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HomeMy WebLinkAbout03/12/2007 Council PacketSUMMARY MINUTES CITY, COUNCIL 'AGE A Monday March 12, 2007 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Bergeson, Council Members Carlson, O'Donnell, Reinert & Stoltz City Administrator: Gordon Heitke ➢ Open Mike / Public Comment None ➢ Call to Order and Roll Call 6:30 p.m. — Present were Mayor Bergeson, Council Members O'Donnell, Reinert, Carlson and Stoltz ➢ Pledge of Allegiance ➢ Setting the Agenda: Addition or deletion of agenda items The agenda was approved. CONSENT AGENDA A) Consideration of Expenditures: i) March 12, 2007 (Check No. 79534 through 79605) in the amount of $309,002.13; ii) Centennial Fire District (Check No. 2005 through 2560) in the amount of $3,538.93 Pg 3 -14 B) Consider February 26, 2007 Council Work Session Minutes Pg 14a -b C) Consider February 26, 2007 City Council Meeting Minutes Pg 15 -18 D) Pine Glen: i) Consideration of Resolution 07 -39, Approving development Pg 19 -32 agreement for Pine Glen Second Addition, Jim Studenski ii) Consideration of Resolution 07 -42, Approving final plat Pg 33 -34 for Pine Glen Second Addition, Paul Bengtson E) Consider approval of application of Aquinas Roman Catholic Pg 35 Home Education Services to conduct an excluded bingo event on April 14, 2007 at St. Joseph's Church Action Taken: Motion by Stoltz, seconded by O'Donnell, to approve the Consent Agenda, Items 1A through 1E, was adopted by a unanimous voice vote. FINANCE DEPARTMENT REPORT, Al Rol No Report Council Agenda -2- 3/12/2007 SUMMARY MINUTES 3. ADMINISTRATION DEPARTMENT REPORT Dan Tench A) Consideration of Resolution No. 07 -46, Approving Purchase To follow Agreement with Holiday Station Stores, Lake Dr. /35W Interchange Reconstruction, Bill Hawkins Action Taken: Motion by Reinert, seconded by O'Donnell, to approve the Resolution No. 07 -46 as presented, was adopted by a unanimous voice vote. PUBLIC SAFETY DEPARTMENT REPORT, Dave Pecchia No Report PUBLIC SERVICES DEPARTI No Report ENT REPORT, Rick DeGardner COMMUNITY ©EVELOPMENTREPORT, Michael Grochala A) Consideration of Resolution No. 07 -40, Approving a Variance for Pg 36 -46 Susan Goepfert, Paul Bengtson Action Taken: Motion by Carlson, seconded by Stoltz, to approve the Resolution No. 07 -40 as presented, was adopted by a unanimous voice vote. B) Consideration of Resolution No. 07 -41, Approving amendment to Pg 47 -73 the existing Conditional Use Permit, a new Conditional Use Permit for a Motor Fuel Facility and Car Wash, and a Preliminary Plat for Holiday Stationstores, Paul Bengtson Action Taken: Motion by O'Donnell, seconded by Reinert, to approve the Resolution No. 07 -41 as presented, was adopted by a unanimous voice vote. C) Consideration of Resolution No. 07 -43, Approving Plans and Pg 74 -77 Specifications, County State Aid Highway 14, Jim Studenski Action Taken: Motion by Stoltz, seconded by Carlson, to approve the Resolution No. 07 -43 as presented, was adopted by a unanimous voice vote. D) Consideration of Resolution No. 07 -44, Approving Plans and Pg 78 -80 Specifications and Authorizing Advertisement for Bids, I -35W /Lake Drive Interchange, Michael Grochala Action Taken: Motion by O'Donnell, seconded by Stoltz, to approve the Resolution No. 07 -44 as presented, was adopted by a unanimous voice vote. Council Agenda -3- 3/12/2007 SUMMARY MINUTES E) Consideration of Resolution No. 07 -38, Authorizing Preparation Pg 81 -82 of Plans and Specifications, 2007 Surface Water Management Project, Jim Studenski Action Taken: Motion by Reinert, seconded by Carlson, to approve the Resolution No. 07 -38 as presented, was adopted by a unanimous voice vote. F) Moratorium on Electronic, Changeable Signs, Jeff Smyser Pg 83 -89 i. Consideration of Second Reading, Ordinance No. 01 -07 Establishing a Moratorium on Electronic, Changeable Signs roll call required Action Taken: Motion by Carlson, seconded by O'Donnell, to approve second reading and passage of Ordinance No. 01 -07 as amended, was adopted by the following roll call vote: Yeas; 5; Nays none. ii. Consideration of Resolution No. 07 -45, Approving Summary of Ordinance No. 01 -07 for Publication Action Taken: Motion by Reinert, seconded by Stoltz, to approve the Resolution No. 07 -45 as presented, was adopted by a unanimous voice vote. UNFINISHED BUSINESS None. NEW BUSINESA None Adjournment Action Taken: Motion by Stoltz, seconded by Carlson, to adjourn at 7:10 p.m., was adopted by a unanimous voice vote. Community Calendar— A Look Ahead March 13 — March 26, 2007 • Wednesday, March 14 7:00 p.m., Blaine City Hall Sewer Improvement Info Mtg • Monday, March 26 5:30 p.m., Community Room Council Work Session • Monday, March 26 6:30 p.m., Council Chambers Council Meeting • EXPENDITURES MARCH 12, 2007 • Date: 02/22/2007 Time: 12:42:26 City of Lino Lakes FM Entry - Invoice Journal Ranges: • Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 6084 - 6084 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Operator: JAL Page: 1 Options: Detail / Summary: S Invoice Status: A # of copies: 1 Sort: N Check Over Expend: N Discount Vendor # Name # of items Net Gross Discount Lost 000087 MCDONALD'S CORPORATION 2 30,150.00 30,150.00 .00 .00 000112 MYRNA L. REHBEIN 2 86,887.47 86,887.47 .00 .00 000113 ESTATE OF GLENN R. REHBEIN 2 12,412.51 12,412.51 .00 .00 000123 CLYDE L. AND ARLENE M. REHBEIN 2 24,825.01 24,825.01 .00 .00 000133 MICHAEL D. AND CHERYL P. WINGE 2 24,825.01 24,825.01 .00 .00 000537 CENTRAL PENSION FUND 1 2,406.41 2,406.41 .00 .00 001016 MINNESOTA STATE RETIREMENT SYSTEM 1 787.14 787.14 .00 .00 001395 NEXTEL COMMUNICATIONS 1 531.51 531.51 .00 .00 002000 INTL UNION OF OPER ENGR 1 510.00 510.00 .00 .00 002931 MN CHILD SUPPORT PAYMENT CENTER 1 246.42 246.42 .00 .00 003091 MN NCPERS LIFE INSURANCE 1 416.00 416.00 .00 .00 000 XCEL ENERGY 1 4,234.02 4,234.02 .00 .00 0 60 STANSBERRY, KAY 1 103.98 103.98 .00 .00 003491 PETTY CASH 1 71.15 71.15 .00 .00 Grand Totals: 19 188,406.63 188,406.63 .00 .00* • Date: 02/26/2007 Time: 15 :25:14 City of Lino Lakes FM Entry - Invoice Journal Ranges: • Options: Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 6095 - 6095 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Detail / Summary: S Sort: N Operator: JAL Page: 1 Invoice Status: A # of copies: 1 Check Over Expend: N Discount Vendor # Name # of items Net Gross Discount Lost 000076 GOODIN COMPANY, INC. 1 2,294.65 2,294.65 .00 .00 000200 AMERICAN FAMILY LIFE ASSUR, INC. 1 212.04 212.04 .00 .00 000364 NORTHERN AIR CORPORATION 1 297.50 297.50 .00 .00 000420 ANOKA COUNTY 1 1,886.00 1,886.00 .00 .00 000468 RELIASTAR LIFE INSURANCE COMPANY 1 1,516.33 1,516.33 .00 .00 000489 TDS METROCOM 1 967.24 967.24 .00 .00 000522 INTERSTATE BATTERIES, INC. 2 265.11 265.11 .00 .00 000539 TARGET 1 251.80 251.80 .00 .00 000685 BILL'S GUN SHOP /RANGE -BJAM, INC. 1 36.21 36.21 .00 .00 000770 BOYER TRUCKS, INC. 2 131.21 131.21 .00 .00 000860 BROADWAY AWARDS, INC. 1 39.35 39.35 .00 .00 111119 PREFERRED ONE COMMUNITY HEALTH PLAN 1 46,109.90 46,109.90 .00 .00 000946 C. P. OFFICE PRODUCTS 1 839.94 839.94 .00 .00 000997 ASPEN EQUIPMENT COMPANY, INC. 1 24.35 24.35 .00 .00 001000 CATCO PARTS, INC. 2 35.66 35.66 .00 .00 001050 CENTENNIAL SCHOOLS 1 100.00 100.00 .00 .00 001110 CIRCLE PINES, CITY OF 1 8,214.94 8,214.94 .00 .00 001270 DALCO, INC. 1 45.90 45.90 .00 .00 001292 DEHN OIL COMPANY, INC. 2 6,292.71 6,292.71 .00 .00 001301 DELTA DENTAL PLAN OF MINNESOTA 1 4,756.95 4,756.95 .00 .00 001395 NEXTEL COMMUNICATIONS 1 537.52 537.52 .00 .00 001455 FBI NORTHWEST CHAPTER /FBINAA 1 75.00 75.00 .00 .00 • Date: 02/26/2007 Time: 15:25:15 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 2 Discount Vendor # Name # of items Net Gross Discount Lost All 000 HAWKINS INC. 1 15.00 15.00 .00 .00 001621 GREG LARSON SPORTS - GLS, INC. 2 482.65 482.65 .00 .00 001850 HOFFMAN, MICHAEL 1 19.98 19.98 .00 .00 001860 KENNEDY AND GRAVEN, INC. 1 1,341.00 1,341.00 .00 .00 001955 INTERNATIONAL ASSOC OF CHIEF OF POL 1 100.00 100.00 .00 .00 001977 I.T.L. PATCH COMPANY, INC. 1 132.59 132.59 .00 .00 002001 10,000 LAKES CHAPTER 1 175.00 175.00 .00 .00 002328 LEEF BROTHER, INC. 1 17.53 17.53 .00 .00 002340 IMAGE PRINTING & GRAPHICS, INC. 1 62.49 62.49 .00 .00 002550 MENARDS, INC. 2 35.40 35.40 .00 .00 002584 METRO SALES INCORPORATED 2 616.26 616.26 .00 .00 003071 MUNICI -PALS, JUDY FYTEN 1 25.00 25.00 .00 .00 003090 NARDINI FIRE EQUIPMENT CO., INC. 1 109.78 109.78 .00 .00 003220 FACTORY MOTOR PARTS COMPANY, INC. 3 302.94 302.94 .00 .00 003250 XCEL ENERGY 2 8,189.36 8,189.36 .00 .00 003600 PRESS PUBLICATIONS, INC. 1 22.20 22.20 .00 .00 04110 SHORT - ELLIOTT - HENDRICKSON, INC. 2 4,555.00 4,555.00 .00 .00 003882 SHRED -IT, INC. 1 55.95 55.95 .00 .00 004099 SRF CONSULTING GROUP, INC. 1 1,504.63 1,504.63 .00 .00 004240 STREICHER'S, INC. 2 437.75 437.75 .00 .00 004562 HD SUPPLY WATERWORKS, LTD. 2 1,869.56 1,869.56 .00 .00 004788 SPRINT 1 74.25 74.25 .00 .00 004840 WINNICK SUPPLY, INC. 4 408.81 408.81 .00 .00 004842 BARTELL, JULIE 1 33.99 33.99 .00 .00 007245 WILLIAMS, JUSTIN 1 79.96 79.96 .00 .00 900247 UPPER MIDWEST COMMUNITY POLICING INSTITU 1 2,500.00 2,500.00 .00 .00 900422 ELK RIVER FORD, INC. 1 20,533.00 20,533.00 .00 .00 • Date: 02/26/2007 Time: 15:25:15 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 3 Discount Vendor # Name # of items Net Gross Discount Lost AltMIDWEST GANG INVESTIGATORS ASSOCIATION 1 240.00 240.00 .00 .00 900432 RUTTGER'S SUGAR LAKE LODGE 1 525.00 525.00 .00 .00 Grand Totals: 67 119,395.39 119,395.39 .00 .00* • • Date: 02/26/2007 Time: 15:45:33 Operator: JAL Page: 1 City of Lino Lakes FM Entry - Invoice Payment - Department Report Fund: (A) Dept Id: (A) Program: (A) Vendor #: (A) Invoice #: (A) Schedule Journal #: (R) 6090 - 6097 Bank #: (A) Options: Print Ranges /Options: Y # of copies: 1 Page on Department: N Department Vendor Name Description Amount AMERICAN FAMILY LIFE INSURANCE /PAYROLL WITHHO 212.04 ANOKA COUNTY RECORDING FEES 1,886.00 RELIASTAR LIFE INSUR PAYROLL WITHHOLDING 1,145.12 CENTRAL PENSION FUND PAYROLL WITHHOLDING 2,406.41 PREFERRED ONE COMMUN HEALTH INSURANCE 10,968.86 MINNESOTA STATE RETI PAYROLL WITHHOLDING 787.14 DELTA DENTAL PLAN OF DENTAL INSURANCE 2,674.88 INTL UNION OF OPER E PAYROLL WITHHOLDING 510.00 MN CHILD SUPPORT PAY PAY WITH /TERRY MECKLE 00 246.42 MN NCPERS LIFE INSUR PAYROLL WITHHOLDING 416.00 Total for Department 21,252.87* MAYOR /COUNCIL TARGET CAKE /FLOWERS 34.89 MAYOR /COUNCIL BROADWAY AWARDS, INC PLAQUE 39.35 MAYOR /COUNCIL BARTELL, JULIE SANDWICHES, CHIPS & COOK 33.99 Total for Department 401 108.23* ADMINISTRATION RELIASTAR LIFE INSUR PAYROLL WITHHOLDING 23.75 AD NISTRATION PREFERRED ONE COMMUN HEALTH INSURANCE 2,266.74 STRATION DELTA DENTAL PLAN OF DENTAL INSURANCE 161.03 STRATION NEXTEL COMMUNICATION MONTHLY SERVICE /JANUARY 40.74 ADMINISTRATION MUNICI -PALS, SUE THO DUES 25.00 ADMINISTRATION PRESS PUBLICATIONS, ADVERTISING 22.20 ADMINISTRATION SPRINT MONTHLY SERVICE /FEBRUARY 74.25 Total for Department 402 2,613.71* SENIORS RELIASTAR LIFE INSUR PAYROLL WITHHOLDING 4.75 SENIORS TDS METROCOM MONTHLY SERVICE /FEBRUARY 47.18 SENIORS NEXTEL COMMUNICATION MONTHLY SERVICE /JANUARY 48.55 Total for Department 406 100.48* FINANCE RELIASTAR LIFE INSUR PAYROLL WITHHOLDING 14.97 FINANCE PREFERRED ONE COMMUN HEALTH INSURANCE 1,430.37 FINANCE DELTA DENTAL PLAN OF DENTAL INSURANCE 112.74 Total for Department 407 1,558.08* ECONOMIC DEVELOPMENT RELIASTAR LIFE INSUR PAYROLL WITHHOLDING 4.75 ECONOMIC DEVELOPMENT PREFERRED ONE COMMUN HEALTH INSURANCE 352.18 ECONOMIC DEVELOPMENT DELTA DENTAL PLAN OF DENTAL INSURANCE 32.20 ECONOMIC DEVELOPMENT SHORT- ELLIOTT- HENDRI ECONOMIC DEVELOPMENT WEB 1,655.75 • Date -: 02/26/2007 Time: 15:45:33 Operator: JAL De rtment Page: 2 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount PLANNING & ZONING PLANNING & ZONING PLANNING & ZONING PLANNING & ZONING COMM DEV COMM DEV COMM DEV COMM DEV POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE P P POLICE POLICE POLICE FIRE FIRE FIRE BUILDING BUILDING BUILDING BUILDING BUILDING STREETS STREETS • Total for Department 415 RELIASTAR LIFE INSUR PAYROLL WITHHOLDING PREFERRED ONE COMMUN HEALTH INSURANCE DELTA DENTAL PLAN OF DENTAL INSURANCE SRF CONSULTING GROUP TRANSPORTATION PLAN Total for Department 416 RELIASTAR LIFE INSUR PAYROLL WITHHOLDING PREFERRED ONE COMMUN HEALTH INSURANCE DELTA DENTAL PLAN OF DENTAL INSURANCE NEXTEL COMMUNICATION MONTHLY SERVICE /JANUARY Total for Department 418 RELIASTAR LIFE INSUR TDS METROCOM TARGET TARGET TARGET BILL'S GUN SHOP /RANG PREFERRED ONE COMMUN C. P. OFFICE PRODUCT DELTA DENTAL PLAN OF NEXTEL COMMUNICATION FBI NORTHWEST CHAPTE INTERNATIONAL ASSOC I.T.L. PATCH COMPANY METRO SALES INCORPOR XCEL ENERGY SHRED -IT, INC. STREICHER'S, INC. UPPER MIDWEST COMMUN MIDWEST GANG INVESTI RUTTGER'S SUGAR LAKE PAYROLL WITHHOLDING MONTHLY SERVICE /FEBRUARY CAREER FAIR LEXAR POP RANGE TIME HEALTH INSURANCE OFFICE SUPPLIES DENTAL INSURANCE MONTHLY SERVICE /JANUARY DUES /DAVE P '07 MEMBERSHIP /DAVE P UNIFORM SUPPLIES COVERAGE 11 -2007 TO 11 -2 MONTHLY SERVICE /JANUARY DESTROY CONFIDENTIAL MAT UNIFORM SUPPLIES PTO CERTIFICATION /5 CONFERENCE /WAYNE W, BILL RESERVATION /KELLY M, MEL Total for Department 420 RELIASTAR LIFE INSUR PAYROLL WITHHOLDING PREFERRED ONE COMMUN HEALTH INSURANCE DELTA DENTAL PLAN OF DENTAL INSURANCE Total for Department 421 INSPECTIONS RELIASTAR LIFE INSUR PAYROLL WITHHOLDING INSPECTIONS PREFERRED ONE COMMUN HEALTH INSURANCE INSPECTIONS DELTA DENTAL PLAN OF DENTAL INSURANCE INSPECTIONS NEXTEL COMMUNICATION MONTHLY SERVICE /JANUARY INSPECTIONS 10,000 LAKES CHAPTER SEMINAR /VERN R Total for Department 422 GOODIN COMPANY, INC. PIPE RELIASTAR LIFE INSUR PAYROLL WITHHOLDING 2,044.88* 9.50 704.36 64.40 1,504.63 2,282.89* 11.87 924.41 88.57 12.80 1,037.65* 147.25 622.36 26.51 95.84 21.49 36.21 15,281.66 839.94 554.59 531.51 75.00 100.00 132.59 109.00 6.90 55.95 437.75 2,500.00 240.00 525.00 22,339.55* 14.25 1,868.34 94.37 1,976.96* 19.00 2,002.61 136.88 70.98 175.00 2,404.47* 2,294.65 34.91 Date: 02/26/2007 Time: 15:45:33 Operator: JAL epdrtment Page: 3 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FL T FLEET FLEET GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT • TDS METROCOM PREFERRED ONE COMMUN DELTA DENTAL PLAN OF NEXTEL COMMUNICATION GREG LARSON SPORTS - MENARDS, INC. XCEL ENERGY WINNICK SUPPLY, INC. Total for RELIASTAR LIFE INSUR INTERSTATE BATTERIES BOYER TRUCKS, INC. BOYER TRUCKS, INC. PREFERRED ONE COMMUN ASPEN EQUIPMENT COMP ASPEN EQUIPMENT COMP CATCO PARTS, INC. CATCO PARTS, INC. CATCO PARTS, INC. DEHN OIL COMPANY, IN DEHN OIL COMPANY, IN DELTA DENTAL PLAN OF GREG LARSON SPORTS - LEEF BROTHER, INC. FACTORY MOTOR PARTS FACTORY MOTOR PARTS FACTORY MOTOR PARTS PETTY CASH WINNICK SUPPLY, INC. WINNICK SUPPLY, INC. WINNICK SUPPLY, INC. WILLIAMS, JUSTIN MONTHLY SERVICE /FEBRUARY HEALTH INSURANCE DENTAL INSURANCE MONTHLY SERVICE /JANUARY JACKET /SHIRTS /SWEATSHIRT TUBING MONTHLY SERVICE /JANUARY SAW Department 430 PAYROLL WITHHOLDING BATTERIES HUB CAP TANK ASSEMBLY HEALTH INSURANCE CREDIT /17017 ELEMENT CREDIT /138762 FITTING /HOSE /HOSE END FLIPPER VALVE DIESEL FUEL GASOHOL DENTAL INSURANCE SWEATSHIRTS /POLO SHIRTS/ SHOP TOWELS ANTIFREEZE BATTERY SENSOR CD PLAYER /DECAL RANDOM /ANGLE RANDOM /BRUSH /CUP /BOARD /B WIRE REIMBURSE CLOTHING ALLOW Total for Department 431 BUILDINGS NORTHERN AIR CORPORA BUILDINGS RELIASTAR LIFE INSUR BUILDINGS TDS METROCOM BUILDINGS TARGET BUILDINGS PREFERRED ONE COMMUN BUILDINGS CIRCLE PINES, CITY 0 BUILDINGS DALCO, INC. BUILDINGS DELTA DENTAL PLAN OF BUILDINGS LIFE SAFETY SYSTEMS, BUILDINGS LIFE SAFETY SYSTEMS, BUILDINGS IMAGE PRINTING & GRA BUILDINGS MENARDS, INC. BUILDINGS METRO SALES INCORPOR BUILDINGS NARDINI FIRE EQUIPME BUILDINGS XCEL ENERGY SERVICE ON HEATING PROBL PAYROLL WITHHOLDING MONTHLY SERVICE /FEBRUARY TOTE BOXES /APPLIANCE HEALTH INSURANCE MONTHLY SERVICE /JANUARY SURFACE WIPER DENTAL INSURANCE ADJUST DOOR LOCK REPAIR SCRAMBLE PAD FORMS LIGHT REPLACEMENT MAINTENANCE MAY '06 - MA INSPECTION MONTHLY SERVICE /JANUARY 39.42 3,622.63 252.79 43.91 47.21 10.99 4,832.87 25.76 11,205.14* 5.46 265.11 65.31 65.90 646.83 - 148.03 172.38 -77.72 80.82 32.56 2,289.21 4,003.50 37.03 32.21 17.53 101.60 162.32 39.02 41.00 125.92 184.71 72.42 79.96 8,295.05* 297.50 4.75 136.60 73.07 352.18 7,499.59 45.90 32.20 152.50 1,047.61 62.49 24.41 507.26 109.78 4,227.12 IDe rtment Vendor Name Description Amount Date: 02/26/2007 Time: 15:45:33 Operator: JAL Page: 4 City of Lino Lakes FM Entry - Invoice Payment - Department Report GOVERNMENT BUILDINGS STANSBERRY, KAY REIMBURSE CLOTHING ALLOW 103.98 GOVERNMENT BUILDINGS PETTY CASH BOOKSHELF 10.65 Total for Department 432 14,687.59* PARKS RELIASTAR LIFE INSUR PAYROLL WITHHOLDING 28.50 PARKS TDS METROCOM MONTHLY SERVICE /FEBRUARY 7.54 PARKS PREFERRED ONE COMMUN HEALTH INSURANCE 1,551.28 PARKS CIRCLE PINES, CITY 0 MONTHLY SERVICE /JANUARY 715.35 PARKS DELTA DENTAL PLAN OF DENTAL INSURANCE 177.14 PARKS NEXTEL COMMUNICATION MONTHLY SERVICE /JANUARY 195.30 PARKS GREG LARSON SPORTS - JACKET /SHIRTS /SWEATSHIRT 30.71 PARKS GREG LARSON SPORTS - SWEATSHIRTS /POLO SHIRTS/ 24.71 PARKS HOFFMAN, MICHAEL REIMBURSE CLOTHING ALLOW 19.98 PARKS XCEL ENERGY MONTHLY SERVICE /JANUARY 487.34 Total for Department 450 3,237.85* RECREATION RELIASTAR LIFE INSUR PAYROLL WITHHOLDING 15.20 RECREATION PREFERRED ONE COMMUN HEALTH INSURANCE 1,131.26 RECREATION DELTA DENTAL PLAN OF DENTAL INSURANCE 103.06 RECREATION GREG LARSON SPORTS - JACKET /SHIRTS /SWEATSHIRT 118.52 RECREATION GREG LARSON SPORTS - SWEATSHIRTS /POLO SHIRTS/ 229.29 Total for Department 451 1,597.33* ENVIRONMENTAL RELIASTAR LIFE INSUR PAYROLL WITHHOLDING 5.23 ENVIRONMENTAL PREFERRED ONE COMMUN HEALTH INSURANCE 196.02 ENVIRONMENTAL DELTA DENTAL PLAN OF DENTAL INSURANCE 11.28 ENVIRONMENTAL NEXTEL COMMUNICATION MONTHLY SERVICE /JANUARY 57.11 ENVIRONMENTAL PETTY CASH MEALS /PARKING 17.43 Total for Department 461 287.07* AIIIIWASTE RELIASTAR LIFE INSUR PAYROLL WITHHOLDING 1.43 SOLID WASTE PREFERRED ONE COMMUN HEALTH INSURANCE 201.96 SOLID WASTE DELTA DENTAL PLAN OF DENTAL INSURANCE 9.66 Total for Department 462 213.05* FORESTRY RELIASTAR LIFE INSUR PAYROLL WITHHOLDING 2.85 FORESTRY PREFERRED ONE COMMUN HEALTH INSURANCE 196.02 FORESTRY DELTA DENTAL PLAN OF DENTAL INSURANCE 11.27 Total for Department 463 210.14* Total for Fund 101 97,452.99* YOUTH INSTRUCTIONAL CENTENNIAL SCHOOLS CENTENNIAL SPORTS ARENA/ 100.00 Total for Department 207 100.00* Total for Fund 201 100.00* POLICE ELK RIVER FORD, INC. '07 FORD CROWN VICTORIA 20,533.00 Total for Department 420 20,533.00* • Date: 02/26/2007 Time: 15:45:33 Operator: JAL Page: 5 City of Lino Lakes FM Entry - Invoice Payment - Department Report De rtment Vendor Name Description Amount Total for Fund 402 20,533.00* OTHER SHORT - ELLIOTT - HENDRI GIS SERVICES /JANUARY 1,449.62 Total for Department 499 1,449.62* Total for Fund 406 1,449.62* OTHER SHORT - ELLIOTT- HENDRI GIS SERVICES /JANUARY 1,449.63 Total for Department 499 1,449.63* Total for Fund 422 1,449.63* OTHER MCDONALD.S CORPORATI PERMANENT WALKWAY EASEME 26,390.00 OTHER MCDONALD.S CORPORATI TEMPORARY EASEMENT /DAMAG 3,760.00 OTHER MYRNA L. REHBEIN FEE TAKING 57,283.32 OTHER MYRNA L. REHBEIN PERMANENT EASEMENT 29,604.15 OTHER ESTATE OF GLENN R. R FEE TAKING 8,183.34 OTHER ESTATE OF GLENN R. R PERMANENT EASEMENT 4,229.17 OTHER CLYDE L. AND ARLENE FEE TAKING 16,366.67 OTHER CLYDE L. AND ARLENE PERMANENT EASEMENT 8,458.34 OTHER MICHAEL D. AND CHERY FEE TAKING 16,366.67 OTHER MICHAEL D. AND CHERY PERMANENT EASEMENT 8,458.34 Total for Department 499 179,100.00* Total for Fund 471 179,100.00* WATER RELIASTAR LIFE INSUR PAYROLL WITHHOLDING 11.41 WATER TDS METROCOM MONTHLY SERVICE /FEBRUARY 114.14 WAR PREFERRED ONE COMMUN HEALTH INSURANCE 1,382.19 DELTA DENTAL PLAN OF DENTAL INSURANCE 117.54 NEXTEL COMMUNICATION MONTHLY SERVICE /JANUARY 68.13 WATER HAWKINS , INC. CYLINDERS 15.00 WATER XCEL ENERGY MONTHLY SERVICE /JANUARY 1,871.86 WATER PETTY CASH POSTAGE 2.07 WATER HD SUPPLY WATERWORKS COUPLER 1,239.56 WATER HD SUPPLY WATERWORKS METER INSTALLATION 630.00 Total for Department 494 5,451.90* Total for Fund 601 5,451.90* SEWER RELIASTAR LIFE INSUR PAYROLL WITHHOLDING 11.38 SEWER PREFERRED ONE COMMUN HEALTH INSURANCE 1,030.00 SEWER DELTA DENTAL PLAN OF DENTAL INSURANCE 85.32 SEWER XCEL ENERGY MONTHLY SERVICE /JANUARY 997.29 Total for Department 495 2,123.99* Total for Fund 602 2,123.99* KENNEDY AND GRAVEN, LAKEWOOD APARTMENTS 1,210.00 KENNEDY AND GRAVEN, LEGACY TIF 131.00 • Date: 02/26/2007 Time: 15:45:33 Operator: JAL Page: 6 City of Lino Lakes FM Entry - Invoice Payment - Department Report 1/111 De rtment Vendor Name Description Amount Total for Department Total for Fund 801 Grand Total • • 1,341.00* 1,341.00* 309,002.13* -13- • • • CENTENNIAL FIRE DISTRICT Check Register POLICE GL GL Posting Period(s): 03/07 - 03/07 Check Issue Date(s): 03/01/2007 - 03/02/2007 Page: 1 Mar 02, 2007 12:07pm Per Date Check No Vendor No Payee Invoice Description 03/07 03/02/07 2550 130710 MN CHAPTER IAA! 03/07 03/02/07 2551 03/07 03/02/07 2552 03/07 03/02/07 2553 03/07 03/02/07 2554 03/07 03/02/07 2555 10050 ACH FIREHOUSE SOLUTIONS 11565 ASPEN MILLS 30480 CENTENNIAL UTILITIES 80100 HSBC BUSINESS SOLUTIONS 120185 RANDY LAUDERBAUGH 03/07 03/02/07 2556 130460 METROCALL 03/07 03/02/07 2557 130710 MN CHAPTER IAAI 03/07 03/02/07 2558 140075 03/07 03/02/07 2559 220300 03/07 03/02/07 2560 260100 Totals: NSRMAA VOLUNTEER FIREFIGHTERS BENEF ZEP MANUFACTURING CO FIRE INVESTIGATORS TRAINING SOFTWARE MTC UNIFORMS JAN UTILITIES STATION 1 TARPS MEMBERSHIPS IAAI /ND IAAI COMMUNICATIONS MEMBERSHIP R LAUDERBAUGH 2007 DUES LIFE INS VEH CLEANING SUPPLIES Inv Amount 120.00 M 1,013.00 39.50 848.62 150.99 95.00 86.89 280.00 150.00 294.00 460.93 3,538.93 M = Manual Check, V = Void Check • • AGENDA ITEM 1 Di STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: March 12, 2007 TOPIC: Resolution No. 07 - 39, Authorizing Execution of Development Agreement, Pine Glen Second Addition Vote Required: Simple Majority BACKGROUND: The City Council approved the preliminary plat of Pine Glen on November 28, 2005, and authorized execution of a development agreement for the First Addition, May 22, 2006. The majority of improvements were installed with the First Addition. Pine Glen Second Addition consists of 37 units of residential development. In accordance with the preliminary plat approval and City policy, staff has prepared a Development Agreement for the Pine Glen Second Addition. The agreement provides for the following: 1. Submittal by the developer of a Letter of Credit in the amount of $30,000.00 representing 150 percent of the development improvement costs and a Letter of Credit in the amount of $95,000.00 representing 35 percent of the City improvement costs to insure completion of the project in accordance with the approved plans. 2. Deposit of a cash escrow in the amount of $145,000.00 to reimburse the City for costs incurred by the City related to the development and improvements of the site. The developer has reviewed the contract and is aware of the conditions set forth. RECOMMENDATION: Staff recommends approving Resolution Number 07 — 39, Authorizing Execution of the Development Agreement for the Pine Glen Second Addition. • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 07 -39 RESOLUTION AUTHORIZING EXECUTION OF DEVELOPMENT AGREEMENT, PINE GLEN SECOND ADDITION WHEREAS, the City Council approved the preliminary plat of Pine Glen on November 28, 2005, a Pine Glen Addition grading only development agreement on March 13, 2006, and a Pine Glen First Addition development agreement on May 22, 2006, and WHEREAS, the City's subdivision ordinance and conditions of approval require the execution of a development contract, between the Developer and the City of Lino Lakes, prior to commencement of site construction activities and final plat approval to insure satisfactory completion of public improvements. 0 NOW, THEREFORE, BE IT RESOLVED THAT the Lino Lakes City Council approves the Development Contract with 23, LLC, for Pine Glen Second Addition and authorizes the Mayor and City Clerk to execute such agreement on behalf of the city. • John Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 12th day of March, 2007. