the Agenda: Addition or deletion of agenda items
1. Consent Agenda -
A) Consideration of Expenditures:
i) March 22, 2004 (Check No. 70514 through 70620 in the amount of
$207,593.45).
ii) Centennial Fire District (Check No. 14169 through 14184 in the
amount of $3,476.72.)
2. Open Mike
3. Finance Department Report, Al Rolek
A) None.
4. Administration Department Report, Dan Tesch
A) Considcr Resolution No. 04 -41 Authorizing Approval of Special Event
2004 event, Ann Blair (moved to April 12, 2004 Council agenda)
5. Public Safety Department Report, Dave Pecchia
Page 1
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AMENDED AGENDA
A) FireWise Grant Authorization, Milo Bennett
6. Public Services Department Report, Rick DeGardner
A) Consideration of Resolution 04 -37, Approving 2004 Park Board Goals,
Rick DeGardner
7. Community Development Department Report, Michael Grochala
A) Public Hearing, Consider 1St Reading of Ordinance 03 -04, Vacating
Drainage and Utility Easements and Accepting New Easements, Lot 2,
Block 1, Oak Brook Peninsula, Jim Studenski
(No Report. Recommendation to continue public hearing to the April
12, 2004 regular city council meeting)
B) Legacy at Woods Edge, Michael Grochala
i. Consider 2nd Reading of Ordinance No. 04 -04, Rezoning Certain
Real Property from LB, Limited Business District to PUD, Planned
Unit Development District, Legacy at Woods Edge.
ii. Consideration of Resolution No. 04 -38, Authorizing Preparation of
Report on Improvements.
iii. Consideration of Resolution No. 04 -42, Declaring Intent to Bond,
Legacy at Woods Edge/YMCA.
C) Consideration of Resolution No. 04 -17, Conditional Use
Permit/Preliminary Plat, Eagle Brook Church, Jeff Smyser
D) Public Hearing, Consider 1st Reading of Ordinance No. 06 -04, Vacating
Drainage and Utility Easement, Lot 18, Block 4, D. Erickson, 2nd
Addition, Jim Studenski
E) Consideration of Resolution No. 04 -39, Approving Plans & Specifications
and Authorizing Advertisement for Bids, 2004 Seal Coat Project, Jim
Studenski
F) Consideration of Resolution No. 04 -40, Approving Plans & Specifications
and Authorizing Advertisement for Bids, 2004 Wear Course Project, Jim
Studenski
8. Unfinished Business
A) None.
9. New Business
Page 2
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AMENDED AGENDA
A) Approval of minutes of February 23, 2004 City Council Meeting
B) Approval of minutes of March 3, 2004 Council Work Session
C) Approval of minutes of March 8, 2004 City Council Meeting
10. Community Calendar, March 23, 2004 through April 12 , 2004:
A) City Council Team Building/Goals Setting Session, Thursday, March 25,
through Saturday, March 27, 2004, at Centennial Fire Station #2 in the
training room.
B) Environmental Board/Park Board Joint Meeting, Wednesday, March 31,
2004, 6:30 p.m.
C) Park Board Meeting, Wednesday, March 31, 2004, 7:30 p.m., Community
Room
D) Environmental Board Meeting, Wednesday, March 31, 2004, 7:30 p.m.
E) EDAC Meeting, Thursday, April 2, 2004, 7:00 a.m.
F) Council Work Session, Wednesday, April 7, 2004, 5:30 p.m.
G) Charter Commission/City Council Joint Meeting, Thursday, April 8, 2004,
7:00 p.m.
E) City Council Meeting, Monday, April 12, 2004, 6:30 p.m.
11. Adjourn
Revised 03/22/04 ajb 12:30 p.m.
EXPENDITURES
MARCH 22, 2004
•
•
Date: 03/04/2004 Time: 12:05:40 City of Lino Lakes
FM Entry - Invoice Journal
Vendor #: (A)
Invoice #: (A)
Entry Journal #: (R) 3797 3797
Trans #: (A)
Line #: (A)
Due Date: (A)
Bank #: (A)
Options: Detail / Summary: S
Sort: N
Operator: JAL Page: 1
Invoice Status: A # of copies: 1
Check Over Expend: N
x
Discount
Vendor # Name # of items Net Gross Discount Lost
000184 BOYLE, KATIE 1 150.00 150.00 .00 .00
000304 KUSTERMAN, BILL 1 100.00 100.00 .00 .00
000468 RELIASTAR LIFE INSURANCE COMPANY 1 1,241.63 1,241.63 .00 .00
000504 LAND TITLE 1 170.88 170.88 .00 .00
000879 PREFERRED ONE COMMUNITY HEALTH PLAN 1 35,594.24 35,594.24 .00 .00
001100 CIRCLE PINES POST OFFICE 1 499.50 499.50 .00 .00
001301 DELTA DENTAL PLAN QF MINNESOTA 1 3,709.20 3,709.20 .00 .00
001550 FORTIS BENEFITS, INC. 1 809.17 809.17 .00 .00
001875 HUELMAN, PAT 1 150.00 150.00 .00 .00
002355 LINDY, GEORGE 1 225.00 225.00 .00 .00
1 MONTAIN, PAUL 1 100.00 100.00 .00 .00
111,67 TASCHUK, PAM 1 150.00 150.00 .00 .00
004532 DANIELS, DANNY 1 49.00 49.00 .00 .00
004538 FREDERICKSON, AARON 1 100.00 100.00 .00 .00
004539 MEDINA ENTERTAINMENT CENTER 1 20.00 20.00 .00 .00
Grand Totals: 15 43,068.62 43,068.62 .00 .00*
Date: 03/11/2004 Time: 12:01:39
Ranges: Vendor #: (A)
Invoice #: (A)
Entry Journal #: (R) 3815 - 3815
Trans #: (A)
Line #: (A)
Due Date: (A)
Bank #: (A)
Options:
Detail / Summary: S
City of Lino Lakes
FM Entry - Invoice Journal
Operator: JAL Page: 1
Invoice Status: A # of copies: 1
Sort: N Check Over Expend: N
Discount
Vendor # Name # of items Net Gross Discount Lost
000073 MCCARTHY, KELLY ANN 1 599.99 599.99 .00 .00
000078 GILBERTSON, STEVE 1 36.25 36.25 .00 .00
000269 CAPITAL HOMES, INC. 1 94.00 94.00 .00 .00
000408 AFSCME COUNCIL #14 1 600.88 600.88 .00 .00
000539 TARGET 1 136.96 136.96 .00 .00
000670 BERNSTEIN, BARRY 1 36.00 36.00 .00 .00
001187 CONNEXUS ENERGY 1 3,179.95 3,179.95 .00 .00
002169 CARDARELLI & SEVERSON 1 6.30 6.30 .00 .00
002208 LAW ENFORCEMENT LABOR SERVICES, INC. .1 777.00 777.00 .00 .00
003250 XCEL ENERGY 1 , 3,088.90 3,088.90 .00 .00
0.30 SAM'S CLUB, INC. 1 100.09 100.09 .00 .00
9 STREGE, KENT 1 383.32 383.32 .00 .00
004542 FENSTROM 1 94.00 94.00 .00 .00
004560 U S BANK 1 1,287.93 1,287.93 .00 .00
004561 KIVEL 1 14.50 14.50 .00 .00
004563 KELLER 1 27.75 27.75 .00 .00
004573 LAUMEYER 1 67.75 67.75 .00 .00
004574 LICHTSCHEIDL 1 80.75 80.75 .00 .00
004591 MCGOUGH 1 120.50 120.50 .00 .00
004593 NOEL 1 120.50 120.50 .00 .00
004600 SNELL 1 14.50 14.50 .00 .00
004603 WYFFELS, KAREN 1 28.00 28.00 .00 .00
Date: 03/11/2004 Time: 12:01:40 City of Lino Lakes
FM Entry - Invoice Journal
Name
Operator: JAL Page: 2
# of items Net Gross Discount
Discount
Lost
004671 VERIZON WIRELES, BELLEVUE 1 55.16 55.16
004727 VILLELLA, CARRI 1 47.48 47.48
Grand Totals: 24 10,998.46 10,998.46
.00 .00
.00 .00
.00 .00*
Date: 03/16/2004 Time: 15:02:53 City of Lino Lakes Operator: JAL Page:
FM Entry - Invoice Journal
Ranges:
Vendor #: (Al
Invoice #: (A)
Entry Journal #: (r) 3822 - 3822
Trans #: (A)
Line #: (A)
Due Date: (A)
Bank #: (A)
Options: Detail / Summary: s invoice Status: A # of copies: 1
Sort: N Check Over Expend: N
Discount
Vendor # Name # of items Net Gross Discount Lost
000093 ACE SOLID WASTE, INC. 1. 350.79 350.79 .00 .00
000100 AID ELECTRIC SERVICE, INC. 1 782.36 782.36 .00 .00
000103 ONVOY, INC. 1 47.50 47.50 .00 .00
000210 AMERICAN FASTENER & SUPPLY, INC. 1 36.12 36.12 .00 .00
000298 ALAN MERRICK'S SOCCER ACADEMIES, INC. 1 1,200.00 1,200.00 .00 .00
000303 INSTRUMENTAL RESEARCH, INC. 1 , 85.00 85.00 .00 .00
000318 AMERIPRIDE LINEN /APPAREL SERVICES, INC. 1 150.94 150.94 .00 .00
000320 ANCHOR PAPER COMPANY, INC. 1 755.88 755.88 .00 .00
000370 CENTRAL COMMUINICATIONS 1 5.57 5.57 .00 .00
000465 MN DEPT OF ADMIN /INTECH GROUP 1 37.00 37.00 .00 .00
0 42 MYERS TIRE SUPPLY COMPANY, INC. 1 83.70 83.70 .00 .00
49 HASTINGS, CITY OF 1 • 20.00 20.00 .00 .00
000606 INVENSYS METERING SYSTEMS 1 1,000.00 1,000.00 .00 .00
000771 PowerPlan 1 38.06 38.06 .00 .00
000810 BRAUER & ASSOCIATES, LTD. 1 3,984.34 3,984.34 ..00 .00
000860 BROADWAY AWARDS, INC. 2 262.52 262.52 .00 .00
000861 BEE LINE ALIGNMENT SERVICE 1 50.00 50.00 .00 .00
000900 BUMPER TO BUMPER, INC. 1 403.30 403.30 .00 .00
000946 C. P. OFFICE PRODUCTS 4 746.69 746.69 .00 .00
001062 - CULLIGAN, BOTTLED WATER, INC. 1 76.72 76.72 .00 .00
001148 CLEARWATER CREEK CONVENIENCE CENTER, INC 1 72.42 72.42 .00 .00
001260 ACCLAIM BENEFITS 1 144.20 144.20 .00 .00
Date: 03/16/2004 Time: 15:02:53 City of Lino Lakes Operator: JAL Page: 2
FM Entry - Invoice Journal
P Discount
# Name # of items Net Gross Discount Lost
001292 DEHN OIL COMPANY, INC. 2 3,459.80 3,459.80 .00 .00
001380 EARL ANDERSON ASSOCIATION, INC. 1 119.70 119.70 .00 .00
001480 HAWKINS WATER TREATMENT GROUP, INC. 1 10.00 10.00 .00 .00
001530 FOREST LAKE FORD, INC. 1 2.57 2.57 .00 .00
001560 FRATTALLONE'S HARDWARE, INC. 1 110.38 110.38 .00 .00
001561 EMERGENCY AUTOMOTIVE TECHNOLOGIES, INC. 2 110.86 110.86 .00 .00
001600 GALL'S INC. 2 35.66 35.66 .00 .00
001609 ROYAL OAKS REALTY 1 2,000.43 2,000.43 .00 .00
001620 GLENWOOD INGLEWOOD, INC. 1 .38.34 38.34 .00 .00
001720 GRAINGER, INC. - 1 418.39 418.39 .00 :00
001752 MOONEN, PATRICK 1 25.00 25.00 .00 .00
002009 10,000 LAKES CHAPTER 1 60.00 60.00 .00 .00
002107 TOLL GAS & WELDING SUPPLIES, INC. 1 5.22 . 5.22 .00 .00
002139 COLOR TILE, INC. 1 38.32 38.32 .00 .00
002178 WILSON DEVELOPMENT SERVICES 1. 341.55 341.55 .00 ilk" LARSON ALLEN WEISHAIR & CO., LLP 1 4,000.00 4,000.00 .00 .00
70 LAKESIDE AUTO & PAINT, INC. 1 261.42 261.42 .00 .00
002310 LEAGUE OF MINNESOTA CITIES 1 70.00 70.00 .00 .00
002328 LEEF BROTHER, INC. 1 9.99 9.99 .00 .00
002340 IMAGE PRINTING & GRAPHICS, INC. 1 771.39 771.39 .00 .00
002521 BRENDA S. SHALD & ASSOCIATES 1 929.21 929.21 .00 .00
002550 MENARDS, INC. 2 110.74 110.74 .00 .00
002570 METRO COUNCIL WASTEWATER SERVICES 1 53,773.25 53,773.25 .00 .00
002584 METRO SALES INCORPORATED 1 37.41 37.41 .00 .00
002694 SEC, INC. 1 27.54 27.54 .00 .00
002700 CENTERPOINT /MINNEGASCO, INC. 1 4,238.27 4,238.27 .00 .00
002849 MINNESOTA PETROLEUM SERVICE, INC. 1 29.77 29.77 .00 .00
Date: 03/16/2004 Time: 15:02:54 City of Lino Lakes
FM Entry - Invoice Journal
Operator: JAL Page: 3
Discount
# Name # of items Net Gross Discount Lost
002900 MN. DEPARTMENT OF PUBLIC SAFETY 1 27.00 27.00 .00 .00
003070 MTI DISTIBUTING, INC. 1 118.75 118.75 .00 .00
003220 FACTORY MOTOR PARTS COMPANY, INC. 2 206.82 206.82 .00 .00
003250 XCEL ENERGY 1 5,044.15 5,044.15 .00 .00
003443 OTTER LAKE ANIMAL CARE CENTER, INC. 1 82.95 82.95 .00 .00
003540 PLUNKETT'S, INC. 1 335.26 335.26 .00 .00
003600 PRESS PUBLICATIONS, INC. 2 158.25 158.25 .00 .00
003868 S & S WORLDWIDE, INC. 1 111.64 111.64 .00 .00
003880 SHORT - ELLIOTT - HENDRICKSON, INC. 1 10,928.02 10,928.02 .00 .00
003900 SAFETY KLEEN CORPORATION, INC. 4 540.24 540.24 • .00 .00
004110 CARL BOLANDER & SONS COMPANY 1 16,153.98 16,153.98 .00 .00
004150 STAR TRIBUNE, INC. 1 27.95 27.95 .00 .00
004173 STATE OF MINNESOTA /BUILDING CODES & STAN 1 , 70.00 :70.00 .00 ' :00
004240 STREICHER'S, INC. 3 1,313.64 1,313.64 .00 .00
004604 MINNESOTA DEPARTMENT OF PUBLIC SAFETY 1 180.00 180.00 .00 .00
iiik6 U. S. BANK 5 3,076.25 3,076.25 .00 .00
40 WINNICK SUPPLY, INC. 1 21.57 21.57 .00 .00
900474 VAUGHAN, ED 2 33,761.58 33,761.58 .00 .00
Grand Totals: 87 153,526.37 153,526.37 .00 .00*
Date: 03/16/2004 Time: 15:06:52 Operator: JAL
Ranges:
Options:
Page: 1
City of Lino Lakes
FM Entry - Invoice Payment - Approval of Bills
Fund: (A)
Dept Id: (A)
Program: (A)
Vendor #: (A)
Invoice #: (A)
Schedule Journal #: (R) 3799 3826
Bank #: (A)
Cash #: (A)
Payroll Check Dates: (A)
Print: D
Report Format: 1
# of copies: 1
Total By Account: Y
Sort: D
Print Ranges /Options: Y
Process Payroll: N
'•Page on Sort: N
Check # Vendor Alpha Name Description Dept Amount
70530 AFSCME COUNCIL #14 PAYROLL WITHHOLDING
70532 CAPITAL HOMES, INC. REIMBURSE ESCROW /6750 BL
70533 CARDARELLI & SEVERSON REIMBURSE ESCROW
70516 DANIELS, DANNY REIMBURSE EVIDENCE
70517 DELTA DENTAL PLAN OF M DENTAL INSURANCE
70535 FENSTROM REIMBURSE ESCROW
70537 KELLER REIMBURSE ESCROW '
70538 KIVEL REIMBURSE ESCROW
70522 LAND TITLE REIMBURSE ASSESSMENT OVE
70539 LAUMEYER REIMBURSE ESCROW
70540 LAW ENFORCEMENT LABOR PAYROLL WITHHOLDING
70541 LICHTSCHEIDL REIMBURSE ESCROW
70543 MCGOUGH REIMBURSE ESCROW
111, 0 METRO COUNCIL WASTEWAT FEBRUARY SAC /MARCH SEWER
O MN. DEPARTMENT OF PUBL TITLE FEE
44 NOEL REIMBURSE ESCROW
O OTTER LAKE ANIMAL CARE ANIMAL CONTROL
70526 PREFERRED ONE COMMUNIT HEALTH INSURANCE
O PRESS PUBLICATIONS, IN PUBLICATION
70528 RELIASTAR LIFE INSURAN LIFE INSURANCE
O ROYAL OAKS REALTY REIMBURSE ESCROW /PHEASAN
O SHORT - ELLIOTT - HENDRICK PRELIM DESIGN FOR LEGACY
70546 SNELL REIMBURSE ESCROW
O VAUGHAN, ED REIMBURSE PHEASANT HILLS
70552 WYFFELS, KAREN REIMBURSE PROGRAM REC
Total for Dept **
* * * * * * **
* * * * * * **
* * * * * * **
* * * * * * **
600.88
94.00
6.30
49.00
2,238.46
94.00
27.75
14.50
170.88
67.75
777.00
80.75
120.50
13,439.25
27.00
120.50
82.95
8,687.58
33.25
908.42
2,000.43
10,928.02
14.50
33,761.58
28.00
74,373.25*
O LARSON ALLEN.WEISHAIR AUDIT FINANCIAL STATEMEN PROGRAM 80.00
Total for Dept 200 80.00*
O ALAN MERRICK'S SOCCER SPEED & FITNESS SESSIONS YOUTH IN 1,200.00
O S & S WORLDWIDE, INC. HALLS /BATTING TEE YOUTH IN 111.64
Total for Dept 207 1,311.64*
O BROADWAY AWARDS, INC. NAME BADGES MAYOR /C0 71.45
Total for Dept 401 71.45*
Date: 03/16/2004 Time: 15:06:52 Operator: JAL
•
Page: 2
City of Lino Lakes
FM Entry - Invoice Payment - Approval of Bills
Check # Vendor Alpha Name
Description
Dept
Amount
O ACCLAIM BENEFITS
0 CULLIGAN, BOTTLED WATE
70517 DELTA DENTAL PLAN OF M
70518 FORTIS BENEFITS, INC.
O HASTINGS, CITY OF
O LEAGUE OF MINNESOTA CI
0 ONVOY, INC.
70526 PREFERRED ONE COMMUNIT
O PRESS PUBLICATIONS, IN
70528 RELIASTAR LIFE INSURAN
70549 U S BANK
FLEXIBLE SPENDING ADMINI ADMINIST 144.20
MONTHLY SERVICE /FEBRUARY ADMINIST 76.72
DENTAL INSURANCE ADMINIST 168.33
LONG TERM DISABILITY INS ADMINIST 52.20
MEMBERSHIP /DAN T ADMINIST 20.00
REGISTRATION /GORDON H ADMINIST 70.00
WEB HOSTING ADMINIST 47.50
HEALTH INSURANCE ADMINIST 2,685.20
ADVERTISING ADMINIST 125.00
LIFE INSURANCE ADMINIST 28.50
COMPUTER SUPPLIES /FEES /W ADMINIST 278.00
Total for Dept 402 3,695.65*
70518 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS
70528 RELIASTAR LIFE INSURAN LIFE INSURANCE
Total for Dept 406
70517 DELTA DENTAL PLAN OF M DENTAL INSURANCE
70518 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS
0 LARSON ALLEN WEISHAIR AUDIT FINANCIAL STATEMEN
70526 PREFERRED ONE COMMUNIT HEALTH INSURANCE
70528 RELIASTAR LIFE INSURAN LIFE INSURANCE
70549 U S BANK. COMPUTER SUPPLIES /FEES /W
Total for Dept 407
SENIORS
SENIORS
FINANCE
FINANCE
FINANCE
FINANCE
FINANCE.
FINANCE
70517 DELTA DENTAL PLAN OF M DENTAL INSURANCE ECONOMIC
70518 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS ECONOMIC
526 PREFERRED ONE COMMUNIT HEALTH INSURANCE ECONOMIC
28 RELIASTAR LIFE INSURAN LIFE INSURANCE ECONOMIC
Total for Dept 415
70517 DELTA DENTAL PLAN OF M DENTAL INSURANCE
70518 FORTIS BENEFITS, INC. LONG TERM DISABILITY
70526 PREFERRED ONE COMMUNIT HEALTH INSURANCE
70528 RELIASTAR LIFE INSURAN LIFE INSURANCE
Total for Dept 416
PLANNING
INS PLANNING
PLANNING
PLANNING
70517 DELTA DENTAL PLAN OF M DENTAL INSURANCE Communit
70518 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS Communit
70526 PREFERRED ONE COMMUNIT HEALTH INSURANCE Communit
70528 RELIASTAR LIFE INSURAN LIFE INSURANCE Communit
Total for Dept 418
• 0
0
0
70534
70517
70518
0
C. P. OFFICE PRODUCTS
CENTRAL COMMUINICATION
CLEARWATER CREEK CONVE
CONNEXUS ENERGY
DELTA DENTAL PLAN OF M
FORTIS BENEFITS, INC.
GALL'S INC.
