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08/25/2003 Council Packet
• • • WORK SESSION AGENDA CITY OF LINO LAKES Wednesday August 20, 2003 CITY COUNCIL WORK SESSION Community Room (not televised) 5:30 P.M. 1. Discuss Proposed Comprehensive Parks, Recreation Facilities, Open Space /Greenways, and Trails Plan, Michael Grochala and Rick DeGardner 2. Trapper's Crossing Drainage Issues 3. Surface Water Management Plan, Jim Jacques (TKDA) and Michael Grochala 4. Hailey Manor Residential Subdivision, Jeff Smyser 5. Receive report on Open World Leadership Program from Barbara Bor 6. Village Purchase Agreement (City Property), Michael Grochala & Mary Divine 7. Council Guidelines — Jeff O'Donnell 8. Discuss Posting of Personal Protection Act (Conceal and Carry), Police Chief Dave Pecchia. 9. Tri-City Coalition Update, Michael Grochala 10. Birch Street Speed Study 11. Bruggeman Development Park discussion, Michael Grochala & Jeff Smyser 12. Mountain Machine Industrial Building Expansion, Michael Grochala & Jeff Smyser 13. Regular Agenda Items 14. Adjourn Revised 08/20/03 ajb 2:45 p.m. PAGE 1 • • • AGENDA CITY OF LINO LAKES Monday, August 25, 2003 Council Chambers City Council meeting 6:30 p.m. (Scheduled to be broadcast on Channel 16) Call to Order and Roll Call Pledge of Allegiance Setting the Agenda: Addition or deletion of agenda items 1. Consent Agenda - A) Consideration of Expenditures: i) August 25, 2003 (Check No. 68870 through 68987 in the amount of $417,698.23). ii) Centennial Fire District (Check No. 13906 through 13930 in the amount of $7,208.44). B) Consider Approving Block Party Application for Pineridge 2. Open Mike 3. Finance Department Report, Al Rolek None. 4. Administration Department Report, Dan Tesch A) Consider Resolution 03 -130 Appointing Acting City Administrator B) Consider Adoption of Resolution 03 -131 Establishing Process for Replacing City Administrator C) Consider Making a Conditional Offer of Employment for Part-Time Utility Billing Clerk (to follow on Monday, following interviews) 5. Public Safety Department Report, Dave Pecchia Page 1 • • AGENDA A) Consider Resolution No. 03 -132, Safe and Sober Grant 6. Public Services Department Report, Rick DeGardner None. 7. Community Development Department Report, Michael Grochala A) Hailey Manor Residential Subdivision, Jeff Smyser i. Consideration of Resolution No. 03 -119, Amending the 2001 Comprehensive Plan ii. Consider 1st Reading of Ordinance 16 -03, Rezoning Property from R -Rural to R -1, Single Family Residential iii. Consideration of Resolution No. 03 -120, Approving Preliminary Plat and Variance for Lot Depth. B) Consideration of Resolution No. 03 -135, Approving Purchase Agreement for City Property, Legacy Holdings Lino Lakes, LLC, Mary Alice Divine. C) Consideration of Resolution No. 03 -137, Authorizing Distribution on Surface Water Management Plan for Review, Jim Jacques D) Ravens Hollow Residential Development, Jeff Smyser i. Consider First Reading, Ordinance No. 17 -03, Rezoning to Planned Unit Development ii. Consideration of Resolution 03 -134, Preliminary Plat/PUD Development Plan and MUSA Reserve Allocation E) Consideration of Resolution No. 03 -136, Amending the 2001 Comprehensive Plan, Hokanson Family Partnership, Jeff Smyser Consideration of Resolution No. 03 -133, Approving a Variance for property located at 6340 Red Maple Lane, Tanda Gretz G) Consideration of Resolution No. 03 -138, Approving Plans and Specifications and Authorizing Advertisement for Bids, Century Trail Lift Station, Jim Studenski 8. Unfinished Business None. • • AGENDA 9. New Business A) Approval of minutes of August 6, 2003 Council Work Session B) Approval of minutes of August 11, 2003 City Council Meeting (to follow on Friday) 10. Community Calendar, August 26, 2003 through September 8, 2003: A) Environmental Board Meeting, Wednesday, August 27, 2003, 6:30 p.m. B) Park Board Meeting, (Park Tour) Tuesday, September, 2, 2003 C) Council Work Session, Wednesday, September 3, 2003, 5:30 p.m. D) EDAC Meeting, Thursday, September 4, 2003, 7:00 p.m. E) City Council Meeting, Monday, September 8, 2003, 6:30 p.m. 11. Adjourn Revised 08/19/03 AJB 1:19 p.m. EXPENDITURES AUGUST 25, 2003 Date: 08/07/2003 Time: 10:02:23 City of Lino Lakes FM Entry - Invoice Journal s: Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 3346 - 3346 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Options: Detail / Summary: S Sort: N Operator: JAL Page: 1 Invoice Status: A # of copies: 1 Check Over Expend: N Discount Vendor # Name # of items Net Gross Discount Lost 000093 ACE SOLID WASTE, INC. 2 354.13 354.13 .00 .00 000389 CUB FOODS 1 55.44 55.44 .00 .00 000675 BILL'S RENTAL CENTER, INC. 1 42.55 42.55 .00 .00 000922 BURSACK, ELIZABETH 1 28.41 28.41 .00 .00 001040 CENTENNIAL FIRE DISTRICT 1 1,500.00 1,500.00 .00 .00 001115 CHICILO HOMES, INC. 1 500.00 500.00 .00 .00 001260 ACCLAIM BENEFITS 1 181.25 181.25 .00 .00 001981 INTEGRA HOMES, INC. 1 235.75 235.75 .00 .00 002289 PLATZER, NANCY 1 68.00 68.00 .00 .00 002694 SBC, INC. 1 27.54 27.54 .00 .00 CO9 BRINK, MATT 1 40.00 40.00 .00 .00 003218 SINNA, NANCY 1 51.00 51.00 .00 .00 003250 XCEL ENERGY 1 3,013.40 3,013.40 .00 .00 003390 OFFICEMAX, INC. 1 683.59 683.59 .00 .00 003600 PRESS PUBLICATIONS, INC. 2 1,374.48 1,374.48 .00 .00 900488 WILD MOUNTAIN, INC. 1 418.00 418.00 .00 .00 Grand Totals: 18 8,573.54 8,573.54 .00 .00* Date: 08/18/2003 Time: 13:26:47 Vendor #: (A) Invoice #: (A) Entry Journal #: (r) 3359 3359 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 1 Options: Detail / Summary: S Invoice Status: A # of copies: 1 Sort: N Check Over Expend: N Discount Vendor # Name # of items Net Gross Discount Lost 000012 AUDIO COMMUNICATIONS 1 496.13 496.13 00 00 000020 A & L SUPERIOR SOD CO, INC. 1 3.04 3.04 .00 .00 000080 ABLE HOSE AND RUBBER, INC. 1 22.15 22.15 .00 .00 000100 AID ELECTRIC SERVICE, INC. 1 1,004.56 1,004.56 .00 .00 000103 ONVOY, INC. 1 47.50 47.50 .00 .00 000162 BARNA, GUZY & STEFFEN, LTD. 1 196.00 196.00 .00 .00 000165 ALAUN DISTRIBUTING, INC. 1 140.00 140.00 00 00 000177 MAIN FLORAL LTD, INC. 1 32.63 32.63 .00 .00 000200 AMERICAN FAMILY LIFE ASSUR, INC. 1 176.20 176.20 .00 .00 000293 WIPERS AND WIPES, INC. 1 31.95 31.95 .00 .00 •18 AMERIPRIDE LINEN /APPAREL SERVICES, INC. 1 69.08 69.08 .00 .00 000320 ANCHOR PAPER COMPANY, INC. 1 938.53 938.53 .00 .00 000370 CENTRAL COMMUINICATIONS 3 452.14 452.14 .00 '.00 000399 ALLDATA CORPORATION 1 1,500.00 1,500.00 .00 .00 000408 AFSCME COUNCIL #14 1 609.68 609.68 .00 00 000415 ERDING, MICHELE 1 69.00 69.00 .00 .00 000440 ANOKA COUNTY GOVERNMENT CENTER 1 148.84 148.84 .00 .00 003250 XCEL 1 30, 850.00 30, 850.00 .00 .00 000540 AUTO- MEDICS, INC. 1 58.58 58.58 .00 .00 000544 STATE OF MINNESOTA 1 30.00 30.00 .00 .00 000598 MINNESOTA PIPE & EQUIPMENT, INC. 1 1,112.82 1,112.82 .00 .00 000677 PHILIP'S TREE CARE 1 958.50 958.50 .00 .00 Date: 08/18/2003 Time: 13:26:47 • # Name City of Lino Lakes Operator: JAL Page: 2 FM Entry - Invoice Journal # of items Net Gross Discount Discount Lost 000697 KNISLEY CONSTRUCTION 2 3,000.00 3,000.00 .00 .00 000698 KEY LAND HOMES 1 500.00 500.00 .00 .00 000724 BLUE TOW SERVICE, INC. 1 85.00 85.00 .00 .00 000877 ST. LOUIS PARK PARK & REC 1 216.00 216.00 .00 .00 000880 BRYAN ROCK PRODUCTS, INC. 1 454.61 454.61 .00 .00 000891 ZYLSTRA HARLEY- DAVIDSON, INC. 2 758.88 758.88 .00 .00 000900 BUMPER TO BUMPER, INC. 1 893.66 893.66 .00 .00 000930 WILLIAM G. HAWKINS & ASSOCIATES 1 14,775.71 14,775.71 .00 .00 000946 C. P. OFFICE PRODUCTS 2 335.49 335.49 .00 .00 000990 NEW HOLLAND PLAN 1 14.48 14.48 .00 .00 001008 COLUMBUS, TOWN OF 1 3,153.38 3,153.38 .00 .00 001046 F.M. FRATTALONE EXC /GRADING, INC. 1 125,289.71 125,289.71 .00 .00 001062 CULLIGAN, BOTTLED WATER, INC. I 123.60 123.60 .00 .00 001148 CLEARWATER CREEK CONVENIENCE CENTER, INC 1 59.64 59.64 .00 .00 001187 CONNEXUS ENERGY 1 7,007.00 7,007.00 .00 .00 111/2 ENCOMM MIDWEST, LLC 1 12,420.93 12,420.93 .00 .00 001270 DALCO, INC. 1 529.94 529.94 .00 .00 001292 DEHN OIL COMPANY, INC. 2 3,760.56 3,760.56 .00 .00 001480 HAWKINS WATER TREATMENT GROUP, INC. 1 7,879.44 7,879.44 .00 .00 001530 FOREST LAKE FORD, INC. 1 631.63 631.63 .00 .00 001560 FRATTALLONE'S HARDWARE, INC. 1 170.91 170.91 .00 .00 001600 GALL'S INC. 1 406.80 406.80 .00 .00 001620 GLENWOOD INGLEWOOD, INC. 1 126.27 126.27 .00 .00 001680 ONE CALL CONCEPTS, INC. 1 441.75 441.75 .00 .00 001720 W. W. GRAINGER, INC. 1 7.94 7.94 .00 .00 001850 HOFFMAN, MICHAEL 1 30.00 30.00 .00 .00 001880 HUGO FEED MILL & ELEVATOR, INC. 1 24.27 24.27 .00 .00 Date: 08 /18/2003 Time: 13:26:48 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 3 Discount Ve41/ # Name # of items Net Gross Discount Lost 001971 INFRATECH TECHNOLOGIES, INC. 1 958.13 958.13 .00 .00 002000 INTL UNION OF OPER ENGR 1 420.00 420.00 .00 .00 002009 10,000 LAKES CHAPTER 1 60.00 60.00 .00 .00 002107 TOLL GAS & WELDING SUPPLIES, INC. 1 5.27 5.27 .00 .00 002153 KNOWLAN'S SUPER MARKETS, INC. 1 59.01 59.01 .00 .00 002178 WILSON DEVELOPMENT SERVICES 1 294.45 294.45 .00 .00 002230 DIVINE, MARY 1 38.23 38.23 .00 .00 002270 LAKESIDE AUTO & PAINT, INC. 1 520.63 520.63 .00 .00 002323 AMERICAN SURFACES CORPORATION OF MINNESO 1 2,050.00 2,050.00 .00 .00 002328 LEEF BROTHER, INC. 1 12.07 12.07 .00 .00 002467 MAC MAY HOMES 1 1,500.00 1,500.00 .00 .00 002492 TETRA TECH EM, INC. 1 490.00 490.00 .00 .00 002550 MENARDS, INC. 1 321.81 321.81 .00 .00 002565 METRO ATHLETIC SUPPLY, INC. 1 808.60 808.60 .00 .00 002570 METRO COUNCIL WASTEWATER SERVICES 1 85,423.42 85,423.42 .00 .00 (.1 METRO SALES INCORPORATED 1 385.54 385.54 .00 .00 002700 CENTERPOINT /MINNEGASCO, INC. 1 273.41 273.41 .00 .00 002788 QUICKSILVER EXPRESS COURIER, INC. 1 50.85 50.85 .00 .00 003070 MTI DISTIBUTING, INC. 1 195.00 195.00 .00 .00 003090 NARDINI FIRE EQUIPMENT CO., INC. 1 143.90 143.90 .00 .00 003091 MINN NCPERS GROUP LIFE INSURANCE 1 400.00 400.00 .00 .00 003123 NATURE CALLS, INC. 1 567.45 567.45 .00 .00 003180 NEWMAN TRAFFIC SIGNS, INC. 1 190.63 190.63 .00 .00 003219 DIVERSIFIED SNACK DISTRIBUTION 1 270.00 270.00 .00 .00 003220 FACTORY MOTOR PARTS COMPANY 1 279.94 279.94 .00 .00 003226 LARSON, KEITH 1 680.44 680.44 .00 .00 003227 MN FALL MAINTENANCE EXPO 1 210.00 210.00 .00 .00 Date: 08/18/2003 Time: 13:26:48 Name City of Lino Lakes Operator: JAL Page: 4 FM Entry - Invoice Journal Discount # of items Net Gross Discount Lost 003229 003240 003250 003474 003512 003700 003749 003880 003882 003910 004059 004150 004240 004340 004350 i 004427 004469 004530 004560 004709 900066 900223 900524 MUELLER FAMILY THEATRES 1 195.00 195.00 .00 .00 NORTHWESTERN UNIVERSITY 1 3,500.00 3,500.00 .00 .00 XCEL ENERGY 2 7,821.53 7,821.53 .00 .00 PAYNE, TIM 1 39.25 39.25 .00 .00 PIONEER RIM & WHEEL COMPANY, INC. 1 221.68 221.68 .00 .00 RECTOR, JON 1 96.29 96.29 .00 .00 REGISTERED ABSTRACTERS, INC. 1 950.75 950.75 .00 .00 SHORT- ELLIOTT- HENDRICKSON, INC. 2 2,887.34 2,887.34 .00 .00 SHRED -IT, INC. 1 54.95 54.95 .00 .00 SAM'S CLUB, INC. 1 270.15 270.15 .00 .00 SMYSER, JEFF 1 152.50 152.50 .00 .00 STAR TRIBUNE, INC. 1 27.95 27.95 .00 .00 STREICHER'S, INC. 1 139.90 139.90 .00 .00 T.A. SCHIFSKY AND SONS, INC. 2 5,252.71 5,252.71 .00 .00 T.K.D.A. 27 64,452.35 64,452.35 .00 .00 THANE HAWKINS POLAR CHEVROLET, INC. 1 603.75 603.75 .00 .00 TIMESAVER OFF -SITE SECRETARIAL, INC 2 852.73 852.73 .00 .00 TOUSLEY FORD, INC. 1 209.25 209.25 .00 .00 TURF SUPPLIES, INC. 1 974.05 974.05 .00 .00 U S BANK 1 657.85 657.85 .00 .00 VARSITY PHOTOS, INC. 1 130.00 130.00 .00 .00 AVALON HOMES 1 500.00 500.00 .00 .00 REHBEIN TRANSIT, INC. 1 400.00 400.00 .00 .00 BURGER, LUANN 1 81.00 81.00 .00 .00 Grand Totals: 136 409,124.69 409,124.69 .00 .00* Date: 08/18/2003 Time: 13:32:21 Operator: JAL • Ranges: Options: Page: 1 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Fund: Dept Id: Program: Vendor #: Invoice #: Schedule Journal #: Bank #: Cash h# : Payroll Check Dates: Print: Report Format: # of copies: Total By Account: Check # Vendor Alpha Name (A) (A) (A) (A) (A) (R) 3347 - 3360 (A) (A) (A) D 1 1 Y Sort: D Print Ranges /Options: Y Process Payroll: N Page on Sort: N Description Dept Amount 0 AFSCME COUNCIL #14 PAYROLL WITHHOLDING 0 AMERICAN FAMILY LIFE .A PAYROLL WITHHOLDING 0 AVALON HOMES REIMS BLDG ESCROW /7987 H 0 BLUE TOW SERVICE, INC. TOW/'oi CHEV S -10 68875 CENTENNIAL FIRE DISTRI SAFETY CAMP 68876 CHICILO HOMES, INC. REIMB BLDG ESCROW /350 SI 0 CONNEXUS ENERGY OUTDOOR LIGHTING /CENTURY 0 ERDING, MICHELE REIMBURSE PROGRAM REC 0 FOREST LAKE FORD, INC. PARTS /SUPPLIES 68878 INTEGRA HOMES, INC. REPLACE AP #65311 0 INTL UNION OF OPER ENG PAYROLL WITHHOLDING O KEY LAND HOMES REIMS BLDG ESCROW /529 HE 0 KNISLEY CONSTRUCTION REIMB BLDG ESCROW /540 MY 0 MAC MAY HOMES REIMB BLDG ESCROW /698 HI O METRO COUNCIL WASTEWAT JULY SAC /SEPTEMBER SEWER 0 MINN NCPERS GROUP LIFE PAYROLL WITHHOLDING 68880 PLATZER, NANCY REIMBURSE PROGRAM REC 0 QUICKSILVER EXPRESS CO DELIVERY SERVICE 0 SHORT - ELLIOTT - HENDRICK VILLAGE DEVELOPMENT EAW/ 68883 SINNA, NANCY REIMBURSE PROGRAM REC 0 T.K.D.A. CENTURY FARMS NORTH GRAD O TETRA TECH EM, INC. PLANT SURVEY- MARSHAN IND 0 WILLIAM G. HAWKINS & A CRIMINAL /MUNICIPAL ATTOR 0 ZYLSTRA HARLEY- DAVIDSO SERVICE #303 Total for Dept ** 68873 BRINK, MATT 68877 0 0 0 0 68884 CUB FOODS REHBEIN TRANSIT, INC. SAM'S CLUB, INC. ST. LOUIS PARK PARK & U S BANK WILD MOUNTAIN, INC. REIMBURSE PROGRAM REC Total for Dept 202 SUPPLIES TRANSPORTATION /PROGRAM R SUPPLIES PROGRAM REC /AQUATIC INTERNET SERVICE /SUPPLIE PROGRAM REC Total for Dept 205 * * * * * * ** * * * * * * ** * * * * * * ** * *- * * * * ** * * * * * * ** * * * * * * ** * * * * * *** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** ADULT