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. • • DEVELOPMENT CONTRACT Pine Glen Second Addition THIS AGREEMENT made this 12th day of March2007, is by and between the City of Lino Lakes, whose address is 600 Town Center Parkway, Lino Lakes, Minnesota, 55014, a municipal corporation organized under the laws of the State of Minnesota, hereinafter referred to as the "City ", and 23, LLC whose address is 1875 Station Parkway NW, Andover, Minnesota 55304 hereinafter referred to as the "Developer ". WHEREAS, the Developer has received preliminary plat approval from the City Council for a plat of land within the corporate limits of the City known as Pine Glen 2nd Addition hereinafter called "Subdivision ", said land is legally described to -wit As Contained in Commonwealth Land Title Insurance Co. Commitment File No. 7022063 That part of Lots 5 and 6, Auditor's Subdivision No. 100 Anoka County, Minnesota, lying Southerly of the following described line: Commencing at the most Northerly corner of said Lot 5, thence Southerly on the East line of said Lot 5, 88.62 feet, to the point of beginning, thence Westerly, at right angles 45.34 feet, more or less to the Northwesterly line of said Lot 5 (being the Southeasterly Right of Way line of Highway 8) and there terminating, and also lying Northerly of a line drawn from the Southeast corner said Lot 6, at an angle of 64 degrees, 19 minutes, 30 seconds, measured from North to West, to the Westerly line of said Lot 6, and there terminating. Excepting therefrom, and all above, all part lying within plat of Anoka County Highway Right of Way Plat no. 17, Anoka County, Minnesota AND That part of the South Half of the Northwest Quarter of the Northwest Quarter of Section 9 Township 31, Range 22, Anoka County, Minnesota, lying Easterly and Southerly of the North 135 feet of the West 328.50 feet and Easterly of the Easterly line of Anoka County Highway Right -Of -Way Plat No. 17, according to the U.S. Government Survey, Anoka County, Minnesota. • The South Half of the Northeast Quarter of the Northwest Quarter of Section 9, Township 31, Range 22, Anoka County, Minnesota. • Pine Glen — Phase II Development Contract March 12, 2007 The South Half of the Northwest Quarter of the Northeast Quarter of Section 9, Township 31, Range 22, Anoka County, Minnesota. The South Half of the Northeast Quarter of the Northeast Quarter of Section 9, Township 31, Range 22, Anoka County, Minnesota, Except the Easterly 730.00 feet thereof. WHEREAS, the Developer is to be responsible for the installation and financing of certain private improvements within the Subdivision; and WHEREAS, said private improvements include grading, drainage, sanitary sewer, water, and driveway improvements; and WHEREAS, the City Subdivision Ordinance and Minnesota Statute 462.358 authorize the City to enter into a performance contract secured by cash escrow or other security to guarantee completion and payment of such improvements following final approval and recording of final plat. NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: that the I. DESIGNATION OF IMPROVEMENTS A. Improvements to be installed at the Developer's expense by the Developer as hereinafter provided are hereinafter referred to as "Developer Improvements ". B. Improvements to be installed by the City and financed by the Developer are hereinafter referred to as "City Improvements ". U. DEVELOPER IMPROVEMENTS A. The Developer's Engineer shall prepare, at the Developer's expense, a grading plan, street and utility plan, and a surface water management plan. The plans shall be approved by the City of Lino Lakes. The Developer shall secure a contractor to install these improvements; said contractor shall be approved by the City at its ABSOLUTE discretion. All Developer Improvements shall require City inspection and approval and, where appropriate, and the approval of any other governmental agency having jurisdiction. The Developer shall construct and install at the Developer's expense, the following improvements according to the following terms and conditions: page 2 -22- • • • Pine Glen — Phase II Development Contract March 12, 2007 1. Grading and Erosion Control Construction & Maintenance a) Erosion and siltation control measures shall be coordinated with the different stages of development. The Developer shall attain an NPDES Stormwater Permit prior to engaging in any site grading activities. All terms and conditions of the NPDES permit must be adhered to by the Developer throughout construction the duration of construction of the Subdivision from start to finish. b) Where the topsoil is removed, sufficient arable soil shall be set aside for respreading over the developed area. The topsoil shall be restored to a depth of at least four (4) inches and shall be of a quality at least equal to the soil quality prior to development. The Developer shall make all necessary adjustments to the curb stops to bring them flush with the topsoil prior to occupancy. c) The Developer shall install four (4) inches of topsoil on all boulevards and seed or sod as approved by the City. The Developer shall make all necessary adjustments to the curb stops to bring them flush with the topsoil prior to occupancy. d) All disturbed areas shall be sodded or seeded, as designated per the approved plans, immediately upon completion of grading . e) All streets shall be protected from erosion deposits. This should include a combination of roadside silt fences, roadside sod strips, catch basin rock bale inlet protection, rock construction entrances, straw mulch, and/or street sweeping. No soils shall be imported or exported without City approval. All site grading shall be performed in accordance with the requirements of the Rice Creek Watershed District. Existing wells and on -site septic systems shall be properly abandoned. 2. Final access drive and driveway grading, subbase, gravel base, bituminous binder course, and concrete curb and gutter shall be furnished and installed. 3. The Developer shall place iron monuments at all lot and block corners and at all other angle points on boundary lines. Iron monuments shall be placed after all street and lawn grading has been completed in order to preserve the lot markers for future property owners. Lot corner irons on the back property line shall be installed so that the top of the iron corresponds to the page 3 - 2 3 - • • Pine Glen — Phase II Development Contract March 12, 2007 finished ground elevation in accordance with the approved grading plan - guard stakes shall be appropriately installed to mark these irons. 4. The Developer shall promptly clear dirt and debris, within public right -of- ways, and drainage and utility easements, resulting from construction by the Developer, its purchasers, builders and contractors within five (5) days after notification by the City. The Developer or its assigns shall be responsible for all necessary street and storm sewer maintenance including street sweeping, and storm sewer resulting from the accumulation of said dirt and debris, prior to issuance of any Certificates of Occupancy. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If and when the streets become impassable, such streets shall be barricaded and closed. The Developer shall maintain a smooth, hard driving surface and adequate drainage on all temporary streets. 5. The Developer shall dedicate to the City, prior to approval of the fmal plat, at no cost to the City, any permanent or temporary easements that may be necessary for the construction and installation of the Developer Improvements. All such easements required by the City shall be in writing, in recordable form, containing such terms and conditions as the City shall determine. 6. The Developer shall make provision that all gas, telephone, cable TV and electric utility designs be submitted to the City for review and approval prior to construction of the improvements. Following review and approval by the City, the Developer shall insure that all installations comply with applicable City, County and State design standards and show proof of security arrangements with said utility companies. 7. Cost of Developer Improvements and description are as shown on Attachment A. 8. Construction of Developer's Improvements: a) The construction, installation, materials and equipment shall be in accordance with the plans and specifications approved by the City. b) All of the work shall be under and subject to the inspection and approval of the City and, where appropriate, any other governmental agency having jurisdiction. c) Prior to the acceptance of Developer Improvements by the City, the Developer shall obtain fmal plat approval and record the fmal plat which will dedicate all permanent easements necessary for the page 4 -24- Pine Glen — Phase II Development Contract March 12, 2007 • construction and installation of the Developer and City Improvements as determined by the City. • • d) All construction debris and trash shall be properly disposed of at the Developer expense and in a timely manner as determined by the City. 9. Record Drawings a) Upon completion of construction of roads, sanitary sewer, watermain, storm sewer, facilities, and grading, the developer shall submit two (2) sets of record plans, two (2) electronic copies of record plans in Anoka County NAD 83 Coordinates compatible with the City's computer system, including accurate locations, dimensions, elevations, grades, slopes and all other pertinent information conceming the compete work. b) Also a storm sewer, watermain, and sanitary sewer Excel Spreadsheet must be submitted, which includes all the as-built data. 10. Guarantee a) Faithful Performance of Construction Contracts and Letters of Credit (1) The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Developer Improvements and hereby guarantees the workmanship and materials for a period of one year following the City's fmal acceptance of the Developer's Improvements. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on one hundred fifty (150 %) percent of the total estimated cost of Developer's Improvements. An Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Lino Lakes and shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Contract and construction of all required improvements in accordance with the ordinances and specifications of the City. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this contract. The Irrevocable Letter of Credit shall be automatically extended for additional periods of one year from present or future expiration dates unless thirty (30) days prior to such the City Clerk page 5 - 2 5 - Pine Glen — Phase H Development Contract March 12, 2007 . or Administrator is notified in writing by certified mail that the Letter of Credit will not be renewed. • • b) Reduction of Escrow Guarantee. (1) The Developer may request reduction of the Letter of Credit, or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. Prior to the final acceptance of the Developer Improvements the City shall require a Performance Bond or Cash Escrow to cover the one -year warranty provisions of the agreement. The amount shall be determined by the City Engineer. III. CITY IMPROVEMENTS A. There are no new City Improvements for this project. IV. RECORDING AND RELEASE A. The Developer agrees that the terms of this Development Contract shall be a covenant on any and all property included in the Subdivision. The Developer agrees that the City shall have the right to record a copy of this Development Contract with the Anoka County Recorder to give notice to future purchasers and owners. This shall be recorded against the Subdivision described on Page 1 hereof. City shall provide to Developer upon payment of all the special assessments levied against a parcel, a release of such parcel from the terms and conditions of this Development Contract subject to provisions contained in this contract. V. REIMBURSEMENT OF COSTS A. The Developer agrees to establish a non - interest bearing escrow account with the City in an amount determined by the City Administrator or his designee for the payment of all costs incurred by the City related to the development of the Subdivision and the Developer Improvements including, but not limited to, the following (See Attachment B for breakdown of costs): 1. Plat Review Fee 2. Planner Review Fee 3. Administration - 3% Construction Cost 4. Engineering a) Administration 5. Legal - Plat Review page 6 - 2 6 - • • Pine Glen — Phase II Development Contract March 12, 2007 6. Publications 7. Park Dedication Fee 8. Tree Preservation Policy 9. Boulevard Tree Planting 10. Street - Storm Sewer - Pond Maintenance 11. Sealcoating Fund 12. Aerial Photo Recovery Cost B. If the above escrow amounts are insufficient, the Developer shall make such additional deposits as required by the City. The City shall have a right to reimburse itself from the Escrow upon notice to the Developer, with suitable documentation supporting charge. VI. BUILDING PERMITS A. The Developer agrees that building permits may be issued upon approval of the Final Plat by the City Council at which time all required Financial Security shall be in place with the City. B. The Developer further agrees that Sewer, Water, Storm Sewer, and Bituminous Base Construction of the Streets, temporary street signs, gas, electric, and telephone will be completed prior to the issuance of building permits. C. The Developer further agrees that an as -built survey certifying that all the grading complies with the grading plan prior to issuance of building permits. D. Each lot must have a City approved Certificate of Grading showing the as -built survey prior to an issuance of a Certificate of Occupancy. It shall be the responsibility of the Developer, its purchasers, builders or contractors to ensure compliance with the grading plan. VII. HOURS OF CONSTRUCTION ACTIVITY A. All construction activity shall be limited to the hours as follows: Monday through Friday 7:00 a.m. to 7:00 p.m. Saturday 9:00 a.m. to 5:00 p.m. Sunday and Holidays No working hours allowed VIE OWNERSHIP OF IMPROVEMENTS • A. Upon completion of the work and construction required by this contract and acceptance by the City, the utility and driveway improvements lying within the page 7 - 2 7 - • • Pine Glen — Phase II Development Contract March 12, 2007 public easements shall become the property of the Developer, Property Owners, or their heirs and assigns, and shall include all maintenance and operation of all improvements for perpetuity. However, the City of Lino Lakes, in the interest of public health and safety, shall reserves the right to enter said property and maintain facilities upon reasonable notice. Any costs incurred by the City of Lino Lakes to repair and maintain any private facilities shall be billed directly to the property owners. IX. INSURANCE A. Developer or all its subcontractors shall take out and maintain until one (1) year after the City has accepted the Developer Improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of his subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than Five Hundred Thousand and no /100 ($500,000.00) Dollars for one person and One Million and no /100 ($1,000,000.00) Dollars for each occurrence; limits for property damage shall be not less then Two Hundred Thousand and no /100 ($200,000.00) Dollars for each occurrence; or a combination single limit policy of One Million and no /100 ($1,000,000.00) Dollars or more. The City, its employees, its agents and assigns shall be named as an additional insured on the policy, and the Developer or all its subcontractors shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. X. REIMBURSEMENT OF COSTS FOR DEFENSE A. The Developer agrees to reimburse the City for all costs incurred by the City in defense of enforcement of this contract, or any portion thereof, including court costs and reasonable engineering and attorneys' fees if the City prevails in such action. XI. VALIDITY A. If a portion, section, subsection, sentence, clause, paragraph or phrase in this contract is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Development Contract. XII. GENERAL A. Binding Effect • 1. The terms and provisions hereof shall be binding upon and insure to the benefit of the heirs, representatives, successors and assigns of the parties page 8 - 28 - • Pine Glen — Phase II Development Contract March 12, 2007 hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land. B. Notices 1. Whenever in this agreement it shall be required or permitted that notice or demand be given or served by either parry to this agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinbefore set forth on Page 1 by certified mail (return receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto are as set forth on Page 1 until changed by notice given as above. XIII. VIOLATIONS/BUILDING PERMITS A. In the event that Developer violates any of the covenants and agreements contained in this Development Contract and to be performed by the Developer, the City, at its option, in addition to the rights and remedies as set out hereunder may refuse to issue building permits and/or Certificate of Occupancies to any property within the Subdivision until such time as such default has been corrected to the satisfaction of the City. XIV. PARK DEDICATION A. Park dedication in an amount of $76,775.00 shall be paid by the Developer to the City. XV. PROPERTY TAXES A. Should the recording of the Final Plat occur after July 1, any and all property taxes on any public property dedicated as a part of this plat shall be the responsibility of the Developer. Dollars shall be incorporated into the escrow agreement to cover the cost of said property taxes. page 9 - 29 - • Pine Glen — Phase II Development Contract March 12, 2007 DEVELOPER CITY OF LINO LAKES By Developer STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA By Mayor ATTEST: By Clerk On this day of , 20_. before me, a Notary Public within and for said County, personally appeared (Mayor) and (Clerk), to me known to be respectively the Mayor and Clerk of the City of Lino Lakes, and who executed the foregoing instrument and acknowledge that they executed the same on behalf of said City. STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA Notary public On this day of , of 20_, before me, a Notary Public within and for said County, personally appeared (Developer), to me known to be the , of , a corporation under the laws of the State of Minnesota, and that they executed the foregoing instrument and acknowledged that they/he executed the same on behalf of said corporation. Notary Public page 10 - 3 0 - • ATTACHMENT A SUMMARY OF IMPROVEMENT COSTS DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: Pine Glen - Phase II APPLICANT: 23, LLC ITEM NECESSARY IMPROVEMENTS 1 SITE GRADING 2 EROSION CONTROL 3 SITE ENGINEERING & SURVEYING 4 LANDSCAPING 5 STREET CONST. A. Subgrade /Base Course Estimate B. Wear Course Estimate C. Turn Lane Estimate 6 STORM SEWER CONST. A. Trunk Estimate B. Lateral Estimate C. Surface Water Mgmt. (Residential) $0.063 7 SANITARY SEWER CONST. A. Trunk Credit B. Trunk Unit Charge (REU) $2,585 C. Lateral Estimate WATERMAIN CONST. A. Trunk Credit B. Trunk Unit Charge (REU) $3,415 C. Lateral Estimate TOTALS: See Attachment B for security amounts to be posted BUDGET COST Estimate Estimate Estimate Estimate i NOTE: a: b: c: d: e: f: • Cost by City policy Estimated Cost or Budget by City Previously Assessed Cash Requirement per Agreement with Park Board Provided by Developer Estimate by Feasibility Study NOTE e e e e e e e e e a e a e NUMBER OF REU's: ASSESSED AREA (ac.): DEVELOPER IMP. (X) $0 $0 $5,000 $0 $0 $5,000 $10,000 $0 $20,000 3 -12 -07 37 18.1 CITY ESCROW IMP. (Y) AMOUNT (Z) $49,671 $0 $95,645 $0 $126,355 $271,671 $0 • DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: Pine Glen - Phase II APPLICANT: 23, LLC ITEM NECESSARY IMPROVEMENTS 1 PLANNING /REVIEW A. Plat Review Fee B. Planner Review Fee 2 ADMINISTRATION A. Legal B. Administration Fee C. Publications 3 ENGINEERING A. Plan /Plat/Grading Review B. Prep of Plans & Specs. /Insp. Lift Station C. Construction Services D. Construction Staking E. City Engineering 4 DEVELOPMENT FEES A. Park Dedication Fee B. Sealcoating Fee C. Aerial Photo Fee 5 BOULEVARD TREE PLANTING 6 DEVLOPMENT SECURITIES A. Tree Preservation •B. Street Lighting - installation C. Street Lighting - operation D. Traffic Signing E. Street, Storm Sewer, Pond Maint. F. FEMA SUBTOTAL: TOTALS: ATTACHMENT B CITY FEES NUMBER OF REU's: 37 ASSESSED AREA (ac.): 18.1 3 -12 -07 BUDGET DEVELOPER CITY ESCROW COST NOTE IMP. (X) IMP. (Y) AMOUNT (Z) $5,000 b $5,000 b $1,000 3% of const. $1,000 $20,000 $27,000 $50,000 $0 $28,000 $2075 /unit $0.30/SF 90 /unit $485 /tree a b b b b b b b d b b b 100 /unit b $2,500 a $265 $500 a SECURITY AMOUNTS TO BE POSTED X = DEV. IMPROVEMENT COSTS X 1.5 (LETTER OF CREDIT) Y = CITY IMPROVEMENT COSTS X 0.35 (LETTER OF CREDIT) ** Z = CITY FEE COSTS X 1.0 (CASH ESCROW) NOTE: a: b: c: d: e: f: • Cost by City policy Estimated Cost or Budget by City Previously Assessed Cash Requirement per Agreement with Park Board Provided by Developer Estimate by Feasibility Study b $0 SO so so Att. A Att. B $30,000 $0 $95,000 $0 $0 $145,000 $2,500 $2,500 $1,000 $600 $500 $5,000 $0 $10,000 $0 $10,000 $76,775 $0 $3,330 $21,825 $3,700 $0 $0 $500 $1,770 $5,000 $145,000 $145,000 Total $30,000 $95,000 $145,000 AGENDA ITEM 1.D.ii • STAFF ORIGINATOR: Paul Bengtson P & Z MEETING DATE: March 12, 2007 TOPIC: Resolution 07 -42 Final Plat Pine Glen Second Addition BACKGROUND 23 LLC. has applied for a final plat for the remaining portion of the residential property within the Pine Glen project area, which is located east of Lake Drive approximately 1,000 feet south of Main Street. ANALYSIS The final plat generally conforms to the approved preliminary plat layout as approved by the City Council on November 28, 2005; and the phasing plan that was revised during the review of the final plat for the first •addition. The title commitments have been forwarded to the City Attorney for review and were found to be acceptable. All conditions of approval for the development have been met with the first addition plat, first addition development agreement, and the development agreement for the second addition which preceded this item on the agenda. RECOMMENDATION Staff recommends adopting Resolution 07 -42 approving the final plat for Pine Glen Second Addition. IIIIVTTACHMENTS 1. Pine Glen Second Addition Final Plat received January 16, 2007. -33- Council Member introduced the following resolution and moved its adoption: • CITY OF LINO LAKES RESOLUTION NO. 07 -42 RESOLUTION APPROVING THE FINAL PLAT FOR PINE GLEN SECOND ADDITION WHEREAS, a request has been submitted to the City for the approval of a final plat, and WHEREAS, review and approvals of plats are governed by state statutes and City ordinances, and WHEREAS, the preliminary plat for Pine Glen was approved with Resolution 05 -182 by the City Council on November 28, 2005 with conditions, and WHEREAS, the final plat for Pine Glen Second Addition complies with City requirements and the conditions of Resolution 05 -182 have been satisfied. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lino Lakes hereby approves the final plat for Pine Glen Second Addition. "'Passed by the Lino Lakes City Council this 12th day of March 2007. John J. Bergeson, Mayor ATTEST: Julie Bartell, City Clerk Adopted by the Lino Lakes City Council this 12th day of March, 2007. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. • • • • PINE GLEN 2ND ADDITION KNOW ALL MEN BY THESE PRESENTS: That, 23, LLC., o Minnesota limited liability company, fee owner and Landmark Community Bank, NA, o National Banking Association, mortgagee of the following described property situated in the County of Anoka, State of Minnesota, 10 wit: Ouhots 9, C, and D, PINE GLEN, Anoka County, Minnesota. Have caused the some to be surveyed and platted as P /NE GLEN 2ND ADDITION and do hereby donate and dedicate to the public for public use forever the easements for drainage and utility purposes as shown on this plat. CITY OF LINO LAKES COUNTY OF ANOKA SEC. 9, T31, R22. I hereby certify that / have surveyed and platted the property described on this plot as PINE GLEN 2ND ADDITION; that this plot is a correct representation of the survey; that all distances are correctly shown on the plat in feet and hundredths of a foot; that all monuments have been correct /y placed in the ground as shown or will be placed as required by the local governmental unit; that the outside boundary lines are correctly designated on the plat; and that there are no wetlands as defined in MS 505.02, Subd. 1, or public highway to be designated on said plat other than as shown. Bloke L. Rivard, Licensed Land Surveyor Minnesota License No. 19421 In witness whereof said 23, LLC., a Minnesota limited liability company, has caused these presents to be signed STATE OF MINNESOTA by its proper officer this day of , 200 . COUNTY OF By , Anthony J. Emmerich, Chief Manager STATE OF MINNESOTA COUNTY OF The foregoing instrument was acknowledged before me this day of 200 by Anthony J. Emmerich, as Chief Manager of 23, LLC., a Minnesota limited liability company, on behalf of the company. Notary Public County, Minnesota. My Commission Expires In witness whereof said Landmark Community Bank, N.A., a notional Banking Association has caused these presents to be signed by its proper officer this day of , 200 LANDMARK COMMUNITY BANK, N.A By Executive Vice President Kevin J. Whelan STATE OF MINNESOTA COUNTY OF The foregoing instrument was acknowledged before me This day of , 200 by Kevin J. Whelan as Executive Vice President of Landmark Community Bonk, N.A., o Notional Banking Association, on behalf of the association. Notary Public County, Minnesota. My Commission Expires MIDWEST Land Surveyors le Civil Engineers, Inc. The foregoing instrument was acknowledged before me this day of 200 by Bloke L. Rivard, Licensed Land Surveyor, Minnesota License Number 19421. Notary Public County, Minnesota. My Commission Expires The foregoing plat of PINE GLEN 2ND ADDITION was approved and accepted by the City Council of Lino Lakes, Minnesota, at a regular meeting thereof held this day of , 200 If applicable, the written comments and recommendations of the Commissioner of Transportation and the County Highway Engineer have been received by the City or the prescribed 30 day period has elapsed without receipt of such comments and recommendations, as provided by Minnesota Statutes Section 505.03, Subd. 2. CITY COUNCIL OF LINO LAKES, MINNESOTA By , Mayor By . Clerk Checked and approved this day of , 200 By , Anoka County Surveyor JAN 1 200 AKEF FILE COPY SHEET 1 OF 2 SHEETS , • • • PINE GLEN 2ND ADDITION DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: 5- 10-, 1 _ _ _ Li___ -5 BEING 5 FEET IN WIDTH AND ADJOINING LOT UNES, AND 70 FEET IN WIDTH AND ADJOINING REAR LOT LINES AND ADJOINING RIGHT-OF-WAY LINES UNLESS OTHERWISE SHOWN ON THE PLAT. -NW Corner / Sec.9-T3IN-R22W Anoka County Cost Iron Monument ./ io t,e; / 700 / / / / / L / / /1 , / • ( MIDWEST .45,32.09T 328.50 164 NOTES: FOR THE PURPOSES OF THIS PLAT INC SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SEC.9-T3IN-R22W 15 ASSUMED TO HAVE A BEARING OF N89'35.301V. 0 - DENOTES I/2 INCH DIA. BY 14 INCH IN LENGTH IRON PIPE MONUMENT THAT WILL BE su WITHIN ONE YEAR AFTER RECORDING OR SOONER AS SPECIFIED BY THE APPROVING LOCAL GOVERNMENTAL UNIT AND MARKED WITH A PLASTIC CAP INSCRIBED •RLS 19421•. • - DENOTES MONUMENT FOUND 14" - DENOTES ANOKA COUNTY MONUMENT 1 GRAPHIC SCALE so 0 40 81 Iso North Line S1/2 NWI/4-NWI/4 Seic.9-T3IN-R22W 1 1 1 1 4'34 to" 25 .52 o it 1.57 _64? crt,, .51 41 4 1 le S89'32 '09 "E 5 N89'3209w 7 -0 I 1 I 1,77-';,01 L S89'2. 49 E 356.95 T E E S89°28 '49"E S8 9'28 '4 9"E 42.50 4 ¶, h 5'1,146 , 1:5 4=1339.375 ..47: 39.45 j I ‘4.----k‘ R =1 65.83 '4 2 - -135.50 - 8 i 5 L so�i _ J r - -135.750- IE 6 L. _1 Rum, Cooperative Power Association Eosement 7 - 135.00 Per Doc. No 320796. S89'35 '30 "E 2 And Drainage and Utility Easement So7.1i1/ L e s--NVII/4-NWI/4 Sec. 9-T3IN-822W L SCALE 07 FEET 1 inch = 80 feet t 01700.52 %6933g" Drainage 1 n ./4. ;Z4 8 / qi •el //g. 9 re:7 1 r - -. -11- - -Y I I I I I I 6 1 1 tl I 4 d p 6 5 zi 1 gi :il 1- 1 1 1 I I L _ T. _ _1 L _ _ _ I "‘,... 15 r§9°78'i9T- 4'J. -2637615 3 115 „0-0- L _ 28191_ 2 0 i L _ - 1 I .3 I 2 .- -Rurol Cooperotive 2 27000 Land Surveyors & Civil Engineers, Inc. ..5) 8 ti) va" 7 -, r - - --\ '1.1) 6..) ....-...'.... ,01 ./......, 88353..52 ..../ .., 8 - - - - 50 - - I et.■ ;ONI i "4.\ 3k4 • `, 8 'io;„4,' 1'4 CITY OF LINO LAKE'S COUNTY OF ANOKA SEC. 9, T31, R22. 81/4 Corner 5ec.9-73IN-R22W Anoka County Cost Iron Monument 1334.52 North Line SI/2 NE1/4-NWI/4 Sec.9-T3IN-R22W Utility ,a sw-20" e 20-9 Eosement--, • CV „ /1-b 4,, -,..r..) 15 &I.3,.652.2e , .„6. 0 .....,:2?,...,) 1:-;y°14,z(t. 4:2, so. 45 ...• ....P o - -4; / / ..- 10..., \ ), ., '.... it •,.. Ill SO A 6 ht V, ..., .../ / 1 14 ,,,. 46,k, „.. 01 . 1§ 14 4 -10.-. - • ( 11 ......,, „I ...- \ \ < 5 51. ‘. 12 "...:1■ ..t:,:[; 1 3 . 4 3:67'14°711 ,... ..... ..--.‘ ‘... , \\ - -118 I I' I L__ __J vo,90 ,i 7.- 50.1 N8 35 30 "W 1 78.04 - 10 Power Association Eosemen Per Doc. Na i 320796.-- And Drainage and Utility <SGT. t 781 S8935 '30 "E. ts. 767977 710 41 \ 876. 95 Sv • 70,0r, ne \--NEV4-NM/4 Se.C.2-LIM-Lia• .="'"•••••2••••••••■,..,,. S11932.091,_ \I\ _971.92 35.00 c-3 N89 49 25 W 0. N89'35 '30"W t, • 102.60 T E T 60 12 iz FILE CrY r •_ JAN I c 200F -AKES F 2 SHEETS • • • • AGENDA ITEM 1 E STAFF ORIGINATOR: Julie Bartell, City Clerk DATE: March 12, 2007 TOPIC: Approve Application for Aquinas Roman Catholic Home Education Services to Conduct Excluded Bingo Event VOTE REQUIRED: Simple Majority (3/5 Vote) BACKGROUND: The City has received an application from the Aquinas Roman Catholic Home Education Services organization to conduct an excluded bingo event at St. Joseph's Church, 161 Elm Street, on April 14, 2007. Under Minnesota Statutes, Section 349.166, excluded bingo may be conducted by an organization that conducts four or fewer bingo occasions in a calendar year, or in connection with a county fair, the state fair, or a civic celebration if it is not conducted for more than 12 consecutive days. The Aquinas Roman Catholic Home Education Services organization meets this requirement. The organization also meets the requirements of the Lino Lakes City Code since the physical site where the organization regularly conducts its activities is located within the City (St. Joseph's Church). City policy requires a background check and the Lino Lakes Police Department conducted an investigation and found no reason to deny the application. The application, a certificate of non - profit status from the Internal Revenue Service and the results of the background check are on file in the city clerk's office. OPTIONS: 1. Approve the request to conduct the bingo event. 2. Deny the request. RECOMMENDATION: Option No. 1 • STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: AGENDA ITEM 3A Michael Grochala March 12, 2007 Consideration of Resolution No. 07-46, Approving Purchase Agreement with Holiday Stationstores, Lake Dr. /35W Interchange Reconstruction Parcel 12 -1 & 12 -2, Right of Way Plat No. 3 VOTE REQUIRED: Simple Majority BACKGROUND: The City of Lino Lakes is proceeding with the reconstruction of the Lake Drive /35W Interchange in 2007. As part of the proposed project the City identified the need to acquire right -of -way and /or easements from 16 parcels adjacent to the proposed improvements. The City Attorney has finalized a purchase agreement with Holiday Stationstores for the acquisition of parcels 12 -1 & 12 -2, City of Lino Lakes Right of Way Plat No. 3. The original appraised value for the parcel was $255,000. As set forth in the purchase agreement Holiday is agreeing to a purchase price of $206,885. Mr. Bill Hawkins, City Attorney, will be present to discuss the specifics of the agreement. RECOMMENDATION: Staff recommends approval of Resolution No. 07 -46. ATTACHMENTS 1. Resolution No. 07 -46 2. Purchase Agreement • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 07-46 RESOLUTION APPROVING PURCHASE AGREEMENT WITH HOLIDAY STATIONSTORES LAKE DRIVE/35W INTERCHANGE IMPROVEMENT PROJECT. WHEREAS, County State Aid Highway 23 (Lake Drive), within Lino Lakes, Minnesota, County of Anoka, is classified as an A Minor Arterial — Reliever; and WHEREAS, the City has determined that it is in the best interests of the traveling public to reconstruct the interchange at I -35W and County State Aid Highway 23 (Lake Drive) as soon as possible; and WHEREAS, the improvements consisting of constructing bridge, roadway, pedestrian facilities and utilities are herein determined necessary to provide for the improved safety and mobility of the traveling public; and WHEREAS, pursuant to a resolution adopted July 25, 2005, the City Council authorized the preparation of plans and specifications for the proposed improvements; and WHEREAS, pursuant to a resolution adopted August 28, 2006 the City Council approved City of Lino Lakes Right -of -Way Plat No. 3; and WHEREAS, Said plat identified fee simple interests, permanent easements and temporary construction easements over certain lands required to provide for said construction; and WHEREAS, the City has reached agreement for direct purchase of Parcels 12 -1 and 12 -2 of said plat NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Approves the purchase agreement with Holiday Stationstores in the amount of $206,885 and authorizes the Mayor and City Clerk to execute the agreement on behalf of the City. Julianne Bartell, City Clerk John J. Bergeson, Mayor • • • • Adopted by the Lino Lakes City Council this 12th day of March, 2007. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. • • PURCHASE AGREEMENT 1. PARTIES. This Purchase Agreement (the "Agreement ") is made on March 14, 2007, by and between Holiday Stationstores, Inc., a Minnesota corporation, of 4567 American Boulevard West, Minneapolis, MN 55437 ( "Seller "), and the City of Lino Lakes, a municipal corporation under the laws of the State of Minnesota, of 600 Town Center Parkway, Lino Lakes, Minnesota 55014 ( "Buyer "). 2. OFFER /ACCEPTANCE. Buyer agrees to purchase and Seller agrees to sell real property legally described as follows: Parcels 12 -1 and 12 -2, City of Lino Lakes Right -of -Way Plat No. 3, according to the map or plat thereof on file and of record in the office of the Anoka County Recorder or Registrar of Titles (the "Property "). 3. PRICE AND TERMS. The price for the real property included in this sale is Two Hundred Six Thousand Eight Hundred Eighty -Five and no /100 ($206,885.00) Dollars, which Buyer shall pay as follows: a. $1000.00, earnest money, paid herewith. b. $205,885.00 by wire transfer of immediately available funds due at the Date of Closing. 4. FURTHER CONSIDERATION. The Property is adjacent to land that will be retained by Seller and upon which Seller operates a convenience store (the "Store Property "). In further consideration of the sale of the Property to the City, the City agrees that for two years after the City completes the first lift of asphalt and Town Center Parkway is open to the public along the south boundary line of the Store Property, Seller shall be allowed a right turn only entry off of Lake Drive southbound traffic. Seller acknowledges that there may be temporary closings of the right turn entry lane during construction periods but said temporary closure shall only occur if access to Store Property exists from Town Center Parkway. Seller shall be responsible for closing and removing the right turn entry at the end of the two -year period. 5. DATE OF CLOSING. The Date of Closing shall be March 16, 2007, subject to any provision of this Agreement which provides for postponement of the Date of Closing. The closing shall be held at 10:00 a.m. Minneapolis time on the Date of Closing at the offices of First American Title Insurance Company or at such other place, date and time as Seller and Buyer may agree. 1 • • • 6. DEED /MARKETABLE TITLE. Upon performance by Buyer, Seller shall execute and deliver a Limited Warranty Deed in the form attached as Exhibit A. 7. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. Real estate taxes due and payable in the year of closing shall be paid by Seller. Buyer shall pay real estate taxes due and payable in the year following closing and thereafter. Seller shall pay all special assessments (and charges in the nature of or in lieu of such assessments) levied, pending or constituting a lien with respect to any of the Property as of the Date of Closing. Notwithstanding the foregoing, Buyer shall be responsible for all assessments that are levied or pending as a result of its development or proposed development of the Property. 8. POSSESSION. Seller shall deliver possession of the Property not later than Date of Closing. 9. EXAMINATION OF TITLE. Seller is not under any obligation to furnish abstracts of title, title reports, or title insurance policies with respect to the Property. Buyer shall have until the Date of Closing to raise objections to the marketability of Seller's title. Buyer shall not object to any of the Permitted Encumbrances. If Buyer objects to Seller's title, it must give Seller written notice on or before the Date of Closing, specifying the precise nature of the alleged title defects. Buyer shall be deemed to have waived any title objections not made within the period provided for above, except that this shall not operate as a waiver of Seller's covenant to deliver a Limited Warranty Deed. 10. TITLE CORRECTIONS AND REMEDIES. Seller shall have 120 days from receipt of Buyer's written title objections to make title marketable. Upon receipt of Buyer's title objections, Seller shall, within ten (10) business days, notify Buyer of Seller's intention of making title marketable within the 120 day period. 1- i_ensot encumbrances_f_or Liquidated amounts which can be releases) by payment or escrow from proceeds of closing shall not delay the closing. Cure of the defects by Seller shall be reasonable, diligent, and prompt. Pending correction of title, all payments required herein and the Date of Closing shall be postponed. A. If notice is given and Seller makes title marketable, then upon presentation to Buyer of documentation establishing that title has been made marketable, and if not objected to within ten (10) business days in the same manner as the original title objections, the closing shall take place within ten (10) business days or on the scheduled Date of Closing, whichever is later. B. If notice is given and Seller proceeds in good faith to make title marketable but the 120 day period expires without title being made marketable, Buyer may declare this Agreement null and void by notice to Seller, neither party shall be liable for damages 2 hereunder to the other, and earnest money shall be refunded to Buyer. C. If Seller does not give notice of intention to make title marketable, or if notice is given but the 120 day period expires without title being made marketable due to Seller's failure to proceed in good faith, Buyer may seek, as permitted by law, any one or more of the following: (1) To proceed to closing without waiver or merger in the deed of the objections to title and may undertake proceedings to correct the objections to title; (2) Rescission of this Agreement by notice as provided herein, in which case the Agreement shall be null and void and all earnest money paid hereunder shall be refunded to Buyer. D. If title is marketable, or is made marketable as provided herein, and Buyer defaults in any of the agreements herein, Seller may elect to, as permitted by law: (1) Cancel this Agreement as provided by statute and retain all payments made hereunder as liquidated damages. The parties acknowledge their intention that any note given pursuant to this Agreement is a down payment note, and may be presented for payment notwithstanding cancellation; • (2) Seek specific performance within six months after such right of action arises, including costs and reasonable attorney's fees, as permitted by law. E. If title is marketable, or is made marketable as provided herein, and Seller defaults in any of the agreements herein, Buyer may, as permitted by law: (1) Seek damages from Seller including costs and reasonable attorney's fees; (2) Seek specific performance within six months after such right of action arises. 3 • • • 1 1. SELLER'S CONTINGENCY. The obligations of Seller under this Agreement are contingent upon Seller receiving the required zoning approvals of the City Council of the City of Lino Lakes for redevelopment of the Store Property in a form satisfactory to Seller in its sole discretion. If satisfactory zoning approvals are not obtained by the Date of Closing, Seller must give Buyer written notice on or before the Date of Closing, and the Date of Closing shall be postponed. A. If the City has reached a final decision on Seller's applications for zoning approvals and that decision is not satisfactory to Seller, Seller may elect to: (1) Declare this Agreement null and void by notice to Buyer and retain all payments made hereunder as liquidated damages; (2) Proceed to closing without waiving any remedies Seller may have under law relating to the City's action on the zoning applications. B. If the City's review of Seller's applications for zoning approvals is still pending, Seller may postpone the Date of Closing until a final decision is made. If the decision is satisfactory to Seller, the closing shall take place within ten (10) business days of the City Council's decision. If the decision is not satisfactory to Seller, the provisions of paragraph 10.A shall apply. 12. CONDITION OF PROPERTY. Buyer, for Buyer and Buyer's successors and assigns, releases Seller from, and waives all claims and liability against Seller for, any environmental conditions at the Property and further releases Seller from, and_waiN s_ILELabili_ty _a_geinst_Seller attributable to, the environmental condition of the Property, including without limitation the presence, discovery or removal of any lead, asbestos containing materials or any other Hazardous Material in, at, about or under the Property, or for, connected with or arising out of any and all claims or causes of action based upon any Hazardous Materials Laws. Except as expressly set forth in this Agreement, Seller makes no representations or warranties whatsoever to Buyer regarding the presence or absence of any Hazardous Material. Buyer hereby acknowledges and agrees that it shall rely solely on the investigations, information, studies and reports prepared by or through Buyer, at its sole cost and expense, with regard to Hazardous Material. Buyer shall make such studies and investigations, conduct such tests and surveys, and engage such specialists as Buyer deems appropriate to evaluate fairly the Property and its risks from a Hazardous Material standpoint. The following terms shall have the meaning set forth below: 4 a. Hazardous Material. Including without limitation polychlorinated biphenyls, petroleum, including crude oil or any fraction thereof, petroleum products, heating oil, natural gas, natural gas liquids, liquified natural gas or synthetic gas usable for fuel, and shall include without limitation substances defined as "hazardous substances," "toxic substances," "hazardous waste ", "pollutants or contaminants" or similar substances under any Hazardous Materials Laws. b. Hazardous Materials Laws. The Comprehensive Environmental Response Compensation and Liability Act of 1980 ( "CERCLA "), 42 U.S.C. § 9601 -9657, as amended, or any similar state law or local ordinance, the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901, et seq., the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq., the Clean Air Act, 42 U.S.C. § 7401, et seq., the Clean Water Act, 33 U.S.C. § 1251 et seq., the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq., the Safe Drinking Water Act, 42 U.S.C. § 300(f) et seq., the Minnesota Environmental Response and Liability Act, Minn. Stat. § 155B, the Minnesota Petroleum Tank Release Cleanup Act, Minn. Stat. § 115C, all rules or regulations promulgated under any of the foregoing, any amendments of the foregoing, or any other federal, state, county, municipal, local or other statute, law, ordinance or regulation. 13. "AS IS" SALE. BUYER ACKNOWLEDGES THAT IT WILL HAVE ADEQUATE OPPORTUNITY TO INSPECT THE PROPERTY AND ACCEPTS THE RISK THAT ANY INSPECTION MAY NOT DISCLOSE ALL MATERIAL MATTERS AFFECTING THE PROPERTY. BUYER AGREES TO ACCEPT THE PROPERTY IN ITS "AS IS" "WHERE IS" AND "WITH ALL FAULTS" CONDITION AT CLOSING WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER, INCLUDING AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND • • WITHOUT ANY RIGHT OF SET -OFF OR REDUCTION IN THE PURCHASE PRICE. 14. PAYMENT OF COSTS. The Seller will pay the cost of preparation of the Limited Warranty Deed. The Buyer shall pay the State Deed Tax. Seller and Buyer shall each pay one half (1 /2) of any closing fee payable to the Title Company with respect to the transaction contemplated by this Agreement. 15. SIGN REMOVAL. The Seller shall have the right to remove any signs currently located on the Property by March 16, 2007. Thereafter the City can remove same and dispose of any debris in whatever manner it deems appropriate without any compensation to the Seller. 16. TIME IS OF THE ESSENCE. Time is of the essence for all provisions of this Agreement. 5 • 17. NOTICES. All notices required herein shall be in writing and delivered personally or mailed to the address as shown at paragraph 1 above and, if mailed, are effective as of the date of mailing. 18. ENTIRE AGREEMENT; MODIFICATION. This Agreement embodies the entire agreement and understanding between Seller and Buyer, and supersedes any prior oral or written agreements, relating to this transaction. This Agreement may not be amended, modified or supplemented except in a writing executed by both Seller and Buyer. No term of this Agreement shall be waived unless done so in writing by the party benefited by such term. 19. SURVIVAL; NO MERGER. The terms of this Agreement shall survive and be enforceable after the closing and shall not be merged therein. 20. SEVERABILITY. If any term of this Agreement or any application thereof shall be invalid or unenforceable, the remainder of this Agreement and any other application of such term shall not be affected thereby. 21. BINDING EFFECT. This Agreement shall inure to the benefit of and shall bind the respective heirs, executors, administrators, successors and assigns of Seller and Buyer. • 22. MINNESOTA LAW. This Agreement shall be governed by the laws of the State of Minnesota. 23. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one instrument. • The City of Lino Lakes agrees to buy the property for the price and terms and conditions above. set forth above. Holiday Stationstores, Inc. agrees to sell the property for the price and conditions set forth BUYER: SELLER: CITY OF LINO LAKES HOLIDAY STATIONSTORES, INC By: By: Its: Mayor Its: Assistant Secretary By: Its: City Clerk 7 LIMITED WARRANTY DEED orporation or Partnership to Corporation or Partnership Exhibit A Based upon Form 23 -M of the Minnesota Uniform Conveyancing Blanks (1/15/97) No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. (Date) by County Auditor Deputy DEED TAX DUE: $ Date: March , 2007 reserved for recordin• data FOR VALUABLE CONSIDERATION, HOLIDAY STATIONSTORES, INC., a Minnesota corporation, Grantor, hereby conveys and quitclaims to the CITY OF LINO LAKES, a municipal corporation under the laws of the State of Minnesota, Grantee, real property in Anoka County, Minnesota, described as follows: Parcels 12 -1 and 12 -2, City of Lino Lakes Right -of -Way Plat No. 3, according to the map or plat thereof on file and of record in the office of the Anoka County Recorder or Registrar of Titles. together with all hereditaments and appurtenances. This Deed conveys after - acquired title. Grantor warrants that Grantor has not done or suffered anything to encumber the property, except as specified on Exhibit A attached hereto and incorporated herein. Check box if applicable: The Seller certifies that the Seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document. ❑ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. • 8 HOLIDAY STATIONSTORES, INC Affix Deed Tax Stamp Here • By Name Its STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on March 2007, by , the of Holiday Stationstores, Inc., a Minnesota corporation, on behalf of the corporation. NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS): Faegre & Benson LLP (CEL) 2200 Wells Fargo Center 90 South Seventh Street Minneapolis, MN 55402 (612) 766 -7000 SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL Check here if part or all of the land is Registered (Ton-ens) 0 Tax Statements for the real property described in this instrument shoulID be sent to (include name and address of Grantee): fb. us.1850579.05 A -1 • • • EXHIBIT A TO DEED EXCEPTIONS 1. Building and zoning laws, ordinances, state and federal regulations. 