OFFICE SUPPLIES
VEHICLE MODEM /MARCH
CAR WASHES
MONTHLY SERVICE /FEBRUARY
DENTAL INSURANCE
LONG TERM DISABILITY.INS
SUPPLIES
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE'
POLICE
4.63
4.75
9.38*
98.20
46.37
1,760.00
594.00
14.97
69.00
2,582.54*
28.05
12.75
352.18
4.75
397.73*
56.10
24.71
704.36
4.75
789.92*
56.12
27.04
660.28
9.50
752.94*
143.56
5.57
72.42
15.98
364.56
312.76
35.66
Date: 03/16/2004 Time: 15:06:52 Operator: JAL
•
Page: 3
City of Lino Lakes
FM Entry - Invoice Payment - Approval of Bills
Check # Vendor Alpha Name
0
0
70542
70524
0
0
0
70526
70528
70547
0
70548
70549
70550
0
Description
Dept
Amount
IMAGE PRINTING & GRAPH
LAKESIDE AUTO & PAINT,
MCCARTHY, KELLY ANN
MEDINA ENTERTAINMENT C
METRO SALES INCORPORAT
PRINTING
REPAIR /REFINISH #349
REIMBURSE SUPPLIES
REGISTRATION /RENEE
SUPPLIES
MINNESOTA DEPARTMENT 0 TRAINING 4
MN DEPT OF ADMIN /INTEC JANUARY USAGE
PREFERRED ONE COMMUNIT HEALTH INSURANCE
RELIASTAR LIFE
STREGE, KENT
STREICHER'S, INC.
TARGET
U S BANK
VERIZON WIRELES,
XCEL ENERGY
POLICE
POLICE
POLICE
K POLICE
POLICE
POLICE
POLICE
POLICE
INSURAN LIFE INSURANCE POLICE
REIMBURSE SUPPLIES POLICE
UNIFORM SUPPLIES POLICE
SUPPLIES POLICE
COMPUTER SUPPLIES /FEES /W POLICE
BELLE MONTHLY SERVICE /FEBRUARY POLICE
MONTHLY SERVICE /FEBRUARY POLICE
Total for Dept 420
70517 DELTA DENTAL PLAN OF M DENTAL INSURANCE FIRE
70518 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS FIRE
70526 PREFERRED ONE COMMUNIT HEALTH INSURANCE FIRE
70528 RELIASTAR LIFE INSURAN LIFE INSURANCE FIRE
Total for Dept 421
0
70517
70518
0
1026
28
0
70551
0
70534
70517
0
70518
70526
70528
0
0
70549
0
70553
10,000 LAKES CHAPTER TRAINING /PETE K
DELTA DENTAL PLAN OF M DENTAL INSURANCE
FORTIS BENEFITS, INC. LONG TERM DISABILITY INS
MOONEN, PATRICK REIMBURSE WORKSHOP
PREFERRED ONE COMMUNIT HEALTH INSURANCE
RELIASTAR LIFE INSURAN LIFE INSURANCE
STATE OF MINNESOTA /BUI REGISTRATION /PATRICK & P
VILLELLA, CARRI REIMBURSE SUPPLIES
Total for Dept 422
AMERICAN FASTENER & SU
CONNEXUS ENERGY
DELTA DENTAL PLAN OF M
EARL ANDERSON ASSOCIAT
FORTIS BENEFITS, INC.
PREFERRED ONE COMMUNIT
PARTS /SUPPLIES
MONTHLY SERVICE /FEBRUARY
DENTAL INSURANCE
STREET SIGNS
LONG TERM DISABILITY INS
HEALTH INSURANCE
RELIASTAR LIFE INSURAN LIFE INSURANCE
SEC, INC. MONTHLY SERVICE /FEBRUARY
STAR TRIBUNE, INC. 2 -26 - 6 -25 SUBSCRIPTION
U S BANK
XCEL ENERGY
XCEL ENERGY
BUILDING
BUILDING
BUILDING
BUILDING
BUILDING
BUILDING
BUILDING
BUILDING
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
COMPUTER SUPPLIES /FEES /W STREETS
MONTHLY SERVICE /FEBRUARY STREETS
MONTHLY SERVICE /FEBRUARY STREETS
Total for Dept 430
O BEE LINE ALIGNMENT SER FRONT END ALIGN
O BUMPER TO BUMPER, INC. PARTS /SUPPLIES
O DEHN OIL COMPANY, INC. DIESEL FUEL
FLEET
FLEET
FLEET
572.86
261.42
599.99
20.00
37.41
180:00
37.00
11,259.20
123.50
383.32
1,313.64
136.96
543.20
55.16
3.14
16,477.31*
82.20
38.81
1,802.06
14.25
1,937.32*
60.00
112.21
46.21
25.00
2,266.74
16.63
70.00
47.48
2,644.27*
36.12
755.96
112.21
119.70
63.02
1,355.89
27.79
9.18
27.95
37.23
273.55
3,088.90
5,907.50*
50.00
403.30
3,459.80
Date: 03/16/2004 Time: 15:06:52
•
Operator: JAL
Page: 4
City of Lino Lakes
FM Entry - Invoice Payment - Approval of Bills
Check # Vendor Alpha Name
70517
0
0
0
70518
0
0
•0
0
'0
0
0
70526
70.528
0
0
0
Description
Dept Amount
DELTA DENTAL PLAN OF M DENTAL INSURANCE
EMERGENCY AUTOMOTIVE T BULB
FACTORY MOTOR PARTS CO SPARK PLUGS
FOREST LAKE FORD, INC.
FORTIS BENEFITS, INC.
FRATTALLONE'S HARDWARE
LEEF BROTHER, INC.
MENARDS, INC.
MINNESOTA PETROLEUM SE
MTI DISTIBUTING, INC.
MYERS TIRE SUPPLY COMP
PARTS
LONG TERM DISABILITY INS
PARTS /SUPPLIES
SHOP TOWELS
CATCH /BRUSH /SUPPLIES
MAG CARDS
V -BELT
JUMP CARRY REPLACEMENT
PowerPlan CREDIT DEDUCTED TWICE
PREFERRED ONE COMMUNIT HEALTH INSURANCE
RELIASTAR LIFE INSURAN LIFE INSURANCE
SAFETY KLEEN CORPORATI PARTS CLEANER
TOLL GAS & WELDING SUP CYLINDER
WINNICK SUPPLY, INC. INSULATOR
Total for Dept 431
FLEET 28.05
FLEET 110.86
FLEET 206.82
FLEET 2.57
FLEET 12.77
FLEET 110.38
FLEET 9.99
FLEET 110.74
FLEET 29.77
FLEET 118.75
FLEET 83.70
FLEET 38.06
FLEET 646.83
FLEET 5.46
FLEET 290.79
FLEET 5.22
FLEET 21.57
5,745.43*
0 ACE SOLID WASTE, INC. SOLID WASTE REMOVAL
O AID ELECTRIC SERVICE, REPLACE FANS /POLE BARN
O AMERIPRIDE LINEN /APPAR MAT RENTAL
O ANCHOR PAPER COMPANY, PAPER
O BRENDA S. SHALD & ASSO TELCOM EXPENSE /DEC JAN &
O BROADWAY AWARDS, INC. NAME BADGES
O C. P. OFFICE PRODUCTS OFFICE SUPPLIES
O CENTERPOINT /MINNEGASCO MONTHLY SERVICE /FEBRUARY
O COLOR TILE, INC. MASTIC
let34 CONNEXUS ENERGY MONTHLY SERVICE /FEBRUARY
18 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS
O GLENWOOD INGLEWOOD, IN MONTHLY SERVICE /FEBRUARY
O GRAINGER, INC. AIRLESS SPRAYER
O PLUNKETT'S, INC. - PEST CONTROL FEB 04 - JA
70526 PREFERRED ONE COMMUNIT HEALTH INSURANCE
70528 RELIASTAR LIFE INSURAN LIFE INSURANCE
70545 SAM'S CLUB, INC. SUPPLIES
70549 U S BANK
O XCEL ENERGY
COMPUTER SUPPLIES /FEES /W
MONTHLY SERVICE /FEBRUARY
Total for Dept 432
0 CENTERPOINT /MINNEGASCO MONTHLY SERVICE /FEBRUARY
70534 CONNEXUS ENERGY MONTHLY SERVICE /FEBRUARY
70517 DELTA DENTAL PLAN OF M DENTAL INSURANCE
70518 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS
70536 GILBERTSON, STEVE REIMBURSE MEALS
70526 PREFERRED ONE COMMUNIT HEALTH INSURANCE
70528 RELIASTAR LIFE INSURAN LIFE INSURANCE
O XCEL ENERGY MONTHLY SERVICE /FEBRUARY
Total for Dept 450
GOVERNME 350.79
GOVERNME 782.36
GOVERNME 150.94
GOVERNME 755.88
GOVERNME 929.21
GOVERNME 191.07
GOVERNME 603.13
GOVERNME 2,796.60
GOVERNME 38.32
GOVERNME 1,197.76
GOVERNME 5.06
GOVERNME 38.34
GOVERNME 418.39
GOVERNME 335.26
GOVERNME 495.20
GOVERNME 4.75
GOVERNME 100.09
GOVERNME 45.95
GOVERNME 2,706.67
11,945.77*
PARKS 349.02
PARKS 47.93
PARKS 154.31
PARKS 63.41
PARKS 36.25
PARKS 1,485.00
PARKS 26.13
PARKS 200.28
2,362.33*
Date: 03/16/2004 Time: 15:06:52 Operator: JAL
•
Page:
City of Lino Lakes
FM Entry - Invoice Payment - Approval of Bills
Check # Vendor Alpha Name
70531
70517
70518
0
70526
70528
70549
70515
70519
70520
70521
70523
70525
70529
Description
Dept
BERNSTEIN, BARRY
DELTA DENTAL PLAN OF M
FORTIS BENEFITS, INC.
IMAGE PRINTING & GRAPH
PREFERRED ONE COMMUNIT
RELIASTAR LIFE INSURAN
U S BANK
BOYLE, KATIE
FREDERICKSON, AARON
HUELMAN, PAT
KUSTERMAN, BILL
LINDY, GEORGE
MONTAIN, PAUL
TASCHUK, PAM
MILEAGE '
DENTAL INSURANCE
LONG TERM DISABILITY INS
PRINTING
HEALTH INSURANCE
LIFE INSURANCE
COMPUTER SUPPLIES /FEES /W
Total for Dept 451
QUARTERLY
QUARTERLY
QUARTERLY
QUARTERLY
QUARTERLY
QUARTERLY
STIPEND
STIPEND
STIPEND
STIPEND
STIPEND
STIPEND
QUARTERLY STIPEND
Total for Dept 452
70517 DELTA DENTAL PLAN OF M DENTAL INSURANCE
70518 FORTIS BENEFITS, INC. LONG TERM DISABILITY
70526 PREFERRED ONE COMMUNIT HEALTH INSURANCE
70528 RELIASTAR LIFE INSURAN LIFE INSURANCE
Total for Dept 461
RECREATI
RECREATI
RECREATI
RECREATI
RECREATI
RECREATI
RECREATI
PARK BOA
PARK BOA
PARK BOA
PARK BOA
PARK BOA
PARK BOA
PARK BOA
ENVIRONM
INS ENVIRONM
ENVIRONM
ENVIRONM
70517 DELTA DENTAL PLAN OF M DENTAL INSURANCE SOLID WA
70518 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS SOLID WA
70526 PREFERRED ONE COMMUNIT HEALTH INSURANCE SOLID WA
528 RELIASTAR LIFE INSURAN LIFE INSURANCE SOLID WA
0 SAFETY KLEEN CORPORATI RECYCLE USED OIL SOLID WA
Total for Dept 462
70517 DELTA DENTAL PLAN OF M DENTAL INSURANCE
70518 FORTIS BENEFITS, INC. LONG TERM DISABILITY
70526 PREFERRED ONE COMMUNIT HEALTH INSURANCE
70528 RELIASTAR LIFE INSURAN LIFE INSURANCE
Total for Dept 463
0
70514 M
70534
70517
70518
0
0
0
0
70526
U. S. BANK
FORESTRY
INS FORESTRY
FORESTRY
FORESTRY
LEASE REVENUE BONDS SERI DEBT SER
Total for Dept 470
CENTERPOINT /MINNEGASCO
CIRCLE PINES POST OFFI
CONNEXUS ENERGY
DELTA DENTAL PLAN OF M
FORTIS BENEFITS, INC.
HAWKINS WATER TREATMEN
MONTHLY SERVICE /FEBRUARY
UTILITY BILLING POSTAGE
MONTHLY SERVICE /FEBRUARY
DENTAL INSURANCE
LONG TERM DISABILITY INS
CONTAINER DEMURRAGE
WATER
WATER
WATER
WATER
WATER
WATER
INSTRUMENTAL RESEARCH, WATER SAMPLES WATER
INVENSYS METERING SYST SENSUS SYSTEM SUPPORT WATER
LARSON ALLEN WEISHAIR AUDIT FINANCIAL STATEMEN WATER
PREFERRED ONE COMMUNIT HEALTH INSURANCE WATER
Amount
36.00
61.72
36.28
198.53
470.98
15.20
314.55
1,133.26*
150.00
100.00
150.00
100.00
225.00
100.00
150.00
975.00*
12.62
6.96
267.30
2.14
289.02*
2.81
1.55
59.40
.47
249.45
313.68*
12.62
6.96
267.30
2.14
289.02*
3,076.25
3,076.25*
1,092.65
249.75
870.83
74.35
23.84
10.00
85.00
1,000.00
400.00
943.46
Date: 03/16/2004 Time: 15:06:52 Operator:. JAL
•
Page: 6
City of Lino Lakes
FM Entry - Invoice Payment - Approval of Bills
Check Vendor Alpha Name
Description
Dept
Amount
70528 RELIASTAR LIFE INSURAN LIFE INSURANCE WATER
0 SBC, INC. MONTHLY SERVICE /FEBRUARY WATER
0 XCEL ENERGY MONTHLY SERVICE /FEBRUARY• WATER
Total for Dept 494
70514 M
70534
70517
70518
0
0
70526
70528
0
CIRCLE PINES POST OFFI
CONNEXUS ENERGY
DELTA DENTAL PLAN OF M
FORTIS BENEFITS, INC.
LARSON ALLEN WEISHAIR
METRO COUNCIL WASTEWAT
UTILITY BILLING POSTAGE
MONTHLY SERVICE /FEBRUARY
DENTAL INSURANCE
LONG TERM DISABILITY INS
AUDIT FINANCIAL STATEMEN
FEBRUARY SAC /MARCH SEWER
PREFERRED ONE COMMUNIT HEALTH INSURANCE
RELIASTAR LIFE INSURAN LIFE INSURANCE
XCEL ENERGY MONTHLY SERVICE /FEBRUARY
Total for Dept 495
SEWER
SEWER
SEWER
SEWER
SEWER
SEWER
SEWER
SEWER
SEWER
0 BRAUER & ASSOCIATES, L COMP PARK,REC FAC,OPEN S OTHER
O CARL BOLANDER & SONS C CONTRACTOR /CENTURY TRAIL OTHER
O LARSON ALLEN WEISHAIR AUDIT FINANCIAL STATEMEN OTHER
O WILSON DEVELOPMENT SER ACQUISITION /RELOCATION S OTHER
Total for Dept 499
16.17
18.36
1,117.03
5,901.44*
249.75
291.49
46.28
23.84
400.00
40,334.00
591.28
11.36
743.48
42,691.48*
3,984.34
16,153.98
1,360.00
341.55
21,839.87*
Grand Total 207,593.45*
Centennial Fire District
Check Register
3/17/2004
The disbursements listed below are submitted by the Centennial Fire District for your approval:
DATE CHECK# NAME
3/17/2004 14169
3/17/2004 14170
3/17/2004 14171
3/17/2004 14172
3/17/2004 14173
3/17/2004 14174
3/17/2004 14175
3/17/2004 14176
3/17/2004 14177
3/17/2004 14178
3/17/2004 14179
3/17/2004 14180
3/17/2004 14181
3/17/2004 14182
3/17/2004 14183
3/17/2004 14184
Bill's Rental
Centennial Firefighter's Relief Assn.
Citgo Petroleum Corporation
Comcast
Connexus Energy
Emergency Apparatus Maintenance
Frattallone's Hardware
Image Printing and Graphics
Internet Corporation Listing Service
Loffler Business Systems
MN Fire Service Certification Board
Postmaster
Qwest
Verizon Wireless
Viking Office Products
Xcel Energy
1 of 1
ACCOUNT
42130 - Equipment Expense
20900 - Payroll Deductions Pay.
42100 - Fuel and Lube
42180 - Office Supplies
42252 - Station 1 - Electric
42000 - Vehicle Maintenance
42110 - Other Maintenace
42180 - Office Supplies
42180 - Office Supplies
42180 - Office Supplies
42220 - Travel, Conf., Schools
42180 - Office Supplies
42240 - Telephone
42240 - Telephone
42180 - Office Supplies
42254 - Station 2 - Electric
AMOUNT
11.98
880.00
188.15
95.00
319.15
115.18
16.04
79.13
29.50
130.91
550.00
111.00
187.90
175.12
50.66
537 00
$3,476.72
•
AGENDA ITEM 5A
STAFF ORIGINATOR: Milo Bennett, Fire Chief
MEETING DATE: March 17, 2004
TOPIC: Fire Wise Grant
VOTE REQUIRED: Simple Majority
Background:
The Centennial Fire District along with the DNR have identified some areas
within the City of Lino Lakes that are high -risk areas in the case of a wildfire.
The most significant of these areas is the area that surrounds Evergreen Trail
located just off of Lake Drive in the northern part of the city. This area is
overgrown with evergreens and presents many hazards for the homeowners as
well as the firefighters.
Members of the Fire District, staff from the DNR and the City Forester have
met with the residents. They explained the concern and presented the federal
funded Fire Wise program to them. There was an overwhelming approval of
the program at the community meetings.
Since the meetings, the City Forester has been working closely with the DNR
to identify trees to be removed, underbrush to be cleaned up and trees to be
trimmed.
The grant available for this project is a matching grant which allows for "in
kind" match, which means that time spent by city staff, fire district staff and
the residents can be used as the match.
If approved, we will be asking for a $16,500 grant with the match being time
spent by those listed previously.
This project will require more time to be spent by our staffs, especially the
City Forester.
Recommendation:
It is the Fire District's recommendation that you approve this grant request
and allow us to complete this project. This will greatly reduce the risk to the
homes and homeowners in this area.
•
AGENDA ITEM NO. 6A
1`
STAFF ORIGINATOR: Rick DeGardner, Public Services Director
COUNCIL MEETING DATE: March 22, 2004
TOPIC: Consideration of Resolution 04 -37, Approving 2004
Park Board Goals
VOTE REQUIRED: Simple Majority
BACKGROUND:
The Park Board has recommended to the City Council the following goals for 2004:
Connect Existing Trail Along North Side of Birch Street - Black Duck $237,000
Drive to Pheasant Hills Drive
Designate Raven's Hollow Park Dedication Funds for Future Birchwood $85,240
Acres Park Development
Construct Trails at Birch Street \Hodgson Road Intersection $50,000
Holly Drive Pole Relocation for New Trail $10,000
Pave Birch Park Trail- Boardwalk to Parking Lot $ 5,000
• Extend Glenview Trail to Sunrise Park Parking Lot $ 3,000
Survey Arena Acres Residents Regarding Existing Tennis Courts
Connect Existing Trail Along North Side of Birch Street — Black Duck Drive to Pheasant
Hills Drive - This project will alleviate perhaps our most critical and visible trail
shortcoming in Lino Lakes. The recent development projects along Birch Street
(Stoneybrook, Miller's Crossroads, Spirit Hills) have generated substantial park
dedication dollars. By utilizing some of these dollars, we can complete the non - existent
segment of the "Birch Street Trail." This will be a tremendous asset for our residents.
For example, this trail connection will provide more residents pedestrian access to the
Regional Park Reserve's trail system. It is important to note that the estimated project
costs do not adhere to the County's new standard of a 22' buffer zone from a rural
roadway to an off -road trail. Further discussions with Anoka County would need to
occur to determine whether this project is viable. I met with Jon Vondelinde, Anoka
County Parks and Recreation Director and Nick Eeloff, Anoka County Parks Planner
last month to discuss the proposed trail project. Both have indicated their support to
work with city staff when discussing this project with the Anoka County Highway
Department.
Designate Raven's Hollow Park Dedication Funds for Future Birchwood Acres Park
Development - The Park Board has determined that the future residents of Raven's
Hollow will utilize Birchwood Acres Park as their neighborhood park. Therefore, we are
recommending that the park dedication fees derived from Raven's Hollow be
designated for future development of Birchwood Acres Park.
l"
• Construct Trails at Birch Street \Hodgson Road Intersection - This trail project will occur
in conjunction with the scheduled improvements at Hodgson Road and Birch Street.
Trails are planned along both sides of Birch Street and along the east side of Hodgson
Road alongside the Miller's Crossing Development.
Holly Drive Pole Relocation for New Trail - Several utility poles need to be relocated
during the Holly Drive reconstruction project to accommodate the planned off -road trail.
Pave Birch Park Trail - Boardwalk to Parking Lot - This trail project will connect the
recently completed boardwalk to the open air shelter (will be installed this Spring), and
continue on to the parking lot. Trails extensions are also planned to the playground
areas.
•
•
Extend Glenview Trail to Sunrise Park Parking Lot - This trail project will continue the
trail that originates at Glenview Trail to the recently paved parking lot at Sunrise Park.
This project will also provide handicapped accessibility to the playground area and park
shelters via paved trails.
Survey Arena Acres Residents Regarding Existing Tennis Courts - The two tennis
courts are again in need of repairs. Before spending additional dollars on the tennis
courts, we want to make sure the area residents still want and utilize the tennis courts.
Funding for the above goals will be from the Dedicated Parks Fund.
RECOMMENDATION:
It is my recommendation that the City Council approve Resolution 04 -37, approving the
2004 Park Board Goals and authorize staff to implement the goals as presented.
3/15/04
RD /Park Board /greensheet 2004 goals
CITY OF LINO LAKES
RESOLUTION NO. 04-37
RESOLUTION APPROVING 2004 PARK BOARD GOALS
WHEREAS, The Park Board advises the City Council on matters of park acquisition and
development;
AND WHEREAS, The Park Board has recommended to the City Council the following goals for
2004:
• Connect Existing Trail Along North Side of Birch Street - Black Duck $237,000
Drive to Pheasant Hills Drive
• Designate Raven's Hollow Park Dedication Funds for Future Birchwood $85,240
Acres Park Development
• Construct Trails at Birch Street\Hodgson Road Intersection $50,000
• Holly Drive Pole Relocation for New Trail $10,000
• Pave Birch Park Trail - Boardwalk to Parking Lot $ 5,000
• Extend Glenview Trail to Sunrise Park Parking Lot $ 3,000
• Survey Arena Acres Residents Regarding Existing Tennis Courts - --
AND WHEREAS, Funding for the above goals will be from the Dedicated Parks Fund.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO
LAKES, MINNESOTA: That the City Council directs staff to implement the goals listed above.
Adopted by the Lino Lakes City Council this 22nd day of March, 2004.