SP SPECIAL SPECIAL SPECIAL SPECIAL SPECIAL SPECIAL 609.68 176.20 500.00 85.00 1,500.00 500.00 7,007.00 69.00 73.81 235.75 420.00 500.00 3,000.00 1,500.00 44,178.75 400.00 68.00 50.85 2,887.34 51.00 21,820.66 490.00 632.50 758.88 87,514.42* 40.00 40.00* 55.44 400.00 55.11 216.00 63.40 418.00 1,207.95* Date: 08/18/2003 Time: 13:32:21 Operator: JAL Page: City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description 0 0 0 0 0 0 68881 0 0 Dept Amount ALAUN DISTRIBUTING, IN SUPPLIES /PROGRAM REC BURGER, LUANN DANCE CLASSES DIVERSIFIED SNACK DIST SNACKS /PROGRAM REC KNOWLAN'S SUPER MARKET SUPPLIES METRO ATHLETIC SUPPLY, PROGRAM REC MUELLER FAMILY THEATRE PROGRAM REC PRESS PUBLICATIONS, IN ADVERTISING SAM'S CLUB, INC. SUPPLIES VARSITY PHOTOS, INC. PHOTOS Total for Dept 207 YOUTH IN YOUTH IN YOUTH IN YOUTH IN SUPPLIES YOUTH IN YOUTH IN YOUTH IN YOUTH IN YOUTH IN 68881 PRESS PUBLICATIONS, IN ADVERTISING Total for Dept 208 68872 BILL'S RENTAL CENTER, PICNIC /GRILL RENTAL 0 MAIN FLORAL LTD, INC. FLORAL ARRANGEMENT 0 TIMESAVER OFF -SITE SEC JULY 30 /AUGUST 4 & AUGUS Total for Dept 401 68870 ACCLAIM BENEFITS 0 BARNA, GUZY & STEFFEN, PROFESSIONAL SERVICES 0 CULLIGAN, BOTTLED WATE MONTHLY SERVICE /JULY O ONVOY, INC. WEB HOSTING Total for Dept 402 FLEXIBLE SPENDING ADMINI 68881 PRESS PUBLICATIONS, IN ADVERTISING • Total for Dept 407 YOUTH SP MAYOR /CO MAYOR /CO MAYOR /CO ADMINIST ADMINIST ADMINIST ADMINIST FINANCE 0 WILLIAM G. HAWKINS &A CRIMINAL /MUNICIPAL ATTOR LEGAL CO Total for Dept 414 O DIVINE, MARY MILEAGE /MEALS /SUPPLIES Total for Dept 415 0 SMYSER, JEFF PARKING /SEMINAR Total for Dept 416 0 T.K.D.A. ECONOMIC PLANNING OTTER LAKE ROAD /CSAH 14 ENGINEER Total for Dept 417 O AID ELECTRIC SERVICE, 0 ANOKA COUNTY GOVERNMEN O CENTRAL COMMUINICATION O CLEARWATER CREEK CONVE O GALL'S INC. O GLENWOOD INGLEWOOD, IN 0 METRO SALES INCORPORAT O MN FALL MAINTENANCE EX O NORTHWESTERN UNIVERSIT O SHRED -IT, INC. LIGHT REPAIR /SIRENS SHARED COST /2ND QTR MODEM AGREEMENT /SEPTEMBE CAR WASHES SPEAKER MONTHLY SERVICE /JULY POLICE POLICE POLICE POLICE POLICE POLICE COPIER OVERAGE /MAINTENAN POLICE REGISTRATION /6 POLICE SCHOOL OF POLICE STAFF /C POLICE DESTROY CONFIDENTIAL MAT POLICE 140.00 81.00 270.00 59.01 808.60 195.00 297.00 132.72 130.00 2,113.33* 297.00 297.00* 42.55 32.63 430.73 505.91* 181.25 24.00 123.60 47.50 376.35* 545.03 545.03* 13,510.71 13,510.71* 38.23 38.23* 152.50 152.50* 11,574.66 11,574.66* 1,004.56 148.84 452.14 59.64 406.80 40.26 385.54 210.00 3,500.00 54.95 Date: 08/18/2003 Time: 13:32:21 Operator: JAL Page: 3 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description Dept Amount 0 STREICHER'S, INC. UNIFORM SUPPLIES POLICE 139.90 0 XCEL ENERGY MONTHLY SERVICE /JULY POLICE 3.14 Total for Dept 420 6,405.77* 10,000 LAKES CHAPTER REGISTRATION /VERN R BUILDING 60.00 FRATTALLONE'S HARDWARE PARTS /SUPPLIES BUILDING 16.80 Total for Dept 422 76.80* O A & L SUPERIOR SOD CO, SOD STREETS 3.04 0 ABLE HOSE AND RUBBER, PARTS /HOSE REPAIR STREETS 22.15 0 AUDIO COMMUNICATIONS REPLACE RADIO CONTROLLER STREETS 496.13 0 COLUMBUS, TOWN OF TREATMENT /PINE STREET STREETS 3,153.38 0 FRATTALLONE'S HARDWARE PARTS /SUPPLIES STREETS 19.33 0 NEWMAN TRAFFIC SIGNS, STREET PAINTING SUPPLIES STREETS 190.63 O RECTOR, JON REIMBURSE CLOTHING ALLOW STREETS 96.29 68882 SBC, INC. MONTHLY SERVICE /JULY STREETS 9.18 O T.A. SCHIFSKY AND SONS ASPHALT STREETS 5,252.71 0 XCEL ENERGY MONTHLY SERVICE /JULY STREETS 286.43 68885 XCEL ENERGY MONTHLY SERVICE /JULY STREETS 3,013.40 Total for Dept 430 12,542.67* O ALLDATA CORPORATION SOFTWARE SUPPORT FLEET 1,500.00 O AUTO- MEDICS, INC. TOW #438 FLEET 58.58 O - BUMPER TO BUMPER, INC. PARTS /SUPPLIES FLEET 893.66 O DEHN OIL COMPANY, INC. DIESEL FUEL. FLEET 3,760.56 O FACTORY MOTOR PARTS CO STARTER /CONTAINER /ACTUAT FLEET 279.94 • 0 FOREST LAKE FORD, INC. PARTS /SUPPLIES FLEET 557.82 0 FRATTALLONE'S HARDWARE PARTS /SUPPLIES FLEET .26 O HUGO FEED MILL & ELEVA MAINTENANCE SUPPLIES FLEET 24.27 O LEEF BROTHER, INC. SHOP TOWELS FLEET 12.07 O NEW HOLLAND PLAN DISC /O -RING FLEET 14.48 O PIONEER RIM & WHEEL CO WHEEL /HOOK MOUNT FLEET 221.68 O THANE HAWKINS POLAR CH PARTS /SUPPLIES FLEET 603.75 O TOLL GAS & WELDING SUP CYLINDER RENTAL FLEET 5.27 O TOUSLEY FORD, INC. PARTS FLEET 209.25 O W. W. GRAINGER, INC. ROCKER SWITCH FLEET 7.94 Total for Dept 431 8,149.53* 68871 ACE SOLID WASTE, INC. MONTHLY SERVICE /15140 GOVERNME 212.56 O AMERIPRIDE LINEN /APPAR MAT RENTAL GOVERNME 69.08 O ANCHOR PAPER COMPANY, PAPER GOVERNME 938.53 0 BARNA, GUZY & STEFFEN, PROFESSIONAL SERVICES GOVERNME 172.00 O C. P. OFFICE PRODUCTS OFFICE SUPPLIES GOVERNME 335.49 0 CENTERPOINT /MINNEGASCO MONTHLY SERVICE /JULY GOVERNME 116.71 O DALCO, INC. REPLACEMENT OF VACUUM GOVERNME 529.94 0 FRATTALLONE'S HARDWARE PARTS /SUPPLIES GOVERNME 4.25 0 GLENWOOD INGLEWOOD, IN MONTHLY SERVICE /JULY GOVERNME 86.01 O LAKESIDE AUTO & PAINT, REPAIR /REFINISH #356 GOVERNME 520.63 O NARDINI FIRE EQUIPMENT ANNUAL INSPECTION GOVERNME 143.90 68879 OFFICEMAX, INC. OFFICE SUPPLIES GOVERNME 683.59 Date: 08/18/2003 Time: 13:32:21 Operator: JAL Page: 4 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description Dept Amount 0 SAM'S CLUB, INC. 0 STAR TRIBUNE, INC. 0 STATE OF MINNESOTA 0 U S BANK 0 WIPERS AND WIPES, INC. 0 XCEL ENERGY 68871 0 0 0 0 0 0 0 0 0 0 SUPPLIES GOVERNME SUBSCRIPTION GOVERNME BOILER /PRESSURE REGISTRA GOVERNME INTERNET SERVICE /SUPPLIE GOVERNME ROLLTOWELS GOVERNME MONTHLY SERVICE /JULY GOVERNME Total for Dept 432 ACE SOLID WASTE, INC. BRYAN ROCK PRODUCTS, I CENTERPOINT /MINNEGASCO FRATTALLONE'S HARDWARE PARTS /SUPPLIES MONTHLY SERVICE /13926 AGGREGATE ROCK MONTHLY SERVICE /JULY HOFFMAN, MICHAEL MENARDS, INC. MTI DISTIBUTING, IN NATURE CALLS, INC. PHILIP'S TREE CARE TURF SUPPLIES, INC. XCEL ENERGY 68874 BURSACK, ELIZABETH 0 SAM'S CLUB, INC. 0 U S BANK • O TIMESAVER OFF -SITE TIMESAVER OFF -SITE C. REIMBURSE UNIFORM STONE /GLOVES HOSE PORTABLE RESTROOM ROUND UP /2 PARKS PARK SUPPLIES MONTHLY SERVICE /JULY Total for Dept 450 PARKS PARKS PARKS PARKS ALLOWA PARKS PARKS PARKS RENTAL PARKS PARKS PARKS PARKS MILEAGE /MEALS /SUPPLIES RECREATI SUPPLIES RECREATI INTERNET SERVICE /SUPPLIE RECREATI Total for Dept 451 SEC JULY 30 /AUGUST 4 & AUGUS PARK BOA Total for Dept 452 SEC JULY 30 /AUGUST 4 & AUGUS ENVIRONM Total for Dept 461 FRATTALLONE'S HARDWARE PARTS /SUPPLIES Total for Dept 463 0 CENTERPOINT /MINNEGASCO MONTHLY SERVICE /JULY 0 FRATTALLONE'S HARDWARE PARTS /SUPPLIES O HAWKINS WATER TREATMEN CHEMICALS O MINNESOTA PIPE & EQUIP VALVE BOX TOP /LID /RISER O ONE CALL CONCEPTS, INC MONTHLY SERVICE /JULY 68886 M PAYNE, TIM REIMBURSE POSTAGE 68881 PRESS PUBLICATIONS, IN ADVERTISING 68882 SBC, INC. MONTHLY SERVICE /JULY 0 XCEL ENERGY MONTHLY SERVICE /JULY Total for Dept 494 O METRO COUNCIL WASTEWAT JULY SAC /SEPTEMBER SEWER O MINNESOTA PIPE & EQUIP VALVE BOX TOP /LID /RISER O ONE CALL CONCEPTS, INC MONTHLY SERVICE /JULY 68881 PRESS PUBLICATIONS, IN ADVERTISING FORESTRY WATER WATER WATER WATER WATER WATER WATER WATER WATER SEWER SEWER SEWER SEWER 48.23 27.95 30.00 125.89 31.95 4,613.85 8,690.56* 141.57 454.61 31.47 34.13 30.00 9.98 195.00 567.45 159.75 974.05 98.54 2,696.55* 28.41 34.09 468.56 531.06* 106.00 106.00* 316.00 316.00* 3.18 3.18* 125.23 92.96 7,879.44 556.41 220.88 39.25 117.72 18.36 1,955.40 11,005.65* 41,244.67 556.41 220.87 117.73 Date: 08/18/2003 Time: 13:32:21 Operator: JAL Page: 5 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description Dept Amount 0 XCEL ENERGY 0 0 0 0 0 0 0 0 0 0 0 0 AMERICAN SURFACES CORP ENCOMM MIDWEST, LLC F.M. FRATTALONE EXC /GR INFRATECH TECHNOLOGIES LARSON, KEITH MENARDS, INC. PHILIP'S TREE CARE QWEST REGISTERED ABSTRACTERS T.K.D.A. WILLIAM G. HAWKINS & A MONTHLY SERVICE /JULY SEWER Total for Dept 495 BASKETBALL COURT PREP /IN CONTRACTOR /FINAL - CLEARWA CONTRACTOR /ELM STREET RE CULVERT JOINTS /FOAM REIMBURSE SAC /INTEREST STONE /GLOVES ROUND UP /2 PARKS ELM STREET /RELOCATION OF TITLE INSURANCE /HOLTE PO '03 SURFACE WATER /JUNE CRIMINAL /MUNICIPAL ATTOR WILSON DEVELOPMENT SER PROFESSIONAL SERVICES Total for Dept 499 OTHER OTHER OTHER OTHER OTHER OTHER OTHER OTHER OTHER OTHER OTHER OTHER 864.17 43,003.85* 2,050.00 12,420.93 125,289.71 958.13 680.44 311.83 798.75 30,850.00 950.75 31,057.03 632.50 294.45 206,294.52* Grand Total 417,698.23* • • • Centennial Fire District Check Register 8/20/2003 The disbursements listed below are submitted by the Centennial Fire District for your approval: DATE CHECK# NAME 8/19/2003 13906 8/19/2003 13907 8/19/2003 13908 8/19/2003 13909 8/19/2003 13910 8/19/2003 13911 8/19/2003 13912 8/19/2003 13913 8/19/2003 13914 8/19/2003 13915 8/19/2003 13916 8/19/2003 13917 8/19/2003 13918 8/19/2003 13919 8/19/2003 13920 8/19/2003 13921 8/19/2003 13922 8/19/2003 13923 8/19/2003 13924 8/19/2003 13925 8/19/2003 13926 8/19/2003 13927 8/19/2003 13928 8/19/2003 13929 8/19/2003 13930 Amoco Oil Company Arthur Mohler Bauer Built, Inc. Citgo Petroleum Corporation Connexus Energy Emergency Apparatus Maintenance Fire Instruction & Rescue Education, Inc. Frattallone's Hardware Loffler Business Systems Lynn Card Company Metro Fire Mid America Specialties Minnesota State Fire Chief's Assn. National Assoc. for Search and Rescue Orkin Exterminating Qwest Ross Industries, Inc. Smith Micro Technologies, Inc. Cameron Haapoja David Bruder Mark's Meat Products Mid America Specialties Sam Hyden Zachary Lansing Janet Haapoja 1 of 1 ACCOUNT 42100 - Fuel and Lube 42190 - Fire Prevention Supplies 42000 - Vehicle Maintenance 42100 - Fuel and Lube 42252 - Station 1 - Electric 42000 - Vehicle Maintenance 42220 - Travel, Conference, School 42110 - Other Maintenance 42180 - Office Supplies 42180 - Office Supplies 42130 - Equipment Expense 42190 - Fire Prevention Supplies 42220 - Travel, Conference, School 42200 - Dues and memberships 42110 - Other Maintenance 42240 - Telephone 42190 - Fire Prevention Supplies 42130 - Equipment Expense 45010 - Safety Camp Expense 45010 - Safety Camp Expense 45010 - Safety Camp Expense 45010 - Safety Camp Expense 45010 - Safety Camp Expense 45010 - Safety Camp Expense 45010 - Safety Camp Expense Total AMOUNT 505.11 35.09 60.52 176.26 356.04 2,186.50 500.00 137.81 22.63 5.00 915.57 585.75 822.00 49.00 56.23 187.90 187.44 106.02 84.00 98.58 70.00 24.00 10.00 10.00 16.99 $7,208.44 AGENDA ITEM 1B STAFF ORIGINATOR: Jean Viger, Deputy Clerk DATE: August 25, 2003 TOPIC: Consider Application for a Block Party on Red Hawk Trail, PineRidge VOTE REQUIRED: Simple Majority (3/5 Vote) BACKGROUND: The attached application was submitted to the City of Lino Lakes as a request to hold a block party on Red Hawk Trail. I've included a map showing the portion of Red Hawk Trail that will be barricaded for the party as well as a signed petition from property owners living on that portion of the cul -de -sac. The petition acknowledges they have been notified and consent or do not object to the party. These property owners are indicated by the slant marks on the map. The party is planned for September 12, 2003 starting at 6:30 p.m. and ending at 10:00 p.m. The police department and the streets division of the public services department have been notified of the party. If approved, public works will provide the barricades. The Parks and Recreation Department will deliver the Party Wagon Friday prior to the block party. In the past, the city has encouraged block parties as they are generally a family event and present an opportunity for neighbors to get acquainted. OPTIONS: 1. Approve application for the block party. 2. Deny Application RECOMMENDATION: Option No.1 • PUG -13 -2003 12:06 Date BLOCK PARTY APPLICATION r. uerel4 The following application is herewith submitted to the City of Lino Lakes, Minnesota as a request to hold a block party on the public right-of-way. NAME OF APPLICANT : (1 r_ P �L L 0 c V 1 ADDRESS - `1- I 14a r Cod ( 3 051.4- TF1EPHONE NO. : &I-J)-67b2(NO)v) {x,51 - 410- 491 (W'ome' LOCATION OF BLOCK PARTY (Street name & location, intersection to intersection) PURPOSE OF PARTY: 11 o n k, t' ir4 �, 'PO r Pine DATE OF PARTY: q - L2 - 03 TIME OF PARTY: From L :61) To /9: 0 (not to exceed 10:00 p.m.) IT IS HEREBY AGREED: Tile applicants agree to abide by all rules set forth below, together with all ordinances and regulations which may be imposed governing such activities. 1. Petition All residents living on the street or block in which the activity is planned, must sign the petition indicating they consent or do not object to the block party. 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A 2 .4 6 - 33 8 IO NO. 107 12 1 z • • • STAFF ORIGINATOR: MEETING DATE: TOPIC: VOTE REQUIRED: AGENDA ITEM 4A Linda Waite Smith, City Administrator August 25, 2003 Consider Resolution 03 -130 Appointing Acting City Administrator 3/5 BACKGROUND: I have resigned as city administrator, effective September 5, 2003, to become the city administrator of Jordan, MN. I have agreed to assist with the recruitment and selection process for a new city administrator but there will be a gap of several months between my departure and a new administrator's arrival. It is my recommendation that Dan Tesch, Director of Administration, be appointed Acting City Administrator from September 6 until a replacement administrator begins. Mr. Tesch's job description calls for him to fill in for the city administrator during absences. He has done so effectively for the past five years during my vacations and an extended medical leave. He has a long tenure with the city and has worked closely with me on most issues. Because assuming city administrator duties for an extended period of time imposes an additional work load on the acting administrator, I also recommend that while he serves in that capacity Mr. Tesch be compensated with a ten percent increase in salary. This is the same process we use with union employees who are required to assume additional duties for more than two weeks. OPTIONS: 1. Adopt Resolution 03 -130 appointing Dan Tesch Acting City Administrator and increasing his salary by ten percent during the period he serves as Acting City Administrator. 