2. Restrictions relating to use or improvement of the property without effective forfeiture provisions. 3. Reservation of any mineral rights by the State of Minnesota. 4. Limitation of access to Trunk Highway No. 35W in favor of the State of Minnesota as contained in Warranty Deed dated September 21, 1964, filed October 21, 1964, in Book 659 of Deeds, page 45, as Document No. 267858. 5. Limitation of access to Trunk Highway No. 35W acquired by the State of Minnesota as evidence of record by Final Certificate dated April 24, 1973, filed May 17, 1973, in Book 1033, page 243, as Document No. 389138. 6. Affidavit dated September 20, 1994, filed September 27, 1994, as Document No. 1136877. 7. Conditions of Amended Conditional Use Permit as evidenced of record by Certification of September 27, 1999 Council Meeting Minutes filed November 22, 1999, as Document No. 1471012. • 2 • STAFF ORIGINATOR: MEETING DATE: TOPIC: • BACKGROUND AGENDA ITEM 6.A Paul Bengtson March 12, 2007 Resolution 07 -40: Approving a Variance to the Arterial Road setback for a garage addition at 7300 Terra Court. Jeff Zeske and Susan Goepfert have requested approval of a Variance from the Arterial Road Setback (40 feet) to allow a garage addition that would be 30 feet from Apollo Drive. The proposed accessory building (garage) addition would meet the setback requirements from Terra Court and the rear lot line, but would encroach ten feet into the Apollo Drive setback. The Apollo Meadows subdivision is located on the south side of Apollo Drive just east of Sunset Road. At the time of construction the same setbacks were in place as they are today, yet the two homes on either side of the subject site received permits from the city and were constructed with 30 foot setbacks (one additional home in the subdivision that is adjacent to Apollo Drive was built with a 35 foot setback). ANALYSIS Comprehensive Plan, Land Use and Zoning: The table below identifies the existing land use and zoning as well as guided land uses for the area. Location Existing Land Use Guided Land Use Existing Zoning Site Residential Low Density Sewered Residential R -1 North Apollo Drive N/A N/A South Residential Low Density Sewered Residential R -1 East Residential Low Density Sewered Residential R -1 West Residential Low Density Sewered Residential R -1 Streets: Apollo Drive is a County State Aid Highway developed within a way. The Zoning Ordinance therefore classifies it as a major arterial roadway. existing road developed within a 60 foot right of way. As it serves only the ten it is considered a local street by the Zoning Ordinance. Setbacks: The lot is zoned R -1 (Single Family Residential) and is required t following setbacks established in the Zoning Ordinance: 100 foot right of Terra Court is an existing homes, From Streets: Local Street Collector or Arterial Street Side Yard: • Principal Building Accessory Building Thirty (30) Feet Forty (40) Feet Ten (10) Feet Five (5) Feet Rear Yard: Principal Building Accessory Building o adhere to the Thirty (30) Feet Five (5) Feet Findings: • State law requires the following finings to be made in order to grant the approval of a variance. Staff has revised the findings to reflect the comments of the Planning and Zoning Board, and attached them to the report as part of Resolution 07 -40. • • RECOMMENDATION Staff took the application to the Planning and Zoning Board with a recommendation of denial. The Planning and Zoning Board recommended approval on a vote of 5 -1, with the following condition: 1. All materials and construction methods for the proposed addition shall match that of the existing dwelling. This review is based on the following plans and information: Goepfert/Zeske submittal packet received January 16, 2007 • • • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 07-40 RESOLUTION APPROVING A VARIANCE TO THE ARTERIAL STREET SETBACK FOR THE PROPERTY AT 7300 TERRA COURT. WHEREAS, the City has received an application for a garage addition to the attached garage at 7300 Terra Court; and WHEREAS, the development requires approval of a variance to the arterial street setback of 40 feet; and WHEREAS, a public hearing was held before the Planning & Zoning Board on February 14, 2007; and WHEREAS, as required by Section 2, Subd. 4 of the zoning ordinance, the City Council made the following findings of fact regarding both lots: a. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The property is currently developed with a single family home that can easily be put to a reasonable use without the addition of a third garage stall. b. That the plight of the landowners is due to physical circumstances unique to his property not created by the landowner. While the property is a corner lot and is therefore subject to increased setback standards, there is no physical circumstance unique to this property that was not created by the placement of the structure at time of construction. c. That the hardship is not due to economic considerations alone if reasonable use for the property exists under the terms of the ordinance. The request made by the property owner has nothing to do with economic considerations; the placement of the home on the lot when it was constructed simply prohibits the addition of a third stall to the attached garage under the strict enforcement of the zoning ordinance. d. That granting the variance requested will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. • • • As the homes on either side of this property were constructed at reduced setbacks, granting this variance to allow an addition that will not encroach further than the two adjacent homes will not confer on the applicant any special privilege. e. That the proposed actions will be in keeping with the spirit and intent of the ordinance. The spirit and intent of the setbacks required by the ordinance is to allow separation between roadways and homes and to increase visibility at intersections. Allowing this home to continue the trend of reduced setbacks along Apollo Drive is in keeping with that spirit and intent as it does not encroach any further than the homes on either side of the property. NOW, THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes hereby approves the Variance to the Arterial Street Setback for the proposed garage addition to the home at 7300 Terra Court to which the following conditions of approval apply: 1. All materials and construction methods for the proposed addition shall match that of the existing dwelling. 2. This review is based on the application materials submitted by the applicant on January 16, 2007. Passed by the Lino Lakes City Council this 12th day of March 2007. John J. Bergeson, Mayor ATTEST: Julie Bartell, City Clerk Adopted by the Lino Lakes City Council this 12th day of March, 2007. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. RECEIV JAN 1 6 2007 i CITY OF LINO LAKI-= C I • CERTIFICATE OF SURVEY • SWENSON LAND SURVEYING 827 Norwood Street RONALD J. SWENSON Anoka, Minnesota 55303 TELEPHONE REGISTERED LAND SURVEYOR (612) 427 -1020 SURV 41i cL w EYFOR: 6EMLER. HOMES 0 cn Z x9oG— APOLLO D RNE iv237 ° ¢8 471E /62.00 v90<-11 x 908` 30.0 0 0 44.0 0 0 9«-- loc.9 X i 0 3o .0 Zo.7,3\S 1 ^i 21.G7 2l.Cl Q -? ITN3O x 22.33 9012 4-4.0 +r s 03 O x9015 7 C 2 cL uJ -x90(.1 s';9071 x 90 7 G d 1/87°48 '47'EE • /Z.00 • Denotes Iron Monuments Found O Denotes Iron Monuments Set Scale 1 Inch equals 4° feet Book 12-0 Page ■B Invoice No 1934 • • // 907 ¢ FILE COPY PROPOSED. GRADES TOP OF FOUNDATION = 903.8 DENOTES EXISTING ELEVATION x900.0 GARAGE FLOOR = 908.5 DENOTES PROPOSED GRADES {900.0} LOWEST FLOOR = 905.6 DENOTES SURFACE DRAINAGE I hereby certify that this is a true and correct representation of a survey of the boundaries of: Lot 38, Block 1, APOLLO MEADOWS, Anoka County, Minnesota. It does purport to show improvements or encroachments, if any. As surveyed by me this 20th day of May, 1993. Ronald J. Swenson, Registered_ _d Surveyor, MN. License � -o e No. 13297 Background In May of 1993, we contracted with Semler Homes to bud a house at 7300 Terra Court in Lino Lakes, Minnesota. This was the first house to be constructed on this particular cul -de- sac. The original house plan presented to us included a 3 -car garage (see Fig 1.) Fig. 1 Original architect drawing showing proposed home with 3 -car garage Due to financial limitations at the time of construction, several cuts were made to keep the building project in line with our budget. These cuts included, but were not limited to, not installing central air conditioning at the time of construction, eliminating the box window in the living room, eliminating the decorative brick on the exterior of the building, and constructing only a 2 car garage rather than a 3 stall garage (see Fig. 2) r:a0000a i FRONFF- NfEST) EE =TCO I— FILE COPY RECD 1J 1) 1 JAN 1 6 2007 CITY OF LINO LAKP Fig. 2 Architect drawing showing proposed home (home that was eventually built) with 2 -car garage. During construction, we understood that while we could not afford any of the above mention options, we would have the opportunity to add them in the future when money was available. ORM r:a0000a i FRONFF- NfEST) EE =TCO I— FILE COPY RECD 1J 1) 1 JAN 1 6 2007 CITY OF LINO LAKP Fig. 2 Architect drawing showing proposed home (home that was eventually built) with 2 -car garage. During construction, we understood that while we could not afford any of the above mention options, we would have the opportunity to add them in the future when money was available. • • • While conducting research for this project and completing this variance request, the City of Lino Lakes Zoning Ordinance 08 -03 was reviewed, specifically Section 6, Subdivision 1, Section B, Item 4a, describing setbacks. Item 4a provides setbacks from local streets are a minimum of 30 feet and collector or arterial streets is 40 feet. According to the survey on file for our property, the minimum setbacks were met. However after reviewing a recent aerial photo of our property and the surveys on file for the properties to the immediate east and west of the our property, it is obvious that the minimum setbacks were not enforced for these parcels (see Fig. 4 - red line shows minimum set back required by City of Lino Lakes Zoning Ordinance 08- 03). It is reasonable to believe that if the subject property were constructed as originally proposed with the 3 -stall garage, the minimum setback from the collector or arterial street would have been breached. We are asking at this time that we be allowed the same rights enjoyed by our neighbors. , (000e. jectproperty o Fig. 4. Aerial photo of subject property and surrounding properties showing minimum setbacks. - 4 2 - FILE COSY RECEIVED JAN 1 6 2007 CITY OF LINO LAKES • • Proposal, We are requesting a variance to add a 3rd stall garage onto our existing dwelling. In order to preserve windows presently located on the north side of the dwelling, the roof line and gable must be constructed differently than the original design. The new design will allow for a deeper garage and additional storage space (see Fig 3. and Fig 4. with proposed 3rd stall addition). Fig. 3 Architect drawing showing proposed 3`d stall addition. LEFT (NORTH) ELEVATION Fig. 4 Architect drawing showing proposed 3rd stall addition. FILE COP R EC I JAN 1 .t 2007 cm/ OF !AO ' WES In order to proceed with the construction, we are requesting a variance that will allow us to build 10 feet into the northern or collector /arterial street setback. The construction of the garage will not affect the setback on the city street. PROPOSED GARAGE • EXISTING GARAGE • FLOOR PLAN FILE COPY RECEN JAN H 2007 i CITY OF LINO L., =,KPs I NORTH Narrative Information: describing the unique hardship associated with the property, which warrant the consideration of the variance. All variances are evaluated against the following criteria: 1. That the property in question cannot be put to reasonable use under the conditions allowed by official controls. • We planned to construct a 3rd stall garage onto the north side of our house and property. We subsequently learned that, based on the minimum setback requirements as set forth in the City of Lino Lakes Zoning Ordinance No. 08 -03, the property in question cannot be put to any use as the house on the property is constructed at the minimum setback requirements for both the city street and the arterial street. If the ordinance is enforced, we will be prevented from constructing the third garage stall. 2. That the plight of the landowner is due to physical circumstances unique to the property, not created by the landowner. • It is reasonable to believe that if the current house was constructed as originally proposed with the 3 -stall garage, the minimum setback from the collector or arterial street would have been violated. Our house would have been placed on the property in a similar manner to the houses to the immediate east and west of our property, thus exceeding the 40 foot setback as required by City of Lino Lakes Zoning Ordinance. We are asking that we be allowed the same opportunity currently enjoyed by our neighbors, and which we would have enjoyed had we built the garage at the time of construction. • 3. That the hardship is not due to economic consideration alone, if a reasonable use for the property exists under the terms of the ordinance. • Construction of a garage on the northern side of the existing dwelling is a reasonable use for this part of the property. The construction of an additional single story garage will not create a visual barrier or present a safety hazard for the city or arterial street. • Dwellings located to the immediate east and west of our property were clearly constructed outside of the minimum setback requirements for an arterial street. • Construction of an additional single story garage would not exceed in any way, the setback requirements for the city street. 4. That granting the variance requested will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. • JAN 1 5 2007 CITY OF LINO LAKES • Many of the homes on the street and in the surrounding neighborhood were originally constructed with 3 -car garages. We request the opportunity to enjoy the same privileges shared by our neighbors. Additionally, granting a variance and allowing construction into the minimum setback limits to the north by 10 feet will bring our dwelling in -line with the dwellings located immediately to the east and west of our property. - 4 5 - FILE COPY • • • • An alternate location for a free standing garage does exist on our property to the west of the existing dwelling. However, considerable excavation and tree removal would be required to make this part of the property usable. In addition, the existing driveway would need to be routed around the exterior of the dwelling and through a fence line to access the area. 5. That the proposed actions will be in keeping with the spirit and intent of the ordinance. • The ordinance is not intended to prevent the construction of homes with three car garages and in fact, a majority of the homes near us on Tots of a similar size have three car garages. Additionally, the ordinance is not intended to prevent homeowners from making upgrades or additions to their homes. • Construction of a 3rd stall garage will not cause us to encroach on the arterial road any more than the properties to the east and west of our property. It will also not render any changes to the minimum setback requirements for the city street. Keeping in spirit with the ordinance, a variance will allow us all to enjoy the same privileges and opportunities as our neighbors to the east and west. RECER'ED 1 JAN 1 6 2007 CITY OF LINO LAKES FILE COPY • • • AGENDA ITEM 6.B STAFF ORIGINATOR: Paul Bengtson MEETING DATE: March 12, 2007 TOPIC: Resolution 07 -41 • Conditional Use Permit Amendment for Interim Improvements • Preliminary Plat for a two lot commercial subdivision • Motor Fuel Station and Car Wash Conditional Use Permits Holiday Station stores - 7509 Lake Drive BACKGROUND The City of Lino Lakes in partnership with Anoka County and the Minnesota Department of Transportation are completing plans for the reconstruction of the Lake Drive and I -35W Interchange. Construction is anticipated to start in April /May of 2007. During the past year the City has been working with adjacent property owners to acquire needed right -of -way for the project. In addition to right of way acquisition from the Holiday property the City will be removing the two existing accesses from Lake Drive as part of the project. New access to the store will be provided from the proposed westerly extension of Town Center Parkway. Holiday has been supportive of the road improvement project and acquisition process. As part of the acquisition process Holiday is requesting approval of changes to the existing site to facilitate this transition. This application will not only establish interim improvements in the form of some amendments to the existing Conditional Use Permit that are necessitated by the city improvements, but will also establish the means for Holiday to divide the property to sell an outlot for development, and ultimately new Conditional Use Permits are requested for a Motor Fuel Station with Car Wash to rebuild the existing site with a new facility. SITE DETAILS Comprehensive Plan, Land Use and Zoning: The table below identifies the existing land use and zoning as well as guided land uses for the area. Location Existing Land Use Guided Land Use Existing Zoning Site Motor Fuel Station Commercial GB (General Business) North Interstate 35W NA (Right of Way) NA (Right of Way) South Single Family Dwelling Commercial GB (General Business) East Lake Drive NA (Right of Way) NA (Right of Way) West Interstate 35W NA (Right of Way) NA (Right of Way) • • The comprehensive plan guides the site for Commercial development. The site is within the stage 1 (pre -2010) growth area and within the existing MUSA boundary. Public water and sanitary sewer are available along the south property line and will occupy a portion of the Town Center Parkway alignment. Interim Improvements: The existing Conditional Use Permit allowing fuel sales on the site needs to be modified slightly to allow the facility to properly operate in conjunction with the Lake Drive /Town Center Parkway improvement project, and also to allow for the installation of two additional gasoline pumps. The Lake Drive reconstruction will require the existing pylon sign to be relocated as shown on the plans. Upon completion of the improvements the City and County have worked out an arrangement for one of the existing drives on Lake Drive to be closed immediately and the other to be closed within specific timeframe. These types of site changes also affect the existing Conditional Use Permit and will be clearly outlined in the conditions of approval and subsequent resolution. The Town Center Parkway construction project will provide access to the south side of the site and will require the removal of some curbing and parking area to allow proper circulation. The site will still provide 17 parking spaces which is adequate for the existing facility. The Lino Lakes City Council approved a Conditional Use Permit on the site for the reconstruction of the Motor Fuel Station on May 11, 1992, and an amendment to that Conditional Use Permit on September 27, 1999. This amendment was to allow the two additional pumps that were installed prior to city approval, to be turned on for use by the station. The following conditions were part of the 1999 approval: 1. Proper permits are obtained from all affected agencies. 2. The City Engineer reviews the ponding survey to confirm compliance. 3. Site lighting shall conform to the requirements of the Zoning Ordinance in relation to light and glare and the applicant shall supply a photometric lighting plan to confirm compliance. 4. A 6 foot board on board fence shall be installed along the south property line to the south/west corner of the site. Additional evergreens shall be planted along the new fence line to provide a double row of evergreens, 10 feet apart. • 5. Conditions 1 through 8, contained in the original permit, granted May 11, 1992, shall be made a part of this permit (conditions attached). 1. A curb barrier is to be provided to the east side of the site's southernmost row of parking as illustrated on Exhibit C. 2. Curb cut widths subject to the approval of the City Engineer. 3. Additional landscaping is provided to the south of the southernmost truck parking stall including trees from the end of the fence to the westernmost and /or the truck parking area. 4. An assurance is made that the proposed screening fence is of a variety which will produce an effective 50% screen, a double row of evergreens, 10 feet apart, balled and burlapped. 5. The car wash shall not be constructed until such time as sewer and water is available, or an acceptable recycle system is devised to accommodate 100% of the water from the car wash. 6. Drainage and utility plans are subject to approval by the Rice Creek Watershed District. 7. Dispensing devices are in clear view of attendant at all times per section 10.903 of the State Fire Code. 8. City Council review and approve signage proposal. Staff recommends the following: a. Pylon - Existing pylon sign be raised to 65 feet as allowed by Ordinance. b. Ground Sign - Would be processed for a variance for the new downsized sign if determined to be necessary by the City Attorney. (May 26, 1992 regular Council meeting, City Attorney determined that a variance is needed if the sign is to be reduced in size. A variance would not be needed if present sign remains at the current site and not reduced in size.) c. Wall Signage - Lighted portion of sign be allowed as proposed with elimination of lighting of the building and diesel canopy to the south. d. No additional signage allowed on site without an amended conditional use permit. 6. All conditions of approval shall be met prior to start-up of the two (2) new pump islands. 