Ann Blair, Clerk- Treasurer
•
Mayor John Bergeson
•
STAFF ORIGINATOR:
CITY COUNCIL
MEETING DATE:
TOPIC:
AGENDA ITEM 7B(i)
Michael Grochala
March 22, 2004
2nd Reading, Ordinance No. 04 -04 - Rezoning
to Planned Unit Development; Legacy at
Woods Edge
ACTION REQUIRED: Simple Majority
BACKGROUND
In 1998 the City of Lino Lakes, following award of a Metropolitan Council Livable
Communities Planning Grant, retained the services of the Calthorpe Associates to
design a Master Plan for the City's Town Center District. The purpose of the Lino Lakes
"Town Center" development is to provide for the orderly and integrated development of
a high - quality Town Center which includes a mix of shops, offices, entertainment,
housing, recreation, community facilities, and open space. The mix of uses is designed
to implement the principles of the Livable Communities Act and the City's
Comprehensive Plan by creating a Town Center for the community and providing more
diverse, life -cycle housing — including affordable and rental housing— within an active
and interesting pedestrian- oriented community. The development is a cooperative effort
that will leverage public and private investment to create sustainable value, ecologically,
economically and culturally.
The City has concentrated its efforts to implement this plan on the land located adjacent
to the Civic Complex, of which, approximately 6.7 acres has been reserved for the
Chain of Lakes YMCA.
The Hartford Group, Inc., based in Eden Prairie, Minnesota is requesting approvals to
allow for the development of the property consistent with the Calthorpe Master Plan and
Town Center Design Standards. In total, the Legacy at Woods Edge project is proposed
to allow up to 348,000 square feet of office, retail, and service uses. In addition,
approximately 450 multi - family residential units are proposed for the development. The
residential units provide a variety of housing options and include townhomes, work force
or income - qualifying rental housing, senior housing and for -sale condominiums.
The Hartford Group has obtained purchase agreements with both the City owned land
as well as the northern 29 acres of the site, which is privately owned.
• The City Council approved the 1st Reading of Ordinance 04 -04 and Resolution No. 04-
33, approving the Development Stage Plan /Preliminary Plat on March 8, 2004.
City Council
Legacy at Woods Edge
March 22, 2004
•
PROJECT LOCATION
The 48.84 acre property is located in the southeast quadrant of the Interstate 35 /Lake
Drive Intersection. It is bounded on the west by Lake Drive, on the north by I -35W, on
the east by Rice Creek Regional Park, and on the south by the Civic Complex and the
Marshan Lane residential area. The Civic Complex, an additional 10.01 acres, is
included in the plat.
PROJECT SUMMARY
Project Data:
Total Site Area: 42.05 acres (58.82 including Civic Complex & YMCA)
Upland Area: 34.55 acres
Number of residential units: 450
Commercial sq. ft. 348,492 sq. ft.
Net Residential Density: 13.02 units per acre
Environmental Assessment Worksheet (EAW)
Minnesota Rules Chapter 4410.4300, subpart 32 requires the preparation of an EAW for
mixed residential and industrial - commercial projects of this size for 3rd or 4th class cities.
Subsequently an EAW was prepared. A determination of No Significant Impact was
made by the City Council on February 9, 2004.
Existing Land Uses
The southerly end of the site is developed with the Lino Lakes City Hall complex that
includes the City Hall offices, police station, and an early childhood learning center.
Two existing businesses are located along the west side of the site. The Lino Lakes
State Bank and Fairview Clinic have frontage along Lake Drive (CSAH 23), but receive
access on Village Drive, which is a backage road connected to Town Center Parkway.
The northern portion of the site is currently occupied by Arctic Sandblasting Company
and one single - family residence and is bound by I -35W on the north, the Rice Creek
Chain of Lakes Regional Park on the east and CSAH 23 on the west. This privately held
business has been in operation since 1975. The commercial business consists of
several structures, service roads, and includes a large semi - tractor trailer storage area.
Access to the business is along a service road that intersects with Lake Drive north of
Fairview Clinic near the I -35W access ramp. Both the business and existing single -
family residence will be removed as part of the development project.
•
•
City Council
Legacy at Woods Edge
March 22, 2004
Adjacent Land Uses
The southern property line for the proposed development is bordered by the Rice Creek
Chain of Lakes Regional Park and a small residential development consisting of seven
single- family dwellings. The eastern property line is bordered by the Rice Creek Chain
of Lakes Regional Park. Land uses on the west side of Lake Drive include an Amoco
service station, limited residential development, and undeveloped property that is
currently zoned for commercial development. The northern side of the project area is
separated from existing commercial and industrial uses by I -35W.
Comprehensive Plan
The City's 2001 Comprehensive Plan guides the property for Mixed Use Development.
The plan specifically states the following:
"The southeast quadrant of the I -35W /Lake Drive interchange represents the Lino Lakes
Village area. The Village is intended to integrate a mixture of commercial, medium and
high density residential and public land uses in an attractive and cohesive design." The
plan is intended to emphasize the following objectives
1. A 65 -acre complex of buildings in a controlled setting.
• 2. An integrated mix of uses that responds to residents' needs.
3. A gathering place that creates a sense of community, civic identity and pride.
4. A place that defines the unique character of the community.
5. An economic development initiative to increase the value of the commercial tax
base.
6. A distinctive, consistent architectural style that promotes high quality,
aesthetically pleasing commercial buildings.
The plan provides for a residential density of between 10 and 24 units per acre within
mixed use districts.
The proposed mix of residential and commercial, civic, and recreational uses are
consistent with the Comprehensive Plan and the Village Master Plan.
Zoning
The property is currently zoned LB, Limited Business District. The City's Zoning
Ordinance provides for mixed -use development through the use of the Planned Unit
Development process.
Additionally, The eastern and southern portions of the site are located within the
designated shoreland zoning districts for George Watch Lake and Marshan Lake. The
Shoreland District extends 1,000 feet from the Ordinary High Water Level (OHWL) of
• public waters.
•
City Council
Legacy at Woods Edge
March 22, 2004
1'
Design & Development Standards
Ordinance 04 -04 establishes the Lino Lakes Town Center Design & Development Guide
as the regulatory zoning standards for the Legacy at Woods Edge development. The
standards establish the use, site layout, site amenity and architectural control guidelines
for the Planned Unit Development. The Ordinance also provides that unless specified
in the development guide the project is subject to the Zoning Ordinance and all other
applicable chapters of City Code.
Staff has made some minor changes to the standards since the 1st reading of the
ordinance. These changes relate specifically to Section 3.1, Allowable Uses. The
purpose of the changes was to eliminate conflicts between the zoning ordinance and
Development Guide for similar uses and to provide clarity to the evaluation criteria for
conditional uses. The proposed changes are identified in the attached Table 1 from
Section 3.1 of the Design Guide and the new Appendix A, entitled Conditional Uses.
FINDINGS
Rezoning to Planned Unit Development. The City shall consider possible adverse
effects of the proposed amendment and its judgement shall be based upon, the criteria
established in Section 2, Subdivision 1.E. of the Lino Lakes Zoning Ordinance.
1. The proposed rezoning is consistent with the specific policies and provision of
the City's Comprehensive Plan.
2. The proposed mixed use development is compatible with present and future land
uses of the area.
3. The proposed development conforms to all performance standards contained
within the zoning ordinance.
4. The proposed use can be accommodated with existing public services and will
not overburden the City's service capacity.
5. Traffic generation by the proposed use is within capabilities of streets serving the
property subject to the roadway improvements proposed for the development
and Lake Drive.
RECOMMENDATION
The intent of the rezoning to Planned Unit Development and the approval of the
Development Stage Plan is to establish the overall regulatory framework, unique to the
development, while allowing flexibility for individual site design. It is anticipated that
modifications to building size, number and placement will happen as the project
develops. However, such modifications will be subject to the requirements set forth in
the Design Standards.
There are several steps in the process that will commence following approval of the
rezoning and Development Stage Plan. These include, but are not limited to,
preparation and evaluation of the public improvement feasibility study, financial
City Council
Legacy at Woods Edge
March 22, 2004
analysis, operation and maintenance agreement and the development agreement.
These items will need to be completed and approved in conjunction with the final plan
approval.
Generally, the proposed development is consistent with the original Calthorpe Master
Plan and Design Standards.
Rezoning to Planned Unit Development
Staff recommends approval of Ordinance No. 04 -04 rezoning the property from LB,
Limited Business to Planned Unit Development, with the proposed changes to Section
3.1, Allowable Uses and the addition of Appendix A entitled Conditional Uses.
ATTACHMENTS
1. Ordinance No. 04 -04
2. General Location Map
3. Master Site Plan, prepared by Hartford Group, Inc., dated February 6, 2004.
4. Table 1, Section 3.1. Allowable Uses
5. Appendix A. Conditional Uses
•
•
•
•
City Council
Legacy at Woods Edge
March 22, 2004
CITY OF LINO LAKES
ORDINANCE NO. 04 -04
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF LINO
LAKES BY REZONING CERTAIN REAL ESTATE FROM LB, LIMITED BUSINESS
DISTRICT TO PUD, PLANNED UNIT DEVELOPMENT
The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain:
SECTION 1. FINDINGS
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 action has been considered in relation to the specific
policies and provisions of and has been found consistent with the official
City Comprehensive Plan, as the site is guided for mixed use.
2. The proposed use is or will be compatible with present and future land
uses of the area. The site is guided for mixed use. Land in the area of the
site is already developed with commercial uses or designated for such
use. Subject to the conditions of site and building plan /conditional use
permit approval the site is compatible with existing commercial and
residential uses as well as future commercial and residential.
3. The proposed use conforms with all performance standards contained
within the city's zoning ordinance and is subject to the Design Guidelines
attached hereto.
4. The proposed use can be accommodated with existing public services and
will not overburden the City's service capacity. Existing sanitary sewer and
water services are available to the site and will not overburden existing
public services.
5. Traffic generation by the proposed use is within capabilities of streets
serving the property in conjunction with the public improvements
proposed.
The Zoning Ordinance of the City of Lino Lakes, Anoka County, Minnesota, passed by
the City Council on March 10, 2003 is hereby amended by rezoning from LB, Limited
Businsess to PUD, Planned Unit Developnment District pursuant to the provisions of the
Zoning Ordinance of the City of Lino Lakes, the following described real estate:
[EXHIBIT A TO BE INSERTED]
•
City Council
Legacy at Woods Edge
March 22, 2004
SECTION 2. DISTRICT PROVISIONS
A. Development of the property shall be subject to the Lino Lakes Town Center
Design & Development Guide, attached hereto as Exhibit B and made a part
hereof.
B. Unless otherwise specified herein the development shall be subject to the
provisions of the Lino Lakes Zoning Ordinance and all other applicable chapters
of City Code.
SECTION 3.
As above amended, said Zoning Ordinance shall stand as initially passed and
previously amended.
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 22nd day of March, 2004
•
John J. Bergeson, Mayor
ATTEST:
Ann Blair, City Clerk
•
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SECTION 3.1 ALLOWABLE USES
Table 1. Allowable Land Uses in Mixed -Use Commercial, Commercial /Residential and Civic Districts
Allowable Land Use
Comm
ercial
Mixed Use
Civic
Commercial Uses
Amusement enterprises including billiard halls, pinball & video
arcades entirely within the principal use, but exclude driving ranges,
PE
-
-
miniature golf courses, and go -cart tracks. [1]_J
t.
E
G
-
Cinemas, theaters and auditoriums, except sports assembly, exhibit
halls, and convention halls.
P
-
-
G
-
-
Eating places /restaurants /private clubs and lodges::
P
C
C
AG
P
C
-
AE
-
-
-
-
• With outdoor seating areas [4] 161
• With drive - through or drive -up facilities [5]
• With entertainment, bar or cocktail lounge at least 50 feet from the
Residential District. [2]
Finance services including banks, savings & loans, credit services:
• With drive - through or drive -up facilities [5].
P
C
P
-
-
Drive-through or drive -up services not listed elsewhere [5]
C
-
-
Finance, insurance & real estate services, including security &
commodity brokers & dealers, insurance & real estate agents, and
brokers; not including banks, savings & loans, & credit services.
P
P
-
Food stores, including supermarkets, meat & fish stores, fruit &
vegetable stores, candy stores, bakeries, health food stores, and
catering establishments.
P
P
-
Convenience stores without gas pumps:
P
-
P
-
-
-
• With-g-as-pumps
Furniture & home furnishing retail sales, incl. household appliances,
electronic equipment & office furniture. Must be less than 40,000 s.f.
footprint.
P
P
-
Garden supplies, excluding hay, grain & bulk feed sales and storage.
Must be less than 40,000 s.f. footprint.
P
P
-
General merchandise retail, including but not limited to: variety,
hardware, and dry goods stores, but excluding vending machine
operators and direct selling organizations. Must be less than 40,000
s.f. footprint.
P
P
-
Miscellaneous retail trade including florists, tobacco shops,
newspapers & magazines, camera & photo supplies, gifts, optical
goods, pet sales & supplies, books, stationery, art & hobby supplies,
antiques, stamps & coins, jewelry sales & minor repair.
P
P
-
Health clubs and gymnasiums.
P
-
P
G
-
-
. _ _ ..
ai
TABLE 1 NOTES:
P = permitted use. C = conditional use. (See Appendix A for Conditions of Use)
A = accessory to permitted or conditional use
[1] Driving ranges and other outdoor amusement enterprises are prohibited because of their land - intensive
nature. Hours of operation may be imposed as a condition of approval. -
[2] Establishments that serve alcohol, and /or feature amplified music are conditionally permitted as an
accessory use to restaurants subject to City Code requirements if they are at least 50 feet from
residences the Residential District.
Table 1 (continued . Allowable Land Uses.
Allowable Land Use
Commer-
cial
Mixed Use
Civic
Personal services including clothes laundering,
photographic services, barber & beauty services, dry
cleaning and shoe repairs, but excluding industrial
laundering.
P
P
-
Professional services including medical & health offices &
clinics, engineering & design services, legal and counseling
services, but excluding laboratories, hospitals, sanitariums
and rest homes.
P
P
-
Laboratories, hospitals, sanitariums, and rest homes.
-
-
-
Public & Quasi - Public Uses
Indoor recreation facilities
-
-
P
Outdoor recreation facilities (floodlighting not to exceed 0.5
foot - candles at the property line of adjacent residential uses);
-
-
P
Concession stands (not exceeding 500 square feet);
P
P
P
Community- serving centers & facilities, including daycare
and senior, recreation & teen centers.
P
P
P
Cultural facilities including auditoriums, libraries and art
galleries.
P
P
P
Semipublic facilities and institutions lacking
sleepingwithout sleefmg accommodations, including the
P
EP
P
following: churches and other religious institutions, non-
profit social service organizations, philanthropic and
charitable institutionsg : ' . - .: - - -
University, college, community college, and professional
schools (except truck driving schools).
P
P
P
Residential Uses
Residential units above ground -floor commercial space (e.g.
retail or employment), including "live work units."
-
P
-
Residential units meeting a civic purpose and managed by a
public or quasi -public entity, such as senior apartments or
assisted living.
-
P
-
Temporary Uses
Christmas tree or pumpkin lot sales, not to exceed 45
calendar days per year per type of sale. [61
P
P
P
Farmers' markets including the sale of vegetables, fruit,
baked goods, and other agricultural products, once a week
and limited to 6 hours per week [3]
P
P
P
Art fairs & festivals, subject to City Code: [6]
PE
PE
PE
Temporary outdoor display and sales of merchandise
associated with principle use
AG
AE
-
Other Uses Other Uses
-
-
-
...
E
E
G
See Section 1, Subd. 1-E of the Lino Lakes Zoning Ordinance
[3] The City Planning Department may establish administrative standards.
[4] Outdoor seating may occur between buildings and within allowable building setbacks (see Table 3).
Outdoor seating may also occur on sidewalks within street rights -of -way, provided that there is a clear
passage for pedestrian movement that is at least 6 feet in width.
[5] Refer to the diagram on page 20 for guidance on siting drive - throughs.
[61 The City may set limits on hours of operation to avoid nuisance issues.
•
APPENDIX A
CONDITIONAL USES
The uses identified in Table 1, Section 3.1 that require a Condition Use Permit shall be
evaluated based on the following applicable criteria:
A. Eating Places /Outdoor Restaurants, Clubs and Lodges:
1. Accessory outdoor seating areas:
a. The applicant shall submit a site plan and other pertinent information
demonstrating the location and type of all tables, refuse receptacles, and
wait stations.
b. Access to the dining area shall be provided only via the principal
building if the dining area is full service restaurant, including table
waiting service.
c. The size of the dining area is restricted to thirty (30) percent of the total
customer floor area within the principal structure.
d. All lighting shall be hooded and directed away from adjacent residential
uses in accordance with Section 3, Subd. 4. F of the Lino Lakes Zoning
Ordinance.
e. The applicant shall demonstrate that pedestrian circulation is not
disrupted as a result of the outdoor dining area by providing the
following:
1) Outdoor dining area shall be segregated from through
pedestrian circulation by means of fencing, bollards, ropes,
plantings, or other methods, and shall be subject to review and
approval by the City Council.
2) Minimum clear passage zone for pedestrians at the perimeter of
the restaurant shall be at least six (6) feet without interference
from parked motor vehicles, bollards, trees, tree gates, curbs,
stairways, trash receptacles, street lights, parking meters, or the
like.
3) Overstory canopy of trees, umbrellas or other structures
extending into the pedestrian clear passage zone or pedestrian
aisle shall have a minimum clearance of seven (7) feet above
sidewalk.
f. The dining area shall be surfaced with concrete, bituminous or decorative
pavers or may consist of a deck with wood or other flooring material that
provides a clean, attractive, and functional surface.
A minimum width of thirty -six (36) inches shall be provided within aisles
of the outdoor dining area.
h. Storage of furniture shall not be permitted outdoors between November
1 and March 31. Outdoor furniture that is immovable or permanently
fixed or attached to the sidewalk shall not be subject to the storage
prohibition of this section. However, any immovable or permanently
fixed or attached furniture must be approved as part of the
administrative permit application.
Refuse containers shall be provided for self - service outdoor dining areas.
Such containers shall be placed in a manner which does not disrupt
pedestrian circulation, and must be designed to prevent spillage and
blowing litter.
2. Accessory drive - through facilities provided that:
a. The stacking lane and its access must be designed to control traffic in a
manner to protect the buildings and will not interfere with on -site traffic
circulation or access to the required parking space.
b. No part of the public . street or boulevard may be used for stacking of
automobiles.
c. The stacking lane, order board intercom, and window placement shall be
designed and located in such a manner as to minimize glare to adjacent
premises, particularly residential premises, and to maximize
maneuverability of vehicles on the site.
d. The drive - through window and its stacking lanes shall be screened from
view of adjoining residential zoning districts and public street rights-of-
way.
e. A lighting and photometric plan will be required that illustrates the
drive - through service lane lighting and shall comply with Section 3,
Subd. 4.F of the Lino Lakes Zoning Ordinance.
B. Finance services including banks, savings & loans, credit services:
1. Accessory drive- through facilities provided that:
a. The stacking lane and its access must be designed to control traffic in a
manner to protect the buildings and will not interfere with on -site traffic
circulation or access to the required parking space.
b. No part of the public street or boulevard may be used for stacking of
automobiles.
c. The stacking lane, order board intercom, and window placement shall be
designed and located in such a manner as to minimize glare to adjacent
premises, particularly residential premises, and to maximize
maneuverability of vehicles on the site.
d. The drive - through window and its stacking lanes shall be screened from
view of adjoining residential zoning districts and public street rights -of-
way.
e. A lighting and photometric plan will be required that illustrates the
drive - through service lane lighting and shall comply with Section 3,
Subd. 4.F of the Lino Lakes Zoning Ordinance.
C. Drive - through or drive -up services not listed elsewhere provided that:
a. The stacking lane and its access must be designed to control traffic in a
manner to protect the buildings and will not interfere with on -site traffic
circulation or access to the required parking space.
b. No part of the public street or boulevard may be used for stacking of
automobiles.
c. The stacking lane, order board intercom, and window placement shall be
designed and located in such a manner as to minimize glare to adjacent
•
f.
g.
premises, particularly residential premises, and to maximize
maneuverability of vehicles on the site.
The drive - through window and its stacking lanes shall be screened from
view of adjoining residential zoning districts and public street rights -of-
way.
A lighting and photometric plan will be required that illustrates the
drive - through service lane lighting and shall comply with Section 3,
Subd. 4.F of the Lino Lakes Zoning Ordinance.
D. Temporary outdoor display and sales of merchandise associated with the principal use:
a. Merchandise must be taken inside the principal use each night.
•
STAFF ORIGINATOR:
CITY COUNCIL
MEETING DATE:
TOPIC:
AGENDA ITEM 7B(ii)
Michael Grochala
March 22, 2004
Consideration of Resolution No. 04 -38
Authorizing Report on Improvements, Legacy
at Woods Edge
ACTION REQUIRED: Simple Majority
BACKGROUND
The City Council approved the 1st Reading of Ordinance 04 -04 rezoning the subject
property to Planned Unit Development and Resolution No. 04 -33, approving the
Development Stage Plan /Preliminary Plat on March 8, 2004.
The Development Stage Plan approval included a condition requiring the preparation of
a feasibility study for the public improvements. Preparation of this report is also a
statutory requirement for projects where the costs are proposed to be assessed against
the benefiting properties.
The report will include a refined design on the proposed infrastructure including Lake
Drive Improvements and proposed streetscaping for the development. Additionally, the
estimated improvement costs and cost allocation break down will be prepared. It
should also be noted that the study does cover the improvements necessary for the
YMCA project.
Short, Elliott, Hendrickson, Inc., the City's Engineering consultant, has prepared a
proposal to perform these services for an estimated cost of $24,402. The cost of the
report preparation will be included in the proposed assessments for the project.
Staff is recommending approval of Resolution No. 04 -38.
ATTACHMENTS
1. Resolution No. 04 -38
•
•
City Council
Legacy at Woods Edge
March 22, 2004
CITY OF LINO LAKES
RESOLUTION NO. 04 -38
RESOLUTION AUTHORIZING PREPARATION OF REPORT ON IMPROVEMENT
LEGACY AT WOODS EDGE
WHEREAS, it is proposed, in conjunction with the Legacy at Woods Edge project, to
make improvements of street, sanitary sewer, water main, storm sewer, streetscaping
and sidewalks within the development area and to make street and storm sewer and
Traffic Signal improvements to Lake Drive adjacent to the site and to assess the
benefited property for all or a portion of the cost of the improvement, pursuant to
Minnesota Statues, Chapter 429 and the City Charter,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LINO LAKES, MINNESOTA:
1. That the proposed improvement be referred to SEH, Inc., for study and that they are
instructed to report to the council with all convenient speed advising the council in a
preliminary way as to whether the proposed improvement is necessary, cost -
effective, and feasible and as to whether it should best be made as proposed or in
connection with some other improvement, and the estimated cost of the
improvement as recommended.