2. Decline to appoint Dan Tesch Acting City Administrator. 3. Return to staff for further review and/or action. RECOMMENDATION: 1. Option #1 • • • CITY OF LINO LAKES RESOLUTION NO. 03 - 130 RESOLUTION APPOINTING ACTING CITY ADMINISTRATOR WHEREAS, WHEREAS, WHEREAS, WHEREAS, the Lino Lakes City Administrator has resigned her position, effective September 5, 2003; and the position of City Administrator will be vacant for a number of months until a replacement is hired; and as the Director of Administration Dan Tesch serves as Acting City Administrator in the absence of the City Administrator, and serving as Acting City Administrator for an extended period of time represents a considerable amount of additional responsibility NOW, THEREFORE, BE IT RESOLVED, the Lino Lakes City Council does hereby appoint Dan Tesch Acting City Administrator, effective September 8, 2003, until a replacement City Administrator assumes the position and grants him a ten percent salary increase for the period during which he serves as Acting City Administrator. Ann Blair, City Clerk John Bergeson, Mayor • • AGENDA ITEM 4B STAFF ORIGINATOR: Linda Waite Smith, City Administrator MEETING DATE: August 25, 2003 TOPIC: Consider Resolution 03 -131 Establishing Process to Replace City Administrator VOTE REQUIRED: 3/5 BACKGROUND: Effective September 5, 2003, I will leave city employment to become the city administrator of Jordan, MN. However, I have agreed to assist Lino Lakes with recruitment of a new city administrator. We have been successful in recruiting highly qualified department heads using an objective, professional process that complies with all federal and state legal requirements. In order to attract qualified applicants, we must ensure that private information is not made public until required by law. In order to avoid a situation where individual council members disagree on what information is and is not available to them, we are requesting the City Council adopt Resolution 03 -131 which outlines the process to be used. OPTIONS: 1. Adopt Resolution 03 -131, Establish the Process for Replacing the City Administrator. 2. Decline to adopt Resolution 03 -131. 3. Return to staff for further review and/or action. RECOMMENDATION: 1. Option #1 • CITY OF LINO LAKES RESOLUTION NO. 03 -131 RESOLUTION ESTABLISHING PROCESS TO REPLACE CITY ADMINISTRATOR WHEREAS, WHEREAS, WHEREAS, WHEREAS, 40 WHEREAS, the Lino Lakes City Administrator has resigned her position, effective September 5, 2003; and it is necessary to hire a replacement City Administrator; and an objective, professional process is required to attract qualified candidates; and the outgoing City Administrator and the Director of Administration have professional experience in recruitment and selection of qualified public employees; and the outgoing City Administrator and the Director of Administration recommend that the recruitment process be as follows: 1. Staff determines, with city council, qualifications and skills desired in next administrator 2. Staff prepares application form that requests information related to desired qualifications 3. Staff prepares rating sheet by which applications will be rated, based on qualifications 4. Staff, with assistance of consultants, elected officials and others, identifies pool of qualified potential applicants 5. Staff advertises the opening and sends recruitment letters and brochures to potential applicants 6. Staff prepares, with council input, questions for first interview 7. Staff receives and rates applications 8. Staff recommends, based on ratings, candidates for first interviews. Applications for these candidates only are available for City Council review 9. City Council determines finalists, based on results of first interviews 10. Finalists go through an assessment process with a professional search firm at City expense 11. Staff prepares, with council input, questions for second interviews, based on assessment results 12. Second interviews are conducted 13. The City Council, with input from staff, selects a candidate • • • 14. Staff negotiates an terms and conditions of employment with the City Council's choice NOW, THEREFORE, BE IT RESOLVED, the Lino Lakes City Council does hereby appoint adopt the foregoing process for recruiting and selecting a new City Administrator. Ann Blair, City Clerk John Bergeson, Mayor • • • AGENDA ITEM STAFF ORIGINATOR David J. Pecchia, Public Safety Director DATE August 25, 2003 TOPIC Consideration of Resolution No. 03 -132 enter into agreement with the Minnesota Department of Public Safety, Office of Traffic Safety for the Safe & Sober project VOTES REQUIRED: 3/5 I I (BACKGROUND I I The Lino Lakes Police Department has participated in the Safe and Sober project in years 2001 and 2002. We were not eligible to participate in 2003. We are requesting that the Lino Lakes City Council allow us to enter into a grant agreement for the period of October 1, 2003 through September 30, 2004, and adopt Resolution 03 -132. See attached agreement for further details. I I (OPTIONS I I 1. Approve request to participate in the Safe & Sober grant agreement. 2. Return to staff for further review and consideration. I I (RECOMMENDATION I I Approve request. • • • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 03 - 132 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT Be it resolved that the City of Lino Lakes enter into a grant agreement with the Minnesota Department of Public Safety, Office of Traffic Safety for the project entitled Safe and Sober Communities during the period from October 1, 2003 through September 30, 2004. The Coon Rapids Police Department is hereby authorized to execute such agreements and amendments, as are necessary to implement the project on behalf of the City of Lino Lakes and to be the fiscal agent and administer the grant. I certify that the above resolution was adopted by the City Council of the City of Lino Lakes on August 25, 2003. John Bergeson, Mayor Ann Blair, City Clerk 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. Attachment 4 Example 2 for Partner Agencies in Multiple Agency Grants • RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT Be it resolved that the Lino Lakes Police Department enter into a grant (Name of Partner Agency) agreement with the Minnesota Department of Public Safety, Office of Traffic Safety for the project entitled SAFE & SOBER COMMUNITIES during the period from October 1, 2003 through September 30, 2004. The Coon Rapids Police Department is hereby authorized to execute such agreements and (Title of Partner Agency Authorized Official) amendments as are necessary to implement the project on behalf of the Lino Lakes Police Department. (Name of Partner Agency) • Be it further resolved that the Chief of the Coon Rapids Police Department is hereby (Title of Lead Agency Authorized Official) authorized to be the fiscal agent and administer this grant on behalf of the Lino Lakes (Name of Partner Police Department . Agency) (Use the following or provide a copy of official minutes of council meeting) I certify that the above resolution was adopted by the Lino Lakes City Council of Lino Lakes, Minnesota on (Executive Body) (Name ofJurisdiction) (Date Passed) SIGNED: WITNESSETH: (Signature) (Signature) Mayor /Other Authorized Person City Clerk/Other Authorized Person (Title) (Title) (Date) (Date) 2004 Minnesota Safe & Sober • • • Safe & Sober Grant — 2004 • Grant period will run from October 1, 2003 through September 30, 2004. • Total amount of grant is $60,000. • Safe & Sober is a traffic safety program aimed at reducing traffic fatalities and personal injury accidents. o This is accomplished through enforcement of the following laws: ■ Impaired Driving • Seat Belts ✓ Aggressive Driving • Speed • Under Age Drinking and Driving • Monies will be used to pay officers to enforce traffic laws. • The Safe & Sober Program is a federally funded program. o Agencies throughout the state .apply for dollars through a competitive grant process. • Typically, the state receives requests for more than twice the dollar amounts available. • Coon Rapids Police will be the lead agency in this grant. o Coon Rapids will apply for re- imbursement of money spent by each participating city. • Coon Rapids will then re- imburse each city. o Lino Lakes, Coon Rapids, Anoka, Ramsey, Fridley, Columbia Heights, Spring Lake Park, Centennial Lakes, St. Francis Police Departments and the Anoka County Sheriff's Office will be participating in this grant. • What does Lino Lakes gain from this program? o Increased patrols on the streets when violations are most likely to occur. o Assistance from other participating agencies enforcing traffic safety within our community o Hopefully a reduction in fatal and personal injury accidents. • • • AGENDA ITEM 7 A STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: August 25, 2003 TOPIC: Haley Manor i) Resolution 03 -119: Comprehensive Plan Amendment: -Change Land Use From Low Density Unsewered to Low Density Sewered Residential, and - Obtain Additional MUSA Reserve - Include site in Stage 1 growth area ii) First Reading, Ordinance 16 -03: Rezone From Rural to R -1 iii) Resolution 03 -120: Preliminary Plat, Variances for Lot Depth, and Allocation of 6.22 Acres of MUSA Reserve VOTE NEEDED: BACKGROUND 4/5 Resolution 03 -119, Comprehensive Plan Amendment 3/5 Ordinance 16 -03, Rezone From Rural to R -1 3/5 Resolution 03 -120, Preliminary Plat and Variances Frank Feela, Inc. has requested approval of the Haley Manor plat. This project is unusual in that it involves redevelopment of four existing residential lots in the Mar Don Acres neighborhood. The project is driven by the desire of the existing homeowners to divide their lots to create additional lots. The proposed plat would subdivide four existing lots and result in 14 lots. Three lots on the north side of Lois Lane each would be divided into four lots. One lot on the south side of Lois Lane would be split into two lots. Existing homes would remain. To accommodate the development proposal, the following approvals are necessary: 1. Comprehensive plan amendment: change land use from Low Density Unsewered Residential to Low Density Sewered Residential, acquire 6.22 acres of MUSA reserve from the Metropolitan Council for the site, and include the site in the Stage 1 growth area. 2. Rezoning from existing Rural to R -1 Single Family Residential 3. Preliminary plat 4. Variance for lot depth: 132' instead of 135' 5. Allocation of 6.22 acres of MUSA reserve This project was discussed at the City Council's August 11th meeting and tabled to the August 25th meeting. The main question was the possibility of providing sanitary sewer and water service to additional properties in the neighborhood. • Haley Manor page 2 ANALYSIS The following is a summary of the of the proposal: Gross Site Area 6.22 acres (including existing right of way) Upland Area 6.22 acres (MUSA need) Total Lots 14 Gross Density 2.25 units /acre Net Density 2.25 units /acre When Mar Don Acres was platted in 1978, the northern 30 feet was included in an easement. This 30 feet was intended to be the southern half of a right of way for a road. The other half would be supplied when the land to the north was developed. (This became the Bluebill Ponds site.) The goal was to allow a continuation of the existing 79th St. The minutes from the P & Z meeting of March 8, 1978, state that the P & Z recommended: ...that the Mar Don Plat be approved subject to the requirement that the fee owner shall, after the filing of the plat execute a deed dedication to the City of Lino Lakes, of an easement for street and public utility purposes, on the north 30 feet of lots one through eight, both inclusive, Block one of said plat and that no building permits shall be issued until such deed is delivered to the City and accepted by the Council. The intent shall be that such street shall not be opened or /and unless and until further development demands the opening and use thereof and until the property owner to the north dedicates a 30 foot similar easement immediately north of and contiguous to said easement. Following the first review of Bluebill Ponds by P & Z in October 1999, several residents of Mar Don Acres informed us that they wanted the road built along the south border of Bluebill Ponds. They wanted the option of subdividing their lots, which requires the road to provide access. Staff held a neighborhood meeting on November 9, 1999 to discuss this issue. Residents along the alignment of the desired road were invited, including those in Mar Don Acres, Sherwood Green, and unplatted properties to the north (west of Bluebill Ponds). The meeting focused on the road itself, but other issues such as utility provision were discussed. No information was available regarding the feasibility of utilities. Based on this meeting and follow -up calls to residents who were not at the meeting, staff found that six of eight property owners in Mar Don Acres wanted the road. Residents in Sherwood Green and lots to the west of BlueBill Ponds did not want the road. Staff directed the developer to include a road on the plat. This is now Arlo Lane. Two years later, in November 2001, another neighborhood meeting was held. The discussion included utilities and potential assessments, the comprehensive plan, MUSA, zoning, subdivision requirements, and that platting requirements are designed to address stormwater management • Haley Manor page 3 and the feasibility of sanitary sewer and water provision. Staff recommended that the property owners get together to determine how best to plat their properties as one action. The new subdivision and zoning ordinances were adopted in 2003. Meanwhile, Lois Lane residents had contacted potential developers. Several property owners entered came to agreement with Mr. Feela to plat their properties. Other property owners did not enter the agreement. The proposed Haley Manor plat addresses all requirements to plat property. The feasibility of developing the other properties is unknown: sanitary sewer provision and stormwater management are major unresolved issues for those properties. 