7. No tuck maintenance will be allowed on the site. 8. Parking shall not be allowed along the south border of the property and in any unmarked Illspaces. Signs shall be installed to indicate the no parking zones. • • 9a. Three (3) parking spots on the south end of the site will be eliminated leaving only seven (7) parking spots, or 9b. The Oasis Market /Amoco will relocate the pond to the south side of the site leaving ten parking spots on the north end of the site. 10. MPCA testing will be conducted on an annual basis relating to noise and lighting. The applicant has worked with city staff to alleviate the truck parking on site and therefore the screening that was required in the past is no longer necessary. As such the applicant is requesting that these requirements be eliminated (staff would recommend condition numbers 4, 5.3, 5.4, 5.5, and 9 be removed to accommodate the request). Compliance with all other conditions will be required prior to the issuance of building permits for the two additional fuel pumps. Preliminary Plat Details: Gross Area 3.79 acres Right of Way .32 acres Net Area 3.47 acres The proposed lots meet all of the requirements for area and street frontage for the GB (General Business) zoning district as set forth in the Zoning Ordinance. Easements are correctly depicted on the Preliminary Plat for the typical property boundaries and for the sewer and water mains, but Drainage and Utility easements need to cover all drainage ponds prior to the approval of the final plat. Joint Access easements also need to cover the driveway shared by both lots. Additionally, the final plat will need to clearly grant right of access to Anoka County along the Lake Drive frontage. Lot 2 will be subject to a site plan review prior to any development occurring on the site. Holiday Lot (Lot 1) Lot 2 Lot Area 92,679 sf 59,587 sf Pervious Area 40,700 sf 44% 30,639 sf 51% Impervious Area 51,979 sf 56% 28,948 sf 49% Building Area 5,543 sf 6,500 sf The proposed lots meet all of the requirements for area and street frontage for the GB (General Business) zoning district as set forth in the Zoning Ordinance. Easements are correctly depicted on the Preliminary Plat for the typical property boundaries and for the sewer and water mains, but Drainage and Utility easements need to cover all drainage ponds prior to the approval of the final plat. Joint Access easements also need to cover the driveway shared by both lots. Additionally, the final plat will need to clearly grant right of access to Anoka County along the Lake Drive frontage. Lot 2 will be subject to a site plan review prior to any development occurring on the site. New Facility: CONDITIONAL USE PERMITS For the purposes of clarity, staff has recommended that the applicant request new conditional use permits for a Motor Fuel Station and Automatic Car Wash on Lot 1 of the preliminary plat. Both of the proposed uses are listed as conditional uses within the GB (General Business) zoning district. Below are the conditions listed within Section 7 Subdivision 3.H for both of the proposed uses, and comments indicating the level of conformance with the conditions as depicted on the submitted plans: Motor fuel stations provided that: a. Motor Fuel Facilities. Motor fuel facilities shall be installed in accordance with State and City standards. Additionally, adequate space shall be provided to access fuel pumps and allow maneuverability around the pumps. Underground fuel storage tanks are to be positioned to allow adequate access by motor fuel transports and unloading operations which do not conflict with circulation, access and other activities on the site. Fuel pumps shall be installed on pump islands. b. Architectural Standards. III1) As a part of the conditional use permit application, a color illustration of all building elevations shall be submitted. The applicant has submitted a colored elevation which will be available at the work session and city council meeting. 2) The architectural appearance, scale, and functional plan of the building(s) and canopy shall be complementary and compatible with each other and the existing buildings in the neighborhood setting. The canopy will be shorter than the principal building and is finished with the same materials. 3) All sides of the principal and accessory structures are to have essentially the same or a coordinated harmonious finish treatment pursuant to Section 3, Subd. 4.B of this Ordinance. All sides of both structures will have a cohesive design that doesn't vary from side to side. • • • • 4) Exterior wall treatments like brick, stone (natural or artificial), decorative concrete block and stucco shall be used. The pillars for the canopy and the majority of the principal building are shown to be built with brick. The base of both structures is finished in rock faced cmu. 5) Earth tone colors of exterior materials including the canopy columns shall be required. "Earth tone colors" shall be defined as any various soft colors like those found in nature in soil, vegetation, etc., such colors are limited to brown, black, gray, tan, beige, brick red, soft green, soft blue, or white. The entire building will be constructed with variations of browns, with the addition of some accent color around the car wash tunnel entrance and exit. 6) Ten (10) percent of the building facade may contain contrasting colors. Contrasting colors shall be those colors not defined as earth tones. The canopy may have contrasting color bands or accent lines not to exceed an accumulative width of four (4) inches. The color bands shall not be illuminated. Contrasts are provided on both structures between the EIFS finish, brick, and rock faced cmu. With additional contrast on the entrance and exit of the car wash tunnel. c. Canopy. A protective canopy structure may be located over the pump island(s), as an accessory structure. The canopy shall meet the following performance standards: 1) The edge of the canopy shall be thirty (30) feet or more from the front and /or side lot line, provided that adequate visibility both on -site and off -site is maintained. The Canopy is located a minimum of forty feet from any property line and visibility will not be affected by its proposed location. 2) The canopy shall not exceed eighteen (18) feet in height and must provide fourteen (14) feet of clearance to accommodate a semi - trailer truck passing underneath. The canopy is 14.5 feet from grade and would be 18 feet in height as shown. 3) The canopy fascia shall not exceed three (3) feet in vertical height. The fascia depicted on the elevations is exactly three feet in vertical height. • 4) Canopy lighting shall consist of canister spotlights recessed into the canopy. No portion of the light source or fixture may extend below the ceiling of the canopy. Total canopy illumination may not exceed one hundred fifteen (115) foot candles below the canopy at ground level. The lighting submitted is a mixture of recessed canister lights and recessed spotlights directed on the pumps themselves. The photometric plan depicts a maximum illumination of 95.1 foot candles below the canopy. 5) The architectural design, colors, and character of the canopy shall be consistent with the principal building on the site. Both structures on the site are very consistent in design, colors and materials. 6) Signage may be allowed on a detached canopy in lieu of wall signage on the principal structure, provided that: a) The individual canopy sign does not exceed more than twenty (20) percent of the canopy facade facing a public right -of -way. The signage depicted on the canopy is clearly less than 20 percent of the facade. • 7) Canopy posts /sign posts shall not obstruct traffic or the safe operation of the gas pumps. The canopy supports and sign posts will not cause any obstruction of site circulation. d. Pump Islands. Pump islands shall comply with the following performance standards: 1) Pump islands shall be elevated six (6) inches above the traveled surface of the site. The pump islands are depicted with a full street curb which will provide the six inches of separation from the traveled surface. 2) All pump islands shall be set at least thirty (30) feet back from any property line. Additionally, the setback between the pump islands curb face must be at least twenty -four (24) feet. The pump islands are depicted as being a minimum of 45 feet from any property line and they are set exactly twenty four feet apart. • • • e. Dust Control and Drainage. The entire site other than taken up by a building, structure, or plantings shall be surfaced with asphalt, concrete, cobblestone, or paving brick. Plans for surfacing and drainage shall be subject to approval of the City Engineer. Drainage from all fueling areas shall be directed to an oil /grit separator. Minimum design standards for the oil /grit separator shall include the following: 1) A minimum of four hundred (400) cubic feet of permanent pool storage capacity per acre of drainage area. 2) A minimum pool depth of four (4) feet. 3) A minimum oil containment capacity of eight hundred (800) gallons. 4) Minimum maintenance /inspection of two (2) times per year and /or after measurable spill events. A measurable spill shall be defined by the Minnesota Pollution Control Agency (MPCA). Any measurable spill event must be reported to the MPCA. The applicant is required to submit details on the oil /grit separator with the construction documents. f. Landscaping. 1) At least twenty -five (25) percent of the lot, parcel or tract of land used exclusively for the gas sales facility shall remain as a grass plot, including trees, shrubbery, plantings or fencing and shall be landscaped. Required minimum green area should be emphasized in the front and side yards abutting streets or residential property. The site plan indicates 51% of the site is pervious, with large landscape islands along the three rights of way providing a vast majority of the pervious area. 2) At the boundaries of the lot, the following landscape area shall be required: a) From side and rear property lines, an area of not less than ten (10) feet wide shall be landscaped in compliance with Section 3, Subd. 4.Q of this Ordinance. With the exception of the west property line which is covered by a shared drive, landscape islands of at least 15 feet in width are provided on all property lines. • g. • • b) From all road rights -of -way, an area of not less than fifteen (15) feet wide shall be landscaped in compliance with Section 3, Subd. 4.Q of this Ordinance. Landscape islands of at least 15 feet in width are provided on all property lines abutting Town Center Parkway, Lake Drive, and Interstate 35W. c) Where lots abut residentially zoned property, a buffer yard of not less than twenty (20) feet wide shall be landscaped and screened in accordance with Section 3, Subd. 4.Q of this Ordinance. The site is not adjacent to any residential zoning districts. d) The property owner shall be responsible for maintenance of all landscaping, including within the boulevard. The site performance agreement will require maintenance of all landscaping and the boulevard areas in accordance with city standards Exterior Lighting. The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right -of -way and shall be in compliance with Section 3, Subd. 4.F of this Ordinance. A comprehensive lighting plan shall be submitted as part of the conditional use permit application, and shall be subject to the following performance standards: 1) Canopy Lighting. Canopy lighting shall only be permitted under the canopy structure, and shall consist of canister spotlights recessed into the canopy. No portion of the light source or fixture may extend below the ceiling of the canopy. Total canopy illumination below the canopy may not exceed one hundred fifteen (115) foot candles at ground level. The lighting submitted is a mixture of recessed canister lights and recessed spotlights directed on the pumps themselves. The photometric plan depicts a maximum illumination of 95.1 foot candles below the canopy. 2) Perimeter Lighting. Lighting at the periphery of the site and building shall be directed downward, and individual lights shall not exceed fifteen (15) foot candles at ground level. The applicant submitted parking lot lighting that is downward directed, shielded and does not exceed 15 foot candles. The building lighting includes a slight uplighting affect, but does not exceed the 15 foot candle maximum. • • 3) Illumination. Maximum site illumination shall not exceed four - tenths (.4) foot candle at ground level when measured at any boundary line with an adjoining residential property or any public property. The maximum foot candle at the east property lines appear to exceed the 0.4 foot candle maximum and revised lighting plans indicating the property line after right of way dedication will need to address this issue. 4) Access. Vehicular access points shall create a minimum of conflict with through traffic movement and shall comply with Section 3, Subd. 5 of this Ordinance. The access points were designed in conjunction with the Lake Drive /Town Center Parkway improvement plans and therefore will not cause any circulation issues or traffic movement issues. h. Circulation and Loading. The site design must accommodate adequate turning radius and vertical clearance for a semi - trailer truck. Designated loading areas must be exclusive of off - street parking stalls and drive aisles. A site plan must be provided to illustrate adequate turning radius, using appropriate engineering templates. The radius for the access points and within the site will provide adequate turning movements for semi - trailer trucks. i. Parking. 1) Parking spaces shall be calculated solely based upon the use(s) and the square footage of the principal building(s). Parking Figure Code Requirement Spaces Required Spaces Provided Retail 2,880 s.f One (1) space for every 200 s.f. 15 Car Wash None required in addition to the motor fuel station parking 0 Motor Fuel Station Four (4) spaces plus one (1) for every employee 8 Total 23 26 The site is currently over parked by 3 spaces. This is based on the assumption of four employees on the maximum shift, which could fluctuate. Additionally, the vacuum station on the west side of the building will likely limit the regular use of those two spaces by typical patrons. 2) Parking spaces shall be screened from abutting residential properties in compliance with Section 3, Subd. 4.Q of this Ordinance. The site is not adjacent to any residential zoning districts. • J• Noise. Public address system shall not be audible at any property line. Play of music or advertisement from the public address system is prohibited. Noise control shall be required as regulated in Section 3, Subd. 4.J of this Ordinance. The noise level of the PA system can not be judged until installed. The system will be tested prior to the issuance of a certificate of occupancy for the structure. k. Outside Storage, Sales and Service. No outside storage or sales shall be allowed, except as follows: 1) Public phones may be located on site as long as they do not interrupt on -site traffic circulation, and are not located in a yard abutting residentially zoned property. There are no payphones indicated on the plan, though the details on the site plan indicate an exterior payphone option. If any are planned in the future they will need to meet this requirement and the location will need to be approved by the city prior to any installation. 2) Propane sales of twenty (20) pound capacity tanks may be located outside provided the propane tanks are secured in a locker and meets all State Uniform Building and Fire Codes. • Large, bulk sale propane tanks must meet all applicable building and fire code requirements. The location of the propane display on the southeast corner of the building (visible on the floor plan) will not restrict pedestrian traffic, but conformance with the building and fire codes must yet be verified prior to installation. 3) A compressed air service area may be located on site as long as it does not interrupt on -site traffic circulation. The compressed air service area is located adjacent to the front of the building and any user would need to park in the parking spaces provided south of the building to access the hose. This will not interrupt on -site vehicular circulation in any way. 4) Accessory outdoor services, sales, or rental as regulated by Section 7, Subd. 3.G.6 of this Ordinance. The Outdoor display of product is depicted directly in front of the entrance on the floor plan and will not restrict pedestrian traffic. A recommended condition will limit outdoor display to this area only. • • • • 1. Litter Control. The operation shall be responsible for litter control on the subject property, which is to occur on a daily basis. Trash receptacles shall be provided at a convenient location on site to facilitate litter control. The plans specify a trash receptacle at the building's entrance, within each gas pump island, and at the vacuuming station on the west side of the building. m. Additional Stipulations. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request finds that the general welfare and public betterment can be served as well or better by modifying or expanding the conditions set forth herein. The Council may establish additional stipulations as part of the review of this request. Those items would need to be addressed with revised plans prior to approval, or could be conditioned as part of the approval document and enforced at time of construction. Commercial car washes (drive - through, mechanical and self - service) provided that: a. The site is serviced by municipal sanitary sewer. The site currently has access to a sanitary sewer main which is located within the future Town Center Parkway right of way. b. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or areas as to cause impairment in property values or constitute a blighting influence. The building and the canopy are heavily clad in brick with EIFS accents. The building will be a clear improvement over the existing facility and will blend well with the properties on the east side of Lake Drive and the future development of the surrounding area on the east side of Lake Drive. c. Magazining or stacking space is constructed to accommodate that number of vehicles which can be washed during a maximum thirty (30) minute period and shall be subject to the approval of the City Engineer. The submitted plans do not indicate queuing spaces for the car wash, however the area dedicated to car wash circulation is over 160 feet in length which would accommodate approximately 8 vehicles which would equate to roughly 3.8 minute long wash cycles. Confirmation that this will be met on the site will be required. d. At the boundaries of a residential district, a strip of not less than five (5) feet shall be • landscaped and screened in compliance with Section 3, Subd. 4.Q of this Ordinance. • • The site is not adjacent to any residential zoning districts. e. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with Section 3, Subd. 4.Q of this Ordinance The site is not adjacent to any residential zoning districts. f. The entire area other than occupied by the building or plantings shall be surfaced with material which will control dust and drainage which is subject to the approval of the City Engineer. g. The entire site shall be planted with sod or seed that will assist in the control of dust and drainage from the site. The entire area shall have a drainage system which is subject to the approval of the City. The site will feed into the storm and sanitary sewer systems. h. All lighting shall be hooded and so directed that the light source is not visible from the public right -of -way or from an abutting residence and shall be in compliance with Section 3, Subd. 4.F of this Ordinance. The applicant submitted parking lot lighting that is downward directed, and appropriately shielded. The building lighting includes a slight accent uplighting. i. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movement and shall be subject to the approval of the City Engineer. J• The project is partially being driven by the Town Center Parkway and Lake Drive improvement project which will initially close the southern existing access point and allow access to the no_ rthern existing access point for a set period of time. After that is removed all access to the site will be off of Town Center Parkway and will greatly improve traffic movement in the area. Provisions are made to control and reduce noise. Typical MPCA standards will apply to the site and will be confirmed if noise levels exceed those anticipated for this type of development. This will specifically include the PA system. • • • SITE DESIGN FOR THE NEW FACILITY Setback Requirements The proposed building meets or exceeds all of the setback requirements for the GB (General Business) zoning district. Building Elevations The building materials used for the proposed structures include a base of rock faced CMU, brick covering of the canopy supports and building face, and EIFS finish for the canopy facade /top and building accents. All of these materials conform to the requirements of the zoning ordinance. Building Height According to the Zoning Ordinance, no building within the GB (General Business) zoning district may exceed 45 feet in height. At a maximum height of approximately 20 feet, 10 inches in height, the proposed motor fuel station and car wash complies with the ordinance. Landscaping The landscaping plan is conforming to the minimum requirements of the Zoning Ordinance, and the applicant has added a hedge row along the south end of the southern parking area to limit the overflow of vehicle headlights onto Town Center Parkway and to improve the livability of the existing residential property on the south side of Town Center Parkway. Green Area The GB (General Business) zoning district requires that impervious surface coverage not exceed 75 %. Plans currently show the Holiday Store with an impervious surface coverage of 56% and Lot 2 with an impervious surface coverage of 49 %, both within the limitations of the district. Access /Circulation Access to the site is currently provided via two exit/entry drives directly from Lake Drive on the east side of the site. The Lake Drive and Town Center Parkway improvement project will create two exit /entry drives on the south side of the site via Town Center Parkway and will immediately close the southern drive on Lake Drive. The northern exit/entry drive from Lake Drive will remain for two years from the completion of the Town Center Parkway improvements. It will function as a right -in only to limit traffic conflict points. This access is for the existing facility and will cease upon the end of the two year time limit or the construction of a new facility, whichever occurs first. This access plan will provide the safest access to and from the site and the internal circulation will work well with the proposed layout. Principal Required 30 feet Building Proposed 165 feet Parking Required 15 feet Lot Proposed 20 feet Town Center Parkway Lake Drive 40 feet 75 feet 15 feet 15 feet Interstate 35W 40 feet 62 feet 15 feet 25 feet Side Yard 10 feet 87 feet 10 feet 30 feet The proposed building meets or exceeds all of the setback requirements for the GB (General Business) zoning district. Building Elevations The building materials used for the proposed structures include a base of rock faced CMU, brick covering of the canopy supports and building face, and EIFS finish for the canopy facade /top and building accents. All of these materials conform to the requirements of the zoning ordinance. Building Height According to the Zoning Ordinance, no building within the GB (General Business) zoning district may exceed 45 feet in height. At a maximum height of approximately 20 feet, 10 inches in height, the proposed motor fuel station and car wash complies with the ordinance. Landscaping The landscaping plan is conforming to the minimum requirements of the Zoning Ordinance, and the applicant has added a hedge row along the south end of the southern parking area to limit the overflow of vehicle headlights onto Town Center Parkway and to improve the livability of the existing residential property on the south side of Town Center Parkway. Green Area The GB (General Business) zoning district requires that impervious surface coverage not exceed 75 %. Plans currently show the Holiday Store with an impervious surface coverage of 56% and Lot 2 with an impervious surface coverage of 49 %, both within the limitations of the district. Access /Circulation Access to the site is currently provided via two exit/entry drives directly from Lake Drive on the east side of the site. The Lake Drive and Town Center Parkway improvement project will create two exit /entry drives on the south side of the site via Town Center Parkway and will immediately close the southern drive on Lake Drive. The northern exit/entry drive from Lake Drive will remain for two years from the completion of the Town Center Parkway improvements. It will function as a right -in only to limit traffic conflict points. This access is for the existing facility and will cease upon the end of the two year time limit or the construction of a new facility, whichever occurs first. This access