Adopted by the Lino Lakes City Council this 22nd day of March, 2004.
Ann Blair, City Clerk
John J. Bergeson, Mayor
2
•
STAFF ORIGINATOR:
CITY COUNCIL
MEETING DATE:
AGENDA ITEM 7B (iii.)
Michael .Grochala
March 22, 2004
TOPIC: Resolution No. 04-42,
Declare 'Intent to Bond. Legacy at Woods
Edge
VOTE REQUIRED: 3/5 - simple majority
BACKGROUND:
The City Council is considering authorizing preparation of a report on improvements for
the proposed Legacy at Woods Edge. It is possible that the proposed public
improvements will be financed from bond proceeds.
The Internal Revenue Code requires Cities to declare its intent to reimburse project
costs from bond proceeds prior to encumbering project costs. This is a non - binding
declaration that must take place in order to finance projects in this manner.
RECOMMENDATION
Staff is recommending adoption of Resolution No. 04-42
ATTACHMENTS
1. Resolution No. 04-42
CITY OF LINO LAKES
RESOLUTION NO. 04-42
RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS
TO BE UNDERTAKEN BY THE CITY OF LINO LAKES; ESTABLISHING
COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE
INTERNAL REVENUE CODE
(LEGACY AT WOODS EDGE)
WHEREAS, the City of Lino Lakes is in the practice of constructing certain
improvements and in some instances reimbursing itself for the cost of any portion of the
improvements with bond proceeds, and
WHEREAS, the Internal Revenue Service has issued proposed Treasury
Regulations Section 1.103 -17 (as proposed and /or finally adopted, the "Regulations")
dealing with the issuance of bonds where all or a portion of the proceeds are to be
used to reimburse the City for any project costs paid by the City prior to the time of the
issuance of the bonds,. and
WHEREAS, the Regulations generally required that the City make a prior
declaration of its official intent to reimburse itself for such prior expenditures out of the
proceeds of a subsequently issued taxable or tax exempt borrowing, that such
declaration generally be made prior to but not more than two years before the time the
expenditure is actually paid, that the borrowing occur and the reimbursement allocation
be made from the proceeds of such borrowing within one year of the payment of the
expenditure or, if longer, within one year of the date the project is placed in service,
and the expenditures relate to property having a reasonably expected economic life of
at least one year.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Lino Lakes,
Anoka County, Minnesota, that:
1. Official Intent - The City desires to comply with requirements of the Regulations with
respect to certain projects hereinafter identified.
a. The City proposes to undertake road and utility improvements in conjunction with
the Legacy at Woods Edge and YMCA Development projects.
b. Other than costs to be paid or reimbursed from sources other than a tax - exempt
borrowing or costs permitted to be reimbursed pursuant to the transaction
provision of section 1.103 -17(1) of the Regulations, none of the costs of the
foregoing projects has heretofore been - paid by the City and none of the costs
will be paid by the City until after the date to this Resolution. Each of the
• projects and costs related thereto, constitutes property having a useful life of at
least one year.
•
•
c. The City intends to reimburse itself for the payment of the designated project
costs out of the proceeds of a tax exempt bond issue, debt or similar borrowing
(the "Bonds ") to be issued by the City after the date of payment of all or a portion
of the costs. Pending the issuance of the Bonds, the City reasonably expects to
pay and temporarily finance the costs relating to this project.
d. The Bonds are proposed to be issued by the City pursuant to the provisions of
Minnesota Statutes, Chapter 475, and other applicable statutory authority. The
reasonably expected sources of funds to be used by the City to pay the debt
service on the Bonds are special assessments.
2. Budgetary Matters - As of the date hereof, there are no City funds reserved or
otherwise allocated pursuant to the City's budget (or expected to be reserved or
allocated pursuant to the City's budget) to provide permanent financing for the
bonding portion of the project costs, other than pursuant to the issuance of the
Bonds. Furthermore, there has been no allocation, budgeting, or restriction of
moneys (or the adoption of a requirement or policy to reimburse a fund) as part of
the City's budgetary process, the primary purpose of which is to prevent moneys
from said sources from being available for the permanent financing of the costs of
the projects. This resolution, therefore, is determined to be consistent with the
City's budgetary and financial circumstances as they exist or are foreseeable on the
date hereof, all within the meaning and content of the Regulations.
3. Filing - This resolution shall be filed in the publicly available official books, records,
or proceedings of the City, which shall be continuously available for inspection by
the general public. This resolution shall be available for inspection at City Hall
during normal business hours of the City on every business day the period
beginning on the earlier of 10 days after the adoption hereof or the date of issuance
of the reimbursement bonds and ending on the day after the issuance of such
bonds.
4. Reimbursement Allocation - The City's financial officer shall be responsible for
making the "reimbursement allocations" described in the Regulations, being
generally the transfer of the appropriate amount of proceeds of the Bonds to
reimburse the source of temporary financing used by the City to make payment of
the prior costs of the projects. Each allocation shall be evidenced by an entry on
the official books and records of the City maintained for the Bonds, shall specifically
identify the actual prior expenditure being reimbursed, and shall be effective to
relieve the proceeds of the Bonds from any restriction under the bond resolution or
other relevant legal documents for the Bonds, and under any applicable state or
federal statute, which would apply to the unspent proceeds of such bond issue.
•
Adopted by the City Council this 22nd day of March, 2004.
Ann Blair, City Clerk
John J. Bergeson, Mayor
MEMORANDUM
DATE:
TO:
FROM:
RE:
March 19, 2004
City Council
Michael Grochala
Eagle Brook Church
Enclosed for your review are the following documents related to Eagle Brook Church,
which is scheduled for City Council consideration on Monday, March 22, 2004:
1. Staff Report (Resolution No. 04 -17 attached)
2. Staff memo regarding proposed conditions submitted by HERON
3. City Attorney memo regarding Conditional Use Permits
4. Construction Noise Level Information submitted by Eagle Brook Church
5. Draft Conservation Easement Management Plan prepared by Eagle Brook Church
6. Resident letter dated March 15, 2004
Additionally, in response to concerns regarding the adequacy of the right turn lanes on
Main Street (CSAH 14) staff has performed field measurements and verified with Anoka
County the following:
Turn Lane Location
Westbound CSAH 14 to I -35E
northbound
Westbound CSAH 14 to CSAH 21
northbound
Turn Lane Length
(ft.)
(per model)
300 feet
300 feet
Turn Lane
Length (ft.)
Actual
416 feet
210 feet
As shown in the table the westbound CSAH 14 right turn lane to CSAH 21 northbound is
approximately 80 feet shorter than shown in the traffic analysis. Condition No. 10 of
Resolution No. 04 -17 requires that the church obtain written approval from Anoka
County that the specified turn lane will function as demonstrated in the traffic analysis.
J :\mgrochala\porms\Memo Template.dot
The condition also states that the church must make any improvements to the turn lane as
required by the County.
Anoka County has indicated it may be possible to restripe the turn lanes to the
appropriate length without pavement reconstruction.
Condition No. 11 of Resolution No. 04 -17 specifically requires the Church to construct
the right turn lane on the northbound I -35E exit ramp at CSAH14.
If you have any questions regarding this information please contact Jeff Smyser or me.
J:lmgrochalalForms\Memo Template.dot
STAFF ORIGINATOR:
C. C. MEETING DATE:
TOPIC:
VOTE:
BACKGROUND
AGENDA ITEM 7 C
Jeff Smyser
March 22, 2004
Resolution 04 -17
• Conditional Use Permit For A Church In the
Rural Zoning District, and
• Preliminary Plat, Eagle Brook Addition
Eagle Brook Church
3/5 for Conditional Use Permit
3/5 for Preliminary Plat
(combined into one resolution)
Eagle Brook Church proposes to construct a new facility on 90+ acres on the west side of
20th Ave., about 1/4 mile north of 77th St. A church is a conditional use in the Rural
zoning district. The application also includes a preliminary plat. The proposed plat splits
the property into two lots. The existing house on the property would be on one lot. The
proposed church would be on another lot.
The required site and building plan review is an administrative review. Most of the
elements examined for a site plan are relevant to the conditional use permit, and so are
included in this report. The application includes the request for an increase in building
height that can be included in a conditional use permit.
The City processed an Environmental Assessment Worksheet (EAW) on this project in
2002 -2003. That review examined the potential environmental impacts of the project.
The design incorporated into the current application used information gathered during the
EAW process.
The P & Z opened the public hearing on the conditional use permit application at the
November 2003 meeting. That public hearing was continued. A number of issues were
unanswered, one of which was the existing house on the site. The church then submitted
an application for a preliminary plat to create a separate lot to allow the house to remain.
A preliminary plat requires a public hearing. New notices were published and mailed,
and the public hearing for the plat was opened at the December 2003 meeting. We then
combined the public hearings for the conditional use permit and the preliminary plat.
The P & Z made a recommendation at the January 2004 meeting.
Eagle Brook Church
page 2
ANALYSIS
Land Use and Zoning
Comprehensive Plan: According to the comprehensive plan, the project site is
guided for Low Density Sewered Residential land use. In addition to land use categories,
the comprehensive plan designates growth areas for pre -2010 (stage 1) and 2010 -2020
(stage 2). The site is split between stage one and stage two areas. These growth areas
pertain to when city utilities (sanitary sewer and water) may be made available for the
area in question in order to support residential development. Since the project does not
comprise residential development and it does not rely on city utilities, the growth areas
are not immediately relevant to the church proposal.
Location
Existing Land Use
Guided Land Use (Comp. Plan)
Zoning
Site
agriculture
Low Density Sewered Resid.
Rural
North
rural residential
Rural
Rural
South
rural resid., agric.
Low Density Sewered Resid.
Rural
East
rural resid., agric.
Medium Density Resid.
Rural
West
Peltier Lake
Low Dens. Sewered Resid.,
Public /Semi - Public
Rural
The comprehensive plan does not establish a separate land use category specifically for
churches. Several existing church properties on large parcels are designated as
Public /Semi Public land use, as are parks and the City Hall location. This reflects the
existing uses, but the comprehensive plan makes no attempt to predict where a church
may want to locate in the city and provides no guidelines in for locating churches.
The comprehensive plan creates seven planning districts across the city that include
recommendations for the specified areas. The project site is within planning district six.
No recommendations refer to the specific site or to churches. The only recommendation
that refers to anything specific to the immediate area states that the city will work with
the City of Centerville to facilitate the future improvement of 20th Ave.
The comprehensive plan also establishes conceptual greenways on the land use map.
Greenways are corridors of protected open space managed for conservation and
recreational purposes. The city has no ownership or other rights to greenways simply
because they appear on the conceptual map. They are to be further defined as individual
development projects arise, in cooperation with the site developer. A conceptual
greenway overlaps the northwestern portion of the project site. This area of the site
consists of wetlands and woodlands and is not intended for development. The site plan
indicates only a stormwater pond in the envisioned greenway area. The rest of the
development would be on the eastern portion of the site. The church plan is compatible
with the city's greenway corridor plan by preserving the envisioned greenway area as
open space. In fact, the church is proposing a conservation and wetland easement over
the southwestern portion of the site.
Resolution 04 -17, page 2
Eagle Brook Church
page 3
Zoning: The site is in a Rural zoning district. A church is a conditional use in this
zone. Much of the site is within the shoreland overlay zone that covers land within 1000
feet of the ordinary high water level (OHWL) of Peltier Lake. The submittal compares
with the Rural zoning and shoreland standards as follows:
RBR discussion: Residents have noted the existence of the R -BR Rural Business
Reserve zoning district on the east side of 20th Ave. The envisioned commercial and
industrial growth in the area would move north from Main St. in 'A mile segments, as
controlled by approvals of infrastructure extensions and development. As noted by the
residents, no road system has been designed for the R -BR area. The R -BR zoning district
does not include the proposed Eagle Brook Church site.
Preliminary Plat, Site Plan, Conditional Use Permit
At its widest point, the property stretches from 20th Ave. to Peltier Lake. The site
consists of several individual parcels. When the final plat is recorded, the site will
become two lots, as shown on the plat. The lake is in the Regional Park Reserve. Land
Resolution 04 -17, page 3
Required
Proposed
Lot size minimum
special existing home
provision
10 acres
1 acre
83.8 acres
6.2 acres
Lot width minimum
special existing home
provision
330'
200'
900' +
200'
Setbacks:
buildings
from street
rear lot line
side lot line
parking
from street
rear lot line
side lot line
Shoreland:
from OHWL
(structure and septic)
40'
30'
10'
50' for church CUP
no stated reqs.
no stated reqs.
no stated reqs.
150'
600'
600'
250'
200'
500'
50'
700' bldg.
400 +' septic
Bldg. height
35'
60' church spires
50'
60' "spire"
Impervious max.
60% max. ( shoreland)
23%
RBR discussion: Residents have noted the existence of the R -BR Rural Business
Reserve zoning district on the east side of 20th Ave. The envisioned commercial and
industrial growth in the area would move north from Main St. in 'A mile segments, as
controlled by approvals of infrastructure extensions and development. As noted by the
residents, no road system has been designed for the R -BR area. The R -BR zoning district
does not include the proposed Eagle Brook Church site.
Preliminary Plat, Site Plan, Conditional Use Permit
At its widest point, the property stretches from 20th Ave. to Peltier Lake. The site
consists of several individual parcels. When the final plat is recorded, the site will
become two lots, as shown on the plat. The lake is in the Regional Park Reserve. Land
Resolution 04 -17, page 3
Eagle Brook Church
page 4
between the proposed site and the lake is owned by the City of St. Paul Water Services,
but is likely to be purchased by the County to add to the park reserve.
Lots: The church proposes to create separate lots for the new church building and the
existing house. Since the house exists, the subdivision is actually creating a separate lot
for the church. Under the subdivision ordinance, the creation of a new non - residential lot
requires a plat rather than a minor subdivision.
Normally, the Rural zoning district requires a minimum lot size of ten acres. However,
the zoning ordinance allows a smaller lot when an existing house is on a large parcel.
The lot width can then be less than the normal 330'. Section 3, Subd. 3.B.2. of the
zoning ordinance states:
Where there exists a habitable single family home constructed prior to July 13, 1992,
a lot of a minimum of one (1) acre may be created provided that:
a. The new lot that has a minimum area of one acre contains the existing habitable
home, and
b. The balance of the property is ten (10) acres or more, and
c. The new lot that has a minimum area of one acre contains one acre of contiguous
buildable land, not including road right of way, electrical transmission line
easements or pipeline easements, and
d. Both the one - acre - minimum lot and lots made from the remaining land must meet
all minimum lot requirements and provide for meeting setback and other structure
requirements, and
e. It can be demonstrated that all unsewered lots can accommodate the proposed
principal structure, onsite well if the public water system is not available, and an
onsite wastewater treatment system including both a primary and secondary drain
field area in accordance with MN Stat. 7080 and other applicable requirements.
Section 5, Subd. 1.B.2. states that the minimum lot width in the Rural zoning district is
330 feet "except as provided for in Section 3, Subd. 3.B.2., which shall require a
minimum lot width of two hundred (200) feet." The proposed house lot is 200 wide
along the road.
The house has existed for much longer than 1992. The proposed lot for the existing
house is 6.2 acres. The remainder of the property is over 80 acres. The lot lines provide
for all required setbacks. The house has an existing septic system, and adequate area for
a secondary drainfield exists. The proposed house lot meets requirements a through e,
listed above.
The subdivision ordinance requires that minimum lot area is exclusive of water course
easements, as well. An easement for the relocated county ditch along the entire southern
property line (1070') is 100' wide, totaling about 2.5 acres. This leaves approximately
3.7 acres of contiguous upland that is not encumbered by the ditch easement.
Resolution 04 -17, page 4
Eagle Brook Church
page 5
Shoreland: The western portion of the site is within a shoreland overlay district. This
overlay includes land within 1000 feet of the ordinary high water level (OHWL) of Lake
Peltier. The Minnesota Dept. of Natural Resources (DNR) establishes the OHWL for
water bodies designated as protected waters. The DNR had not previously determined
the OHWL for Peltier Lake. As a result of the proposal of this project, the DNR
determined the OHWL last year at 884.7. The overlay zone and the shoreland setbacks
within it are measured from this elevation.
In addition to the zoning ordinance, the City shoreland ordinance regulates uses in the
shoreland overlay district. A shoreland overlay allows the uses allowed by the
underlying zoning. A church is allowed in the underlying Rural zoning district as a
conditional use. Lot dimensions are the same as the Rural district: 10 acre minimum for
any new lots, with a 330 ft. minimum width of road frontage as well as at the OHWL.
The proposed church lot (Lot 1) exceeds these minimum size requirements. The
proposed, separate house lot (Lot 2) is not within 1000' of the OHWL and thus not
subject to the shoreland standards.
The shoreland ordinance classifies Peltier Lake as a natural environment lake. Structures,
septic systems, and parking must meet the minimum 150 ft. setback. The project meets
these requirements. Structures must be screened from the water. The existing tree and
vegetative growth provides an adequate screen. The shoreland ordinance specifically
exempts churches from the 36 ft. maximum structure height in a shoreland zone.
The lowest floor elevation must be 3 ft. above OHWL, so the floor must be at least 887.7
to meet the shoreland requirement. The low floor elevation is 896.
Access: The preliminary plat shows the house driveway in its current location,
running along the southern edge. The proposed church driveway is about 200' north of
the house driveway. It will be 20' from the proposed lot line.
The church driveway would be nearly opposite an existing residential driveway on the
east side of 20th Ave. This may seem undesirable for that resident. However, it offers
several advantages. It minimizes the creation of an additional conflict point along the
road: the conflict point already exists with the existing residential driveway. In
addition, it would allow the traffic control personnel to help the resident onto the road
during church events. (Traffic control personnel should be required during services and
large events.)
The church will dedicate additional right of way to Anoka County for 20th Ave. (CSAH
21) to total 60 feet from the centerline along the entire property being platted and the
existing one -acre lot on the north part of the site.
Resolution 04 -17, page 5
Eagle Brook Church
page 6
Heron Rookery and Conservation Easement: The second largest heron rookery in
the Metro area is on the island in Peltier Lake. The proposed church building pad is
approximately 3000' from the island. The proposed septic system and stormwater pond
are about 2000' from the island. (One mile equals 5280 feet.)
The birds forage for nesting material on the shores of the project property. The church
has agreed to cooperate with environmental groups, including the Mn DNR and Anoka
County Parks, to manage the shore area in a way that supports the foraging activity. The
church is proposing a conservation easement in the southwest part of the property. This
would include the wetland area there as well as land between the wetland and the lake.
Terms of the easement agreement would involve maintaining the area for foraging as
well as restoring part of the area to a native prairie as well as attempts to eliminate
invasive species in the wooded wetland areas. As proposed, the easement will be granted
to the Rice Creek Watershed District. The conservation easement covers about 14 acres.
Wastewater System: The proposed wastewater treatment system for the church
includes a tank, a pretreatment step, and a mound soil treatment system (drainfield). The
City received the assistance of the Anoka County Community Health & Environmental
Services Dept. to review the final design of the wastewater treatment system. That
department reviewed the preliminary design report and found the design acceptable.
With the pretreatment, the proposed system exceeds the requirements of the state and the
county. (Lino Lakes does not have its own septic system requirements: the City is
therefore required to adhere to the Anoka County regulations.) With the pretreatment,
effluent from the proposed system will be better than the standard septic system utilized
by others in the area.
Because of the distance between the building and the tank, the pipe must be insulated to
prevent freezing. The pretreatment element area and the mound should be protected from
snowmobiles and ATVs with a fence. We can add these as conditions of approval.
Even though a new system was installed on Lot 2 in 1993, we still require a site for a
secondary system in the event the first one fails. The preliminary plat shows the
locations of the existing septic system drainfield and an area for a secondary drainfield on
Lot 2. MPCA rules (MN Rule 7080) state there must be a 10' setback from property
lines and 100' from the well. The proposal meets the setback requirements.
In the event that public sewer is available in the project area, it would be best for the
church to connect. At this time, there are no proposals to extend public sewer or water to
the area. It is always a good idea for any property owner to consider such a future
connection when designing a site. The utility plan includes locations for future water and
sanitary sewer connections.
The City supports designing for a future connection. The City may require a condition of
approval, as part of the conditional use permit, that the church connect to a public sewer
within 24 months of the public system becoming available.
Resolution 04 -17, page 6
Eagle Brook Church
page 7
Residents have questioned the water use /wastewater generation assumptions used as the
basis for the design of the church's wastewater system. For comparison purposes, the
Metropolitan Council uses a sewer availability charge (SAC unit) as a basis for billing for
sanitary sewer service. One SAC unit is based on 274 gallons per day. Churches are
charged one SAC for each 275 seats. For a 2100 seat church, this would be 7.64 SAC
units, which calculates out to an estimated 2093 gallons per day. If the church expands to
2800 seats, this calculates out to 10.2 SAC units, or 2795 gpd. Weekly worship schools
are charged one SAC (274 gpd) per 55 students. The Eagle Brook System is based on a
treatment capacity of 2800 gallons per day.
Water Well: The existing well on Lot 2 is indicated on the plat. It is within the
property lines and properly separated from the secondary drainfield location.
A new well will be created for the church. If municipal water service becomes available,
the church should be required to connect. This is included in the conditions of approval.
As a condition of plan approval, utility related modifications and comments as set forth in
the City Engineer's memo should to be incorporated into the final plans.
Wetlands, Grading, and Stormwater Management: Four wetlands are
located on or partially on the project site. One is part of the shoreline of the lake in the
southwest part of the site. Another is near a depression surrounded by wooded upland.
These two will not be disturbed by the proposed church project.
A third wetland is a swale in the northwest area of the site which is surrounded with tilled
farmland. The fourth is on the northeast corner of the site is part of a larger wetland
located mostly north of the site. These two wetlands are drainageways and have been
degraded by agricultural runoff and are vegetated primarily with reed canary grass.
The plans show a 25' setback from the wetlands. No building or pavement would be
placed in these areas. Under City requirements, all wetlands must be protected with a
drainage and utility easement. This will be enlarged to include the 25' setback.
County Ditch 72 is an underground drain tile, including the stretch crossing the property.
The main branch of County Ditch 72 begins about 4300 feet southeast of the site.
Branch 1 of the ditch begins about 2500 feet south of the site. These merge on the site,
then drain into the swale wetland, which then runs into the lake. Currently, there is no
pretreatment of runoff in the tile ditch system or runoff from the agricultural land before
it flows into the wetlands and lake.