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 Unsewered Resid. Rural North residential Low Density Sewered Residential R -1 South residential Low Density Unsewered Resid. Rural East park and residential Low Density Unsewered and Sewered Residential R -1 and Rural West residential Low Density Unsewered Resid. Rural The City's comprehensive plan guides the Mar Don Acres neighborhood for Low Density Unsewered Residential. The plan addresses such neighborhoods directly: The rural areas also include unsewered low density residential land use areas on lot sizes of less than five acres in size. As illustrated on the Proposed Land Use Plan, the unsewered residential developments are scattered throughout the City. These unsewered residential subdivisions were created prior to 1990 when the City increased its rural lot size to 10 acres. Property owners within the unsewered residential subdivisions have expressed concerns related to nearby urban growth and the extension of utilities to their subdivision. The encroachment of urban growth has presented concerns for land use compatibility and traffic. Property owners are also concerned with cost of special assessments related to larger lots if utilities are extended within the subdivision. In response to these existing land use issues, the Proposed Land Use Plan recognizes the existing unsewered residential subdivisions as long term land use within the City. These properties will continue to exist in this present condition unless the property owners wish to pursue municipal utilities and resubdivision of the larger lots. To preserve the character of these unsewered residential subdivisions, the following strategies will be pursued: • • • Haley Manor page 4 1. The existing unsewered residential subdivisions will remain outside the City's MUSA and not be eligible for municipal utilities. 2. MUSA would be available to an unsewered residential subdivision only if the Comprehensive Plan amendment and a utility improvement is petitioned for by the majority of the property owners that may benefit from the utility improvement and approved by the City. City of Lino Lakes Comprehensive Plan, pages 82 -83 Growth Management, MUSA Reserve: The comprehensive plan and the growth management policy establish a specific number of MUSA acres for residential growth for stage one (prior to year 2010). The MUSA reserve was calculated based on a specified amount of growth in specified areas. The total did not include growth resulting from converting existing low density unsewered residential areas to sewered areas. And, as noted above, the comprehensive plan clearly states that MUSA would be available to an unsewered residential subdivision only if the comprehensive plan is amended. The City is not using existing MUSA reserve to accommodate the Elm Street project. We are processing a comp plan amendment that includes a new MUSA request for that neighborhood. Therefore, staff is recommending that the comp plan amendment for Haley Manor include a request for a land use category change (unsewered to sewered), an additional 6.2 acres of MUSA, and to include the site in the Stage 1 growth area. The MUSA allocation would be approved with the preliminary plat and granted with the final plat. Growth Management, Units/Year: The table below show the status of the staging plans for final platting new residential units. The ten new units would fit within the policy of 147 per year and so could be final platted in 2003 — provided MUSA is made available for the project. The project also would fit in the 2004 lot allowance. LOTS/UNITS Development Name and Phases Prelim Plat Phasing plans by year (lots /units to be final platted) year end 2002 2003 2004 2005 2006 2007 2008 Stoneybrook 2nd Addn 103 51 52 Century Farm North 249 56 65 52 43 33 Ravens Hollow 56 56 Haley Manor 10 new 10 total 51 118 121 52 43 33 0I remainder of 147 29 26 95 104 114 147 • Haley Manor page 5 Once the City approves the application, it must submit the comprehensive plan amendment to the Metropolitan Council for review. Any City approval of the application will be contingent upon Met Council approval of the plan amendment. This will add time to the process. Rezoning The site currently is zone Rural. In order for the urban -sized lots to be created, the site must be rezoned to an urban residential zone. As stated in the zoning ordinance: The Planning and Zoning Board shall consider possible adverse effects of the proposed amendment. Its judgement shall be based upon, but not limited to, the following factors: 1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. The application includes an amendment of the comprehensive plan to change the land use and the MUSA line to accommodate the project. If this amendment is approved, the project would comply with the comprehensive plan. 2. The proposed use is or will be compatible with present and future land uses of the area. Bluebill Ponds to the north and Highland Meadows West to the east both are zoned R -1. The R -1 zone allows lots of 10,800 sf, which would accommodate the Haley Manor lots, and would be consistent with adjacent urbanized development. The rest of the Mar Don Acres neighborhood will remain as larger lots. Lot size alone does not create an automatically incompatible situation. 3. The proposed use conforms with all performance standards contained herein (in the ordinance). The new lots will conform to the R -1 standards in the zoning ordinance except for the lot depth. This will be resolved with approval of the variances (see below under "Lots "). 4. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. Sanitary sewer and water are available in Lois Lane at the west edge of the Highland Meadows West development, adjacent to the Haley Manor site. Connecting 14 single family homes will not overburden these systems. 5. Traffic generation by the proposed use is within capabilities of streets serving the property. • Haley Manor page 6 The addition of 10 single family homes will not overburden the roadway system. Lois Lane has outlets to the east and west and Country Lane connects to 77th St. to the south. Preliminary Plat/Development Stage Plan Lots: The lots on the north side of Lois Lane will be 132 feet in depth. The minimum lot depth in an R -1 zone is 135 feet. When the Mar Don Acres lots were platted, they were 294' deep. The 30' easement on the north edge, which now includes Arlo Lane, reduces the depth to 264'. Half of that is 132'. It is impossible to know why the extra six feet was not planned for when Mar Don Acres was platted. However, it is clear that the intent was to plan for a road on the north side, and a 30' easement was platted. The construction of Arlo Lane fulfilled that plan for a street. The City approval of the creation of Arlo Lane was an acknowledgement of the intent to provide the opportunity for the Mar Don Acres lot to subdivide. In order to fulfill this, the lots must be smaller than 135' in depth. The locations of Arlo and Lois Lanes prevent larger lots. It may be possible to add three feet onto one row of lots and make the other row 129', though the value of such a change is questionable. The reduced lot depths are acceptable. A second issue arises due to the locations of existing streets. Joseph Court forms a "T" intersection on the north, and Country Lane does so on the south. The driveways on Lots 2, 3, and 9 should be located as far as possible from these intersecting streets. This is included as a condition of approval. Streets: Arlo Lane, Lois Lane and Country Lane all are existing roads. No additional roads are being proposed. The existing road system can accommodate the traffic generated by the 10 new homes. As part of the final plat, the developer must dedicate the Arlo Lane right of way. This will fulfill the intent of the City when Mar Don Acres was platted. Arlo Lane exists now, and the dedication will be a formality. Utility work in Lois Lane will disturb the existing pavement. This road must be reconstructed, with curb and gutter, up to City standards. Park Dedication: The current subdivision ordinance includes park dedication requirements, as adopted in 2001. Park dedication is $1665 per residential unit, less any land dedication. There is no land dedication needed, as Highland Meadows Park abuts the site. The park dedication will be $1665 x 10 new home lots = $16,650. Utilities: Sanitary sewer and water are available in Lois Lane at the west edge of the Highland Meadows West development, adjacent to the Haley Manor site. All lots, including existing homes, must connect to utilities. Onsite septic systems must be abandoned according to law. In addition, existing wells likely will have to be capped because of proximity to new sanitary sewer lines. These and other issues discussed in the City Engineer review memo must be addressed to his satisfaction. • • Haley Manor page 7 Other property owners along Lois Lane petitioned for utilities, but there lots are not included in the plat application. Because of the shallow depth of the sanitary sewer pipe, it is not known how their properties would be served. This is addressed in the plat for those properties included in the plat. Grading and Stormwater Management: The grading plan proposes a pond to be created within the rear yards of the western eight lots north of Lois Lane. The outlet of this pond will be between Lots 5 and 6, Block 1, to the existing stormwater sewer facilities in Arlo Lane. The grading and drainage related modifications and comments, as recommended by the City Engineer in the attached memorandum must be addressed to the City Engineer's satisfaction. The plan is also subject to review and approval from the Rice Creek Watershed District. Stormwater management is a major issue. This has not bee addressed for properties not included in the plat. ENVIRONMENTAL BOARD The Environmental Board reviewed the project at its June 25 meeting. The following is an exerpt from the Environmental Specialist memo that covers several projects: Topic: Frank Feela Inc., Hailey Manor Recommendations: The Environmental Board made the following comments and recommendations concerning Hailey Manor: • Look at a more creative design, such as duplexes or other structures, to create more open space on the North side. • Identify an access area for the proposed infiltration pond. • Identify a control (signage and legal) for the preservation of native materials in the infiltration area. • Work with the City Natural Resource Specialist to try to save more hardwood trees. • Recommend not setting precedence on a rezone request where there is no defined MUSA allocation. (Strong concern about this issue.) • Follow Staff (Environmental Specialist) recommendations: Infiltration areas proposed on site should have the City native seed specification used. Native seed should be applied at the same time as erosion control vegetation seed is applied. There should be no importing or exporting of soil form the site with out City approval. All BMPS for erosion control and compaction control should be followed. Soils should be restored to pre - grading compaction densities. A boulevard tree should be provided for each lot frontage. The tree inventory should indicate genus and species with size. • Haley Manor page 8 Several recommendations have been included in the conditions of approval, below. Notes on the grading plan include tilling the infiltration basin to 6" prior to seeding, which addresses the compaction issue. Access to the pond is identified on the grading plan. A drainage and utility easement will be required over the pond — signage can be discussed with the developer. The MUSA/rezoning issue is addressed by the comprehensive plan amendment request. The project requires additional MUSA along with the change to the land use. The application requires the approval of both the City and the Met Council. PLANNING & ZONING BOARD The P & Z conducted a public hearing on the project on July 9. The P & Z recommended approval with the conditions listed below. These conditions have been incorporated into the two resolutions and ordinance. CONDITIONS OF APPROVAL • Approval of the project should include the following conditions: 1. The City's approval of the comprehensive plan amendment, rezoning, preliminary plat and variance is contingent upon Metropolitan Council approval of the comprehensive plan amendment. The final plat shall not be reviewed by City Council prior to said Metropolitan Council approval. 