plan will provide the safest access to and from the site and the internal circulation will work well with the proposed layout. • • • Pedestrian Circulation Sidewalks are provided on three sides of the principal building and provide appropriate access to the building from the main parking area. The width of the sidewalks (6 feet) limits the outdoor display of product to the areas depicted on the floor plan. Lighting The majority of the site is conforming to the lighting standards of the zoning ordinance, including the canopy. However, the lighting site plan needs to be revised to clearly depict the east property line after the right of way is granted and conformance to the foot candle limitations. Parking This facility will be required to provide parking per the Motor Fuel Station parking standards as listed below. Parking Figure Code Requirement Spaces Required Spaces Provided Retail 2,880 s.f One (1) space for every 200 s.f. 15 Car Wash None required in addition to the motor fuel station parking 0 Motor Fuel Station Four (4) spaces plus one (1) for every employee 8 Total 23 26 The site is currently over parked by 3 spaces. This is based on the assumption of four employees on the maximum shift, which could fluctuate. Additionally, the vacuum station on the west side of the building will likely limit the regular use of those two spaces by typical patrons. Signage Motor Fuel Stations that abut freeways are allowed one pylon sign addressing the freeway with a maximum area of 100 square feet and a maximum height of 65 feet; one additional sign with a maximum area of 32 square feet and a maximum height of 30 feet is allowed per street frontage (Lake Drive and Town Center Parkway). In this instance the freeway sign is existing and will not be moved; however, the existing sign on Lake Drive needs to be relocated as a result of the Town Center Parkway /Lake Drive improvement project. This sign exceeds the maximum area requirements, but due to the relocation caused by a city improvement project it will be allowed to be relocated on the site in its current configuration. Due to the fact that it more than doubles the area allowed per street frontage, a condition of approval prohibits the placement of an additional sign on Town Center Parkway unless the sign on Lake Drive is reduced to 32 square feet. The sign plan includes wall signage on the canopy fascia in lieu of the building itself, which includes only directional signage for the car wash. The signage on the canopy fascia meets the maximum area allowance which is 20% of the canopy fascia per side, with a maximum of two sides of the canopy having signage. • • • Trash / Mechanical Equipment Since the Planning and Zoning Board the applicant has submitted revised plans that depict a trash enclosure on the west side of the building in lieu of the integrated enclosure previously shown. This location minimizes visibility from Town Center Parkway and Lake Drive and meets all ordinance requirements. The electrical transformer is shown on the west side of the building and therefore will have minimal visibility from the surrounding rights of way. Utilities The City Engineer has thoroughly reviewed the submitted utility plan and his comments are attached in memorandum form. A condition of this approval will require compliance with these comments. Stormwater management The attached memorandum from the City Engineer includes all of the comments related to Stormwater management and a condition will require compliance. The applicant has worked with Rice Creek Watershed District but no official review comments have been issued at this time. Compliance with the RCWD will be required as a condition of approval. ENVIRONMENTAL BOARD Attached is a memorandum from the City Environmental Coordinator outlining the recommendations made by the Environmental Board on January 31St. Many of the recommendations have been included as staff recommended conditions of approval below. PLANNING AND ZONING BOARD The Planning and Zoning Board held a public hearing on February 14, 2007 and ultimately recommended approval on a vote of 5 -1. Since that meeting the applicant has submitted revised plans that have addressed several of the recommended conditions. Conditions requiring colored elevations, the Right of Way Plat No. 3 depicted on the preliminary plat, and a shrub row along Town Center Parkway have been met with the revised plans and eliminated. RECOMMENDATION Staff recommends adopting Resolution 07 -41 approving the amended conditional use permit for the interim improvements, new conditional use permits for motor fuel station and automatic car wash, and preliminary plat for Holiday Stationstores Lino Lakes First Addition subject to the conditions listed in the resolution. ATTACHMENTS 1. Resolution 07 -41 2. Environmental Board comments from January 31, 2007 3. City Engineer memorandum dated March 2, 2007 4. Holiday Stationstore packet received February 28, 2007 • • • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 07 -41 RESOLUTION APPROVING AN AMENDMENT TO THE EXISTING CONDITONAL USE PERMIT, A PRELIMINARY PLAT FOR A TWO LOT SUBDIVISION, AND CONDITIONAL USE PERMITS FOR A MOTOR FUEL STATION AND CAR WASH FOR HOLIDAY STATIONSTORES AT 7509 LAKE DRIVE. WHEREAS, the City has received an application for an amended conditional use permit for interim improvements, preliminary plat, and motor fuel station and car wash conditional use permits for property currently described to -wit: All that part of the East Half of the Northwest Quarter (E 1/2 of NW 1/4) of Section Seventeen (17), Township Thirty-one (31) North, Range Twenty -two (22) West, Anoka County, Minnesota, described as follows: Commencing at the point of intersection of the South line of said East Half of Northwest Quarter (E 1/2 of NW '/4) with the Westerly right -of -way line of Trunk Highway No. 8 as now established; thence on an assumed bearing of North twenty -four degrees fifty -six minutes (24 degrees 56 minutes) East along said Westerly road line a distance of one thousand one hundred fifty -five and six tenth feet (1155.6) to the Point of Beginning; thence continuing North twenty -four degrees fifty -six minutes (24 degrees 56 minutes) East along said Westerly road line, four hundred twenty (420) feet to the Southerly right -of -way line of the Southeast ramp of Trunk Highway No. 35W; thence North Eighty -five degrees zero four minutes (85 degrees 04 minutes) West along said Southerly right -of -way line, five and fifty -one hundredths (5.51) feet to point of tangential curve to the left; thence Westerly along said curve in the right -of- way line with a radius of four hundred ninety -three and fifty -three hundredths (493.53) feet, central angle of nineteen degrees forty-one minutes, zero nine seconds (19 degrees 41 minutes 09 seconds), an arc length of one hundred sixty -nine and fifty -seven hundredths (169.57) feet to point of tangency; thence South seventy -five degrees, fourteen minutes, fifty -one seconds (75 degrees 14 minutes 51 seconds) West along said Southerly right -of -way line, three hundred fifty -four and thirty two hundredths feet (354.32) to a point of tangential curve to the left; thence Southwesterly along said curve in the right -of -way line with a radius of eight hundred sixty -six and ninety -one hundredths (866.91) feet, central angle of twenty -two degrees, twenty -six minutes, fifty -nine seconds (22 degrees 26 minutes 59 seconds), an arc length of three hundred thirty-nine and sixty -seven hundredths (339.67) feet to point of tangency. Which point • • • is the point of intersection with a line that bears North seventy -eight degrees, thrifty - five minutes, thirty seconds (78 degrees 35 minutes 30 seconds) West from the Point of Beginning; thence South seventy -eight degrees, thirty-five minutes, thirty seconds (78 degrees 35 minutes 30 seconds) East, six hundred fifty -two and six tenths (652.6) feet to the Point of Beginning. ; and WHEREAS, the applicant is proposing to subdivide the property into two parcels described as Lots 1 and 2, Block 1, Holiday Stationstores Lino Lakes First Addition; and WHEREAS, the amended conditional use permit for interim improvements; the preliminary plat; and motor fuel station and car wash conditional use permits request is based on the Holiday Stationstores plan set submitted on February 28, 2007; and WHEREAS, at their meeting on February 14, 2007, the Planning & Zoning Board conducted a public hearing and recommended approval of the amended conditional use permit for interim improvements, preliminary plat, and motor fuel station and car wash conditional use permits subject to the conditions listed in the meeting minutes; and WHEREAS, the proposed amendment to the existing conditional use permit for interim improvements, preliminary plat, and motor fuel station and car wash conditional use permits meets the requirements of the City's zoning ordinance and subdivision ordinance subject to certain conditions of approval. NOW, THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes hereby approves an amendment to the existing conditional use permit as approved on May 11, 1992 and amended on September 27, 1999 for the interim improvements at the Holiday Stationstore subject to the following conditions: 1. Condition numbers 4, 5.3, 5.4, 5.5, and 9 of the September 27, 1999 approval no longer apply. 2. No fence will be required on the southern property line and no additional landscaping will be required to install the two additional pump islands. 3. Upon recordation of the final plat, the Conditional Use Permit shall no longer apply to the land platted as Lot 2. BE IT FURTHER RESOLVED that the City Council of Lino Lakes hereby approves the preliminary plat for Holiday Stationstores Lino Lakes First Addition subject to the following conditions: 1. The final plat must convey the appropriate drainage and utility easements and deed right of access to Anoka County along Lake Drive. 2. A cross access easements must be provided for the driveway shared by both lots. • BE IT FURTHER RESOLVED that the City Council of Lino Lakes hereby approves a motor fuel station and car wash conditional use permits for Holiday Stationstores subject to the following conditions: 1. The Conditional Use Permits for a Motor Fuel Station and Automatic Car Wash shall apply only to Lot 1 as shown on the Preliminary Plat. 2. If construction has not begun on the new facility by December 31, 2010, the conditional use permits are void. 3. Upon construction of the new facility the existing Conditional Use Permit shall be voided and the Conditional Use Permits approved as part of this review will be enforced. 4. The developer must enter into a site performance and stormwater maintenance agreement with the city prior to the issuance of any building peiniits for the site. 5. A right -in only will be provided temporarily off of Lake Drive. Such access shall be terminated two years after the City completes the first lift of asphalt on Town Center Parkway or upon issuance of a building peiinit for the new facility, whichever occurs first. 6. Merchandise outside of the building may only be displayed within the designated area on the floor plan. 7. No ground sign may be installed on the Town Center Parkway street frontage of lot 1 unless the Lake Drive frontage sign is reduced to 32 square feet in area. 8. The Public Address system shall not be audible from the property line at time of installation. 9. Prior to the issuance of a building permit the following items must be addressed to the city's satisfaction: a. Pond and wetland areas must be planted with the city's native seed mix and managed for a minimum term of 3 years with a city approved contractor. b. The Electrical Lighting Site Plan must be revised to show the east property line after right of way dedication and conformance to the lighting standards. c. Details of the required oil /grit separator and fuel spill catch basin system. d. Issues discussed in the City Engineer review memo. • • • • Passed by the Lino Lakes City Council this 12th day of March 2007. John J. Bergeson, Mayor ATTEST: Julie Bartell, City Clerk Adopted by the Lino Lakes City Council this 12th day of March, 2007. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. • • Environmental Board Recommendations January 31, 2007 The following Recommendations were made at the January 31, 2007 Environmental Board meeting concerning: Comforts of Home /CORE Development 1. Invasive species within the existing wetland should be eradicated as part of the site development and establish a healthy wetland for filtration and natural visual design. 2. The site should be modified to incorporate the required 10 foot buffer around the wetland and enhance greenway design. 3. A fueling site spill containment area should be designed into the plan. 4. Importing of soil shall be subject to review and approval of the City Engineer. 5. Pond designs should incorporate the use of for -bays for pretreatment and ease of maintenance. 6. Evaluate use of infiltration bmp's to treat parking lot runoff. 7. Provide adequate vehicle access to pond and infiltration areas. 8. A storm water maintenance agreement be executed between the City and Developer which includes a maintenance schedule for native planting and rain garden areas 9. The SWPPP be modified to incorporate the comments included in the SWPPP memo - attached. 10. A tree preservation plan shall be submitted. 11. A revised landscaping plan shall be submitted in conformance with City requirements including screening plan for the west side of the property, rain garden planting schedules and irrigation. 12. The area of parking lot islands should be increased or combined to improve planting conditions. 13. The City Native Seed mix shall be used in all surface water management and buffer areas that are not formally planted 14. Roadway areas should be kept to a minimum. Motion to forward recommendations with attached SWPPP changes by Bor, second by Brouillet to approve, all were in favor. Holiday Stationstore 1. Recommend engineering look at an alternative to the pipe conveying storm water to the south of the proposed infiltration area. Alternatives desired from adding to a more comprehensive treatment train would include grassy swale, built with a system of check dams, and planted with deep rooting low- profile native plants. • • • 2. Access locations to pond and infiltration areas must be shown on the map. 3. Pump stations should be designed with a spill- containment feature. 4. Combine sheets 8 and 9 of their submittal and rename the sheets Storm Water Pollution Prevention Plan or SWPPP. Make changes to the SWPPP as per the attached memo to the City Engineer. 5. Provide a tree inventory of all significant trees on the site. Indicate if any of the trees can be saved or must be removed. If there are trees that can be saved, than provide a description of methods that will be used to save them. 6. On the Landscape Plan: • Sod areas must be indicated as irrigated. • Top soil must be indicated on the plan as tilled as deeply as possible into the sub - soils. • Storm ponds must be planted with the City Native Seed mix and modified with enhancement potted plants to achieve flowering forbs of one every 5 square feet. • A planting schedule should be submitted with native seed and plants included. • A contract with a City approved landscape company that is knowledgeable and experienced in native plant installation and maintenance should be submitted. The contract should cover installation and maintenance for at least the first 3 years. If a burn is possible at the end of three years this should be included in the contract. 7. All facility lighting should be planned at the minimum lumens and required design of the City code. All up- lighting must be kept to a minimum. 8. Holiday Stationstore should submit a remediation plan to the City should leakages be found to exist in fuel tank replacement areas. 9. Add buffering to attenuate light spill on adjacent property. Motion by Bor, second by Trailor to forward staff and Environmental Board recommendations on. All were in favor. Motion passed. • i,- CITY' " r O F RNO'KES Memorandum DATE: March 5, 2007 TO: Paul Bengston FROM: James E. Studenski, City Engineer 7-5/6 (,./ RE: Holiday Station Stores- 7509 Lake Drive Attached please find a TKDA Review dated March 2, 2007, of the submitted documents for the Holiday Station Stores. All items must be addressed before final approval is given for this project. Contact me with any questions, thank you. 600 Town Center Parkway, Lino Lakes, Minnesota 55014-1182 Phone: 651-98- 69 - • Fax: 651 -982 -2409 TKDA ENGINEERS • ARCHITECTS • PLANNERS MEMORANDUM 444 Cedar Street, Suite 1500 Saint Paul, MN 55101 -2140 (651) 292-4400 (651) 292-0083 Fax www.tkda.com To: James E. Studenski, P.E. Reference: Holiday Stationstore Copies To: Site Review - Preliminary Plat City of Lino Lakes, Minnesota From: Thomas D. Prew, P.E. Proj. No.: 13810.001 Date: March 2, 2007 Routing: The following review is based on these submittals: 1. Holiday Stationstore Site, Grading, Utility, and Erosion Control Plans submitted by Insites, received by the City of Lino Lakes February 28, 2007. 2. Holiday Stationstore Preliminary Plat received by the City of Lino Lakes February 9, 2007. There are no significant issues with the project to be addressed prior to preliminary plat approval. This plat contains two lots, however the site plan review only applies to Lot 1. Drainage computations for • ponds do cover both Lot 1 and Lot 2. A site plan review will be needed for Lot 2 when that lot is developed. Items to be addressed prior to final approval: 1. A maintenance agreement with the City shall be approved for pond and storm sewer maintenance. 2. City code requires that all areas used for fueling be drained into an oil -water separator. This needs to be shown on the plans. A copy of a maintenance contract should also be provided. 3. The city project will provide utility stubs to both lots. Site Utility Plans shall conform to city design. 4. SAC /WAC determination will be performed by the City. Fees shall be paid before a building permit is issued. 5. A copy of Mn/DOT and Anoka County permits must be submitted prior to approval. 6. Plans must reference city standards and details for any work to be completed in right of way. 7. Reference TKDA memo dated March 2, 2007, for drainage comments. • An Employee Owned Company f _ 7 0 _ 9ffirmative Action and Equal Opportunity • TKDA ENGINEERS • ARCHITECTS • PLANNERS MEMORANDUM 1500 Piper Jaffray Plaza 444 Cedar Street Saint Paul, MN 55101 -2140 To: Thomas D. Prew, P.E. Reference: Holiday Stationstore (651) 292-4400 (651) 292-0083 Fax www.tkda.com Copies To: James E. Studenski, P.E. Drainage Review City of Lino Lakes, Minnesota From: Connie J. Taillon, P.E. Proj. No.: 13810.001 Date: March 2, 2007 Routing: The following drainage review is based on these submittals: 1. Holiday Stationstore Preliminary Grading, Utility, and Erosion Control Plans submitted by Insites, dated January 12, 2007 and revised February 28, 2007. 2. Holiday Stationstore Stormwater Management Calculations submitted by Sunde Engineering, PLLC, dated February 8, 2007. The following are significant issues that must be addressed prior to preliminary plat approval: • 1. Rice Creek Watershed District will need to confirm that the wetland delineation shown on the Plans is a constructed pond and not a wetland. 2. Include all depressional storage on the site in the existing conditions model and route through the existing storm sewer that discharges to the I35W Right -of -Way. 2/14/07 The revised existing conditions HydroCAD model was not submitted. Submit the existing conditions model for review when available. 3/2/07 Justify the time of concentration values in the existing conditions model. 3. Since disturbed pervious areas are typically compacted during grading operations and will be restored with topsoil, a curve number that corresponds to Type B soils should be used for all disturbed pervious areas in the proposed conditions model. 2/14/07 This item has been addressed. 4. Existing and proposed rates may change due to modifications of the model based on comments 2 and 3 above. Rate control requirements will be reviewed when the updated models are re- submitted. 2/14/07 Rate control requirements will be review when the revised existing conditions model is submitted. 3/2/07 This item has been addressed. 5. The water quality volume in the proposed pond may change due to modifications of proposed curve numbers based on comment 3 above. The water quality volumes will be reviewed when the updated calculations are re- submitted. • 2/14/07 This item has been addressed. An Employee Owned Company _ 7 1 _ Affirmative Action and Equal Opportunity • • Holiday Stationstore Drainage Calculation Review City of Lino Lakes, Minnesota Page 2 March 2, 2007 The following are minor plan, calculations, and drafting corrections that must be addressed prior to final approval: 1. Include a detail of the pond outlet structure on the Plans. 2/14/07 This item has been addressed. 2. Include a `rip -rap at flared end section' detail on the Plan. 2/14/07 This item has been addressed. 3. Show the location of erosion control blanket on the Plan. 2/14/07 This item has been addressed. 4. Indicate the pipe size, slope and invert elevation of the existing pipe the discharges to the 35W right - of -way on the Plans. 2/14/07 This item has been addressed. 5. Label the inverts of all flared end sections on the Plans. 2/13/07 This item has been addressed. 6. All City - maintained storm sewer, including pond outlet structure pipes, are required to be a minimum of 15 inches in diameter. 2/14/07 This item has been addressed. 7. The storm sewer design may change due to modifications of proposed curve numbers based on comment 3 (significant issues) above. The storm sewer design will be reviewed when the updated calculations are re- submitted. 2/14/07 The storm sewer was designed using HydroCAD. Pipe capacities were checked against inflow values determined in the model, and there appears to be sufficient capacity to convey the 10- year storm event. This item has been addressed. 8. Indicate the overland emergency overflow location and elevation of all ponds and parking lot/road low points on the Grading Plan. Low openings are required to be a minimum of 1 foot above the emergency overflow elevation. 2/14/07 Indicate the overland emergency overflow location and elevation of the stormwater pond and infiltration basin. 3/2/07 The overland emergency overflow elevation of the stormwater pond and infiltration basin on the Grading Plan is incorrect. 9. Provide a cross - section detail of the infiltration basin on the Plans that includes information such as the depth and type of soil mixture. 2/14/07 This item has been addressed. 10. Label the high water level of the infiltration basin on the Plans. 2/14/07 This item has been addressed. - 7 2 - • Holiday Stationstore Page 3 March 2, 2007 Drainage Calculation Review City of Lino Lakes, Minnesota 11. Include notes on the grading plan incorporating the following: 1) the proposed infiltration area should be staked off and marked during construction to prevent heavy equipment from compacting the soil, 2) the infiltration area should not be excavated to final grade until the contributing drainage areas have been constructed and fully stabilized, and 3) final excavation of the infiltration areas should be completed using light tracked equipment to avoid compacting the basin floor. 2/14/07 This item has been addressed. 12. To provide a well aerated, highly porous surface, the soils of the infiltration basin floor should be loosened to a depth of at least 12 inches prior to planting. 2/14/07 This item has been addressed. 13. Indicate the type and location of vegetation used in the ponding areas. It is highly recommended that mature plants be used over seed in the infiltration basin. Fluctuating water levels following seeding can cause seed to float and be transported downstream of the infiltration basin. In addition, it may take up to two growing seasons to establish the function and aesthetic value of mature vegetation using seeds. 