The proposed stormwater design shows that runoff will be collected by a series of swales,
infiltration areas /rain gardens, and stormwater ponds, providing pretreatment of all runoff
from the development.
The Rice Creek Watershed District has review authority over the stormwater design and
issued a conditional approval in October 2003. The county ditch will be rerouted, in a
new underground drain tile, around the development area. This was required by the
Resolution 04 -17, page 7
Eagle Brook Church
page 8
Watershed in lieu of the suggestion to daylight the underground "ditch" and make it an
actual surface ditch. The new underground tile will daylight in a location similar to the
existing tile, and discharge into the wetland. The capacity of the tile will not be changed.
The ditch must not be impeded so as to cause flooding. On the other hand, increasing the
ditch's capacity could drain wetlands in the area. Therefore, design of any work that
affects the ditch must maintain ditch capacity.
The applicant will be required to enter into a ponding maintenance agreement with the
city. Drainage and utility easements must be created over all ponds and wetlands on the
final plat. Easements must be placed over the relocated drain tile for Co. Ditch 72 and
deeded to the Rice Creek Watershed District.
As a condition of plan approval, the grading and drainage related modifications and
comments as set forth in the City Engineer's memo should to be incorporated into the
plans.
Clarification of the County Ditch Drainage Area and Affect On Design: Residents
raised a question about the area being drained by the county ditch as it exists now. The
Watershed District has stated about 600 acres. Residents say the drainage area is much
greater. Private drain tiles typically are not all documented. It is impossible to know
how many private landowners have installed tiles that cross a natural subwatershed
boundary, which would increase a drainage area for a downstream tile.
However, this question is a red herring. Regardless of the drainage area, the drainage rate
of the tile /ditch must not be altered. This is the salient point. The drainage design must
maintain the existing flow capacity.
Effect of the Impervious Surface On the County Ditch: The county ditch will be re-
aligned. The proposed drainage design does not route runoff from new impervious
surface into the county ditch. Runoff from the parking, building, etc., will flow through
a series of facilities into a stormwater pond, then into the wetland downstream from
where the ditch discharges into the wetland. The church project will not increase flow in
the county ditch.
Phosphorous Discussion: Residents have claimed that the phosphorous reduction on
the site is not enough to meet City policy. The claim refers to a study in 1993 that
reduction of phosphorous is desirable. The claim also references a goal of the St. Paul
Water Utility of a specified phosphorous level for the lake. These documents do not
establish City policy. Nor is the City the permitting jurisdiction for wetland or surface
water permitting issues. The Rice Creek Watershed District holds those authorities, and
the RCWD granted a conditional approval of the proposed church project in October
2003. The approval states that the stormwater management design "meet District water
quality treatment, rate control, and infiltration requirements."
Floodplain: The city has a floodplain management ordinance. The 100 -year flood
elevation, which defines the floodplain, is 887. The western portion of the site is within
the floodplain. Lowest floor elevations of structures must be at least one foot above this
Resolution 04 -17, page 8
Eagle Brook Church
page 9
elevation. The church building pad is not within the floodplain and is at an elevation of
896.
Parks and Trails: The EAW raised the possibility of trail connections to the park
reserve. However, the land there is primarily wetland and the County has no plan for
trails through it.
Building: The proposed church is a two -story structure. The first floor footprint
would include 57,463 sf. The second floor has 26, 894 sf, for a total of 84, 357 sf. The
worship area includes seats on both the first and second levels, for a total of 2100. The
building also includes six classrooms and seven childcare rooms.
The Eagle Brook Church intended the CUP application to allow for a 700 -seat expansion
for a total of 2800 seats in the worship are. Due to potential traffic issues, this expansion
should be subject to an amendment of the CUP. The amendment process will re- examine
traffic impacts as well the adequacy of the wastewater treatment system.
The exterior of the building includes a variety of colors, materials, and finishes. The
tallest walls are buff colored, precast concrete panels with a sandblasted finish. Areas of
the lower walls also are precast concrete panels with a sandblasted, of a reddish color.
Lighter color stone makes up most of the rest of the larger wall area material. The
southeast corner of the larger portion of the building includes a glass curtain wall.
Fire suppression sprinklers will be required. This need will be filled with an underground
storage tank of 30,000 gallons of water. Such onsite storage and pump systems must
meet state fire and building code requirements.
Building Height: The maximum building height in the Rural zone is 35', though
church spires may go up to 60'. Building heights in excess of these may be allowed
through a conditional use permit if they meet specific conditions. These are described
below under the conditional use permit heading.
The height of the top of the exterior walls is 50'. A tower, or spire, is 60'. The CUP
application includes the request for the 50' building height.
Lighting: City requirements allow no more than 0.4 foot candles at the residential
property line and no more than 1.0 at street right of way lines. All exterior fixtures must
be 90 degree cutoff fixtures. The photometric plan dated 10/14/03 and the fixture cut
sheets meet these requirements.
The primary purpose of the lighting restrictions is to minimize affecting the ability to
enjoy the night sky. The EAW review raised the issue of the large parking lot being lit at
night. If the project proceeds, the City should attach requirements that the parking
lighting is turned off after events.
For safety reasons, typical street lights should be installed at the driveway access points.
These fixtures would be the same as those installed at street intersections.
Resolution 04 -17, page 9
Eagle Brook Church
page 10
Signage: The church wants two monument signs, one at each entrance. They plan
to illuminate both. Signage is governed by the City's sign ordinance, which clearly
prohibits illuminated signs in a Rural zoning district. The ordinance states:
Illuminated signs are permitted only in limited and general business, shopping center,
central business and light and general [industrial] districts.
Section IV. G., Ordinance No. 12 -97
Permits are required for all signs. All signs will be reviewed upon submittal of sign
permit applications.
Landscaping, Tree Preservation, Screening: It is impossible to completely screen
such a large property. However, the church has increased screening in specific areas
compared to the initial submittal. The landscaping plan includes a variety of trees along
property lines and within the site. The majority of the site will be planted with native
grasses. Areas adjacent to the building will be sod. Rain gardens (infiltration areas) are
distributed around the and within the parking lot, and will be planted with appropriate
wetland -type seeding.
Almost all trees on the site will remain undisturbed. The lake shore and wetlands are
heavily wooded and trees there will not be disturbed. Existing coniferous tree stands on
the southern portion of the site will remain. Some trees along the road will be
transplanted to accommodate driveways. Screening will be planted along the southern
border of Lot 1.
The plan proposes prairie grass for large areas of the site. A management plan for this is
advisable.
Utilities: A well will be drilled to provide water. The church will construct an
onsite wastewater treatment system. These are discussed above.
Access, Parking, Traffic
Right Of Way: The site fronts on 20th Ave., CSAH 21, a minor arterial roadway.
Ultimately, Anoka County will need a total width of 120' of right of way, or 60' on each
side of the centerline. Currently, it is 33'. The Church is proposing to dedicate an
additional 30' to accommodate turn lanes for the new access driveways. This typically is
done with the final plat. However, the existing house lot fronting on 20th Ave. within the
north portion of the site is not part of the plat. A separate deed will be necessary to
dedicate the right of way along the 165' of frontage of that lot.
Access: The proposal includes two new driveways onto 20th Ave. A southbound
right turn land and a northbound left turn lane would be constructed for vehicles entering
the northern driveway. This would be the entry point during church events. The
southern driveway would be the exit during events. This would be managed by traffic
Resolution 04 -17, page 10
Eagle Brook Church
page 11
control personnel at the driveways. During non -event times, both driveways could be
used for entry and exit.
Parking: The plan provides for adequate parking, as indicated in the table below. It
is possible that the church will expand in the future. The EAW analysis included the
potential expansion. If the hypothetical expansion of 700 seats occurs, it would require
an additional 233 parking spaces. The plan accommodates this potential with a grassy
area south of the western parking lot area.
It is common practice in Lino Lakes to attempt to minimize the impervious surface. Only
23% of the site will be impervious surface. The plan proposes 47 more parking spaces
than required. The elimination of 47 spaces would amount to one double row. This
would not accomplish much and would negatively affect the circulation design within the
parking lot.
Traffic: The traffic analysis prepared for the EAW raised concern over the Sunday
peak periods at 35E ramps and at the 20th Ave. /Main St. intersection. The City's
requirements for CUPs, site plans , and subdivisions include level of service (LOS)
criteria (listed below under CUP Criteria). The level of service criteria do not apply to
the freeway interchange. (See d.7.)
The difficulty arises when looking at the larger picture. The 20th Ave. /Main St.
intersection is 1 1/2 miles from the proposed church site. This is quite a distance for
establishing levels of service for roadways. In addition, that intersection is in another
municipality (Centerville), a location over which Lino Lakes has no jurisdiction.
These questions loom even larger in relation to the I -35E interchange. First, the level of
service criteria do not apply to the freeway interchange. Second, it is clear that no project
applicant can reconstruct a freeway interchange unless the proposed development project
is huge enough to cover the costs. (For example, a large shopping mall, sports arena, or
commercial development such as the Best Buy site in Richfield.) Both MnDOT and
Anoka County would have to be involved in such a project.
An even more difficult question arises in considering the implications. Land in the
vicinity of the interchange is guided and zoned for commercial and industrial
development. If a large retail, office, or industrial project is proposed in that area that
would create traffic and violate the level of service restrictions, we would have to deny
the project unless the interchange were reconstructed to handle the traffic. Forty acres of
Resolution 04 -17, page 11
Zoning Ord. Parking Space
Requirement
Spaces
Required
Spaces
Provided
worship area:
2100 seats
1 space per 3 seats
700
other
1 per classroom, other
13
total
713
760
plus potential
for addl. 300+
It is common practice in Lino Lakes to attempt to minimize the impervious surface. Only
23% of the site will be impervious surface. The plan proposes 47 more parking spaces
than required. The elimination of 47 spaces would amount to one double row. This
would not accomplish much and would negatively affect the circulation design within the
parking lot.
Traffic: The traffic analysis prepared for the EAW raised concern over the Sunday
peak periods at 35E ramps and at the 20th Ave. /Main St. intersection. The City's
requirements for CUPs, site plans , and subdivisions include level of service (LOS)
criteria (listed below under CUP Criteria). The level of service criteria do not apply to
the freeway interchange. (See d.7.)
The difficulty arises when looking at the larger picture. The 20th Ave. /Main St.
intersection is 1 1/2 miles from the proposed church site. This is quite a distance for
establishing levels of service for roadways. In addition, that intersection is in another
municipality (Centerville), a location over which Lino Lakes has no jurisdiction.
These questions loom even larger in relation to the I -35E interchange. First, the level of
service criteria do not apply to the freeway interchange. Second, it is clear that no project
applicant can reconstruct a freeway interchange unless the proposed development project
is huge enough to cover the costs. (For example, a large shopping mall, sports arena, or
commercial development such as the Best Buy site in Richfield.) Both MnDOT and
Anoka County would have to be involved in such a project.
An even more difficult question arises in considering the implications. Land in the
vicinity of the interchange is guided and zoned for commercial and industrial
development. If a large retail, office, or industrial project is proposed in that area that
would create traffic and violate the level of service restrictions, we would have to deny
the project unless the interchange were reconstructed to handle the traffic. Forty acres of
Resolution 04 -17, page 11
Eagle Brook Church
page 12
retail development will generate far more traffic than the proposed church, and retail peak
times typically correspond with rush hour —the peak times on the freeway.
This is why the level of service restrictions do not apply to the interchanges.
However, this does not mean that the City should ignore traffic impacts on the
interchange area if a clear public safety issue arises. The traffic analysis for the EAW
addressed Sunday worship service times. In December 2003, staff instructed the
applicant to expand that analysis to address planned Saturday evening services and the
possibility of weekday services. (The church's current programming plan does not
include weekday services. However, we are assuming they are possible in the future.)
Since then, we received additional analysis. Subsequently, City staff met with
representatives of the church and the neighborhood group several times to refine the
analysis. The latest analysis concluded that during peak periods there will be delays on
CSAH 14 and CSAH 21, there will be congestion, but there is no clear public safety
issue. Vehicles will not stack back into the travel lane of I -35E, which was the primary
concern. Several conditions of approval will mitigate traffic impacts.
Conditional Use Permit Criteria
There are general criteria for all CUPs and specific conditions that apply to churches, as
listed in Section, Subd. 2.7 of the zoning ordinance.
General Criteria: The Planning and Zoning Board shall recommend a conditional
use permit and the Council shall order the issuance of such permit only if it finds the
following criteria have been met:
a. The proposed development application has been found to be consistent with the
policies and recommendations of the Lino Lakes Comprehensive Plan including:
Land Use Plan, Transportation Plan, Utility (Sewer and Water) Plans, Local Water
Management Plan, Capital Improvement Plan, Policy Plan, Natural Environment
Plan.
• While there are no specific statements or policies in these plans with which
the proposed project clearly conflicts, the safety of the traveling public is an
underlying concern. In the Policy Plan chapter, under Land Use, general
policy 9. is "Relate land use development to transportation systems of the City
as identified in the Lino Lakes Comprehensive Transportation Plan." In
relating the proposed development to the transportation system that serves the
City, the traffic analysis does not reveal a clear danger to public safety.
b. The proposed development application is compatible with present and future land
uses of the area.
• The site is guided for single family sewered development. This does not
exclude churches, which typically are in single family zones. The majority of
the site will remain as undeveloped open space (only23% impervious surface).
Resolution 04 -17, page 12
Eagle Brook Church
page 13
The lakeshore area will be protected and managed to provide a foraging area
for birds in the heron rookery.
c. The proposed development application conforms to performance standards herein and
other applicable City Codes.
• With the conditions of approval, performance standards are met.
d. Traffic generated by a proposed development application is within the capabilities of
the City when:
1) If the existing level of service (LOS) outside of the proposed subdivision is A or
B, traffic generated by a proposed subdivision will not degrade the level of
service more than one grade.
2) If the existing LOS outside of the proposed subdivision is C, traffic generated by
a proposed subdivision will not degrade the level of service below C.
3) If the existing LOS outside of the proposed subdivision is D, traffic generated by
a proposed subdivision will not degrade the level of service below D.
4) The existing LOS must be D or better for all streets and intersections providing
access to the subdivision. If the existing level of service is E or F, the subdivision
developer must provide, as part of the proposed project, improvements needed to
ensure a level of service D or better.
5) Existing roads and intersections providing access to the subdivision must have the
structural capacity to accommodate projected traffic from the proposed
subdivision or the developer will pay to correct any structural deficiencies.
6) The traffic generated from a proposed subdivision shall not require City street
improvements that are inconsistent with the Lino Lakes Capital Improvement
Plan. However, the City may, at its discretion, consider developer - financed
improvements to correct any street deficiencies.
7) The LOS requirements in paragraphs a. to d. above do not apply to the I-
35W /Lake Drive or I -35E /Main St. interchanges. At City discretion, interchange
impacts must be evaluated in conjunction with Anoka County and the Minnesota
Dept. of Transportation, and a plan must be prepared to determine improvements
needed to resolve deficiencies. This plan must determine traffic generated by the
subdivision project, how this traffic contributes to the total traffic, and the time
frame of the improvements. The plan also must examine financing options,
including project contribution and cost sharing among other jurisdictions and
other properties, that contribute to traffic at the interchange.
8) The City does not relinquish any rights of local determination.
• See discussion above under "Traffic ".
e. The proposed development shall be served with adequate and safe water supply.
f. The proposed development shall be served with an adequate and safe sanitary sewer
system.
• The proposed new building would have its own well and onsite wastewater
treatment system. The church will be required to connect to municipal
sanitary sewer and water within two years of service availability.
Resolution 04 -17, page 13
Eagle Brook Church
page 14
g. The proposed development shall not result in the premature expenditures of City
funds on capital improvements necessary to accommodate the proposed development.
• There will be no city capital expenditures for this project.
h. Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property, or the general welfare
because of excessive production of traffic, noise, smoke, fumes, glare, or odors.
• The parking lot will be lit. The lighting will be comply with city requirements
and can be turned off after specified times.
• The project will generate traffic. The traffic impacts were the subject of
extensive analysis, as discussed above, there is no clear public safety danger.
i. Will not result in the destruction, loss, or damage of a natural, scenic or historic
feature of major importance.
• The EAW review process concluded that the project would have no
significant environmental impacts.
Specific Conditions: Churches are allowed as conditional uses in the Rural zone
provided that:
a. Side yard setbacks shall not be less than fifty (50) feet.
b. Adequate screening from abutting residential uses and landscaping is provided in
compliance with Section 3, Subd. 4.Q of this Ordinance.
c. Adequate off - street parking and access is provided on the site or on lots directly
abutting directly across a public street or alley to the principal use in compliance
with Section 3, Subd. 5 of this Ordinance and that such parking is adequately
screened and landscaped from surrounding and abutting residential uses in
compliance with Section 3, Subd. 4.Q of this Ordinance..
• The project complies with the required setbacks. The plans include adequate
off - street parking and access. The landscaping plan includes significant
screening.
Building Height: The maximum building height in the Rural zone is 35', though
church spires may go up to 60'. Building heights in excess of these may be allowed
through a conditional use permit provided that:
a. Demonstrated need is established for the increase in height and said increase will
not violate the intent and character of the zoning district in which the structure is
located.
• Contemporary churches are commonly large, tall buildings. The large
worship space requires a tall structure.
b. The site is capable of accommodating the increased structure size.
Resolution 04 -17, page 14
Eagle Brook Church
page 15
• At 82 acres, the church lot can accommodate the additional building height.
c. The potential increased intensity and size of use does not cause an increase in
traffic volumes beyond the capacity of the surrounding streets.
• The additional 14' of building height does not increase traffic volume.
d. Public utilities and services are adequate.
• The church will construct its own water and sanitary sewer facilities.
e. For each additional story over the district limitation or for each additional ten (10)
feet above the maximum allowed per district, front and side yard setback
requirements shall be increased by ten (10) percent.
• As noted in the zoning standards table above, the setbacks are well beyond
minimum requirements.
f. The construction does not limit solar access to abutting and /or neighboring
properties. A shadow study shall be required illustrating shadow encroachment
on adjoining properties.
• The shadow study shows no impact on neighboring property.
g.
The provisions of Section 2, Subd. 2. of this Ordinance are considered and
satisfactorily met.
• This refers to the general CUP criteria discussed above.
ENVIRONMENTAL BOARD ACTION
The Environmental Board reviewed the project on October 29, 2003. Their comments
are attached . This report addresses the parking issue, stormwater, conservation
easement, utility connections, screening, and prairie management, and lighting.
PLANNING & ZONING BOARD
The P & Z opened the public hearing on this project in November 2003 and
recommended approval at the January 2004 meeting. The recommendation included a
condition that further traffic analysis be completed. As discussed above, this has been
done. The conditions recommended by the P & Z are included in Resolution 04 -17.
OPTIONS
1. Approve Resolution 04 -17, approving the preliminary plat and conditional use permit,
applications.
2. Deny the application by not approving Resolution 04 -17, and stating findings for
denial.
Resolution 04 -17, page 15
Eagle Brook Church
page 16
RECOMMENDATION
Option 1
This review is based on the following submittals:
1. Eagle Brook Church Traffic Study, Supplemental Analysis, Draft Memorandum,
Including Updates: February 2, February 23, March 5, March 15, 2004
2. Preliminary Plat, 10/10/03, rec'd12 /18/03
3. Certificate of Survey, SRF, 10/10/03
4. Site Plan, BWBR and SRF, 12/18/03, received 12/18/03
5. Grading Plan, BWBR and SRF, 12/18/03, received 12/18/03
6. Utility Plan, BWBR and SRF, 12/18/03, received 12/18/03
7. Construction Plan, SRF /18/03, received 12/18/03
8. Landscaping Plan, BWBR, 12/18/03, received 12/18/03
9. Tree Preservation Plan, BWBR, 12/18/03, received 12/18/03
10. Signage and Building Cross Details, 12/17/03, received 12/18/03
11. First and Second Floor Plans, BWBR, 10/13/03, corrected square footages e -mail
from Ron Laughlin, BWBR
12. Building Elevations, BWBR, 10/13/03
13. Photometric Plan, BWBR and Ericksen Ellison and Assoc., 10/14/03, received
10/15/03
14. Lighting Fixture cutsheets, Lithonia Lighting
15. Onsite Wastewater Treatment System Final Design Report and Specifications,
Eco Systems Engineering, Oct. 8, 2003
16. Narrative, SRF
17. Description of Fire Protection System and Electrical Generator System,
Memorandum, Ericksen Ellison and Assoc., 10/13/03
Resolution 04 -17, page 16
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CITY OF LINO LAKES
RESOLUTION NO. 04-17
RESOLUTION APPROVING A CONDITIONAL USE PERMIT
FOR A CHURCH IN A RURAL ZONING DISTRICT
FOR EAGLE BROOK CHURCH,
AND
APPROVING A PRELIMINARY PLAT
FOR EAGLE BROOK ADDITION
WHEREAS, the City Council makes the following findings:
1. An Environmental Assessment Worksheet was prepared for the project in 2002, prior
to the formal submittal of an application. On May 13, 2003, the City Council
approved Resolution 03 -44 finding that there will be no significant environmental
effects from the project and making a negative declaration regarding the need for an
Environmental Impact Statement.
2. In October 2003 the City received an application for a conditional use permit to allow
the construction of Eagle Brook Church. An application for a preliminary plat
approval followed in November 2003.
3. The legal description of the property is: (see ATTACHMENT A)
4. The subject property currently is zoned Rural.
5. A church is a conditional use in the Rural zone as listed in the zoning ordinance.
6. The Planning & Zoning Board opened a public hearing on the conditional use permit
application at their meeting on November 12, 2003. The Board continued the
hearing. The Board opened a public hearing on the preliminary plat application on
December 10, 2003, and continued the combined public hearing to the January
meeting. At the January 14, 2004 meeting, the Board concluded and closed the
combined public hearing and recommend approval of the conditional use permit and
preliminary plat with conditions.
7. Updated traffic analyses by SRF were received by the City on February 2, February
23, March 5, and March 15 of 2004.
8. The traffic analysis concluded that a vehicle queue on the northbound I -35E exit ramp
to Main St. (CSAH 14) would not stack into the travel lane of I -35E.