2. All lots in the plat, including the existing homes, must agree to connect to City utilities. The City will not approve the final plat without legally enforceable assurance that all properties will connect and existing onsite septic systems will be abandoned. 3. Existing wells shall be capped when required by Minnesota Dept. of Health requirements. 4. As a result of the utility main construction, the developer shall restore Lois Lane by complete reconstruction with concrete curb and gutter and new bituminous surfacing. 5. Issues discussed in the City Engineer review memo of July 1, 2003 must be addressed to his satisfaction. 6. All landowners shall sign development agreement and final plat or an agreement to plat. The City Attorney must review relevant documentation. 7. The north 30 feet shall be dedicated to the City on the final plat for right of way for Arlo Lane. Ell Haley Manor page 9 8. To minimize conflicts with existing street intersections, the driveway on Lot 2, Block 1 shall be as far east as possible; the driveway on Lot 3, Block 1 shall be as fax west as possible; and the driveway on Lot 9, Block 1 shall be as far east as possible. 9. Park dedication of $16,650 shall be paid. 10. A permit from the Rice Creek Watershed District must be issued prior to final plat approval by the City. 11. Infiltration areas proposed on site should have the City native seed specification used (rather than MnDOT mix specified in grading notes). 12. A boulevard tree shall be provided for each lot frontage. OPTIONS. 1. Approve the applications, with separate votes, as follows: i) Resolution 03 -119, Comprehensive Plan Amendment ii) First Reading of Ordinance 16 -03, Rezone From Rural to R -1 iii) Resolution 03 -120, Preliminary Plat, Variances, and Allocation of MUSA Reserve 2. Return to staff with direction. RECOMMENDATION Option 1 This review is based on the following plans and information: City Engineer Comments dated July 21 2003 Environmental Board Comments, June 25, 2003 Boundary/Topographic Survey, June 9, 2003 Preliminary Plat, June 9, 2003 Preliminary Utility Plan, June 9, 2003 Preliminary Grading and Erosion Plan, June 24, 2003 (recd. June 25) CITY OF LINO LAKES RESOLUTION NO. 03-119 APPROVING AMENDMENT OF THE COMPREHENSIVE PLAN TO CHANGE LAND INLCUDED IN THE HALEY MANOR PLAT FROM LOW DENSITY UNSEWERED RESIDENTIAL TO LOW DENSITY SEWERED RESIDENTIAL, AND TO OBTAIN ADDITIONAL MUSA RESERVE FOR HALEY MANOR WHEREAS, the Lino Lakes City Council makes the following findings: 1. The City of Lino Lakes approved a new comprehensive plan in August 2002 after approval by the Metropolitan Council, according to MN Statutes 473.858 and 473.864. 2. The comprehensive plan includes a proposed land use map with distinct land use categories. The Low Density Sewered Residential land use category is intended for residential development that has public sanitary sewer service. The Low Density Unsewered Residential category is intended for residential development without such service. 3. The comprehensive plan describes a specified amount of Metropolitan Urban Service Area (MUSA) reserve acres. The MUSA reserve acres acquired from the Metropolitan Council were calculated based on a specified amount of growth in specified areas. The total did not include growth resulting from converting existing low density unsewered residential areas to sewered areas 4. The Mar Don Acres development is guided for Low Density Unsewered Residential land use on the proposed land use map, and is not in a Stage 1 (pre -2010) growth area. 5. Several property owners in Mar Don Acres desire to subdivide their one -acre lots and provide public sanitary sewer and water service to the properties included in a plat called Haley Manor. 6. It is in the public interest to provide public sanitary sewer and water service to existing lots with homes that do not have such service, particularly on lots with limited space for replacement onsite individual sewage treatment systems. 7. The City requires that any new lots under ten acres in size must have public sanitary sewer and water service. 8. Public sanitary sewer service cannot be extended into areas outside the MUSA. 9. The comprehensive plan requires that MUSA would be available to an unsewered residential subdivision only with a the Comprehensive Plan amendment. 10. A public hearing was held before the Planning & Zoning Board on July 9, 2003. • 11. An amendment of the comprehensive plan must be submitted to the Metropolitan Council for review. NOW, THEREFORE, BE IT RESOLVED that the Lino Lakes City Council hereby approves an amendment of the comprehensive plan for the area included in the Haley Manor plat that will: • change the land use designation from Low Density Unsewered Residential to Low Density Sewered Residential, and • include Haley Manor in the Stage 1 (pre -2010) growth area • obtain 6.2 acres of additional MUSA reserve BE IT FURTHER RESOLVED that the amendment of the comprehensive plan shall be submitted to the Metropolitan Council for review and that the City's approval of the plan amendment is contingent upon approval by the Metropolitan Council. Adopted by the Lino Lakes City Council this day of , 2003 • ATTEST: Ann Blair, City Clerk • John J. Bergeson, Mayor Resolution 03 -119, page 2 • • • CITY OF LINO LAKES ORDINANCE NO. 16 -03 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF LINO LAKES BY REZONING THE LAND WITHIN THE HALEY MANOR PLAT FROM R RURAL TO R -1 SINGLE FAMILY RESIDENTIAL The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: Section 1: Findings The City Council makes the following findings regarding the application for rezoning the property described below, based on the factors listed in Section 2, Subd. 1.E and 1.F. of the Lino Lakes zoning ordinance: 1. The proposed action has been considered in relation to the specific policies and provisions of and the official City Comprehensive Plan. Resolution 03 -119 approves amending the comprehensive plan to change the land use category of the Haley Manor land to Low Density Sewered Residential and acquire more MUSA reserve for the project. The ten new residential lots being created by Haley Manor falls within the annual number of new housing units (147) for 2003, in compliance with the Growth Management Policy, Ordinance 01 -03. 2. The proposed use is or will be compatible with present and future land uses of the area. Bluebill Ponds to the north and Highland Meadows West to the east both are zoned R -1. The R -1 zone allows lots of 10,800 sf, which would accommodate the Haley Manor lots, and would be consistent with adjacent urbanized development. 3. Upon compliance with the conditions of approval set forth in Resolution 03 -119 and Resolution 03 -120, the proposed use will conform with performance standards contained in the zoning ordinance and other requirements. 4. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. Utilities are currently available to the site, and compliance with Resolution 03 -119 and Resolution 03 -120 will ensure proper utility service. 5. Traffic generation by the proposed use is within capabilities of streets serving the property in conjunction with the public improvements proposed. The addition of 10 single family homes will not overburden the roadway system. Lois Lane has outlets to the east and west and Country Lane connects to 77th St. to the south. 6. A public hearing was held before the Planning & Zoning Board on July 9, 2003. • Section 2 The Zoning Ordinance of the City of Lino Lakes, Anoka County, Minnesota, passed by the City Council on March 10, 2003 is hereby amended by rezoning from R, Rural to R -1, Single Family Residential pursuant to the provisions of the Zoning Ordinance of the City of Lino Lakes, the following described real estate: Lots 6, 7, and 8, Block 1, Mar Don Acres, and Lot 1, Block 3, Mar Don Acres It is anticipated that the description shall become Lots 1 -12, Block 1, and Lots 1 and 2, Block 2, Haley Manor, upon recording of an approved final plat. Section 3 As above amended, said Zoning Ordinance shall stand as initially passed and previously amended. Section 4 This ordinance shall be in force and effect from and after A) approval of the comprehensive plan amendment described in Resolution 03 -119, and B) the ordinance's passage and publication according to the Lino Lakes City Charter. Passed by the Lino Lakes City Council this day of , 2003 ATTEST: Ann Blair, City Clerk • John J. Bergeson, Mayor Ordinance 16 -03, page 2 • CITY OF LINO LAKES RESOLUTION NO. 03-120 APPROVING ALLOCATION OF 6.22 ACRES OF MUSA RESERVE AND A PRELIMINARY PLAT FOR HALEY MANOR, INCLUDING LOT DEPTH VARIANCES WHEREAS, the City has received applications for platting an area as Haley Manor; and WHEREAS, the development requires approval of the allocation of Metropolitan Urban Service Area (MUSA) reserve and approval of a preliminary plat; and WHEREAS, a public hearing was held before the Planning & Zoning Board on July 9, 2003; and WHEREAS, the City Council approved Resolution 03 -119 to change the comprehensive plan land use designation to Low Density Sewered Residential; and WHEREAS, the City Council approved Ordinance 16 -03 rezoning the site from Rural to R -1 Single Family Residential; and WHEREAS, the plat meets the criteria for a variance listed in Section 2, Subd. 4 of the zoning ordinance, and WHEREAS, the proposed MUSA allocation and preliminary plat meet the requirements of the City's Growth Management, Zoning and Subdivision Ordinances. NOW, THEREFORE, BE IT RESOLVED that the Lino Lakes City Council hereby approves the allocation of 6.22 acres of MUSA reserve. The MUSA will be granted with the final plat approval. BE IT FURTHER RESOLVED that the Lino Lakes City Council hereby approves variances for Lots 1 through 12, Block 1, Haley Manor, to allow the lot depths to be 132 feet. BE IT FURTHER RESOLVED that the Lino Lakes City Council hereby approves the preliminary plat for Haley Manor. BE IT FURTHER RESOLVED that the following conditions of approval apply: 1. The City's approval of the MUSA allocation, preliminary plat and variances is contingent upon Metropolitan Council approval of the comprehensive plan amendment, including the additional 6.22 acres of MUSA for Haley Manor. The final plat shall not be reviewed by the City Council prior to said Metropolitan Council approval. • • • 2. All lots in the plat, including the existing homes, must agree to connect to City utilities. The City will not approve the final plat without legally enforceable assurance that all properties will connect and existing onsite septic systems will be abandoned. 3. Existing wells shall be capped when required by Minnesota Dept. of Health requirements. 4. As a result of the utility main construction, the developer shall restore Lois Lane by complete reconstruction with concrete curb and gutter and new bituminous surfacing. 5. Issues discussed in the City Engineer review memo of July 1, 2003 must be addressed to his satisfaction. 6. All landowners shall sign development agreement and final plat or an agreement to plat. The City Attorney must review relevant documentation. 7. The north 30 feet shall be dedicated to the City on the final plat for right of way for Arlo Lane. 8. To minimize conflicts with existing street intersections, the driveway on Lot 2, Block 1 shall be as far east as possible; the driveway on Lot 3, Block 1 shall be as far west as possible; and the driveway on Lot 9, Block 1 shall be as far east as possible. 9. Park dedication of $16,650 shall be paid. 10. A permit from the Rice Creek Watershed District must be issued prior to final plat approval by the City. 11. Infiltration areas proposed on site should have the City native seed specification used (rather than MnDOT mix specified in grading notes). 12. A boulevard tree shall be provided for each lot frontage. 13. The final plat shall not be approved until the rezoning to R -1 (Ordinance 16 -03) is in effect. 14. This approval is based on the following plans and information, and supporting documentation: City Engineer Comments dated July 1 2003 Environmental Board Comments, June 25, 2003 Boundary/Topographic Survey, June 9, 2003 Preliminary Plat, June 9, 2003 Preliminary Utility Plan, June 9, 2003 Preliminary Grading and Erosion Plan, June 24, 2003 (recd. June 25) Resolution 03 -120, page 2 • Adopted by the Lino Lakes City Council this day of , 2003 ATTEST: Ann Blair, City Clerk • • John J. Bergeson, Mayor Resolution 03 -120, page 3 TKDA ENGINEERS • ARCHITECTS • PLANNERS MEMORANDUM To: James Studenski, City Engineer Copies To: From: Scott A. Brink Date: July 1, 2003 Reference: Hailey Manor 1500 Piper Jaffrey Plaza 444 Cedar Street Saint Paul, MN 55101 -2140 (651) 292-4400 (651) 292-00B3 Fax www.tkda.com City of Lino Lakes, Minnesota Comm. No. 12701 -002 Routing: The proposed plans provide for a preliminary plat and the construction of residential units on property located at the intersection of Lois Lane and Country Lane. Essentially, the proposed project consists of the following: 1. The dividing of a single 1.02 acre parcel into two lots at the southwest corner of the intersection of Lois Lane and Country Lane. One existing home is proposed to remain. 2. The dividing of three existing parcels into 12 lots on 3.35 acres of property located between Lois Lane and Arlo Lane. Three existing homes are proposed to remain. The following documents were reviewed: Plan sets dated June 9, 2003, by Metro Land Surveying and Engineering HydroCAD Model dated June 3, 2003 The following comments are provided at this time General Comments 1 Some of the Plan Sheets read "for Frank Fella" and others read "for Hailey Manor." The actual title or name for the proposed development should be clarified and labeled consistently on the plans. 