2/14/07 This item has been addressed. 14. The MPCA NPDES Permit requires that the design storm runoff volume in the proposed infiltration basin infiltrate within 48 hours. • 15. Submit a geotechnical report for review. The lowest floor elevation is required to be 4 feet above the seasonal high ground water elevation. 2/14/07 Submit a geotechnical report for review when available. 16. Runoff from the site discharges to the Interstate Highway 3 5 W right -of -way; therefore, permit approval from Mn/DOT may be required. 17. Submit a copy of the NPDES permit for the City's records when available. 18. Approval from Rice Creek Watershed District (RCWD) is required. Submit a copy of the RCWD Permit when available. • 406 516i r W \ 553' e• E %ISTING BIT SURFACE AREA TO BE REMOVED. SAW CUT ALONG NEW' ALIGNMENT. ROLL NEW'I BIT EDGE. REMOVE BASE MATERIAL AND REPLACE WITH TOP'; SOIL. SEED WITH MNDOT MIX EXITING BIT`SURPACE AREA TO BE EMOVED. SAW CUT ALONG NEW ALIGNMENT'1ROLL NEW BIT EDGE REMO BASE MATERIAL AN0 -_- REPLA E WITH TOP SOIL. SEED WITH OT MIX 46 0 c.°19 493564• • x166.5 I6 g09 Z9 • 'CO' _55 t" ' 0 Cd.. �fl EXISTING HWT SIGN' TO REMAIN RELOCATED SIGN LOCATION. • ✓f• MODIFIED APPROACH. F RIGHT IN ONLY R[FER TO MNDOT ENGINEERED DRAWINGS FOR CONFIGURATION. aL W CONC. ISLANDS TO 2 BE COMPLETED. PROVIDE' G DISPENSERS PER OWNfR. r RE5TRIPE STALL LINES RELOCATE 00. PROPANE TANK REC0 ATEO PROPANE TANK R e fEW CURD AND GUTTER NEW BITU1151O(19 '- AI��NMENT 604 + NEW CITY STREET. REFER TO ENGINEERED PLANS BY SEH, INC. FOR ALIGNMENT AND DETAILS. REMOVE 6G,!. INSTALL- EV/ 811 PAVING EXISTING SIGN;'TO BE :RELOCATES. EXISTING APPROACH TO DE REMOVED. ,DE CUT AND REMOVE PAVEMENT. `MATCH [N NEW BITUMINOUS DRIVE WITH ROAD [MPRO NT PLANS. FILE COPY RECE /ED FEB 2 8 2007 CITY OF LINO LAKES INSI'D'ES SRE PLWIRC UNDSCAPe nRCniEL"aS . 1015 millbor Lane moith.Sette lie Plyeeel N. Minnesota flee1 197 r 99 o0 • ALL OUESTI0N5 RELATED TO 51001NG AND CONSTRUCTION OF THIS PROJECT SHALL BE DIRECTED TO HOLIDAY COMPANTS PROJECT MANAGER •547 west. 5070 5Te[ET MINNEAPOLIS, MN 55437 PHONE: 19521 PAX: 11187.1 19827 850 -7575 E as W W 0) I hereby certify that this plan, specification, or report was pr.par.d by ms or der my direct supervision, Ond that I a d duly licensed Londsaap. Architect under the laws of the State of Minnesota. Date ._ .Rea. No. 19006 Signed Robert J. Muller NO. DATE REV15109 DESCRIPTION 1 2/6/2007CITY REVIEW COMMENTS 2 2/26/07 Comments COPYRIGHT 7005 • INSITD9 SITE PLANNING DATE 0012/07 0504. NO. 2007 01 SURVEYORS COPY PLAT COPY TOWNSHIP COPY OFFICIAL. PLAT LEGEND 1 2 /4' 1187 NON PK MONUMENT O SET. MINED BY LD06E NO. 22440 • 005 PIPE 4401111244 FOUND 0010121 *120 Of ACCESS DEDKATEO TO STATE 01 440022101* ON COUNTY OF ANOKA PRELIMINARY PLAT OF: HOLIDAY S TA TIONS T ORES LINO LAKES FIRST ADDITION MO 38915/ 618j9 � (.4•1118.67. DISC. A.Irsror MSC 0.19'20 46' R'WI945✓' *As...00-• ,un 1..166646 CH 29'W nets lou ), Sex CM'l�`�,r Sal' tit: �JQ w L.t50,73 M-17129'56 2 BRAS Of9EN0100: FOR 440 PURPOSES OF TR6 PLAT THE WESTERLY RIGHT OF KAY LINE OF OLD MUNN H0 0(0 NO. 8 IS ASSIME5 TO BEM NOM 25 DECREES 00 VMUIFS 59 SECONDS EAST. AO 80 120 SC IN FEET ■ DRAINAGE AND MAY EASEMENTS RE SNONN THUS : _J 1___10 BEN. 10 FEET IN MOT*. UNLESS OTHERMSE I*DIEATED, AND 500015X10 LOT UNES. MO 10 (LET IN MDT* AND *005X200 STREET LINE. UNLESS OTHERMSE *0001ED ON THE PUT. / / / / / / / Atst / / / / • \ \ � 4 / \ \ ,t4/ DA L k POINT OF INTERS1701. OF THE / 1/ 1.1.1 SOUTH UNE OF 110 EAST HALF OF ��/ A0 ' THE N L 041ST OWRIER SEC. 7, -_/ 4, < TWP. 31, RIG. 22, WITH IRE / �( EST0 0 RGNT OF WAY LINE OF �' )_ 4h TRUNK HIGHWAY NO. 8 - __ __ _ _- SWUM 21Ne OP INV LSE IMP OP ms NONEIIRRY 0041170 013 S1C7701 17, Y060SWP SI NORM, NAN01 22 PI.ST. ANOMA COUNTY / / / / / / / / BDM CONSULTING ENGINEERS & SURVEYORS SOUTH ORME: 80 PLATO BOULEVARD EAST. SURE 140, ST. PAUL MN (812) 510 -5140 NORM DR10E 200 510 STREET. ELK 6(40,0. MN (651) 334 -0413 SHEET 2 OF 2 SHEETS FILE COPY al � K c D • FEB :: 8 2007 CIT OF A ,NO LAKES • grads Notts Refer to all other prolecl piano and information related lo this work GRADE PLAN PREPARED FROM ALTA SURVEY BY 8014 Con•uInng engineers and Surveyor* 763- 786 -4570 Doted 2/20/06 Revised 3/2/06 Contractor shall verify 011 .6.bng and proposed •levat.na prior to ,tart of construction and notify owner of any conflicts. Contractor shall locale and verify all utilities which may affect' I0,. work and notify owner of changes. Contact local utility companies for exact locations prior to commencing work. Contractor *hall tak. necessary precautions to prevent adt and debris run -off during grading operations. lie•. silt fence, straw bales, etc.) Refer to Holiday's specifications/ Geotech report for curb, approach, bituminous, and concrete profiles, as well as, addNlonol sHo standards related to this prot.cl. Contractor shall verify critical elevations to s ur • onformanc• with grading plan, particularly with walk and/ or pavements to remain. M.•, •".ling grades at approach, along property lines and construction Ilma lines. Restore all pavements shot • to remain to their original, if not better condition. Notify owner of ony conflicts. If r.qu•sl•d by owner, Contractor shall install PVC al•eves under drive areas. Coordinate six. and location of sleeves with owner. Areas not to be paved and to be landscaped shall receive minimum of 4" depth of compacted topsoil. All elevations shown within the drive areas will be lop of pavement. Top of curbs shall be 4" 104.12 curb and gutter) or 6" 166-12 curb and gutter) above drove grades. Refer to pion for location. All street restoration shall be don* in compliant• with city str.et improvement policy, Finished Station Store Floor Elevation • 912.6 feel Finished Car Wash Floor Elevation • 912.1 feel MEN MIAMI. Amos 1 �-r-� TYPICAL SECTION INFILTRATION BASIN Pals mom CAA* *NIA Cr INC woo' AIN INC AMC MO MGM DA ARM InaCit 3331.311rt anew 3 FCC Eamikaua• WO! =ARM( ...,c 1•3333 Pv1 EXISTING SITE CONDITIONS ZONING DISTRICT: TOTAL sire AREA EX. HARDCOVER: PROPOSED SITE CONDITIONS GB GENERAL 6051NE55 165,271 51. R/W TAKING: 13.915 SF 80 HOLIDAY STATIONSTORE: 92,679 51. 565 PROPOSED RETAIL: 59,587 SP 365 BUILDING SETBACKS PARKING SETBACKS PROM STREET 30' FROM STREET 15' REAR YARD 30' REAR YARD 10' SIDE YARD 10' SIDe YARD 10' HOLIDAY LOT PROPOSED CONDITIONS PROPOSED GREEN AREA: PROPOSED HARD COVER. PAVED AREA: BUILDING AREA C-STORE • CAR WASH • PARKING REQUIREMENTS PARKING REOUIRED PARKING PROVIDED 40,700 5P 51,979 SP 46,436 5P 5543 SF 44% 56% 509 6% 1/200 5F FA. 25 STALLS 26 STALLS, 12 SRVPNTS RETAIL LOT PROPOSED CONDITIONS PROPOSED GREEN AREA: 30639 SP PROPOSED HARD COVER: 26,948 51. PAVED AREA: 22,448 SF BUILDING AREA: 6500 5P 51% 495 385 11% PARKING REQUIREMENTS PARKING REQUIRED 1 /200 5P PA. 29 STALLS PARKING PROVIDED 52 STALLS BENCI f4fARK TOP SANITARY MANHOLE 36' SOUTHEAST OF WESTERLY PROPERTY CORNER ELEV. - 905.84 ROTE' 1 INFILTRATION BASIN AREA TO BE STAKED OFF PRIOR TO CONSTRUCTION. LIMIT COMPATION AND PROHIBIT HEAVY CONSTRUCTION EQUIPMENT WITH IN BASIN AREA. 2. INFILTRATION AREA SHOULD NOT BE EXCAVATED TO FINAL GRADE UNTIL THE SITE SOILS HAVE BEEN STABILIZED AND OUTFALLS HAVE BEEN STABILIZED. 3 FINAL EXCAVATION OP BASIN SHALL BE COMPLETED USING LIGHT TRACKED EQUIPMENT AN SOIL COMPACTION MINIMIZED. • Fi wwrr`} .0r O• mama umaxl mut .Ova. •.0 l OUTLET CONTROL/SKIMMER STRUCTURE 43. sZ N W CD 09 PV 4" PV •RA M '46 c.° 49537- s c6- 16 1V4 Ng5 '° 5,51' 0 F 15" HOP ST. M.H. 912 TOP 906.2 INV. 902.91 OUTLET TOP See 0eT41L INV See O2TAIL 16" APRON (NV- 9030 N Y OV RP 0 INV.- 908.1.0 NOW CD 66 OP 8107 INV. 903.16 17 1 " H.D.P.e. • 0.595 ST H. TOP 809.2 INV. 902.16 M R NCY OV RP OW INV.- 906.2.0 INV 51 N INV. • 8 APRON INV.- 902.0 49 PVC DRAIN TIL ST. M 0 . 14 TOP 906.0 'X. ,•, X66.94 INV'• 901.61 ■179!'8 l S'f sna 9TORE•c I _ n. l I lIUIuUiUi �U!IIUIIUa'i ®I1IIIIIIi1i=i•►! NOIM1111•u1111 1•• ®!U!U®•II1 1 911.5 y. - - = -- -o �Lt. 11 H.D.PA. IS' 0 LP 15" HID.P.E. • 0. Off• •7 w.797/1 1 1 / 9Y� 6 / TOP 909.7 / • 7 \TOP 909.6 INV. 903.84 _ • �\ INV. 903.66 - -- 911.5 __./ - 911,5 NEW MH 67 TOP 911.9 INV. 903.46 a ST, M.H. 115 TOP 908.0 INV. 89595' N W CD 6 TOP 909.7 INV. 904.28 o-0 C•43. nww OINA-1171. Off Lea ANN NI- 01421.1 1103. ".•c3 (w41 TOP 906.6 INV. 90446 NEW CD 4 -s s NEW CB TOP 908.6 TOP 908.85 INV. 904.38 INV. 903.90 NEW CR 92 TOP 908.95 INV 1 -" AP ON INV.- 903.0 ,NEW CB 1 TOP 910.25 '.. INV. 90339 ' L sm. (woo Mot ••o •tom a.n a7um w PAC (M OAS Its too • KY 147 7mH[vat N fat y 0111 LP 18" / / 0000.0 sett INSm lNo RIPRAP AT STORM SEWER OUTLETS G N O R SCALC: 1" NEW CB 611 TOP 909.1 INV. 904.74 FEB 2 2007 /II 578"E SnE P1ANNmc UNOSCAPE ARCMTESTl%%. 102 Hari." L•ne N.rtH.S"He 11• yin •lit. ta 35443 Ts x,�9i s�oo U-I m H 0 w Z Z w Q • Q J 7 0 c /) JL_ ALL QUESTIONS RELATED TO BIDDING AND CONSTRUCTION OF THIS PROJECT SHALL Be DIRECTED TO 005(04T COMPANY'S PROJECT MANAGER 4597 Mesr toll s7ReeT 011890 (56 MN --- PN0HG I.59 PAY, 05111190 -11178 c al as V I hereby certify that this plan, specification, or report was p pared by me or under my direct supervision, and that 1 a a duly licensed Landscape Architect under the laws of the State of Minnesota. Date Rea. No. 19506 Signed Robert J. Mueller NO. DATE REVISION DESCRIPTION 1 2 /6 /2007CITT Review COMMENTS 2 2/28/07 Comment. COPYRIGHT 2008 - DIMES SUP PLANNING DATE 01/12/07 P60J. N0. 2007 01 5EED IAIX - Mi:S SHALL BE A FORMULATED GRASS ANO WILDFLOWER MIX IN CONJUNCTION WITH THE CITY'S SEEDING PROCEOUR25. SEED SHALL BE SUITABLE FOR THIS TEMPERATE ZONE 6 SOIL CONDITIONS. IN ALL POND BASINS, FROM A MIN. 1' BELOW NWL TO P A6052 HWL, MIX SHALL DE FORMULATED SPECIFICALLY FOR LAKE SHORE RESTORATION AND EMBANKMENT STABILIZAION AND /OR AS SPECIFIED IN THE CITY'S NATIVE 5620 NIX. Of Its TION BASIN imw .10111W iv. GRASU : MWINES 1 it n SW. r.W.iwcs ton uwn a RSSIWS »r (CECIL.. SITUATIONS IBM 0V/ Here 1- use LINO LASES WET DETENTION bASIN NM NIS SMALL CONTAIN NO LESS MAN T LA THE PUNT SPECIES LISTED WAVE ALL SCEDWALANTS SMALL RE II• Y IVC TO INC RCM.. SUIT.. POI THIS TEMPERATE CLIMATE. vO >OMS *0006 NW - USE VARIABLE 1461000 MEND WRDPLO GRASS MIN TO INCLUDE BUT R NOT LIMITED TO MC FOLLOWING / ww.al.. 1. Phlw *6. e.... -W a. Phu.. .. 0 MSMS InrM CSW.r..PN6 at"SeMA.m.�Rto�iN.m y I0* r+LLSM *R.w W Wen Cs •W RP. St* C..... S5* rye C.... Dn.. tier WEIONT OP SEED MUST DC RASED ON PURE LIVE SEED IPLSMND MUST be • • ODUCT OP ZONE 5 A. LONE 4 MARONE.* PRAIRIE SEED. \Q. y9' 9 4 R�1 eK° 0H.0°L 2 INSTALLATION AND MANAGEMENT -CONTRACTOR SHALL PROVIDE INSTALLATION BID, FOR LIVe NATIVE PLANTS 16 CONJUCTION WITH 5220 AT PERIMETERS OF INFILTRATION ANO STORM POND. SHOULD PLANTINGS NOT TAKE CONTRACTOR SHALL REINSTAL INSTALL LIVE PLANTS TO ENSURE PROPER PLANT ESTABLISHMENT AND TO REDUCE EROSION. -CONSTRACTOR SHALL ERRADICATE EXISTING GRASS 6 weeps WITH "ROUNDUP" AND DISK THE SOIL TO A 4 -6" DEPTH 2 52665 AFTER APPLICATION OP HERBICIDE - MIX SHALL ee A FORMULATED GRASS AND WILDFLOWER MIX SUITABLE FOR THIS TEMPERATE ZONE 6 SOIL CONDITIONS. MIX SHALL ee APPLIED AT A RATE OF 18 LDS. OP PLS PER ACRE. -CONTRACTOR SHALL USE A NURSE CROP SEED, SUCH AS ANNUAL 11020R/155, IN ADDITION TO THe WILD FLOWER/WETLANO MIX TO STABILIZE SOILS IN ALL AREAS BROAD CAST SEED MIXTURES WITH A BROAD CAST 5E20ER OR 610606EED W /MULCH. IP SEED IS BROADCAST, CONTRACTOR SHALL INTEGRATE 9220 INTO 501L TO oesire0 02PTH5 AS RECOMMENDED BY THE SUPPLIER TO ENSURE ADEQUATE GERMINATION. -DO NOT FERTILIZE. •INSTALL AN APPROVED BI00ERADABLE EROSION CONTROL MATTING IN SWALES OR SLOPES THAT PRESENT A STRONG POTENTIAL OP excessive "RILL" EROSION. FOR SEEDED AREAS use 605(11 IX (750770 OuekO.T mr Nei Sal C,xx.,R OR APPROVED EQUAL. APPLY CLEAN SEED MULCH SUCH AS STRAW IN ALL AREAS TO RETAIN MOISTURE AND ENSURING AOEOUATE GERMINATION ALL SEEDED AREAS SHALL BE MANAGED FOR A MINIMUM OF 5 02AR5 81 CITY APPROVED CONTRACTOR. -AREAS SHALL 5e IRRIGATED UNDER severe DROUGHT TO ESTABLISH COMPLETE UNIFORM GERMINATION OF SEED MIX. IT IS THe RESPONSIBILITY OF THe CONTRACTOR TO. PERFORM PERIODIC VISITS THRU THE GROWING SeA50N AS PART OF THIS CONTRACT AND GUARANTEE TO ENSURE PROPER ESTABLISM2NT OF GRASSES AND FOR825. NOTIFY OWNER OF POSSIBLE PROCE2DURE5 TO'PREVENT LOSS OF PLANTS, POTENTIAL ER05ION, ANO'SOUND GROWTH. ' -BURN MANAGEMENT 15 NOT TO 82 USED. PERIODIC MOWING OP ALL AREAS SHALL Be UTILIZED PR V LL E LL E ZG 6 108 MAINTENACE PROPOSAL TO iNE OWNER FOR PROPER ESTABLISHMENT AS MAT BE RGLA 760 TO THe GUARANTEE OF 5EED INSTALLATION. CONTRACTOR 15 RESP05IBL2 FOR RESEEDING AREAS AS NEEDED AFTER 0142 COMPLETE GROWING SEASON. /31 I AUTUMN BRILLIANCE SERVICEBER •'26 MARGARITA YEW 4* depth shredded bark mulch in planting area No falter fabric and orgo0e mulches. 66 0 51549 Ng5 • 10 .08 1.1. 1 0 — ,/11 AUTUMN BRILLIANCE SERVICEBER NORTHERN PIN OAK ICs TRA OM :ASIN iv Palablish'natn /e OOR \A�R 0 BE wildflower habitat 005ENE0 TO A 1 5 infiltration area. N. DEPTH PRI,PR TO PLANTING I "— Erimnisal in 0 cc W 4" depth shredded ba'k mulch in blonting a .a. No O let fabric under Organic mulches. P Lowe edging between lawn and d a1 O; H' 112 AUTUMN MAGIC • 4" degqqqrfilter redded bark mulch in plank nb a. No filter fabric under orgonb m*Mhs. Provide edging a between I• a b.d. t eV treni at0_ Akn RA9125 2 0to Ar: SOD : 6 Re / / —/— NORTHERN PIN OAK 11 I AUTUMN MAGiC CHOKEBERR 631 BLUEBERRY DELIGHT JUNIPER C OKEBER NORTH O0 SCALE: 1" _ 30' 50 15 0 50 RD NOTES - CONTRACTOR SHALL OBTAIN ALL NECESSARY PERMITS FOR PLANTING WORK - LANDSCAPE CONTRACTOR SHALL VERIFY ALL UTILITIES WHICH MAT EFFECT HIS WORK CONTACT GOPHER STATE ONE CALL • 454 -0002 FOR EXACT LOCATIONS. - LANDSCAPE CONTRACTOR SHALL COORDINATE HIS WORK WITH OTHERS AT SITE AND COMPLETE HIS WORK PER OWNERS CONSTRUCTION SCHEDULE. - ALL PLANT MATERIALS SHALL 5e GUARANTEED ONE 111 FULL YEAR UPON TOTAL COMPLETION AND ACCEPTANCE 150 OWNER, WITH ONE TIME REPLACEMENT AT APPROPRIATE TIME OR UPON REQUEST OF OWNER. - REPLACEMENT TOPSOIL SHALL ee CLEAN, FREE OF STONES, WEEDS, AND OTHER UNDESIRABLE DEBRIS. - PLANTING SOIL MIX IINCID2NTAL COST ITEM; 1 MIX 1 L 5.10 -20 COMMERCIAL FERTILIZER PER CU TO TOPSOIL 0 OIL 2. THOROUGHLT MIX 1 -PART SAND ANO 1 -PART PEAT M055 WITH 5 -PARTS FERTILIZER AND TOPSOIL. • use PLANTING SOIL AT ALL LOCATIONS PER DETAILS' THIS SHEET - TOP SOIL SHALL BE A MINIMUM OF 4" DEPTH. LANDSCAPE CONTRACTOR SHALL VERIFY TOPSOIL DEPTH ANO NOTIFY OWNER OF ANT DEFICI2NCT. TOPSOIL SHALL BE TILLED DEEPLY INTO THE SUE SOIL IN UNIFORM CONSISTANCT TO A 6" DEPTH. - SOO SHALL BE CULTURED WITH PREDOMINATELY KENTUCKY BLUEGRASS SEED OF RECENT DISEASE RESISTANT INTRODUCTIONS. NO GUARANTEE ON 500 EXCEPT ANY SOD NOT SATISFACTORY AT TIME OP COMPLETION INSPECTION SHALL BE PROMPTLY REPLACED PRIOR TO COMPLETION OF JOB. STAKE SOD ON SLOPES 3:1 AND GREATER. - ALL S00 AREAS SHALL BE IRRIGATED. - WHERE EXISTING CONCRETE/ ASPHALT AREAS ARE TO DE REPLACED WITH LANDSCAPING, PROVISIONS SHOULD BE TAKEN TO COOROINATE EXCAVATION OF SUBSOIL TO A DEPTH OF 2' WITH GRADING CONTRACTOR. REPLACE WITH 4" COMPACTED TOPSOIL. ALL AREAS TO BE LANDSCAPED AND SODDED SHALL BE GRADED SMOOTH AND ever. - LANDSCAPE CONTRACTOR 15 RESPONSIBLE FOR SODDING ALL AREAS WHICH ARE DISTURBED BY CONSTRUCTION INCLUDING ALL R.O.W AND ADJACENT PROPERTIES. - LANDSCAPE CONTRACTOR TO INSTALL 'VALLEY VIEW, "BLACK DIAMOND. EDGING AROUND ALL PLANTING BEDS AS NOTED ON THIS PLAN. • USE SHREDDED HARDWOOD BARK MULCH. INSTALL 4" DEPTH. NO FILTER FABRIC OR EDGING AROUND ALL TREES LOCATED OUTSIDE SHRUB 8205. • GRAVEL MULCH SHALL BE 1 -I /2 "" DIA. "RYAN RED ROCK•. INSTALL 4" DEPTH WITH APPROVED WEED FABRIC BARRIER AS INDICATED ON THIS PLAN. - LANDSCAPE CONTRACTOR I5 RESPONSIBLE FOR IRRIGATION SYSTEM O251GN AND INSTALLATION PER CITY LANDSCAPE SPECIFICATIONS. DESIGN SHALL DE APPROVED BY OWNER PRIOR TO INSTALLATION. IRRIGATION 0251GN SHOULD ENCOMPASS ALL LANOSCAPE AREAS WITH 50D AND/ OR PLANTINGS, FROM CURB TO CURD. R.D.W. SHOULD Be IRRIGATED FROM SPRINKLER HEADS LOCATED WITHIN PROPERTY BOUNDARY. CARE SHOULD ee TAKEN IN VICINITY OF ALL WALKS AND DRIVES TO MINIMIZE OVER SPRAY. IRRIGATION INSTALLATION SHALL NOT INTERFERE WITH CITY WALKS AND TRAILS. COORDINATE INSTALLATION OF ALL PVC 51.225E UNDER DRIVE AREAS WITH GENERAL CONTRACTOR. IRRIGATION CONTRACTOR SHALL MEET WITH PUBLIC WORKS PRIOR TO INSTALLATION. - IRRIGATION SHALL BE INSTALLED PER CITY'S IRRIGATION POLICY. • IRRIGATION SHALL BE REQUIRED TO HAVE RAIN SENSORS. - LANDSCAPE CONTRACTOR SHALL CLEAN ALL PAVEMENT AREAS AFTER ALL LANDSCAPE INSTALLATION I5 COMPLETE AND ACCEPTED E0 OWNER. GENERAL CONTRACTOR TO SWEEP PAVEMENT AREAS PRIOR TO TURN OVER TO OWNER. - LANDSCAPE CONTRACTOR TO SEED DISTURBED AREAS AS NOTED WITH MN DOT GRASS MIX 500. SEED PER MN 00T DESIGN SECTION 3876 Remove DEAD AND BROKEN wIANG1405, mAINTAIN NATURAL Mee PO. DO NOT CDT mA1N LEADER REMOVE DEAD .0 AS mexoeo SET GROWN oP RoOt GALL DePRI MULCH Me u ROOT ...A ___J!� ' TREE PLANTING DETAIL NOT TO SCALE PLANT MATERIAL FEB 2 Z ur ONTY. SIZE ROOT COMMON NAME TYPE BOTANICAL NAME 4 2.5" CAL. BBB NORTHERN PIN OAK Quercua Ili -delis • ps ai 4 10' HT. CLUMP BBB AUTUMN BRILLIANCE SERVICEBERRT Amelanchier x grandiflora 'Autumn Brilliance' 26 24" SPR POT MARGARITA YEW Taxus medic x 'Margarita' 61 24" SPR POT BLUEBERRY DELIGHT JUNIPER Junio•rus curnmunis depress° 'AmiDak' 23 06" HT. POT AUTUMN MAGIC CHOKEBERRY Aronio melanocarpa 'Autumn Mangle NOTE: PLANT SELECTIONS 6A560 ON ZONE, ENVIROMENT, ANO CONDITION HARDINESS. SALT TOLERANCE LEVELS ARE MODERATE TO GOOD BASED ON INFORMATION PROVIDED 1I1 TEXT 'CARR'S HARDY TREES AND SHRUBS" BY MICHAEL A. 0166 AND THROUGH LOCAL NURSERY WHOLESALE LISTINGS. MISC. SOD, EDGING, PLANTING SOIL, GRAVEL MULCH, FILTER FABRIC I SITES SrtE RANNWG LANDSCAPE ARC "TECIWE 1.0 5 . Tm Ss SMl RI .Loo t..r Holiday ALL QUESTIONS RELATED TO 81001NG AND CONSTRUCTION or THIS PROJECT SHALL BE DIRECTED TO HOLIDAY COMPANY'S PROJECT MANAGER ♦SQ WEST ROTE STREET MINNEAPOLIS, 110 SSQI PHONE: I5SL 550 AC ISSII 5501478 I hereby certify that this plan, specification, or report was prepared by • or under am s direct supervision, r n, and that 1 a duly licensed Landscape Architect under the laws of the State of Minnesota. Dote Req. No. 19306 Signed Robert J. Mueller NO. DATE REVISION DESCRIPTION 1 2/8/2007611T REVIEW COmmENTS 2 2/28/07 Continent. COPYRIGHT 1005 - INSITes SITE PLANNINS DATE 01/12/07 PROJ: NO. 2007 01 FLOOR FLAN J/ Sagat Architects, P.A. 4159 Grand Avenue South Minneapolis. Minnesota 55409 Phone: (812) 822 -8200 FAX: (812) 822 -0803 E -Nail: nfo•sagslarchitects.com A■lP> Holiday ALL 04531I0N9 RELATED TO 5100155 AND GONST10.:TION OP Tn9 PRO,.GT SMALL SE OIR!GTED TO .OL10AY COMPARES PROJECT MAN 6ER SCOTT ALPAN604 45407 .E51 5010 9111MT roiv AP(O(LIS, MN 35437 PAX, (4552) 1 165115 CD L— HEREBY OERTR' THAT 1019 PLAN 9TGIPIGATION OR REFORT "AS PREPARED BY M OR HIDER IW DIRECT SUPERVISION AND THAT AS A OLLT LICENSED ARCHITECT UNDER T0E LAWS of TIE 9TAT3 Of 1.1044250TA. PRMT NAME. 4041 A SA641 SR/NATURE, DATE. LICB10E 12!69 NO. DAT! REVISION DESCRIPTION 2 2/23101 TRASH 041.4.09)93 3 V 0? 3001 - 9WT 0801.1611..4 OAT! 145/2001 PROD. NO. 060630 VflT 33._0. 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Minnesota 55409 Phone: (812) 822 -8200 FAX: (812) 822 -0803 E -Nail: nfo•sagslarchitects.com A■lP> Holiday ALL 04531I0N9 RELATED TO 5100155 AND GONST10.:TION OP Tn9 PRO,.GT SMALL SE OIR!GTED TO .OL10AY COMPARES PROJECT MAN 6ER SCOTT ALPAN604 45407 .E51 5010 9111MT roiv AP(O(LIS, MN 35437 PAX, (4552) 1 165115 CD L— HEREBY OERTR' THAT 1019 PLAN 9TGIPIGATION OR REFORT "AS PREPARED BY M OR HIDER IW DIRECT SUPERVISION AND THAT AS A OLLT LICENSED ARCHITECT UNDER T0E LAWS of TIE 9TAT3 Of 1.1044250TA. PRMT NAME. 4041 A SA641 SR/NATURE, DATE. LICB10E 12!69 NO. DAT! REVISION DESCRIPTION 2 2/23101 TRASH 041.4.09)93 3 V 0? 3001 - 9WT 0801.1611..4 OAT! 145/2001 PROD. NO. 060630 VflT un Inxn mlxwxxn Inniiliiiilir.;: iin'x"xiiii (I l FRONT (SOUTH) ELEVATION A2 SCALE : I/8" = I' -O" 1i141ii_"_'_ " ll l _,.. - ;?I 41 1111x"II41N411119iiiiiiiiiii111i11,1 TOP Q BRICK EL il6' -8' TOP OP 90LDIER GONRSE EL TIT -8• TOP OF WINDOWS EL 108 -O' GIPS PILASTER BOTTOM OF WINDOWS EL 102 -0" INISM FLOOR - STORC__�y EL 100' -0" — -P ROCKI:AST PILASTER 9A5E ROCK -FACE Cho 2\ BACK (NORTH) ELEVATION SCALE : I/8" = I' -O 22' ILLUMINATED CHANNEL LETTERS ILLUMINATED EXIT 91 *N GLAZED BRICK POLYGARBONATE OVERHEAD DOOR ?REFINISHED DARK BRONZE METAL CAP FLASHING. TOP OF PRA- N6 EL 130' -t0' TOP OF BRICK EL It6' -8' DECORATIVE LIe4T FIXTURE 80r DIER COURSE 81. 113' -0' MASONRY BRICK. BELDEN MODULAR TUDOR BLEND A MORTAR COLOR. NATURAL CAST STONE: "ROGKGAST• BUFFST0NE COLOR AS MFR BY READING ROOK GLAZED BRICK $2 (BLUE): ELGIN- BUTLER *LAZED BRICK, 4W 9ERIE9, COLOR $4486 ROCK -FACE CMIL 4616 VIENNA BROWN MISCELLANEOUS MATERIALS BRICK EIFS (EXTERIOR INSULATOR FINISH SYSTEM) DOLOR. ORYVIT •108 MANOR WHITE: EIFS PILASTER FINISH: SANDPEBBLE STOREFRONT: DARK BRONZE ANODIZED ROGKGAST PILASTER BASE WALL GAP FLASHING: DARK BRONZE FINISH FLOOR - STORE ROCK -FACE CMU (3'\ view- SIDE ELEVATION A2 SCALE : I /8" = I' -0" • • CAR WASH I 111111 11111111111111, 111111.1111111 Innm uuul +ma n PAINT HM DOOR t FRAME •P2O 22" ILLUMINATED GNANNEL LETTERS TOP OF FRAMING EL IIR' -2' TOP OF BRICK EL 116' -8• TOP OF SOLDIER COURSE 4 EL 112' -8" —V ILLUMINATED ENTRANCE 916N - POLYCARBONATE OVERHEAD DOOR - GLAZED BRICK b' BOLLARD - PAINT $P9 PIN19N FLOOR - STOREE EL 100' -0' EAST SIDE ELEVATION A22 SCALE : I/8" = I' -O" TOP FIN - REDS_ BACKGROUND - WHITE UPPER M' - RED LOWER 'H• - BLUE BorO■ FIN - SLUE SIGN FELD - RED BLACK OUTLINE OF L060 AND LETTERS EXISTING HI -RISE SISN A2/ SCALE NOT TO SCALE FEB 2 0 2007 4AES Sagat Architects, P.A. 4159 Grand Avenue South Minneepolia. Minnesota 55409 Phone: (812) 822 -8200 FAX: (812) 822 -0808 E -Mail: infoesagatarcbitecta.com Holiday CO AFT Lli OE Z co s � sqp z 3 co of) I a ALL QUESTIONS RELATED TO BIDDING AND CONSTRUCTION OP THIS PRO.e0T SHALL BE DIRECTED TO HOLIDAY COMPARES PRD -EDT MANAGER SCOTT ALFAUSH 4961 MST GOTH STREET MNNEAPOLIS, MN 994!!7 PHONE: 9371 630 -6666 FAX: 951) 830 -1618 HERESY CERMY THAT THIS PLAN SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION ARO THAT I AM A DULY LICENSED ARCHITECT UNDER THE LAWS OF TNe STAR OP MINNESOTA. PRINT NICE: JOHN A. SAGAT 91GNATURE DATE. LICENSE $, 139b5 NO. DATE REVISION DCSCRMTION I 2/8/01 PLAN REVIEW 1 2/28/01 TRASH ENG.0511RE .7•041.11. 2001 - S AT.HIGII11.16. PA DAR 03/2001 PRO!. NO. 060698 SOUTH ELEVATION SCALE : I /b" = I' -0 i IS'-0 S/8" Hell ay — 24. iLLUMINATEV CHANNEL LETTERS AND L040 EIFS CANOPY FASCIA INTERCOM 3PEAKER ilNORTH ELEVATION 3 SCALE : I /b" = I'-O" WINDSHIELD WASHER BUCKET RECESSED INTO COLIMN ENCLOSURE (ONE PER COLUMN ON SIDE FA01NO STORE INTERCOM BUTTON BRKK C.OLUMN ENCLOSURE STAINLESS STEEL CURB FORMS 50'-0' ��•� EIFS FASCIA BRICK COLUMN ENCLOSURE SST GUM FORMS �_ U•SHAPED BOLLARD - PAINT Al DARK MON= ROCK. PACE CMU COLUMN BASE - 3 00.555 ABOVE BRAVE CLEARANCE BETWEEN CANOPY L16HT FIXTURE AND HIGHEST FEINT OF PAVEMENT UNDER CANOPY Aft EAST ELEVATION SCALE I I /b" = I'-0 30.-0 CAP PLA3NINB • COLOR TO MATCH EMS SITS CANOPY FASCIA BRICK ENCLOSURE INTERCOM SPEAKER WINDSHIELD WASHER BUCKET !RECESSED IN COLUMN ENCLOSURE INTERCOM BUTTON U- SHAPED BOLLARD - PAINT MM DARK CRON= 4 WEST ELEVATION ROCK PACE 01.0 COLUMN BASE - 3 COURSES ABOVE BRAVE AS SCALE : lib " = I' -O' 13' -6 5/6" GAR WASH IDENTIFICATION (EAST AND WEST) 8'-6" of SIGNA6E ENTRANCE 10h3 SO FT CAR WASH DIRECTIONAL SIGNAGE (EAST) 5-O" EXIT 615 SO FT CAR WASH DIRECTIONAL SIGNAbE (WEST) TOP FIN - REO BACKGROUND - WNIT7 UPPER "N" - RED LONER 'M' - BLUE BOTTOM FIN - BLUE SIGN BORDER, WHITE SIGN FIELD - RED X „I/4. �I BLACK OUTLINE OF n 9 g L060 AND LETTERS .0 J WHITE LETTERS / BLUE BK6RD �T L 2.2 9 9 RED LED PRICE 516N WHITE LETTERS / GREEN BK5RD BLACK LETTERS ON WHITE BACKBROIMD m 516NA6B AREA BREAKDOWN HOLIDAY STATIONSTORE ID, LEO PRICE SION READER BOARD 43.8 50 FT 24.850 FT IRS 5O FT TOTAL (PER 516N FACE) 58.4 50 FT EXISTING PYLON SIGN SCALE : 1/4" = I' -O" A3 SCALE : VARIES Sagat Architects, P.A. 4159 Grand Avenue South Minneapolis, Minnesota 55409 Phone: (812) 822 -8200 FAX: (812) 822 -0806 E —Nail: info®wptarchitects.com Lu 02 I + (v co qo vv ALL QUESTIONS RELATED TO 510DINO AND co09TRU0TION OF TH15 PROP-CT SHALL BE DIRECTED TO HOLIDAY COMPANIES PRO..ECT MANAERR 604717 Al-TALON 4569 WEST 60114 STREET MINNEAPOLIS, MN 59431 PHONE. 