9. The zoning ordinance lists general criteria for conditional use permits in Section 2,
Subdivision 2.7:
a. The proposed development application has been found to be consistent with the
policies and recommendations of the Lino Lakes Comprehensive Plan including:
Land Use Plan, Transportation Plan, Utility (Sewer and Water) Plans, Local
Water Management Plan, Capital Improvement Plan, Policy Plan, Natural
Environment Plan. While there are no specific statements or policies in these
plans with which the proposed project clearly conflicts, the safety of the public is
an underlying concern. Review of the project does not reveal a clear danger to
public safety.
b. The proposed development application is compatible with present and future land
uses of the area. The site is guided for single family sewered development. This
does not exclude churches, which typically are in single family zones. The
majority of the site will remain as undeveloped open space (only23% impervious
surface). The lakeshore area will be protected and managed to provide a foraging
area for birds in the heron rookery.
c. The proposed development application conforms to performance standards herein
and other applicable City Codes. With the conditions of approval, performance
standards are met.
d. Traffic generated by a proposed development application must be within the
capabilities of the City when specific levels of service are observed. However,
the City does not have jurisdiction over neighboring municipalities. With the
conditions of approval, including turn lane improvements, the roads will have
structural capacity to accommodate traffic. No City improvements are needed.
The LOS requirements do not apply to the I- 35W/Lake Drive or I -35E /Main St.
interchanges.
e. The proposed development shall be served with adequate and safe water supply.
f. The proposed development shall be served with an adequate and safe sanitary
sewer system. The proposed new building would have its own well and onsite
wastewater treatment system. The church will be required to connect to
municipal sanitary sewer and water within two years of service availability.
g.
The proposed development shall not result in the premature expenditures of City
funds on capital improvements necessary to accommodate the proposed
development. There will be no city capital expenditures for this project.
h. The proposed development will not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any persons,
property, or the general welfare because of excessive production of traffic, noise,
smoke, fumes, glare, or odors. The parking lot will be lit. The lighting will be
comply with city requirements and can be turned off after specified times. The
Resolution 04 -17, page 2
project will generate traffic. The traffic impacts were the subject of extensive
analysis and there is no clear public safety danger.
i. The proposed development will not result in the destruction, loss, or damage of a
natural, scenic or historic feature of major importance. The Environmental
Assessment Worksheet review process concluded that the project would have no
significant environmental impacts.
10. As listed in Section 5, Subd. 1.G.8. of the zoning ordinance, churches are allowed as
conditional uses in the Rural zone provided that: a. Side yard setbacks shall not be
less than fifty (50) feet; b. Adequate screening from abutting residential uses and
landscaping is provided; and c. Adequate off - street parking and access is and parking
is adequately screened and landscaped. The project complies with the required
setbacks. The plans include adequate off - street parking and access. The landscaping
plan includes significant screening.
11. The maximum building height in the Rural zone is 35', though Sec. 3, Subd. 4.C.
allows that church spires may go up to 60' and that building heights in excess of these
may be allowed through a conditional use permit provided that:
a. Demonstrated need is established for the increase in height and said increase will
not violate the intent and character of the zoning district in which the structure is
located.
• Contemporary churches are commonly large, tall buildings. The large
worship space requires a tall structure. The site is large and the structure will
be set back significant distances from property lines.
b. The site is capable of accommodating the increased structure size.
• At 82 acres, the church lot can accommodate the additional building height.
c. The potential increased intensity and size of use does not cause an increase in
traffic volumes beyond the capacity of the surrounding streets.
• The additional 14' of building height does not increase traffic volume.
d. Public utilities and services are adequate.
• The church will construct its own water and sanitary sewer facilities.
e. For each additional story over the district limitation or for each additional ten (10)
feet above the maximum allowed per district, front and side yard setback
requirements shall be increased by ten (10) percent.
• As noted in the zoning standards table above, the setbacks are well beyond
minimum requirements.
f. The construction does not limit solar access to abutting and /or neighboring
properties. A shadow study shall be required illustrating shadow encroachment
on adjoining properties.
• The shadow study shows no impact on neighboring property.
Resolution 04 -17, page 3
g. The provisions of Section 2, Subd. 2. of this Ordinance are considered and
satisfactorily met.
• This refers to the general CUP criteria discussed in finding 9.
12. Protecting the public safety is a legitimate public purpose.
NOW, THEREFORE, BE IT RESOLVED that the Lino Lakes City Council hereby
approves the conditional use permit for a church in the Rural zone and the preliminary
plat for Eagle Brook Addition, subject to the following conditions:
1. This conditional use permit approval includes the 2100 -seat worship space, but not
the additional 700 seats. The addition of more seating requires an amendment of this
conditional use permit. The review of the amendment will include, but not be limited
to, the adequacy of the wastewater treatment system and traffic impacts on the
transportation system.
2. If more than one worship service is to occur on the same day, starting times for
services shall be scheduled at least two hours apart to allow time for traffic from the
first service to disperse.
3. If weekday evening worship services are scheduled, they shall not occur prior to 7:00
pm in order to avoid conflict with the weekday peak travel period (rush hour). This
condition does not apply to small worship activities that create no traffic issue.
4. Traffic control personnel shall be employed, at the church's expense, during church
traffic generation peak periods. These personnel shall be law enforcement officers
provided by the City of Lino Lakes.
a. Officers shall be at the I -35E interchange ramps, at the 20th Ave. and Main St.
intersection, and at the two access driveways to the site. However, the number of
officers, if any, their locations, and the events that warrant them shall be the
decision of the Chief of Police, and may change from what is stated in this
condition 4, subject to the Chief's discretion.
b. During church worship services and large events, the northern driveway shall be
entry only and the south driveway shall be exit only.
5. Within 60 days, after the first worship service, the Chief of Police shall call a review
meeting of representatives from law enforcement officers providing traffic control,
the church, and the neighborhood to review traffic issues. Additional meetings shall
be held as determined by the Chief of Police.
6. Parking lot lighting and church spire lighting shall be turned off no later than two
hours after services or other events at night, but no later than 10 p.m. This does not
apply to special holiday or other special events.
7. Additional right of way shall be dedicated to Anoka County for 20th Ave. (CSAH 21),
as indicated on the plans. This shall be shown on the final plat.
Resolution 04 -17, page 4
8. A separate deed for the right of way along the exception lot (7791 20th Ave.) shall be
recorded with the final plat because this lot is not part of the plat. This deed shall be
submitted for City review as part of the final plat submittal.
9. All necessary permits shall be obtained by the applicant from Anoka County for work
in the 20th Ave. (CSAH 21) right of way.
10. Prior to the issuance of a building permit, the church must obtain written approval
from Anoka County Highway Dept. that the westbound right turn lane at the CSAH
14 /CSAH 21 intersection will function as demonstrated in the submitted traffic
analysis. The church must make any improvements to the turn lane as required by
Anoka County.
11. The church shall be responsible for the construction and cost of a right turn lane on
the northbound I -35E exit ramp at CSAH 14.
a. The church shall obtain agreement on the design of this turn lane from Anoka
County Highway Dept. and MnDOT, as necessary, and submit proof of the
agreement, prior to issuance of a building permit for the church.
b. This turn lane shall be completed prior to issuance of a certificate of occupancy
for the church.
12. Signage is governed by the City's sign ordinance and permits are required for all
signs.
13. Drainage and utility easements must be created over all ponds and wetlands. These
must include land 25' from the delineated wetland edge, as proposed on the plans.
These easements must be included on the final plat.
14. Easements must be placed over the relocated drain tile for Co. Ditch 72 and deeded to
the Rice Creek Watershed District.
15. Issues listed in the January 7, 2004 memo by the City Engineer must be resolved to
his satisfaction.
16. Stop signs shall be installed for vehicles exiting both church driveways.
17. The church shall enter into a site performance agreement prior to issuance of a
building permit.
18. The church shall enter into a maintenance agreement for the stormwater facilities
prior to issuance of a building permit.
19. A management plan for the prairie areas must be prepared and obtain approval from
the City prior to issuance of a building permit.
20. The terms and dimensions of the conservation easement in the southwest portion of
the site must be agreed to by the church and the easement holder prior to issuance of a
Resolution 04 -17, page 5
building permit. The church is responsible for submitting to the City proof of the
agreement. Access to the Conservation Easement Area shall be restricted and /or
prohibited during the nesting season of the Great Blue Herons and other significant
waterfowl. Access may be granted for observational and /or research purposes.
Access will also be permitted for maintenance and management purposes in
accordance with the approved management plan.
21. The sewer line from the building line to the wastewater treatment system tanks must
be insulated to prevent freezing.
22. A fence or other barrier shall be built to protect the wastewater treatment areas.
23. The church shall submit to the City the servicing /monitoring plan acceptable to the
City for the wastewater treatment system.
24. The church shall connect to the public sanitary sewer system within 24 months of the
public service becoming available.
25. The church shall connect to the public water system within 24 months of the public
service becoming available.
26. Street lights typical for road intersections shall be installed at the church's cost at the
end of each access driveway on CSAH 21 (20th Ave.).
27. The City has the right periodically to review the conditional use permit for
compliance with these conditions and for the protection of the public health, safety,
and welfare.
BE IT FURTHER RESOLVED that this resolution is based on the following plans and
related information:
1. Eagle Brook Church Traffic Study, Supplemental Analysis, Draft Memorandum,
Including Updates: February 2, February 23, March 5, March 15, 2004
2. Preliminary Plat, 10/10/03, rec'd12 /18/03
3. Certificate of Survey, SRF, 10/10/03
4. Site Plan, BWBR and SRF, 12/18/03, received 12/18/03
5. Grading Plan, BWBR and SRF, 12/18/03, received 12/18/03
6. Utility Plan, BWBR and SRF, 12/18/03, received 12/18/03
7. Construction Plan, SRF 12/18/03, received 12/18/03
8. Landscaping Plan, BWBR, 12/18/03, received 12/18/03
9. Tree Preservation Plan, BWBR, 12/18/03, received 12/18/03
10. Signage and Building Cross Details, 12/17/03, received 12/18/03
11. First and Second Floor Plans, BWBR, 10/13/03, corrected square footages e -mail
from Ron Laughlin, BWBR
12. Building Elevations, BWBR, 10/13/03
13. Photometric Plan, BWBR and Ericksen Ellison and Assoc., 10/14/03, received
10/15/03
Resolution 04 -17, page 6
14. Lighting Fixture cutsheets, Lithonia Lighting
15. Onsite Wastewater Treatment System Final Design Report and Specifications, Eco
Systems Engineering, Oct. 8, 2003
16. Narrative, SRF
17. Description of Fire Protection System and Electrical Generator System,
Memorandum, Ericksen Ellison and Assoc., 10/13/03
Adopted by the Lino Lakes City Council this day of , 2004.
John J. Bergeson, Mayor
ATTEST:
Ann Blair, City Clerk
Resolution 04 -17, page 7
ATTACHMENT A
City of Lino Lakes Resolution 04-17
Property Description
paste property description here and provide in electronic form to City Clerk for
preparation of recording doctmients z
Resolution 04-17, page 8
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144
MEMORANDUM
DATE: March 19, 2004
TO: City Council
FROM: Michael Grochala
RE: HERON Group Request
Conditions for CUP
March 19, 2004
City staff received the attached letter, dated March 19, 2003, today which requests
consideration of proposed conditions to the Conditional Use Permit. Staff has reviewed
this in conjunction with the proposed conditions in the staff report. Our comments are as
follows:
1. Protect and support the Blue Heron Rookery.
a. The proposed conservation easement must be legally in place before any grading
or building permit would be granted.
Comment: Condition No. 20 of Resolution No. 04 -17 requires that the
easement agreement be completed prior to the issuance of a building permit.
b. The church would prohibit any human activity within the conservation easement
during the heron nesting season, which is defined as between April 1 through
August 1 of each year. One exception: observation by County and State
naturalists may be allowed.
Comment: Condition No. 20 of Resolution No. 04 -17 requires that Access to
the Conservation Easement Area be restricted and /or prohibited during the
nesting season of the Great Blue Herons and other significant waterfowl. Access
may be granted for observational and/or research purposes. Access will also be
permitted for maintenance and management purposes.
The proposed Conservation Easement Management Plan, prepared by Eagle
Brook Church, specifies this language.
c. The church will prohibit all boats and church member activities on the lake or at
the shore, including that part outside the conservation easement, during the heron
nesting season.
J :\mgrochala\Projects\Eagle Brook13 -19 -04 Council Memo.dot
Comment: Staff does not believe this should be included because it does not
apply to all properties that abut Peltier Lake and is not reasonably related to any
standards set forth in the Zoning Ordinance
d. Sound disturbance prevention: No horn blowing from the congregate, including
weddings. No outdoor amplification from any location on the property.
Comment: Staff does not believe this is necessary or reasonable. Noise
emission from the site is subject to Section 3, Subdivision 4.J, of the Lino Lakes
Zoning Ordinance as with all properties within the City.
2. Traffic Safety
a. A right turn lane off of the Interstate 35 -east north exit ramp must be constructed
prior to the issuance of an occupancy permit for the church. The church will pay
the cost of constructing this lane.
Comment: Condition No. 11 of Resolution No. 04 -17 requires that the church
construct and pay the cost of the turn lane construction. The improvements must
be completed prior to the certificate of occupancy for the church.
b. The City will set up a review panel to make quarterly reviews of the Eagle
Brook traffic impact and conditions created by the church's events and services.
The review panel membership would consist of non - church members from the
Lino Lakes and Centennial Lakes police departments, a non - church member from
the Washington County Sheriff Department, a Heron Group representative and an
Eagle Brook representative. All safety action recommendations would be sent to
the appropriate city or county entity.
Comment: Condition No. 5 of Resolution No. 04 -17 requires that the Chief of
Police will call a review meeting after the first worship service with
representatives from law enforcement officers providing traffic control, Eagle
Brook Church and the neighborhood.
c. The Lino Lakes chief of police, or his designee, will decide when and where
traffic control officers are needed. At a minimum, any church activity which is
expected to attract more than 1250 attendees during any 30- minute period, shall
require uniformed traffic control officers at the I -35E bridge (both ends), the
intersection of County Rd 21 and CSAH 14, and the appropriate church
driveway(s). Additional uniformed traffic control officers may be required at
these or other locations, in the discretion of the chief of police.
Comment: Condition No. 4 of Resolution No. 04 -17 requires that the church
employee traffic control officers, provided by the City of Lino Lakes, at the
church's expense. The number of officers, their location and the events that
warrant them shall be the decision of the Chief of Police.
J:\mgrochala\Projects\Eagle Brook\3 -19 -04 Council Memo.dot
d. Traffic control would be designed mainly to facilitate traffic movement to or from
the church, but vehicles with other designations would be given equal priority for
travel (e.g., being waved through intersections).
Comment: Given the responsibility of the traffic control officers to manage
traffic effectively, and the inability of officers to identify Eagle. Brook patrons
from other traffic it is impossible to insure that "vehicles with other designations
would be given equal priority."
3. Land Use
a. The church will pay the usual park dedication fee required under city ordinances.
Comment: The City does not require park dedication fees from public and semi-
public uses. However, Eagle Brook Church is providing a 14 acre conservation
easement over the southwestern portion of the property.
b. The subdivided single family residence property may not be used for church
activities (offices, retreat house) unless replatted into the church lot. Traffic on
the driveway to this residence shall be limited to residential family use.
Comment: The subdivided single family lot is not included in the conditional
.use permit.
c. Use of the barn must be consistent with the other requirements for use of that lot.
Comment: The barn on the subdivided single family lot is not included in the
conditional use permit.
d. A tree removal and replacement plan must be approved by the city prior to the
granting of any grading of building permit.
Comment: A landscaping and tree preservation plan has been reviewed as
part of the Conditional Use Permit process. Such plans will be implemented as
part of the site development and subject to the review of the City Environmental
Specialist.
e. A non - government prairie specialist would be designated as a community liaison
to oversee the success of the proposed establishment of native prairie.
Comment: Condition No. 19 of Resolution No. 04 -17 requires that a
management plan for the prairie areas must be prepared and obtain approval
from the City prior to issuance of a building permit.
Monitoring the establishment of the native prairie is conducted by the City's
Environmental Specialist.
f. The church will take all reasonable measures to manage dust and noxious weed
propagation from the site to other areas of the neighborhood.
J:\mgrochala\ProjectsTagle Brook\3 -19 -04 Council Memo.dot
Comment: Dust and noxious weed propagation are subject to the
requirements of the zoning ordinance and City Code respectively.
g. The prairie specialist would monitor sediment drainage to the lake, which must be
minimized Use of the lake for irrigation water would be overseen (or barred) by
this entity.
Comment: The stormwater conveyance system is subject to periodic
inspection by the City Engineer.
Use of the Lake for irrigation purposes would be subject to Minnesota
Department of Natural Resources (Mn/DNR) permits and regulations.
h. The Church may not advertise to the general public their bookstore, coffee shop,
and revenue - generating facilitates. These amenities should be for church
members only.
Comment: Retail sales and services for general public consumption are not
an allowed use under this permit or within the Rural Zoning District.
4. Lighting
a. All lights, whether on signs, on the church spire, street lights, or otherwise, must
be turned off by 11:00 p.m. each night, unless a brief extension of time is
necessary as a church activity ends.
Comment : Condition No. 6 of Resolution No. 04 -17 addresses these concerns.
Illuminated signage is not permitted in Rural Zoning Districts as set forth in the
Sign Ordinance.
b. Landscaping will be installed and maintained by the church to protect the
residences nearest the church (currently known as the Rehbein and Marier
properties) from car lights, other lights or reflected light, and church traffic.
Comment: Staff will review the landscaping plan and work with the Church to
minimize any impacts from car lights etc., on the specified properties.
J :\mgrochala\Projects\Eagle Brook\3 -19 -04 Council Memo.dot
March 19, 2003
Dear Mayor and Members of the City Council:
The HERON Group still hopes that you will turn down the request for a
conditional use permit for Eagle Brook Church North Campus, since it is too large,
too intense, and will generate too much traffic for the roads to handle. We also
realize that you might grant the conditional use permit. In the event that you do
decide to grant it, we would appreciate your including additional conditions that
further define the permitted activities and protect the herons. We have drafted
these below.
1. Protect and support the Blue Heron Rookery.
a. The proposed conservation easement must be legally in place before any
grading or building permit would be granted.
b. The church would prohibit any human activity within the conservation
easement during the heron nesting season, which is defined as between April
1 through August 1 of each year. One exception: observation by County
and State naturalists may be allowed.
c. The church will prohibit all boats and church member activities on the lake
or at the shore, including that part outside the conservation easement, during
the heron nesting season.
d. Sound disturbance prevention: No horn blowing from the congregate,
including weddings. No outdoor amplification from any location on the
property.
2. Traffic Safety
a. A right turn lane off of the Interstate 35 -east north exit ramp must be
constructed prior to the issuance of an occupancy permit for the church. The
church will pay the cost of constructing this lane.
b. The City will set up a review panel to make quarterly reviews of the Eagle
Brook traffic impact and conditions created by the church's events and
services. The . review panel membership would consist of non - church
members from the Lino Lakes and Centennial Lakes police departments, a
non- church member from the Washington County Sheriff Department, a
Heron Group representative and an Eagle Brook representative. All safety
action recommendations would be sent to the appropriate city or county
entity.
c. The Lino Lakes chief of police, or his designee, will decide when and where
traffic control officers are needed. At a minimum, any church activity which
is expected to attract more than 1250 attendees during any 30- minute period,
shall require uniformed traffic control officers at the I -35E bridge (both
ends), the intersection of County Rd 21 and CSAH 14, and the appropriate
church driveway(s). Additional uniformed traffic control officers may be
required at these or other locations, in the discretion of the chief of police.
d. Traffic control would be designed mainly to facilitate traffic movement to or
from the church, but vehicles with other designations would be given equal
priority for travel (e.g., being waved through intersections).
3. Land Use
a. The church will pay the usual park dedication fee required under city
ordinances.
b. The subdivided single family residence property may not be used for church
activities (offices, retreat house) unless replatted into the church lot. Traffic
on the driveway to this residence shall be limited to residential family use.
c. Use of the barn must be consistent with the other requirements for use of
that lot.
d. A tree removal and replacement plan must be approved by the city prior to
the granting of any grading of building permit.
e. A non - government prairie specialist would be designated as a community
liaison to oversee the success of the proposed establishment of native prairie.
f. The church will take all reasonable measures to manage dust and noxious
weed propagation from the site to other areas of the neighborhood.
g. The prairie specialist would monitor sediment drainage to the lake, which
must be minimized. Use of the lake for irrigation water would be overseen
(or barred) by this entity.
h. The Church may not advertise to the general public their bookstore, coffee
shop, and revenue - generating facilitates. These amenities should be for
church members only.
4. .Lighting
a. All lights, whether on signs, on the church spire, street lights, or otherwise,
must be turned off by 11:00 p.m. each night, unless a brief extension of time
is necessary as a church activity ends.
b. Landscaping will be installed and maintained by the church to protect the
residences nearest the church (currently known as the Rehbein and Marier
properties) from car lights, other lights or reflected light, and church traffic.
iyu.,,7�r LP JC
LAW OFFICES OF
William G. Hawkins and Associates
WILLIAM G. HAwnsrs
Legal Assistant:
TAMMI 1. UvEGes
BARRY A. SLTLLIVAN HOLLY G. PROVO
March 19, 2004
Jeff Smyser
Planning Director
Lino Lakes City Hall
600 Town Center Parkway
Lino Lakes, MN 55014
2140 PouRr1. AVENUE Nom
ANOKA, MjNNE OTA 55303
PHONE (763) 427 -8877
FAX (763) 421 -4213
E-MAIL HawkLaw1@aol.com
Re: Eagle Brook Church CUP Application
Dear Jeff:
You have requested a written response from this office to the letter dated February 4,
2004 from the Marty law firm in the above- referenced matter.
First, I would like to summarize for you the standards of law which are applicable to
conditional use permit application decisions by a municipality. A decision to approve
or deny a CUP application is subject to the "rational basis" test. Cities have wide
discretion in CUP cases; the question becomes whether the decision had a reasonable
basis or whether the city acted unreasonably, arbitrarily, or capriciously. Zylka v. City
of Crystal, 167 N. W 2d 45 (Minn. 1969); Swanson v. City of Bloomington, 421
M. W.2d 307 (Minn. 1988); Barton Contracting Co. v. City of Afton, 268 N W 2d 712
(Minn. 1978). Is there a factual basis for the Council's decision that is legally
sufficient? If not, the decision will be viewed as arbitrary. Trisko v. City of Waite
Park, 566 N. W.2d 349 (Minn. Ct. App. 1997). The Council should state the reasons
for its decision contemporaneously and in more than lust a conclusary fashion. Zylka,
supra; Earth Burners, Inc. v. County of Carlton, 504 N, W. 2d 66 (Minn. Ct. App.
19931. A tack of stated reasons leads to a presumption of arbitrariness. Zylka, supra;
Communications Properties, Inc. v. County of Steele, 506 N.W.2d 670 (Minn. Ct
App. 1993); f?.A. Putnam & Associates, Inc. v. City of Mendota Heights, 510 N.W.2d
264 (Minn. Ct. App. 1994).