2 Some Plan Sheets read "Hailey Manor" but the legal description says "Haley Manor." Again, the title should be verified and labeled consistently. Drainage and Stormwater Comments 1. If this is truly a landlocked design, then the 10 -day snowmelt computation (Curve Number is 100 and . runoff of 7.2 inches) needs to be used to determine the High Water Level of the pond. 2. The proposed 12" RC pipe emergency overflow outlet will need to be a 15" RC pipe (minimum size). An Employee Owned Company Promoting Affirmative Action and Equal Opportunity Halley Manor Page 2 July 1, 2003 City of Lino Lakes, Minnesota 3. Lots 3, 4, and 5, Block 1 of Mar Don Acres traditionally have drained to the landlocked low area in Lots 5, 6, and 7, Block 1. The proposed drainage computations do not appear to take into account Lots 3, 4, and 5, Block 1 developing. City rate control requirements are not being met on the 2, 10, and 100 -year storms. 5. Approval from the Rice Creek Watershed District will be required. 6. The proposed drainage and utility easement shown on the utility plan and preliminary plat shall be expanded to cover the entire detention area in the center of the property. Standard lot perimeter easements shall be provided as shown on the preliminary plat. 7. The overflow for the detention basin connects with a City storm sewer catch basin located in Arlo Lane. This system eventually discharges to a 15 -inch diameter pipe at a grade of 0.3 %. It is recommended that the capacity of this pipe to adequately accommodate the added pond overflow in addition to its existing flows be evaluated further. General Street and General Utility Comments 1. Arlo Lane was constructed recently with concrete curb and gutter, bituminous surfacing, and utilities (sanitary sewer, storm sewer, and watermain). The Preliminary Utility Plan shows sanitary sewer and water services extending to lots 1 -6, but does not identify the services as existing or proposed. The services must be labeled accordingly. The developer shall be responsible for any and all repairs to Arlo Lane that may be caused as a result of said development, including new concrete curb and gutter, aggregate and bituminous base, and bituminous surfacing as may be needed. 2 Lois Lane currently exists as an older bituminous street with no curb and gutter (bituminous curbing), and no existing utilities. The extension of sanitary sewer and water from their existing termination points on Lois Lane at the east limit of the site is proposed. Sanitary sewer and water services should therefore be extended to each lot (Lots 7 -12) from the newly constructed mains. Extension of sanitary sewer and water services to the two proposed lots (Lots 1 and 2, Block 2) at the southwest comer of Country Lane and Lois Lane should also be provided and shown. 3 The proposed watermain connection point on Lois Lane currently exists as a dead end main, and will be extended even further in length as a dead end. We are evaluating the system at this location to verify that existing pressures and flow rates at this location are adequate. 4 As a result of the utility main construction, the developer shall restore Lois Lane by complete reconstruction with concrete curb and gutter and new bituminous surfacing (i.e., the street shall be reconstructed to City of Lino Lakes standards). Said reconstruction shall be identified and provided on the plans. 5. Concrete curb and gutter shall be identified as D412. Halley Manor Page 3 July 1, 2003 City of Lino Lakes, Minnesota It is recommended that soil borings and a geotechnical report be provided. The subgrade must be accepted by the City Engineer prior to placement of Class 5 aggregate base. In the event the subgrade is determined to be unsuitable by the City Engineer, the subgrade shall be cut, removed, and replaced with select granular material. The depth of the subgrade cut shall be determined by a geotechnical engineer and approved by the City. Currently, storm sewer is provided on. Arlo Lane and none provided on Lois Lane. Storm sewer shall be furnished and installed on Lois Lane, as needed, as part of the reconstruction of Lois Lane. It is recommended that the existing drainage conditions at the Lois Lane /Country Lane intersection area be evaluated further to determine if at least some storm sewer or drainage improvements should be constructed as part of this project. Additional Utility Comments 1. Sanitary sewer service pipe shall be SDR 26 or SCH 40 and ductile iron water pipe shall be CL 52. Gate Valves shall be Mueller A- 2370 -20 with mechanical joints, meeting AWWA Specifications C500 -61. Valve Boxes shall be Mueller H- 10357 with H -10361 drop lid and extensions shall be Mueller H- 10363. All sanitary sewer and storm sewer manholes and appurtenances shall be furnished and provided as required by the City of Lino Lakes. A separate detail sheet showing all applicable standard plates of the City of Lino Lakes shall be provided. 2. Sanitary sewer and watermain system materials and installation methods shall follow the City of Lino Lakes engineering standards. A utility plan with notes referring to City of Lino Lakes and CEAM details and other pertinent construction notes must be provided. 3. The Developer shall provide to the City of Lino Lakes a copy of the completed MPCA Sanitary Sewer Permit, including correspondence and approval of Metropolitan Council Environmental Services (MCES). The Developer shall provide to the City of Lino Lakes a copy of the completed MDH permit for watermain installation. 4 Utility installations shall be installed in accordance with the recommendations of a geotechnical analysis and report. 5 It appears that this development proposes to construct new single family homes with City utilities . while retaining some existing homes that are currently served by well and septic systems. It is expected that any existing homes to remain as part of this project will be connected to City sewer and water, and shall have existing septic and wells removed and capped accordingly per MPCA and MDH standards. The developer shall be responsible for addressing these issues as may be required with the appropriate regulatory agency. The developer shall also be aware that the Minnesota Department of Health has very specific rules regarding the minimum distance that a sanitary sewer may be placed from and existing well (50 feet for sewer mains and 20 feet for services). The developer shall address these issues with the State accordingly prior to approval of the plans and commencement of any construction activity. 6. Profile sheets must be provided for sewer and watermain installation on Lois Lane. Hailey Manor Page 4 July 1, 2003 City of Lino Lakes, Minnesota Other Comments 1. The Contractor shall adhere to working hours for construction activities in accordance with the requirements of the City of Lino Lakes. 2 A note must be added to the grading plan stating that Contractor shall provide a sweeper to clean streets and paved areas outside of the project site on a daily basis as needed. 3. 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I �,,l 'll t I!!! r i° y ° iltitltlll��ll 1 aL�llil 1�tgl1:1111;1111; PI 1111 .1 °I hII11111111 Isik1�Iani�ri9li lll�81 .LNll03 HdSSO? • • I __��� X111 y b 1 i 1 a 0 1f E 1 �13 s I' 1.136 la asNnoo In, -I" j 2 � _ r11111111r + f . k` 1 € x I I / /max / _ _ , -- 2 3 ✓ b EB a r ot j- r, i1iii,! iii. iiiiitilIllu CC) 1 ""\., „, \ ugm 00'ZCL \ 8 8 Vi Q IN �ad4 arum ' a m 1. Itg Rg 8a C.) 314.005CRA z Hora�.ra mV7 ,i.LA7na O'ZCL a 3 35f10H ONLLSOL3 L_J Sa 3/1/5/0 ONLL5001 • • • AGENDA ITEM 7B STAFF ORIGINATOR: Mary Alice Divine DATE: 8/25/03 TOPIC: Real Estate Purchase Agreement with Legacy Holdings Lino Lakes, LLC Vote Required: 3/5 BACKGROUND: Hartford Group, Inc. (Legacy Holdings Lino Lakes, LLC) wishes to enter into a purchase agreement with the City of Lino Lakes for approximately 11 acres of city -owned property as part of the Woods Edge development (formerly called the Village). The developer is proposing a mixed -use development consisting of retail, office, for -sale townhomes, rental townhomes, senior apartments and condos. Staff has been working through a number of city and developer responsibilities and schedules for completion of the approvals and a construction start of Spring 2004. The major components of the purchase agreement include: 1. A purchase price of $4.50 per sq. ft. 2. $10,000 earnest money will be paid by the buyer for the first contingency period of 365 days; and, if necessary, an additional $10,000 for a second contingency period of 180 days; and an additional $10,000 for a third contingency period of 120 days. The earnest money is non - refundable should the buyer not meets its obligations under the agreement, but will be credited toward the purchase price. 3. Conditions of the agreement include obtaining all municipal approvals for a mixed -use redevelopment project on the combined city and adjacent Tagg property; approval of the development plan within 60 days -after submittal; and an acknowledgement that city financial assistance will be necessary to complete the project. Options: 1. Adopt Resolution No. 03 -135, approving a real estate purchase agreement between Legacy Holdings Lino Lakes, LLC and the City of Lino Lakes. 2. Return to staff with direction. Recommendation: Option 1 • CITY OF LINO LAKES RESOLUTION NO. 03-135 AUTHORIZING A REAL ESTATE PURCHASE AGREEMENT WITH LEGACY HOLDINGS LINO LAKES, LLC WHEREAS, approximately 11 acres of property in the southeast quadrant of the I- 35W/Lake Drive interchange (the "Property") identified in Attachment A is owned by the City of Lino Lakes (the "City "); and WHEREAS, the property is not needed by the City for any public purpose and it is the City's intent to sell the property for development; and WHEREAS, the Lino Lakes Comprehensive Plan guides the Property for mixed -use; and WHEREAS, Legacy Holdings Lino Lakes, LLC (the "Developer ") has proposed a mixed -use development on the property. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes as follows: 1. The Mayor and City Clerk are hereby authorized and directed to execute the Real Estate Purchase Agreement and other appropriate documents to facilitate sale of the Property to the Developer. 2. Staff and consultants are hereby authorized and directed to take any and all other steps necessary or convenient in order to accomplish the conditions of the Real Estate Purchase Agreement. Dated: August 25, 2003. ATTEST: Ann Blair, City Clerk • John Bergeson, Mayor • 17- 31 -22 -12 -0007 (part) 17- 31 -22 -13 -0003 • • Attachment A • • REAL ESTATE PURCHASE AGREEMENT THIS REAL ESTATE PURCHASE AGREEMENT ( "Agreement ") is made as of the day of , 2003, by and between LEGACY HOLDINGS LINO LAKES, LLC, ( "Buyer "), a Minnesota corporation or its assigns and the CITY OF LINO LAKES, a Minnesota municipal corporation ( "City "). 1. PURCHASE AND SALE. Subject to the terms and conditions of this Agreement, and for and in consideration of the mutual agreements, covenants and promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City agrees to sell to Buyer, and Buyer agrees to purchase from City approximately 11.72 acres (including all improvements located thereon), located in Lino Lakes, Minnesota, (the "Property "), and described on EXHIBIT A attached hereto and made a part hereof, including all interest, right and title of City in and to all adjacent rights -of -way and streets, including all access rights, easements, hereditaments, and tenements benefiting the Property. The exact dimensions and square footage of the Property shall be determined by the Survey described in Section 4 herein. 2. CONTINGENCY PERIOD AND CLOSING DATE. The "Contingency Period" shall be for three hundred sixty -five (365) days commencing on the day after the parties' mutual execution of the Agreement. Contingencies include obtaining all municipal approvals, Final Plat approvals, Development Agreements, zoning approvals, subdivision approvals, the approval of a mixed use redevelopment on the adjacent 29.53 acres known as the "Tagg Property ", Tax Increment Financing Agreements, Tax Abatement Financing Agreements and other City financing. It is acknowledged by City that the Buyer cannot close on the Property without assistance from the City in the form of Tax Increment Financing, Tax Abatement, land contribution or other financial incentives. In the event that Buyer has submitted, before the end of the Contingency Period, an application to the City requesting approval of Buyer's development and financing plan and the City has not approved or rejected the application, then the "Contingency Period" shall be extended for an additional one hundred eighty (180) days, upon the deposit of an additional Ten Thousand and No /100 Dollars ($10,000.00) in the trust account of First American Title Insurance Company (the "Title Company "), which amount shall be non - refundable and credited against the Purchase Price (the "First Additional Earnest Money Payment "). Upon Buyer's payment of the First Additional Earnest Money Payment, the Initial Earnest Money, as defined below, shall become nonrefundable to Buyer. In the event that Buyer has submitted an application to the City, before the end of the Contingency Period, requesting approval of its development and financing plan and the City has not approved or rejected the application during the extended 180 -day period, then the "Contingency Period" shall be extended for an additional one hundred twenty (120) days, upon the deposit of an additional Ten Thousand and No /100 Dollars ($10,000.00) in the trust account of the Title Company, which amount shall be credited against the Purchase Price (the "Second Additional • Earnest Money Payment "). Buyer's payment of the Second Additional Earnest Money Payment shall be nonrefundable to Buyer. (The Initial Earnest Money, the First Additional Earnest Money Payment and the Second Additional Earnest Money Payment shall hereinafter be referred to collectively as the "Earnest Money. ") Closing will occur within ninety (90) days after all contingencies have been completed or such earlier date as the parties may agree upon (the "Closing Date "). City agrees to cooperate with Buyer and to use all reasonable efforts to close on an earlier date if Buyer so requests. City will be provided with a written notice of the intent of the Buyer to close a minimum of sixty (60) days prior to the Closing. 