452) e60 -5666 FAX, (153) 630-1616 0 ocs CZ CO ID CTS HEREBY CERTIFY THAT THIS RAN SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT 1 AM A PAY LICENSED ARCHITECT UNDER THE LAWS OF The STATE Q MINNESOTA, PRINT NAME. JOHN A. 5A5AT SIBNATLRE. 05TS. LICENSE K 12965 NO. DAR REVISION DESCRIPTION I 2/8/01 PLAN REVIEW 2 2/28/01 TRASH ENCLOSURE 00,1%.7 20.27 - %MAT 470037151* FA VATS 1 13/3001 PRO.L NO. 060639 -V� 164' -0' S' -D 5/6' Vic. 24' ILLI.MINATEP CHANNEL LETTERS AND LOBO IJ �i HOlid iy �ai� — INTERCOM SPEAKER \� ` EtFS CANOPY FASCIA BRICK COLUMN OWldlD STAINLESS STEEL CURB FORMS 17I - -- 1 INTERCOM SUTTON — — A 7i t1 1 I I 1 H I -I H 1 SOUTH ELEVATION SCALE : I /b" = I' -0 i IS'-0 S/8" Hell ay — 24. iLLUMINATEV CHANNEL LETTERS AND L040 EIFS CANOPY FASCIA INTERCOM 3PEAKER ilNORTH ELEVATION 3 SCALE : I /b" = I'-O" WINDSHIELD WASHER BUCKET RECESSED INTO COLIMN ENCLOSURE (ONE PER COLUMN ON SIDE FA01NO STORE INTERCOM BUTTON BRKK C.OLUMN ENCLOSURE STAINLESS STEEL CURB FORMS 50'-0' ��•� EIFS FASCIA BRICK COLUMN ENCLOSURE SST GUM FORMS �_ U•SHAPED BOLLARD - PAINT Al DARK MON= ROCK. PACE CMU COLUMN BASE - 3 00.555 ABOVE BRAVE CLEARANCE BETWEEN CANOPY L16HT FIXTURE AND HIGHEST FEINT OF PAVEMENT UNDER CANOPY Aft EAST ELEVATION SCALE I I /b" = I'-0 30.-0 CAP PLA3NINB • COLOR TO MATCH EMS SITS CANOPY FASCIA BRICK ENCLOSURE INTERCOM SPEAKER WINDSHIELD WASHER BUCKET !RECESSED IN COLUMN ENCLOSURE INTERCOM BUTTON U- SHAPED BOLLARD - PAINT MM DARK CRON= 4 WEST ELEVATION ROCK PACE 01.0 COLUMN BASE - 3 COURSES ABOVE BRAVE AS SCALE : lib " = I' -O' 13' -6 5/6" GAR WASH IDENTIFICATION (EAST AND WEST) 8'-6" of SIGNA6E ENTRANCE 10h3 SO FT CAR WASH DIRECTIONAL SIGNAGE (EAST) 5-O" EXIT 615 SO FT CAR WASH DIRECTIONAL SIGNAbE (WEST) TOP FIN - REO BACKGROUND - WNIT7 UPPER "N" - RED LONER 'M' - BLUE BOTTOM FIN - BLUE SIGN BORDER, WHITE SIGN FIELD - RED X „I/4. �I BLACK OUTLINE OF n 9 g L060 AND LETTERS .0 J WHITE LETTERS / BLUE BK6RD �T L 2.2 9 9 RED LED PRICE 516N WHITE LETTERS / GREEN BK5RD BLACK LETTERS ON WHITE BACKBROIMD m 516NA6B AREA BREAKDOWN HOLIDAY STATIONSTORE ID, LEO PRICE SION READER BOARD 43.8 50 FT 24.850 FT IRS 5O FT TOTAL (PER 516N FACE) 58.4 50 FT EXISTING PYLON SIGN SCALE : 1/4" = I' -O" A3 SCALE : VARIES Sagat Architects, P.A. 4159 Grand Avenue South Minneapolis, Minnesota 55409 Phone: (812) 822 -8200 FAX: (812) 822 -0806 E —Nail: info®wptarchitects.com Lu 02 I + (v co qo vv ALL QUESTIONS RELATED TO 510DINO AND co09TRU0TION OF TH15 PROP-CT SHALL BE DIRECTED TO HOLIDAY COMPANIES PRO..ECT MANAERR 604717 Al-TALON 4569 WEST 60114 STREET MINNEAPOLIS, MN 59431 PHONE. 452) e60 -5666 FAX, (153) 630-1616 0 ocs CZ CO ID CTS HEREBY CERTIFY THAT THIS RAN SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT 1 AM A PAY LICENSED ARCHITECT UNDER THE LAWS OF The STATE Q MINNESOTA, PRINT NAME. JOHN A. 5A5AT SIBNATLRE. 05TS. LICENSE K 12965 NO. DAR REVISION DESCRIPTION I 2/8/01 PLAN REVIEW 2 2/28/01 TRASH ENCLOSURE 00,1%.7 20.27 - %MAT 470037151* FA VATS 1 13/3001 PRO.L NO. 060639 -V� • AGENDA ITEM 6C STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: March 12, 2007 TOPIC: Resolution No. 07 - 43, Approving Plans and Specifications, County State Aid Highway 14 Vote Required: Simple Majority City staff has been working with Anoka County and the City of Centerville, for the past three years, to complete the design of CSAH 14 (Main Street) from I -35W to I -35E. Construction is anticipated to begin in June 2007, with substantial completion by Fall 2008. The proposed improvements include the reconstruction of the roadway to a two lane, street section from I -35W to the Rice Creek Chain of Lakes Regional Park Entrance, to a two lane with center turn lane from the Park Entrance to Brian Drive in the City of Centerville and to a four lane, street section from Brian Drive to 1 -35E. The intersection of CSAH 14 and CSAH 54 ipwill be signalized as part of the project. The project also includes the construction of a pedestrian /bicycle trail from I -35W to I -35E with an underpass at the public access on Peltier Lake. Attached are the General Layout sheets 2 & 3 of 438. Anoka County, the lead agency for the project is requesting municipal approval of the plans. RECOMMENDATION Staff is recommending approval of Resolution No. 07 -43, Approving Plans and Specifications, County State Aid Highway 14. • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 07 -43 RESOLUTION APPROVING PLANS AND SPECFICATIONS COUNTY STATE AID HIGHWAY 14. WHEREAS, plans for Project No. SP 02- 614 -14, SP 02- 621 -009, SP 02- 654 -001 and SP 210 - 020 -005 showing proposed alignment, profiles, grades and cross - sections for the construction, reconstruction or improvement of County State -Aid Highway No. 14 within the limits of the City as a State Aid Project have been prepared and presented to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: that said plans be in all things approved and the City Engineer is hereby authorized to sign the construction plans on behalf of the City. John Bergeson, Mayor • Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 12th day of March, 2007. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. • • • 8 q CHAIN OF LAKES cc REGIONAL P - 7 6 - 0 O 10: ANOKA COUNTY z z 0-r a m � Z o o x U L ��aea IIV Mt bi 'H'V'S'J _ — / - - -- g in _ —__ .,- -mac__ _____ — n L....MZ - 7 6 - 0 O 10: ANOKA COUNTY z z 0-r a m � Z o o x U L ��aea IIV Mt • • ANOKA COUNTY - 7 7 - V1.•trGar�wnIdV -IWJ t5i P�..�m 9002 b•/t • • STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: ACTION REQUIRED: BACKGROUND AGENDA ITEM 6D Michael Grochala March 12, 2007 Consideration of Resolution No. 07 -44 Approving Plans & Specifications and Authorizing Advertisement for Bids, Lake Dr. /I35W Interchange Improvements Simple Majority The City Council authorized the final design preparation of plans and specifications for the Lake Drive /I35W Interchange improvements on July 25, 2005 (Resolution No. 05- 107). The final design has been completed, reviewed and approved by the City, Anoka County and the Minnesota Department of Transportation (Mn /DOT). Staff is requesting council action to approve the plans and authorize advertisement for bids. The project schedule is as follows: March 12, 2007 April 12, 2007 April 23, 2007 June, 2008 Approve Plans and Authorize Advertisement for Bids Open Bids Consider Award of Contract Substantial Completion of Construction Funding for the project is being provided by Anoka County, Mn /DOT and the City of Lino Lakes. The City's share of the project cost is approximately $5.5 million. The City previously identified approximately $2.5 million as part of the Legacy at Woods Edge project. The remaining funding sources proposed include the Trunk Highway 49 Turnback funds ($955,000) and the use of Municipal State Aid Street funding. City staff is working with Springsted Inc., and Kennedy & Graven to complete the financing package. RECOMMENDATION Staff is recommending adoption of Resolution No. 07 -44 approving plans and specifications and authorizing advertisement for bids for the Lake Dr. /I35W Interchange Improvements ATTACHMENTS • 1. Resolution No. 07 -44 2. General Layout • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 07 -44 RESOLUTION ACCEPTING THE PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS LAKE DRIVE /I35W INTERCHANGE IMPROVEMENTS STATE PROJECT NO. 0280 -55 STATE AID PROJECT NO. 02- 623 -13 & 210 - 020 -04 C.S.A.H. 23 (LAKE DRIVE) WHEREAS, pursuant to a resolution passed by the council on July 25, 2005, SEH Inc., has prepared plans and specifications for the improvement of the Lake Drive /I35W Interchange; and WHEREAS, plans for Project No. SP 0280 -55 and S.A.P. 02 -623 -13 & 210 - 020 -04 showing proposed alignment, profiles, grades and cross - sections for the construction, reconstruction or improvement of County State -Aid Highway No. 23 and the westerly extension of Town Center Parkway within the limits of the City as a State Aid Project have been prepared and presented to the City. 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 until 10:00 a.m. on Thursday, April 12, 2007, 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 at 6:30 p.m. on Monday, April 23, 2007, 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. John J. Bergeson, Mayor 0 Julianne Bartell, City Clerk • • Adopted by the Lino Lakes City Council this 12t" day of March, 2007. N 4- 0 0 to 0 shts \det \li •L: DESIGN TEAM DRAWN BY: JMT DESIGNER• HLR CHECKED BY: SRH N C N.B. C.S.A.H. 23 (LAKE DR.) STA. 17 +76.14 MATCH EXISTING CITY OF LINO LAKES BEGIN CONSTRUCTIO. . S.W. RAMP STA. 40 +55.00 MATCH EXISTING 10.00 ( 89) 15.00 79 ( 16 ) LEGEND ® NEW SIGNALS — — EXISTING PAVEMENT NEW CONSTRUCTION (xxx ) xXx DRAINAGE AND SUPERELEVATION PLAN SHEET NUMBER CONSTRUCTION PLAN SHEET NUMBER TOPOGRAPHY AND UTILITY PLAN SHEET NUMBER 20 90 BEGIN CONSTRUCTION N.W. RAMP STA. 33 +78.76 MATCH EXISTING 80 35 00 S.B. C.S.A.H. 23. (LAKE DR.) 5 EW BRIDGE NO. R02817 LIL P0N0 AC 0.0 45 0 25.00 45.0 00 N.B. C.S.A.H. 23 (LAKE DR.) NARSNAN INFILTRATION POND 5007* MARSNAN POND NORTH EX. BRIDGE NO. BR9B20 3NV SCALE 200' END CONSTRUCTION q_ N.B. C.S.A.H. 23 (LAKE DR.) STA. 49 +91.40 MATCH EXISTING ( 91 ) 81 END CONSTRUCTION N.E. RAMP STA. 30 +86.34 MATCH EXISTING ANOKA COUNTY I hereby certify that this pion 005 prepored by me or under my direct supervision and thot 1 am 0 duly Licensed Profess! gnolEnglpeer ynder the lows of the State of Min Certified By: Printed Nome• I-.D✓ \ Lic No 21098 Icsnded Professional EngIYJr MARK R. DIERLING Dote: 1/3/2007 END CONSTRUCTION S.E. RAMP STA. 26 +98.89 MATCH EXISTING fi PHONE: 16 5114 90 -2 000 3535 V40NAIS CENTER DR. ST. PAUL. NN 55110 MINNESOTA DEPARTMENT OF TRANSPORTATION STATE PROJ. NO. 0280 -55 STATE AID PROJ. NO. 02- 623 -13 & 210- 020 -04 C.S.A.H. 23 (LAKE DRIVE) GENERAL LAYOUT ( 18 • AGENDA ITEM 6E • • STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: March 12, 2007 TOPIC: Resolution No. 07 -38, Authorizing Preparation of Plans and Specifications, 2007 Surface Water Management Project. Vote Required: Simple Majority BACKGROUND: Periodic maintenance on the storm water management system, including storm water ponds, drainage ways and the storm water sewer system is required to ensure effectiveness of the system. The preparation on the plans and specifications will define the project locations using input from public works, resident project requests, and feasibility of locations. Maintenance activities required at the selected sites are more extensive than what is typically undertaken by Public Works. To minimize mobilization costs these activities have been combined into one project. If the cost of any maintenance activities are determined to outweigh the benefit during the preparation of plans and specifications the project scope may be shifted or reduced. The City of Lino Lakes has budgeted $100,000.00 for this work in 2007. The schedule for this project is as follows: City Council Authorizes Plans and Specifications City Council Approves Plans and Specifications City Council Authorizes Ad for Bids Open Bids City Council Awards Contract Construction Begins RECOMMENDATION: March 12, 2007 May 14, 2007 May 14, 2007 June, 2007 June, 2007 August, 2007 Staff recommends adoption of Resolution Number 07 — 38 Authorizing Preparation of Plans and Specifications, 2007 Surface Water Management Project. • CITY OF LINO LAKES RESOLUTION NO. 07 -38 RESOLUTION AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE 2007 SURFACE WATER MANAGEMENT PROJECT. WHEREAS, it is proposed to perform maintenance activities on several storm water facilities, and WHEREAS, it is proposed to finance the project using $100,000.00 in Funds budgeted by the City of Lino Lakes for 2007, and WHEREAS, it is proposed to advertise for bids to construct the proposed improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: The City Engineer is designated as the engineer for this improvement and he is directed • to prepare plans and specifications for the 2007 Surface Water Management Project. • John Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 12th day of March, 2007. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. • AGENDA ITEM 6 F i STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: March 12, 2007 TOPIC: Second Reading: Ordinance No. 01 -07 Moratorium On Flashing, Changeable Signs ACTION: 3/5 BACKGROUND Changeable electronic billboards are being installed in various areas of the country and the Twin Cities. These billboards have large, digital, electronic screens that are programmed to change messages. Because the advertising industry is pushing for these signs, we should re- examine our sign ordinance. The ordinance establishes a moratorium on the installation of the signs to allow us to fully examine the issues. The first reading was approved on February 26. The moratorium ordinance is pretty comprehensive. No new electronic, changing signs would be allowed. While not all such signs will be deemed undesirable, we do not have the information to decide this yet, nor do we have the legal language that will differentiate the different types of signs. That's the purpose of the study. To try to exempt some types of signs from the moratorium without the legal research and language poses the danger of allowing loopholes for signs we definitely will want to prohibit. A question arose about illuminated signs. The study will consider illumination of signs in the context of the new technology, but the moratorium is not intended to prohibit all illumination of signs. To avoid confusion, the word "illumination" has been removed from the title of the ordinance. The clause establishing the moratorium (Section2, paragraph 3) does not include illumination. OPTIONS 1. Approve the second reading of Ordinance No. 01 -07 adopting a moratorium on digital, changing signs. 2. Return to staff with direction. RECOMMENDATION • Option 1 • • Council Member moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 01 -07 AN ORDINANCE ESTABLISHING A ONE YE MORATORIUM ON THE INSTALLATION, ERECTION, C G STRUCTION, REPLACEMENT, MODIFICATION OR IMPROVEMEN ' OF STATIC OR CHANGING ELECTRONIC, DIGITAL, VIDEO, DISP AY SIGNS OR BILLBOARDS AND FLASHING, MOTION, ANIMATED, HANGEABLE COPY SIGNS IN ALL ZONING DISTRICTS The City Council of Lino Lakes ordains: Section 1. Findings 1. The City of Lino Lakes regulates signs in all zoning districts. 2. Section II of Ordinance No. 05 -05, the Lino Lakes Sign Ordinance defines "flashing sign" as an illuminated sign on which such illumination is not kept constant in intensity or color at all times,�such sign is in usex 3. Section II of Ordinance No. 05 -05 states that there shall be no use of revolving beacons, flashing signs, zip flashers or similar lighted devices. 4. Representatives of the sign industry have issued press releases indicating the intention to deploy digital billboard networks in the Twin Cities of Minneapolis and St. Paul and their surrounding ring suburbs. 5. These digital billboards fall within the City ordinance definitions for flashing signs. 6. The City of Lino Lakes has several existing billboards and pylon signs along major public roadways within its corporate boundaries that currently do not have electronic, digital, video, display signs, billboards and billboard network displays. 7. The City of Lino Lakes regulates signs and displays on signs in order to reduce potential traffic safety hazards and visual blight. A major study on electronic signs prepared by the Federal Highway Administration (FHA) found that "motion or the illusion of motion of lights or other display features ", including animation, has "the greatest potential for motorist distraction as well as a dominant visual impact on the aesthetic environment ". (FHA Report, Part VI, Section L.) The FHA study also found that control of the message interval and message cycle as well as appearance of flashing must be regulated to prevent contributing to traffic hazards. (FHA Report, • • • Part VI, Sections G -J.) Signs, including changing image signs, that display graphics that are animated, or portray motion, or display rapidly moving messages may contribute to traffic safety hazards and /or have adverse aesthetic impacts on the visual environment; 8. There is a need to conduct a study so that the City of Lino Lakes can consider possible amendments to its sign ordinance and zoning regulations pertaining to electronic, digital, video display signs, billboards, billboard networks, flashing, motion, animated, changeable copy and illuminated signs; 9. There is a need for an interim ordinance to be adopted for the purpose of protecting the planning process and the welfare of the citizens of the City until such a study has been completed. There is a need to restrict certain signage until the study has been completed and any modifications to the City's sign ordinance and zoning regulations are accomplished; 10. Minnesota Statutes, section 462.355, subdivision 4, permits the adoption of interim zoning ordinances during the planning process. Sec. 2. Planning Study; Moratorium. 1. The City of Lino Lakes Staff are directed to undertake a study regarding electronic, digital, and video display signs, billboards, billboard networks, flashing, motion, animated, changeable copy and illuminated signs. The scope of the study should include review of regional and national studies, local research, ordinances in other jurisdictions, review of relevant studies and a legal analysis of applicable case law, sign display operational literature, existing electronic signs and other factual and quantifiable information. 2. Upon completion of the study, the matter is to be considered by the Planning & Zoning Board for its review and recommendation to the City Council. 3. A moratorium is hereby adopted on the installation, erection, or construction of any new sign or the alteration, modification or replacement of any existing sign, so that the new or existing sign (as altered or modified) uses static or changing electronic, digital, or video display or flashing, motion, animated, or changeable copy. The moratorium applies in all Zoning Districts. The moratorium does not apply to repair or replacement of either an existing legal sign or an existing legal nonconforming sign that has been damaged by less than 50 percent of its market value (using the replacement cost approach to value), as determined by the building official, provided that the repair or replacement only restores the damaged sign to the same condition and method of construction and operation that existed prior to the damage. f"'Wle-L O_--j17tiu.v\ /1 — LSI -1-0 a s E 4 vvt c , CAI a vt ,e fr t 4--7 r,,,- 4. The moratorium is adopted pending completion of the study authorized by this a kt u r ci�ji ordinance and the adoption of any amendments to the City's sign ordinance, Zonings -fhb is te s5- —La,ek 7 c) .-t-~t. - 8 5 - Ordinance No. 01 -07, page 2 • • • Ordinance, or other applicable official control. No sign alteration shall be completed without a permit, and no sign permit may be issued for any sign within the scope of this moratorium. Sec. 3. Enforcement. The City may enforce this ordinance by mandamus, injunction or other appropriate civil remedy in any court of competent jurisdiction. Sec. 4. Term. Unless earlier repealed by the City Council, the moratorium established under this resolution shall remain in effect for one year after its effective date. The moratorium period may be extended for a reasonable time, in accordance with Minnesota Statutes Section 462.355. Sec. 5. Effective Date. This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. John Bergeson, Mayor Attest: Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 12th day of March , 2007. The motion for the adoption of the foregoing ordinance was duly seconded by Council Member and upon a vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said ordinance was declared duly passed and adopted. - 8 6 - Ordinance No. 01 -07, page 3 • AGENDA ITEM 6 F ii STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: March 12, 2007 TOPIC: Resolution 07 -45 Summary of Ordinance 01 -07 for Publication ACTION: 4/5 BACKGROUND The City Council approved the second reading of Ordinance 01 -07 establishing a moratorium on certain types of signs. Under state law and the city charter, the ordinance must be published in the official newspaper. The approved ordinance is very lengthy. State law and the charter allow for the publication of a summary of the ordinance. • Minnesota Statutes 412.191 provide that the city council may by a four -fifths vote of its members direct that only the title of the ordinance and a summary be published. The summary must be an intelligible synopsis of the essential elements of the ordinance. OPTIONS 1. Approve Resolution No. 07 -45, approving the ordinance summary for publication. 2. Return to staff with direction. RECOMMENDATION Option 1 • • • • CITY OF LINO LAKES RESOLUTION NO. 07 -45 RESOLUTION APPROVING A SUMMARY OF ORDINANCE NO. 01-07 FOR PUBLICATION WHEREAS, the City Council approved Ordinance No. 01 -07, amending the sign ordinance, on March 12, 2007; and WHEREAS, Ordinance No. 01 -07 is lengthy and MN statute 412.191 provides for a city to publish a summary of an ordinance, and WHEREAS, the City Council determines that the summary clearly informs the public of the intent and effect of the ordinance, and WHEREAS, the publication in the official newspaper will include a notice that a full printed copy of the ordinance is available at City Hall, NOW, THEREFORE BE IT RESOLVED THAT the City Council approves the summary in Attachment A for publication according to state law and the City Charter. John J. Bergeson, Mayor Attest: Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 12th day of March , 2007. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon a vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. • • Al '1 ACHMENT A, RESOLUTION 07 -45 CITY OF LINO LAKES COUNTY OF ANOKA SUMMARY OF ORDINANCE NO. 01 -07 AN ORDINANCE ESTABLISHING A ONE YEAR MORATORIUM ON THE INSTALLATION, ERECTION, CONSTRUCTION, REPLACEMENT, MODIFICATION OR IMPROVEMENT OF STATIC OR CHANGING ELECTRONIC, DIGITAL, VIDEO, DISPLAY SIGNS OR BILLBOARDS AND FLASHING, MOTION, ANIMATED,-CHANGEABLE COPY SIGNS IN ALL ZONING DISTRICT • Section 1. Findings Section 2. Planning Study; Moratorium. 1. The City of Lino Lakes Staff are directed to undertake a study regarding electronic, digital, and video display signs, billboards, billboard networks, flashing, motion, animated, changeable copy and illuminated signs. 2. Upon completion of the study, the matter is to be considered by the Planning & Zoning Board for its review and recommendation to the City Council. 3. A moratorium is hereby adopted on the installation, erection, or construction of any new sign or the alteration, modification or replacement of any existing sign, so that the new or existing sign (as altered or modified) uses static or changing electronic, digital, or video display or flashing, motion, animated, or changeable copy. The moratorium applies in all Zoning Districts. 4. The moratorium is adopted pending completion of the study authorized by this ordinance and the adoption of any amendments to the City's sign ordinance, Zoning Ordinance, or other applicable official control. No sign alteration shall be completed without a permit, and no sign permit may be issued for any sign within the scope of this moratorium. Section 3. Enforcement: The City may enforce this ordinance by mandamus, injunction or other appropriate civil remedy in any court of competent jurisdiction. Sec. 4. Term: Unless earlier repealed by the City Council, the moratorium established under this resolution shall remain in effect for one year after its effective date. Section 5. Effective Date: This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Adopted by the Lino Lakes City Council this 12th day of March , 2007. This is a summary of the adopted ordinance. A full printed copy is available at City Hall.