A CUP is different from a variance. A CUP permits property, within the broad
discretion of the City Council, to be used in the manner expressly authorized by the
IILI . J•"/I lYUJ
Mr. Jeff Smyser
March 19, 2004
Paget
zoning ordinance while a variance permits property to be used in a manner that is
prohibited by ordinance by varying the terms of the ordinance. Barton Contracting,
supra. A decision to approve or deny a CLIP application must be based upon the
standards set forth in the zoning ordinance, Corwine v. Crow Wing County, 244
N.W.2d 42 (Minn. 1976). Implicit in a decision to approve a CUP is a finding that all
requirements for the CUP have been satisfied, Corwine, supra; Barton, supra;
Interstate Power Co. v. Nobles County, 617 N. W 2d 566 (Minn. 2000). To deny a
CUP application, there must be a finding that the CUP does not satisfy one or more of
the standards set forth in the ordinance and that issuance of the CUP would be an
abuse of discretion. Corwine, supra; Schwartz, supra.
A finding by the Council that the CUP application violates any one of the standards set
forth in the ordinance is sufficient to deny the application. However, a denial should
identify all of the standards (with factual support) that the Council finds to be violated.
Here is why, for exarnple. If the Council determines to deny a CUP because it violates
standard number 1, then implicit in that finding is that the CUP satisfies the remaining
standards. Should the denial then be reviewed by the Courts and the Courts conclude
that standard number 1 was not violated, then the CUP is automatically granted
because, again, implicit in the decision by the City Council is the conclusion that the
CUP application satisfied the other standards. If the Council determines to deny the
CUP because it fails to satisfy standards 1, 2 and 3, again for example, then the denial
would be upheld if only one of the standards violations were deemed justified, See
Interstate Power Co., supra, citing Earth Burners, Inc. v. County of Carlton, 513
MW.2d 460 (Minn. 1994).
The cases make clear that Courts apply a more deferential standard of review to CUP
approvals than to CUP denials. Schwartz, supra; Interstate Power Co., supra; and
Corwine,. supra. See, also, Minnetonka Congregation of Jehovah's Witnesses v.
Scree, 220 N.W2d 306 (Minn. 1975). ( "...since zoning laws are a restriction on the
use of private property...there is a heavier burden required on the part of those who
challenge the approval of a conditional use permit, as compared to the degree of proof
required of a landowner whose application is denied°) (emphasis in original).
A couple of other points from the Marty letter should be addressed. First, if the
Council determines to approve the CUP, then as I said, implicit in that
determination Is 'a finding that the standards set forth in the ordinance have been
satisfied. Consequently, it is not necessary to amend the comprehensive plan.
IYU..J4!
Mr. Jeff Smyser
March 19, 2004
Page 3
Second, there are several points referenced in the Marty letter urging a denial of
the CUP because the proposed applicant as a church would be exempt from real
estate taxes. In my opinion, this factor cannot be the basis for a CUP denial. It
must be remembered that churches are already an approved conditional use in this
zoning district. In Minnetonka Congregation of Jehovah's Witnesses, the
Minnetonka City Council determined to deny a conditional use permit to a church.
One of its findings was that "this type of development would be inconsistent with
the surrounding R -1 land use." 226 N. W. 2d at 309. In that case, churches were
a conditional use in the R -1 district. The Minnesota Supreme Court summarily
rejected this basis for the denial stating: "Suffice it to say that the controlling
ordinance specifically provides for churches." Id. Churches are an approved use
and to deny a church a CUP because it is a church would be of dubious legal
quality. See, e.g. Diocese of Rochester v. Planning Board, 136 N.E.2d 827 (N. Y.
Ct. App. 1956) ( "No municipal corporation can justly refuse a permit to build a
church only because a property will no longer be subject to taxation ").
The .law is clear that where the zoning ordinance expressly authorizes a proposed
use of property by conditional use permit, a denial of a CUP application "must be
for reasons relating to public health, safety, and general welfare." Scott County
Lumber Co. v. City of Shakopee, 417 N. W.2d 726 -27 (Minn, Ct. App. 1988); Hay
v. Township of Grow, 206 N.W2d 19 (Minn. 1973) With respect to the issue of
traffic concerns as a basis for CUP or zoning denial, the cases recognize that all
development will cause heavier vehicular traffic. The question is: How much is
too much? In Jehovah's Witnesses, the Supreme Court observed: it is self -
evident that any church will cause heavier vehicular traffic, but for that matter, so
would residential construction. However, that is far from the creation of a traffic
hazard." 226 N. W. 2d at 309. See, e.g., Yang v. County of Carver, 660 N. W.2d
828 (Minn. Ct. App. 2003) (evidence "insufficiently concrete to substantiate a
finding that the proposed use would create excess traffic ").
A final issue which should be discussed is the factor of neighborhood or
community opposition to a CUP application. While this is certainly appropriate,
under the law, community opposition, by itself, is not a legally sufficient reason for
denying a CUP, Barton Contracting, supra, citing, Jehovah's Witnesses, supra,
and Twin City Red Barn, Inc. v. City of St. Paul, 192 N. W. 2d 189 (Minn. 1971).
As I said before, a denial of a CUP must have an adequate factual basis that is
legally sufficient. Trisko v. City of Waite Park, 566 N. W.2d 349 (Minn. Ct. App.
1997) t "A municipality must base the denial of a conditional use permit on a
IYU. �4( AJOU0
Mr. Jeff Smyser
March 19, 2004
Page 4
something more concrete than neighborhood opposition and expression of concern .
for public safety.")
By this Letter, I do not intend to advocate for one side or another in this CUP
application nor to suggest that as a matter of law, the Council must approve or
must not approve the application. The Intent is to summarize the Caw applicable to
CUP applications and thereby perhaps provide an analytical framework. The
decision by the City Council should be based upon the record developed to this
point and upon the evidence and argument submitted to the Council at its meeting.
That evidence should be analyzed against the standards set forth in the ordinance.
The determination should be reflected by contemporaneous findings of fact
supported in the record. A determination to approve the CUP application implies
that the application has satisfied all the standards in the ordinance. A
determination to deny the CUP should identify each of the standards that is not
satisfied and state the factual basis therefore.
I trust this answers the questions which you have raised. If you wish to discuss
this matter further, please feel free to call:
erely,
an
BAS /tj
cc: Gordon Heitke
•
Mayor and Council
City of Lino Lakes
600 Town Center Parkway
Lino Lakes, MN 55014
Subject: Construction Noise Level Information
Dear Mayor and Councilmembers,
The attached material contains noise level information related to construction activities requested by
Councilmember Carlson. Specifically requested was noise level data for a jackhammer on 35W and a
pneumatic drill that will be used to install the well at the Eagle Brook Church site. Noise level predictions
were also calculated for the distances equal to those from Peltier Island to the previously mentioned
locations:
EBC is pleased to share some very positive research results. The findings show that sounds produced
from a jackhammer on 35W, pneumatic drill at the EBC well location, lawn mower at nearby residences,
and highway noise from 35W would all be similar in their noise strength perceived at Peltier Island. The
noise perceived at Peltier Island for these items would be slightly more than that of a soft whisper at 15
feet, but less than the sounds of light auto traffic at 100 feet. As a comparison, normal speech well
exceeds this noise level range.
Equipment
Sound Level
(dB)
Distance
from source
to Island
Change
with
Distance
Noise
prediction at
Peltier Island
Source of noise data
Jackhammer
75 @ 50 ft
2,300 ft @
35W
-33
42
Special Report: Highway
Construction Noise;
Measurement, Prediction, and
Mitigation, FWHA
Pneumatic Tool
80 @ 50 ft
3,600 ft@
EBC site
-37
43
Special Report: Highway
Construction Noise:
Measurement, Prediction, and
Mitigation, FWHA
Power Mower
95 @ 5ft
2,000 ft
-52
43 •
Sound Levels and Human
Response, Office of Planning and
Management, US EPA, 1973, and
MMWR, March 1986, 185
Highway Noise
70 @ 50 ft
2,300 ft @
35W
-33
37 _
_
p.
Sound Levels and Human
Response, Office of Planning and
Management, US EPA, 1973, and
MMWR, March 1986, p. 185
Noise level information was taken from the Federal Highway Administration's Special Report because it
was likely to have the most up to date information regarding construction equipment. Other noise levels
were taken from the U.S. EPA. The noise level predictions are based on distance only. Variables such as
wind direction, humidity, topography and natural barriers have an effect on noise attenuation also.
It should also be noted that a 1996 study titled Buffer Zones and Disturbance Types as Predictors of
Fledging Success in Great Blue Herons, by Becky A. Calson and E. Bruce McLean, stated "Compared to
disturbance from foot traffic, herons demonstrated greater tolerance for routine or occasional mechanical
disturbance (e.g. low flying airplanes, farm machinery, trains and automobile traffic), even when such
events were accompanied by loud noises." However, Eagle Brook Church is committed to the
preservation of the Heron Rookery and is willing to delay the installation of the well until after July 1,
2004.
Please feel free to contact me if you have any questions or would like additional information.
Sincerely,
Barbara Bauman
EBC Environmental Stewardship Committee
651 - 429 -7268
1
Sound Levels and Human Response
rch 1986, p. 185
9 973; and MMWR,
*Noise level information was taken from the Federal Highway Administration's Special Report because it was likely to
have the most up to date information regarding construction equipment.
Source
Noise Level (dBA)
Response
Carrier deck, jet operation
140
Painfully loud
Live rock music
130
Limits amplified speech
Jet takeoff (200 ft)
120
Maximum vocal effort
Discotheque
115
Rock band (1 Oft)
115
Car horn (aft)
110
Riveting Machine
110
Jet take off (2000 ft)
110
Garbage truck, snowmobile
100
Power Lawn Mower (operator)
95
New York subway station
90
Very annoying
Heavy truck (50 ft)
90
Hearing damage (8 hours)
Food blender
90
Pneumatic drill (50ft)
85*
Diesel truck, 40 mph (50ft)
85
Dishwasher
80
Alarm clock
80
Annoying
Garbage collection
80
Freeway traffic (50ft)
70
Telephone use difficult
Vacuum cleaner
70
Normal speech
60
Air conditioning unit (20ft)
60
Intrusive
Light auto traffic (100 ft)
50
Quiet
Living Room
40
Soft whisper (15ft)
30
Very Quiet
Breathing
10
Just audible
Source: Sound Levels and Human Response, Office of Planning and Mana ement US EPA 1
rch 1986, p. 185
9 973; and MMWR,
*Noise level information was taken from the Federal Highway Administration's Special Report because it was likely to
have the most up to date information regarding construction equipment.
Tay
•
DRAFT
EAGLE BROOK CHURCH . .
CONSERVATION EASEMENT MANAGEMENT PLAN
:INTRODUCTION
Purpose of Management Plan'
Eagle Brook Conservation Easement Area Management Goals`';
LANDSCAPE DESCRIPTION. AND HISTORY
Presettlement History and. Major Landscape Features
Site Inventory
NAGEMENT PLA
Management Goals
Phase I — Restoration and Establishment (Years 1-10)
Native Wet Prairie Establishment
Invasive Species
Prescribed Burning
Maintenance of Lowland Hardwood Forest
Recreational and Educational Opportunities
Habitat Enhancement for. Wildlife
'Phase II Maintenance
onnectivity. to Other Natural Areas
Community Involvement.
erial .Photos .of the .Conservation Easement Area:
DRAFT Eagle Brook Conservation Area Management Plan
3/17/2004.
INTRODUCTION
This report presents the Restoration and Maintenance Management Plan for the Eagle Brook Church Conservation
Easement within the City of. Lino Lakes. The site is located west of County State Aid Highway (CSAH) 21, 11/4 mile
north of CSAH 14, on the eastern shore of Peltier Lake. The conservation easement totals approximately 14 acres
and is held by the Rice Creek Watershed District. The forested wetland portion of this area totals approximately 9.5
acres, with the remaining 4.5 acres consisting of the farm .field to the south of the wetland
The inventory for this report used existing information from the City of Lino Lakes Greenways Project as well as
additional site visits in August and October 2003. The inventory documents existing plant species within the
conservation area. The inventory was used to identify any existing natural communities outlined in the Minnesota
DNR'sNatural Heritage Program.
This area of Lino Lakes has undergone drastic changes over the last 100 years. Historically, this area was wet prairie
then ditched and :farmed up until the present day. Today, residential, commercial and industrial development is
moving rapidly up from the south end of Lino, Lakes and from Hugo to the east.. The Eagle Brook Conservation`
Easement area will provide a buffer to Peltier Lake and preserve and restore Iwo important ecological systems
This Plan describes the natural resource management activities for the Eagle Brook Conservation Easement and is
designed to improve ecological quality of the site. Successful restoration of the farm field area will require a variety
of people to be involved. These include Anoka County Parks, the City of Lino Lakes, the Anoka Conservation District,
Rice Creek Watershed District, members of Eagle Brook Church, and area .residents
PURPOSE OF MANAGEMENT PLAN
The Rice Creek Watershed District requires that a management: plan accompany any conservation easement they co
hold This report provides a framework for management practices required to maintain and sustain natural resources
enrolled in the conservation easement This report will also describe the past and existing condition of the resource
and its place in the larger landscape
EAGLE BROOK CONSERVATION AREA. MANAGEMENT GOALS
This plan shall serve as a guide for the long and short-term management of the Eagle Brook Conservation Easement
area Natural resources will be managed to ensure sustainability of the resource while maintaining the ecological •
integrity of the site
This plan also provides a framework for managing the land for the greater community. It maintains high quality
natural resources that perform ecological functions for the natural community and performs cultural functions for the
human community. It. is .important that this. document serve. as a guide to the many generations of stewards responsible
for the sustainable management of this land. It is the goal of this plan to maintain an informed stewardship that •
continues to practice sound scientific natural resource management in perpetuity.
•
` Management of the lowland hardwood forest area to maintain the composition, structure and function of the
community.
'Management of the field area to restore composition, structure and function of a mesic prairie community
while: encouraging a buffer of wet meadow shrub subtype (red osier dogwood and willow) in a zone • between the prairie and the cattails.
Maintain native species composition within conservation area by using resource management techniques that
promote the vitality of natives and dissuade the presence of nonnative species.
Management of the field area in order to maintain the site for the herons and egrets to gather sticks and
other nesting materials and to preserve habitat for native animals and indigenous plant species.
DRAFT Eagle Brook Conservation Area Management Plan
3/17/2004
Riparian areas are to be maintained as native vegetation that minimizes erosion and sedimentation of the
wetland areas
As development occurs in the upland area of the Eagle Brook Church property, establish buffers for the
conservation area, which will reduce erosion and sedimentations while providing transitional. habitat.
All areas of the conservation easement are to be managed to control the invasion of exotic species.
Use of the area is permitted for maintenance and recreation purposes as long as such activities do not
interfere with the ecological quality of the site, particularly the stick gathering activities of, the herons and
egrets from April to June
• Provide educational opportunities for members of Eagle Brook Church and the residents of Lino Lakes that
are compatible with sustaining natural community function and integrity of the conservation easement area
LANDSCAPE DESCRIPTION AND HISTORY
The natural resources of the Eagle Brook Conservation area are a result of historical processes, including climate,
hydrology, plant and animal migration and interactions, and more recently human decisions and activities. This section
describes the various historical processes and interactions that played a part in the determining the natural
composition of this area today.
Pre - Settlement History and Major Landscape. Features ,.
Glacial landscapes'`
e topography of Eagle Brook Conservation Area was formed' by the last period of gladation, which ended about
10,000 years ago. The glaciers carved out the landscape of the area leaving behind large deposits of drift/till and
outwash (sand, gravel and silt). The major landform in this area is the St. Croix Moraine Complex that was created
by the receding glacial lobes and glacial meltwater, which greatly influenced the major pattern of vegetation of this
area
The St. Croix Moraine Complex is a broad band of rolling to rugged hills extending from St Paul northward through
southeast corner of Anoka County into Washington. County and Wisconsin. The moraine was formed by the Superior
Lobe that scoured rock from the Lake Superior basin bringing south deposits of gravel, sand and silt.. The effect of
weather and agriculture on this glacial outwash material creates coarse, droughty and relatively infertile soil
(VVovdia, et al. 1995)
Post- glacial Vegetation
After the glaciers melted spruce trees and tundra plants grew up around the glacial margins and buried ice blocks, ?.
which melted to become lakes. With climatic changes, the plant communities became more diverse with the
appearance of paper birch, aspen, black ash, tamarack, fir and alder. As the temperature: continued to rise and the
spruce forests were replaced with pine forests and finally.mesic (wetland) forests and wet prairies dominated the
area, which are characteristic of the vegetation found today in the Lino Lakes area...
Government Land Office Surveyor Notes .'
In 1847, Centeville township was surveyed by the Government Land Office.(GLO). To establish section corners and
half section lines crews would mark up to four trees at those points. The species and diameter of each of these trees .•
were recorded in the surveyors' notes. The section corner directly south of the Eagle Brook Conservation easement
area noted large Basswood trees. (Wovcha, et al. 1995).
DRAFT Eagle Brook Conservation Area Management Plan:
3/17/2004 .
Native Americans
The lakes and marshes of Lino Lakes have attracted humans for mud of the time since the glaciers melted. Evidence .~r^
of Paleo Indians has been found around Howard Lake, north of the Lake Peltier. Later, Archaic Indians occupied This •
area, as suggested by numerous Ardiiac Indian tools (Harrison 1978).
In the late 1600's, when the French explorers Father Louis Hennepin and Nicholas Perrot traveled through east - central
Minnesota, they alluded to Dakota Indians residing in the Centerville Takes area. Perrot (1867) observed that the
area provided a haven for the Dakota, as it was "nothing but lakes and marshes, full of wild rice" and was situated
off the main travel routes. of the Mississippi, Rum and St. Croix rivers and was therefore relatively inaccessible to the
Ojibwe, with whom the Dakota were at war (Harrison. 1978). Some sites in the area, such as c� small knoll at the south
end of Peltier Lake, appear to have been inhabited by American Indians for much of the historic and prehistoric
periods (Wovcha, et al. 1995), '.
When EurO American:settlers began moving into the area in the 1840's and 1850's, they found a landscape with
"intensive marshes ..: singularly interspersed with islands of various sizes covered with several kinds of timber and
small areas of dry land "rising abruptly above the level of the marsh and thereby covered with short grass and
sparse Jack Oaks trees" or "thickly covered with brush of small growth" (U.S. Surveyor General 1847- 1908). The
grassy upland knolls may have been American Indian campsites, burned frequently to keep them open and free of
brush (Wovcha, et aL 1995)
The settlers also found the area abounding in wildlife and gave accounts of excellent deer and waterfowl hunting in
the 1800's (Dobbs et al. 1990, Goodrich. 1.905). Historian Albert Goodrich (1905) describes the waterfowl and wild
rice present in the area during the early .years of settlement
Not many years ago, these lakes were frequented by thousands of wild ducks and geese Howard
Lake and several of the Centerville lakes are very shallow and the rice grows in them to such an
extent that in the late summer, the water is entirely obscured and they, look like green meadows. The
waterfowl feed upon the rice and late in the fall, when the stalks have bent over and fallen beneath
the surface of the water, they dive after the rice, refusing to leave this feeding ground until the last
•
open space has been frozen across
Residents of the area have recounted stories of canning a hundred pints of duck meat after a day's hunting In the
1800's residents also picked high -bush and low -bush cranberries around the lakes and netted .. fish beneath the ice in
the winter when the shallow lakes froze to the bottom except near springs and flowing water, where fish
concentrated (Dobbs et al: 1990):
The wild rice, waterfowl, deer and forests around the lakes all began to decline soon after Euro-American settlement.
The wild rice beds disappeared rapidly around 1900 . when the lakes became muddied, either by agriculture or the
introduction of carp, (Dobbs et al. 1990). Ducks and geese became less abundant as the wild rice diminished.' Deer
were hunted intensely for market and perhaps also for home consumption by settlers and became less common in the
late .1800s and early 1900s (Goodrich 1905). A charcoal factory in Centerville placed such a demand on the .
surrounding oak forests that by the 1900s oak trees had been depleted from much of the area and had to be
brought in from as far as the St. Croix River Valley and Wisconsin (Dobbs et al. 1990). Much of the remaining upland
vegetation in the area was cleared for cropland by the early decades of the 20th century; drainage ditches: were
constructed through the marshes
At present,. game`animais such as ducks, geese, and white- talled deer are again common in the area, but little native
vegetation remains. A few isolated patches of oak forest are all that is left of the native upland vegetation. Some .
fairly large marshes and swamps remain around the lakes, but they generally lack many of the native plant species
characteristics of wetlands in areas undisturbed by agriculture or drainage ditches. Instead, the present marshes and contain almost exclusively common species such as cattails and specked alders or have been invaded by
aggressive species such as reed canary grass (YNovdw, et aL ..1995)
Environment Today
DRAFT Eagle Brook Conservation Area Management Plan,
3/.17/2004:
Over the course of the last 100 years, this area has been farmed. The eastern shoreline of Peltier Lake is primarily
single family residential with the exception of northern end of the lake. Some of the agricultural land has been
converted to housing developments in the upland areas, specifically on 77'. Street and Rehbein Street
;Other significant natural features included the Anoka County. Rice Creek Chain -of -Lakes Regional Park Reserve and
Peltier Island. The Anoka County Chain of Lakes Regional Park is located adjacent to the conservation easement area .;:.
and continues north of. Peltier Lake. This large band of lakes and wetlands offers a contiguous; natural: corridor for the
conservation and preservation of species native to this area
Also of interest is the remnant pre - settlement vegetation remaining on the island in Peltier Lake just west of The
easement area. This stand of good quality maple basswood forest is, part of the Rice Creek Chain -of -Lakes Regional
Park Reserve owned and managed by Anoka County Parks.. The island is noteworthy for the presence of a nesting
colony of Great Blue Herons and Great: Egrets, a bald eagle breeding territory and a variety of nesting songbirds.'::
A review of the records of the Colonial Waterbird Database maintained by the MN Department of Natural
Resources indicates that the first reports of heron nesting activity on Peltier Island was the observation of 12 Great Heron nests in 1989.