3. PURCHASE PRICE. The purchase price (the "Purchase Price ") shall be calculated on a per square foot basis, inclusive of easements, but not public roads on the Property. The exact square footage of the Property shall be determined by the Survey described in Section 4 herein. The Purchase Price shall be based upon a price of Four Dollars and Fifty Cents ($4.50) per square foot of land area confirmed by survey. Buyer shall deposit within fourteen (14) days after execution of the Purchase Agreement by City and Buyer the sum of Ten Thousand and No /100 Dollars ($10,000.00) (the "Initial Earnest Money ") in the trust account of the Title Company, which amount shall be credited against the Purchase Price. 4. SURVEY. Within thirty (30) days after the date of this Agreement or as soon as • it is feasible depending on weather conditions, City, at its sole cost and expense, shall cause a survey to be completed (or updated) on the ground of the Property in accordance with ALTA Land Survey standards and the provisions hereinafter set forth (the "Survey "). The Survey shall be dated subsequent to the date hereof and shall be prepared by a surveyor mutually agreed upon by City, Buyer and the Title Company (described in Section 5 herein). A copy of the Survey shall be furnished promptly to Buyer and the Title Company. The Title Commitment (described in Section 5 herein) and other costs incurred in connection therewith by City shall be paid by City. 5. TITLE INSPECTIONS - TITLE POLICY. Within thirty (30) days after the date of this Agreement, City, at its sole cost and expense, shall cause the Title Company to deliver to Buyer the Title Company's commitment (the "Title Commitment ") to issue to Buyer an ALTA Owner's Policy (4/6/90) of title insurance (the "Title Policy "), in the full amount of the Purchase Price, effective as of the Closing Date, insuring that fee simple title to the Property is vested in City (or City's assignee). In addition to the Title Commitment, City shall cause the Title Company to simultaneously deliver to Buyer two (2) legible copies of all documents identified in Schedule B or the Requirements Section of the Title Commitment (the "Title Documents "). Buyer shall pay the premium cost of any Owner's and/or Mortgagee's Policy of Title Insurance. Buyer shall have until thirty (30) days following receipt of the Title Commitment, the Title Documents and the Survey to notify the Title Company and City in writing of any defect in the title of the Property or any other matter deemed unacceptable to Buyer, for • any reason, disclosed by the Title Commitment, the Title Documents or the Survey. City shall have twenty (20) days after notice of such a defect or matter is given by Buyer within which City shall make a diligent and reasonable effort to eliminate or cure the • • same. If City is unable to cause such to be eliminated within that period, Buyer, at its option, by written notice to City at any time on or before the Closing Date may elect (a) to cancel this Agreement or (b) to accept title with the defect or matter to which it earlier obj ected. In the event of cancellation under this Section 5, this Agreement thereupon shall become null and void and of no further force or effect. The Initial Earnest Money shall be promptly refunded by City. In such event neither Buyer nor City shall have any further obligation or liability hereunder. Any exceptions to title to which Buyer does not object, or for which Buyer waives its objection in writing shall be deemed to be "Permitted Exceptions ". The Title Policy shall show no exceptions, except as may be agreed upon by Buyer, and any Permitted Exceptions. 6. ADDITIONAL DOCUMENTS AND INFORMATION. Thirty (30) days following execution of this Agreement, City shall deliver copies of the following documents (the "Additional Documents ") to Buyer (which copies shall be true, correct, complete and legible): a) Copies of all soil tests, environmental reports, including a Phase I environmental report, and inspection reports prepared with respect to the Property prepared by or for City, or in possession of City. b) Copies of all real estate tax statements for taxes payable in 2001 and 2002, and when available, for 2003, with respect to the Property. 7. BUYER'S CONDITIONS PRECEDENT AND INSPECTIONS. Buyer's obligations under this Agreement are further contingent upon satisfaction in the sole discretion of Buyer of the following additional express conditions precedent: a) General municipal approval of the development plan prepared by Buyer within sixty (60) days after submittal to the City. Approval of a mixed use redevelopment project on the adjacent 29.53 acres known as the "Tagg Property ". c) Approval by Buyer and its consultant within sixty (60) days after execution of Purchase Agreement in their sole discretion of soils, engineering tests, physical inspections of the Property and all other matters pertaining to the physical condition of the Property (including inspection reports relating to soil compaction and such hazardous and toxic waste inspections as shall be required by Buyer in its sole discretion). d) On or before three hundred sixty -five (365) days after mutual execution of Purchases Agreement, Buyer shall have received any and all approvals as referenced in Section 2 herein. e) Approval, within five (5) days prior to the Closing Date, by Buyer and City of the forms of the Closing documents to be drafted by City as described in Section 9(b) herein, which approval shall not be unreasonably conditioned, delayed or withheld. f) As of the Closing Date, each of City's representations and warranties shall be true, and each covenant and obligation of City hereunder shall have been performed. In the event that any of the conditions specified in Sections 7(a) -(e) herein has not been satisfied by the applicable dates specified above, Buyer may elect to cancel this Agreement at any time by giving written notice of such cancellation to City within fourteen (14) days after the date of the occurrence. In such event this Agreement shall be thereby terminated. In the event of cancellation or termination under this Section 7, this Agreement thereupon shall become null and void and of no further force or effect. All Earnest Money, which has not become nonrefundable, shall be forthwith refunded by City (except as provided in the next sentence). If any failure to close the purchase and sale contemplated by this Agreement is due solely to the default hereunder of Buyer, then City shall retain all Earnest Money deposited by Buyer hereunder as liquidated damages. In such event neither Buyer nor City shall have any further obligation or liability hereunder. During the term of this Agreement, after notification to City of the purpose, Buyer and its agents shall be permitted to enter upon the Property to inspect the Property from time to time and to conduct such tests as Buyer deems appropriate, at the sole cost and expense of Buyer, including, without limitation, the studies and tests described in Section 7(b) herein. Buyer shall be permitted to inspect the Property, and real estate tax and special assessment information in the possession or control of City. Buyer shall indemnify and hold City harmless from any and all claims, costs, damages, fees (including, but not limited to, attorneys', engineers' and other consultants costs and fees) and losses resulting from or relating to Buyer's inspections under this Section 7. This indemnification shall survive the Closing or the cancellation of this Agreement for any reason. City agrees to consent to and join in any Buyer's petitions, applications, proceedings for replatting, obtaining variances of applicable codes and ordinances, obtaining conditional use permits and any other licenses, permits and approvals necessary or desirable by Buyer; provided, however, that City shall not be obligated to incur any expense in connection with the foregoing. 8. COVENANTS, REPRESENTATIONS AND WARRANTIES OF CITY AND BUYER. City hereby covenants, represents and warrants to Buyer as follows: • • • a) That the Property is and at the Closing Date will be in full compliance with all applicable codes, decrees, laws, orders, ordinances, regulations, rules and statutes (whether federal, state, county or municipal), and all applicable restrictive covenants (collectively, "Regulations "), including, without limitation, any Regulations relating to building, environmental protection, fire, health, pollution and safety. b) That City has received no notice of and has no knowledge of any proposed or pending proceeding to change or redefine the current zoning classification of all or any part of the Property. c) That City has full authority, power and right to execute, deliver and carry out the terms and conditions of this Agreement and all other documents to be executed and delivered by City pursuant to or in connection with this Agreement; and that the execution and delivery of this Agreement, the consummation of the transactions herein contemplated, and compliance with the terms of this Agreement will not conflict with, or with or without notice or the passage of time, or both, result in a breach of, any contract or agreement to which City is a party, or of any judgment, order, or decree of any court having jurisdiction over City or City's properties or of any other applicable Laws, Ordinances or Regulations. d) That as of the Closing Date City shall convey good and marketable title to the Property, free and clear of any and all liens and encumbrances whatsoever, except the Permitted Exceptions. e) That there is no action or proceeding pending against City or any part of the Property that, if determined adversely as to City, Buyer or the Property, would have a material adverse effect on title to or the use, enjoyment or value of the Property, or that could interfere with the consummation of the transactions contemplated by this Agreement, and, to the best of City's knowledge, no such action or proceeding is contemplated or threatened by any party. f) That as of the Closing Date there will have been approved direct access to and from the Property on a publicly dedicated street and to public utilities, and, to the best of City's knowledge, no fact or condition exists that would result in the termination of such access to and from the Property or the cessation of such utilities necessary for the operation of the Property as a business or service as proposed by Buyer and as permitted by the City. That City warrants to Buyer: (i) that it has not used or permitted the Property to be used, whether directly or through agents, contractors or tenants, and to the best of City's knowledge, and except as disclosed to Buyer in writing, the Property has not at any time been used for the generating, transporting, treating, storage, manufacture, emission of, or disposal of any dangerous toxic or hazardous pollutants, contaminants, g) chemicals, wastes, or substances, petroleum or petroleum products, asbestos, pesticides, agricultural chemicals, or PCB, as defined in the Federal Comprehensive Environmental Response Compensation and Liability Act of 1980 ( "CERCLA "), or the Federal Resource Conservation and Recovery Act of 1976 ( "RCRA "), or the Minnesota Environmental Response and Liability Act, Minn. Stat. Ch. II 5A ( "MERLA "), or any other federal, state or local environmental laws, common law, statutes, regulations, requirements, and ordinances ( "Hazardous Materials "); (ii) that to the best of City's knowledge, there has been no investigations or reports involving City or the Property by any governmental authority which in any way pertain to Hazardous Materials; (iii) that to the best of City's knowledge, the operation of the Property has not violated and is not currently violating any federal, state or local law, regulation, ordinance, or requirement governing Hazardous Materials; (iv) that to the best of City's knowledge, the Property is not listed in the United States Environmental Protection Agency's national Priorities List of Hazardous Waste Sites nor any other list, schedule, log, inventory, or record of Hazardous Materials or hazardous waste sites, whether maintained by the United States Government or any state or local agency; (v) that to the best of City's knowledge, the improvements, if any, do not contain any formaldehyde, urea, or asbestos, except as may have been disclosed in writing to the Buyer by City at the time of execution and delivery of this Agreement; (vi) that City agrees to indemnify and reimburse Buyer for any breach of these representations and warranties for any loss, damage, expense, or cost arising out of or incurred by Buyer which is the result of a breach of, misstatement of, or misrepresentation of the above covenants, representations and warranties, together with all attorneys' fees, consultants' fees, engineering fees, and costs incurred in connection with the defense of any action against Buyer arising out of the above; and (vii) that these covenants, representations, and warranties shall be deemed continuing covenants, representations, and warranties for the benefit of Buyer, and any heirs, successors, and assigns or Buyer, and shall survive the Closing and delivery of the Warranty Deed. h) That to the best of City's knowledge, there are no soil compaction or subsurface conditions that would interfere with the ability of the Property to support buildings as proposed by Buyer. i) That to the best of City's knowledge, the Property is not in a designated wetland, flood plain or flood insurance area, including, without limitation, any area determined by the Department of Housing and Urban Development to be in a flood zone under the Federal Floor Protection Act of 1973. J) That as of the Closing Date all utilities, including, without limitation, water, waste removal systems, electricity, gas and telephone, will be available to the Property in sufficient quantity to adequately service the • Property for the development as proposed by Buyer or that the City has approved extension of such services. k) That as of the Closing Date there will be no unrecorded contracts, easements, leases or other agreements, or claim of any third party, affecting the title, use, development or occupancy of the Property, and no entity, firm or person has or as of the Closing Date will have any right of first refusal, option or other right to acquire all or any part of the Property. 