In Morch 1993, the first comprehensive ground count of nests was conducted by DNR volunteers Matt and Angie
Maida. The count recorded 600 + 50 nests. All these nests were presumed to be Great Blue Heron nests as Great
Egrets were first observed nesting at this site in May.1993
The substantial increase in the size of the Peltier island colony from 1989 Through 1993 was coincident with the 1992
abandonment of the heron rookery at, Rice Lake (situated 5.6 km to the southeast and the gradual demise (1988
through 1993) of the mixed species Howard Lake rookery situated 8.8 km to the north. It is believed that the Peltier heron colony formed from the birds that relocated to the island . as the other two colony sites were abandoned
due to wind damage and human disturbance at these upland sites. (fide J. Galli, MN. .DNR)
In the spring of 1999, Mr. Art Hawkins was employed by The DNR to monitor the nesting activity of the birds at the
Peltier Island colony. He first noted that the herons and egrets nesting at. Peltier Island were traveling to The
abandoned farm field in the conservation easement to gather nesting material.' Subsequently, Anoka County Parks
has provided supplemental nesting material at the field each spring. This field is very :important because it Is so close
to the heron colony making it easy for The birds to collect nesting materials within flying great distances. (fide J. Galli
MN DNR)
SITE INVENTORY
The Anoka Conservation District inventoried the area contained within the Eagle Brook Conservation Easement in
2001 as part of a citywide land cover inventory using. the Minnesota Land Cover Classification System. A more
detailed site inventory still needs to be conducted. The existence of pre - settlement natural communities will needs to
be determined. Remnants of the wet meadow community and /or maple- basswood community may still be found in
the conservation easement area..,: <.
An initial site inventory was conducted in October 2003. The lowland hardwood forest contains primarily Block Ash,
Aspen and Priddy Alder. Species found in the understory still need to be documented. There is a cattail marsh located
on the south side of the forested wetland. Patches of reed canary grass were noted on the north and south side of -this
marsh area. : ,
The field area is composed of winter rye and weeds such as thistle- Over the past five years, the field has been
planted with winter rye in effort to control noxious weeds and to provide an area for Great Blue Herons to collect
nesting material.
DRAFT Eagle Brook Conservation Area Management Plan
3/17/2004;
NAGEMENT PLAN
Management Goals
•
Management of the lowland hardwood forest area to, maintain the composition, structure and function of the
community.
Management of the field area to restore composition, structure and function of a mesic prairie: community
while encouraging a buffer of wet meadow shrub subtype (red osier dogwood and willow) in a zone
between the prairie and the cattails
Maintain native species composition within conservation area by using resource management techniques that
promote the vitality of natives and dissuade the presence of nonnative species. •
Management of the field area in order to maintain the site for the herons and egrets to gather sticks and
other nesting materials and to preserve habitat for native animals and indigenous plant species
Riparian areas are to be maintained as native vegetation that minimizes erosion and sedimentation of the,::
As development occurs in the upland area of the Eagle Brook Church property, establish buffers for the
conservation area, which will reduce erosion and sedimentations while providing transitional habitat.
areas of the conservation easement are to be managed to control th species
e invasion of. exotic
Use of the area. is permitted for maintenance and recreation purposes`as long as such activities.do not:
interfere with the ecological quality of. the site, particularly the stick gathering activities of the herons and •
egrets: from April to June
• Provide educational opportunities for members of Eagle Brook Church and the residents of Lino Lakes that
are compatible with sustaining natural community function and integrity of the, conservation easement area
Phase I Restoration and Establishment: Years 1-10
Native Wet Prairie Establishment..'-
This phase of the restoration process is focused restoring the field area, from an agricultural field to a native mesic
prairie. Predominantly composed of hydric soils, the field area has been cropped for the last 100 years. Over the
past five years, the field has been planted with winter rye in effort to control noxious weeds and to provide an area
for Great Blue Herons to collect nesting material. By planting native plants and forbs, this cropped field will take on characteristics of a native wet prairie once common in this. area. It is expected that this process will take up to
three years for the prairie to be established
The restoration process for this portion of the conservation area should begin after the nesting period of the Great
Blue Herons and other colonial waterfowl (Fall 2004). The first step in the restoration process is the will the removal
of non- native species by tilling and /or applying herbicides to the field area. Herbicides. will applied according to
manufactures instruction. After two weeks, the field checked for the occurrence of weeds and possibly disked
followed by another round of herbicides, if necessary.
Once the weeds are under control, the field will be disked to prepare the soil for seeding Native prairie seed will
be planted on the site. Mixtures have been selected that are ideal for moist to wet areas such as the fringe around
ponds and wetlands and Include grasses, sedges and rushes, and wildflowers.: Additional species may be added to
the various seed mixtures to ensure better.. weed control and representation of plcints typically found in this area. (See
Appendix A for plant fists). Eagle Brook Church will also be working with the City of Lino Lakes to ensure the seed mix
is consistent with. the City''s guidelines. Mesic prairie plants often grow 36 -72 inches in height
•
DRAFT Eagle Brook Conservation Area Management Plan.
3/17/2004
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•
• • • • • • t •
Because the field area has some topography, with the highest elevation being on the east end of the field, gently
rolling westward to the lake, three different prairie seed mixtures will be to be applied to the site An upland mix
(MDOT 5B) will be used on the eastern end of the field; a wetland /woodland edge mix (MDOT 26B) on at the edge
- , of the wooded wetland area and the northwestern portion of the field; and a standard wet prairie mix for the
remouning portion of the field (see Figure x). Again, these mixes may be adjusted to reflect the native prairie -
composition desired by the City of Lino Lakes. The red osier dogwood and willow shrubs in this wet meadow are an
important source of nesting material when the stems are cut and left for the birds. Site restoration activities should
hand
species nce The seed begins to germinate any remaining weeds may be spot treated or pulled by
Reed canary grass was found in the northwestern portion of the field and on the northeast side of the marsh. In
coniunction with the restoration effort on the primary field area, these two areas should be prepared by tilling prior • •
to the herbicide application. Due to the tenacious nature of reed canary grass every effort should be made to -
- . eliminate this invasive species before planting native seed.:
Table .1 Initial Restoration Timeline - -
Spray initial round of herbicide
Disk under remain plants in field
Apply additional herbicide if. necessary
Plant Seed
APPROXIMATE BEGIN DATE
Late August
Early September .
Spot weed control - ,
TBD
save Species
During the first 3 years after the initial native grass planting management will focus on maintaining the grasses and
forbs planted within the prairie restoration. This will include timely mowing of undesirable species reducing their
viability and reproduction capabilities. Target species during this period include Canada thistle, proso millet, reed
canary grass, ragweed, blue grass and nettles. Use of the site will be more restrictive due to the sutes vulnerabulu '
nonnative species. Areas where seed has not established should be reseeded as needed
,•,, Wetiond restoration is to include the removal of invasive species from the Wetland and surrounding wetland •
boundary. Reed canary grass was identified on the margins of the cattail marsh. The reed canary grass prohibits a
diversity of wetland plants and has minimal habitat value for flora and fauna alike. Replacing these areas with
native vegetation will improve wetland habitat and reduce local seed source of nonnative species threotening the
restored upland area
Prescribed burns on native prairies will improve flowering, Seed production. and germination of Mott plants and
-..recycles mrtrients, The site should be burned tWice . in the first 10 years after installation, with the first burn Occurring in
It Is recommended that additional speaes be added after the site has been burned for the first time
• • ' • • • • •' • .• • • •' .• •.„ . • • • .• ; • •. • • . • . • ... • •• . • -• ..•
. • • ,
DRAFT Eagle Brook Conservation Area Management Plan
3/17/2004
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7
Because of the hydric nature of the soils found in the conservation easement area, burning may only be feasible
during dry years. The frequency of prescribed burns may be more or Tess depending on community conditions and
may alternate between spring and fall fires: Portions of the field may have to be periodically mowed to provide a
base for driving vehicles on that are used in the burn process.
Maintenance of Lowland Hardwood Forest Area
To ensure and maintain normal functioning of this established lowland hardwood forest, nonnative shrubs and invasive
plant species must be controlled. Tartarian honeysuckle and European buckthorn must be controlled to the greatest`
extent- possible. In areas where nonnatives occur in thick patches, cutting the smallest shrubs and trees first allows for
easier handling of larger trees as they are removed later. If The shrub /trees are found in thick patches, this material
should be piled and burned as described below. The control of problem trees and shrubs should be accomplished
before any burning is conducted.>
Recreational and Educational :Opportunities
Members of Eagle Brook Church and residents of Lino Lakes, at the discretion of the Church, may use the Eagle Brook
Conservation Easement area for recreational and educational opportunities. Currently, there, is a path that runs
Through the lowland forest ending at the west end of the field near the shoreline. This path may be maintained; by the
Church to allow for recreational and educational opportunities. Due to the ecological significance of this area
particularly to the colonial birds nesting. on Peltier Island, certain limitations on human activities have been developed
❖ Any recreational and /or educational, opportunities must be consistent with the goals of the conservation
easement
Only low impact recreational activities such as walking, jogging or skiing may be allowed. Providing access.
to Peltier Lake for non- motorized watercraft such as canoes may be allowed by the Church provided this
activity does not interfere with The management goals of the conservation easement and individuals are
respectful of the lake environment.
.• .: Groups of individuals visiting the site must gain permission by the Church before gccessing The conservation
area The number of individuals accessing the site at one time may be. restricted.. Groups will be instructed
about the natural significance of the site and requested to abide by certain rules, such as staying on the .'.
maintained paths, being quiet, no removal or destruction of vegetation, etc.
o• Access to the. Conservation Easement Area will be restricted and /or prohibited during the nesting season of
the Great Blue Herons and other significant waterfowl. Access may be granted for observational and /or
research purposes. Access will also be permitted for maintenance and management purposes (i.e. placing
nesting materials in the field /prairie' area)
The Church will provide educational materials and guidelines about the Conservation Easement to.chun
members prior to visiting the Conservation Easement
•3
❖ 'The Church may install interpretive signs, benches, observational platforms, etc. that are consistent with the
management goals of the Conservation Area and conservation easement
I • The Church will take an active role in educating the people attending Eagle Brook Church about the natural
significance of the site and the importance of its preservation.
Habitat Enlacement for Wildife
Located on the eastern shore of Lake Peltier, the Eagle Brook Conservation Area has played a critical role in the
restoration efforts of the Great Blue Heron colony both in providing nesting material and being an monitoring' point
of the island and the activity of the birds during the nesting season. '
Eagle Brook Church will continue to work with Anoka County Parks Department and associated agencies to continue
working toward the restoration of the colony. Specifically, the placing of the nesting material, will continue as long as
DRAFT Eagle Brook Conservation Area Management Plan :..
3/17/2004
deemed necessary and /or effective by Anoka County .Parks and associated agencies. Mowing the prairie area
closes to the lake in the late fall or early spring may provide additional nesting .material as well as provide a more area for the. Great Blue Herons for gathering nesting material. Adding willow and red -osier dogwood,
which can be cut to provide additional nesting materials, may also enhance the riparian area Access for research
and observational studies of the native wildlife is welcomed and encouraged.
Restoration of the field area will enhance the habitat for Great Blue Herons and Egrets as well as Bald Eagle and
Sand Hill Cranes and other native species. The nearby island has also been home to a bald eagle. The restoration
will establish additional: habitat needed to support bald eagle prey.
Vegetation monitoring should be conducted to watch for shifts in the plant community composition due to management
activities Under certain conditions, activities such as fire have the ability to increase the presence of some species at .
the expense of others. If detrimental changes are identified early, resource management activities can be adjusted to
•
prevent significant shifts in community function` or. composition.:
Photo documentation and site visits by Rice Creek Watershed District will be the primary means of monitoring.
Monitoring should be conducted on a regular basis for determining resource management effectiveness. Also
important will be monitoring for excessive human disturbance such as off trail erosion, dumping of grass clippings, etc.
DRAFT Eagle Brook Conservation Area Management Plan
3/17/2004 ',..
Table 2 Phase I Restoration and. Maintenance Activities
DATE
ACTIVITY
7/2004 -
8/2004
Site Preparation of
field
10/2004.
9/2004
10/2008,
Annual
Seed Installation of
native prairie seed
Prescribed .burning
DESCRIPITION
ESTIMATED
COST /HOURS
Stock with sticks of various ..
sizes and varieties for Great Blue
Herons to collect for nesting
materials.:;
Preparing field by applying •
herbicides and disking and /or tilling
the soil to eliminate weeds prior to.;
planting seed
Planting of native prairie seed.
Cut invasive brush and tree species
and treat with herbicides, necessary
Conduct ;prescribed : burn at least,
onetime in the first five years with
help from Anoka County Parks, Lino
Lakes Fire Department, and
volunteers. ;
Visit site and document effectiveness
of resource management. activities,
Phase II - Maintenance. Years 10+ r;
The focus of management after the first 10 years of the conservation easement wi I be maintenance of the restoration
activities. Many of the maintenance activities necessary' will be similar to those carried out during the initial 10 years.
While management practices like prescribed burning will decrease in frequency, others may increase such as the
control of buckthorn as forested areas mature >j
Connectivity to Other Natural Areas
The Eagle Brook Conservation Area is adjacent to land owned by the City of St Paul Water Utility, which is in the
process of transfering land to Anoka County Parks. Placing this portion of the propety in an easement would fit into
The preservation effort that is already happening in that part. of the. watershed.::
• In addition, this area was inventoried and is included in the Lino Lakes Greenways Plan as part of the Rice Lake
Greenway Hub. Wildlife hubs are large contiguous plant communities often in public ownership. Hubs often contain
high quality natural communities with a high interior edge ratio making them suitable habitat for a wide variety of
wildlife species requiring; large home ranges. Within hubs there is a mosaic of diverse upland and wetland habitats
This greenway corridor connects Carlos Avery Wildlife Management Area to the Mississippi River
Community Involvement
Eagle Brook Church is committed to working with the community regarding the preservation on natural resources on
the Eagle Brook property. We value the input of the various resource management agencies working toward the wise
use and conservation of natural resources. We are committed to working with them on resources issues. We are also •
open to working with interested residents, neighbors and local associations
DRAFT Eagle Brook Conservation Area Management Plan
..3/17/2004
Q
arch 15, 2004
Lino Lakes City Council
600 Town Center Parkway
Lino Lakes, MN 55014
Mayor John Bergeson'
I a writing thi
m this letter to express my complete support of allowing Eagle Brook Church
to build in Lino Lakes. I have lived in Lino Lakes since 1978 and have watched the City`;
grow by leaps and bounds. No one seems to mind that there is building everywhere, but
when it comes to allowing a good neighbor like Eagle. Brook to build there is so much
controversy. I don't believe any of us want to see change come, but of course it must. I
would much rather have a church in my neighborhood than many other things, which will
come inevitably.
Please take into consideration that the main opposition comes from close neighbors that
are reacting to change
•
AGENDA ITEM 7D
STAFF ORIGINATOR: James E. Studenski, City Engineer
COUNCIL MEETING DATE: March 22, 2004
TOPIC: FIRST READING, Ordinance No. 06 - 04, Vacating a Drainage and Utility
Easement Across Lot 18, Block 4, D. Erickson 2"d Addition
VOTE REQUIRED: 4/5 VOTE REQUIRED
BACKGROUND:
The resident of Lot 18, Block 4, D. Erickson 2 "d Addition has petitioned the City to vacate 10-
feet of the existing 20 -foot easement located in their backyard to allow for pool construction.
The dimensions of the existing easement and the proposed vacation are shown on the
attached drawings. The existing easement was dedicated for drainage and utility purposes.
The grading plan, as proposed by the developer's engineer, shows an existing drainage and
utility easement of 20 -feet along each of the backyards of block 4. This drainage and utility
easement has been encroached upon by many of the neighbors over the past years without
disrupting the drainage in the area. The easement is not used for a large drainage area
along the back property lines and City Staff feel a 10 -foot easement is adequate to address
the drainage in this area.
Section 12.05 of the City Charter requires that real property of the City cannot be disposed
of except by Ordinance. The Ordinance will require two readings, 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
OPTIONS:
1. Approve the First Reading of Ordinance No. 06 - 04.
2. Return to staff for further consideration.
RECOMMENDATION:
Staff recommends Option 1.
March 22, 2004
April 12, 2004
Following approval of 2"d Reading
30 days after publication
•
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•
ORDINANCE NO. 06 - 04
CITY OF LINO LAKES
ANOKA COUNTY, MINNESOTA
AN ORDINANCE VACATING A PORTION OF A DRAINAG AND UTILITY EASEMENT
ACROSS LOT 18, BLOCK 4, D. ERICKSON 2 "D ADDITION
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 10 -feet of the existing 20 -foot
easement located in the backyard of lot 18, block 4, D. Erickson 2"d Addition, as shown on
the attached drawing.
Section 2. That the City of Lino Lakes held a Public Hearing before the City Council on
March 22, 2004 and April 12, 2004.
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 12'h day of April, 2004.
Ann Blair, City Clerk
John J. Bergeson, Mayor
RTIFICATE OF SURVE
Sr:
1
Scale .1' _ .30'`
0 Denotes Iron Mon.
S. S
escrintion for: John and Jeanine Rilev ;° LEGAL DESCRIPTION
Lot . /f .' Block ; V
D. ERICKSON 2ND ADD
Anoka County, Minnesota
LEGAL DESCRIINTION OF PROPOSED EASEMENT TO BE VACATED
That part of Lot 18, Block 4, D. ERICKSON, 2nd ADDITION, Anoka Coun
'Minnesota, described as follows:
6575: Pheasant Run South
Lino Lakes, MN 55014
The East 10.00 feet of the West 20.00 feet of said Lot 18, except the
South 5.00 feet, and except the North 5,00 . feet thereof
•
LOOKING NORTH DOWN DRAINAGE AND UTILITY EASEMENT
LOOKING SOUTH DOWN DRAINAGE AND UTILITY EASEMENT
'171111111111111 VIII /1111IIlI1IlIR
mil
S.E.
907
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909x9
SEWO
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•
AGENDA ITEM 7E
STAFF ORIGINATOR: James E. Studenski, City Engineer
COUNCIL MEETING DATE: March 22, 2004
TOPIC: Resolution No. 04 - 39, Approving Plans and Specifications and
Authorizing Advertisement for Bids, 2004 Sealcoat Project
Vote Required: Simple Majority
BACKGROUND:
Each year the City maintains its streets by sealcoating. Sealcoating places a
thin layer of oil and rock on the street to enhance the surface. Candidate streets
include new streets that received the wear course 2 - 3 years ago and all other
streets are done on a 5 7 year cycle. This year, approximately 5 miles of streets
will be sealcoated at an estimated total project cost of $77,000. The 2004
budget includes $61,000 for sealcoating. The difference between the annual
City budget amount and the total bid amount would be funded from the City's
Sealcoat fund as this reflects the cost of the first time sealing of new roadways.
City staff has prepared the plans and specifications for this work and are
requesting Council approval to advertise for bids.
OPTIONS:
1. Return to staff for further review.
2. Adopt Resolution Number 04 - 39, approving the plans and specifications and
authorizing advertisement for bids for the 2004 Sealcoat project.
3. Not adopt Resolution Number 04 - 39
RECOMMENDATION:
Option No. 2 - Staff recommends that Resolution Number 04 - 39 be adopted.
•
CITY OF LINO LAKES
RESOLUTION NO. 04 - 39
RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING
ADVERTISEMENT FOR BIDS - 2004 SEALCOAT PROJECT.
WHEREAS, the City Engineer has prepared plans and specifications for 2004 Sealcoating
Project and has presented such plans and specifications to the council for approval;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO
LAKES, MINNESOTA:
1 Such plans and specifications, a copy of which is attached hereto and made part hereof, are
hereby approved.
2. The City clerk shall prepare and cause to be inserted in the official paper and in the
Construction Bulletin an advertisement for bids for the making of such improvement under
such approved plans and specifications. The advertisement shall be published for 3 weeks,
shall specify the work to be done, shall state that bids will be received by the Clerk, at which
time they will be publicly opened in the City Hall by the City Clerk and Engineer, will then be
tabulated, and will be considered by the Council, in the Council Chambers of the City Hall.
Any bidder whose responsibility is questioned during consideration of the bid will be given
an opportunity to address the Council on the issue of responsibility. No bids will be
considered unless sealed and filed with the Clerk and accompanied by a cash deposit,
cashier's check, bid bond or certified check payable to the Clerk for five (5) percent of the
amount of such bid.
Adopted by the Lino Lakes City Council this 22nd day of March, 2004.
Ann J. Blair, City Clerk
John J. Bergeson, Mayor
•
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AGENDA ITEM 7F
STAFF ORIGINATOR: James E. Studenski, City Engineer
COUNCIL MEETING DATE: March 22, 2004
TOPIC: Resolution No. 04 - 40, Approving Plans and Specifications and
Authorizing Advertisement for Bids, 2004 Wearing Course
VOTE REQUIRED: Simple Majority
BACKGROUND:
The City undertakes a paving project each year to place the final layer of bituminous,
known as the wearing course, in those developments where the majority of the Tots
have been built on. The funding for this work is provided by assessments to the
respective subdivisions.
The subdivisions receiving wearing course this year include the final portion of
Clearwater Creek 3rd Addition and Clearwater Creek 5th Addition. The estimated total
project cost is $78,000.00.
City staff has prepared the plans and specifications for this work and are requesting
Council approval to advertise for bids.
OPTIONS:
1. Return to staff for further review.
2. Adopt Resolution Number 04 - 40 approving the plans and specifications and
authorizing advertisement for bids for the 2004 Wearing Course.
3. Not adopt Resolution Number 04 - 40.
RECOMMENDATION:
Option No. 2 - Staff recommends that Resolution Number 04 - 40 be adopted.
CITY OF LINO LAKES
RESOLUTION NO. 04 - 40
RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING
ADVERTISEMENT FOR BIDS — 2004 WEARING COURSE
WHEREAS, the City Engineer has prepared plans and specifications for the 2004 Wearing
Course, and has presented such plans and specifications to the Council for approval;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO
LAKES, MINNESOTA:
. Such plans and specifications, a copy of which is attached hereto and made part hereof, are
hereby approved.
2. The City clerk shall prepare and cause to be inserted in the official paper and in the
Construction Bulletin an advertisement for bids for the making of such improvement under
such approved plans and specifications. The advertisement shall be published for 3 weeks,
shall specify the work to be done, shall state that bids will be received by the Clerk, at which
time they will be publicly opened in the City Hall by the City Clerk and Engineer, will then be
tabulated, and will be considered by the Council, in the Council Chambers of the City Hall.
Any bidder whose responsibility is questioned during consideration of the bid will be given
an opportunity to address the Council on the issue of responsibility. No bids will be
considered unless sealed and filed with the Clerk and accompanied by a cash deposit,
cashier's check, bid bond or certified check payable to the Clerk for five (5) percent of the
amount of such bid.
Adopted by the Lino Lakes City Council this 22' day of March, 2004.
John J. Bergeson, Mayor
Ann Blair, City Clerk