1) That except for debts, liabilities and obligations for which provision is herein made for proration or other adjustment at Closing; there shall be no debts, liabilities or obligations of City with respect to the Property outstanding as of the Closing Date. m) That to the best of City's knowledge there is no contemplated, existing or proposed eminent domain proceeding, or private purchase in lieu thereof, relating to the Property or any portion thereof. n) That City is not a "foreign person" as that term is defined in Section 1445 of the Internal Revenue Code, as amended, and any applicable regulations promulgated thereunder. o) That each and every obligation and undertaking of City under this Agreement and any collateral agreement shall be performed by City timely when due. p) That there are no buildings or structures located on or under the Property that are subject to leases or rental agreements with tenants of the Property nor are there any tenants of the Property. q) That to the best of City's knowledge, there are no wells or storage tanks on the Property. r) That City shall not take or omit to take any action that would result in a violation or breach of any of the covenants, representations or warranties set forth in this Agreement; that City shall indemnify and hold Buyer harmless from and against any and all damage, liability or loss (including, without limitation, actual attorneys' fees and costs) that Buyer may incur by reason of any breach of, or inaccuracy in, the covenants, representations and warranties contained herein or in any certificate or other instrument furnished by City to Buyer pursuant hereto- and that City's covenants, indemnities, representations and warranties contained in this Agreement shall survive the Closing for a period of twenty -four (24) months. s) That City has received no notice or complaint from any other party regarding the Property and will maintain the Property in its current condition until Closing. • • • Buyer hereby covenants, represents and warrants to City as follows: t) That Buyer is a corporation duly formed and validly existing under the laws of Minnesota; that all requisite resolutions or corporate authority and any other consents necessary for the consummation by Buyer of the transaction contemplated hereby have been duly adopted and obtained; that Buyer has full authority, power and right to execute, deliver and carry our the terms and conditions of this Agreement and of other documents to be executed and delivered by Buyer pursuant to or in connection with this Agreement; and that the consummation of the transaction herein contemplated, and compliance with the terms of this Agreement will not conflict with, or with or without notice, or the passage of time, or both, result in a breach of any judgment, order or decree of any court having jurisdiction over Buyer or Buyer's properties or any other regulations. u) That Buyer shall not take or omit to take any action that would result in a violation or breach of any of the covenants, representations or warranties set forth in this Agreement; that Buyer shall indemnify and hold City harmless from and against any and all damage, liability or loss (including, without limitation, actual attorneys' fees and costs) that City may incur to a third party by reason of any breach of, or inaccuracy in, the covenants, representations and warranties contained herein or in any certificate or other instrument furnished by Buyer to City pursuant hereto; and that Buyer's covenants, indemnities, representations and warranties contained in this Agreement shall survive the Closing for twenty -four (24) months 9. CLOSING - CLOSING DOCUMENTS. a) At Closing, City shall execute, as appropriate, and deliver to Buyer the following items: (i) A Warranty Deed (the "Deed "), conveying good and marketable fee simple title to the Property, subject only to the Permitted Exceptions. (ii) Evidence, reasonably satisfactory to Buyer and the Title Company, of authority of any person or persons executing instruments for or on behalf of City. (iii) A Certificate of Real Estate Value, as required by Minnesota law. (iv) A Well Disclosure Certificate, as required by Minnesota law. (v) An Affidavit in compliance with Section 1445 of the Internal Revenue Code, as amended, stating City's United States Identification Number and that City is not a "foreign person" as defined in Section 1445. • (vi) Any other items or documents affecting the conveyance and sale of the Property that may be reasonably requested by Buyer or Title Company, or that may be necessary to carry out the purpose and intent of this Agreement. b) Drafts of the Closing documents described in Section 9(a)(i) through (vi) herein shall be prepared by City and submitted to Buyer for approval on or before ten (10) days prior to the Closing Date. c) At Closing, Buyer shall deliver to City the following: (i) The balance of Purchase Price. (ii) Any other items or documents affecting the conveyance and sale of the Property that may be reasonably requested by City or Title Company, or that may be necessary to carry out the purpose and intent of this Agreement. d) Possession of the Property shall be delivered by City to Buyer immediately upon Closing, and Buyer may commence work on the Property, provided it does not interfere with City's work or access to the Property. Any personal property remaining on the Property after the Possession Date shall be deemed abandoned by City. Except as otherwise provided herein, all Closing costs, including recording fees, shall be allocated to and paid by City or Buyer in accordance with the manner in which such costs are customarily paid by such parties in sales of similar property in Anoka County, Minnesota. City shall pay any recording fees in connection with the recording of the Deed and any deed tax with respect to the ultimate transfer of the Property. Buyer shall pay any mortgage registration tax in connection with the recording of any mortgage given by Buyer and the premium for Owner's and Mortgagee's Title Insurance Policies. Each party shall pay one -half of Title Company's Closing fee. 10. ADJUSTMENT AND PRORATIONS. Real estate taxes due and payable with respect to the Property in the years prior to the calendar year of Closing shall be paid by City. Real estate taxes due and payable with respect to the Property during calendar year of the Closing shall be prorated between City and Buyer as of the Closing Date, based upon the latest available tax information. Real Estate taxes due and payable in the years after the calendar year of Closing shall be paid by Buyer. City shall pay on the Closing Date all outstanding levied, pending or deferred special assessments or similar charges and deferred taxes outstanding as of the Closing Date, including any charges for improvements to be installed by City, except sewer, water, and surface water management area and unit charges. 11. CONDEMNATION AND EMINENT DOMAIN. City represents and warrants that it has not received a notice in respect of and has no knowledge of any condemnation • • • or eminent domain proceedings pending or threatened in respect to the Property. If, prior to Closing, the Property or any part thereof is subject to a condemnation or eminent domain proceeding, City, immediately upon learning of the same, shall give written notice to Buyer. Thereafter, Buyer shall have a period of fifteen (15) days within which to elect, by written notice to City, to cancel this Agreement. In the event of cancellation under this Section 11, all Earnest Money, which has not become nonrefundable, shall be promptly refunded by City. This Agreement shall become null and void and of no further force or effect. Neither Buyer nor City shall have any further obligation or liability hereunder, except Buyer's indemnification as provided in Section 7 herein. If no such election is timely made, Buyer shall be deemed to have waived its rights under this Section 11; provided, however, that Buyer shall be entitled, upon Closing, to all of the proceeds of any condemnation award. City shall execute and deliver all documents reasonably requested of City in order to effectuate same. 12. REAL ESTATE COMMISSION. Buyer and City each represents and warrants to the other that, no person or entity is entitled to any commission or other fee in connection with this transaction. This warranty shall survive the Closing or the cancellation of this Agreement for any reason. City and Buyer each for itself as indemnitor shall indemnify the other party against any action, claim, loss or suit (including reasonable attorneys' costs and fees) incurred or suffered by the other party by reason of any misrepresentation or breach of warranty under this Section 12 by the indemnifying party. City, at its sole cost and expense, shall pay any commission or other fee which may be due from City, and shall indemnify and hold Buyer harmless therefrom. Buyer at its sole cost and expense, shall pay any commission or other fee which may be due from Buyer, and shall indemnify and hold City harmless therefrom. 13. EXPENSES. Except as otherwise provided in this Agreement, each party shall pay for its own accounting, consulting, engineering, legal, surveying and other similar expenses incurred in connection with the transactions contemplated by this Agreement, whether or not such transactions are consummated. 14. ASSUMED NAME CERTIFICATES. The parties hereto agree to execute, acknowledge and file or deliver such fictitious or assumed name amendments, certificate, counterparts, documents or instruments as may be required to comply with the laws of the State of Minnesota or of any other State in which the parties may elect to do business. 15. NUMBER OF DAYS. In computing the number of days for the purposes of this Agreement, all days shall be counted, including Saturdays, Sundays and national legal holidays; provided, however, that if the final day of any time period falls on a Saturday, Sunday or national legal holiday, then the final day shall be deemed to be the next day which is not a Saturday, Sunday or national legal holiday. 16. CONSTRUCTION. The parties acknowledge that each party and its counsel have reviewed and approved this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any amendments or Exhibits hereto. • • • 17. THIRD PARTY BENEFICIARIES. Nothing in this Agreement, expressed or implied, is intended to confer upon any person, other than the parties hereto and their assigns, executors, heirs, personal representatives and successors, any rights or remedies under or by reason of this Agreement. 18. CUMULATIVE RIGHTS. Except as may be specifically limited herein, no remedy or right herein conferred upon or reserved to any party hereto is intended to be exclusive of any other remedy or right herein or by law provided, but each shall be cumulative and in addition to every other remedy or right given herein or not or hereafter existing at law or in equity or by statute. 19. ATTORNEY'S FEES. It is expressly agreed and understood that City and Buyer each shall be entirely responsible for the payment of any attorney's fees incurred by each party relating to the legal services furnished to such party in connection with the transactions contemplated herein; provided, however, that in the event that either party hereto should employ the services of an attorney in connection with a breach of this Agreement or the enforcement of the terms hereof, the defaulting or losing party shall pay, in addition to any other sums due hereunder, the prevailing party's reasonable attorneys' costs and fees. 20. NOT PARTNERSHIP OR JOINT VENTURE. City and Buyer agree that this Agreement is not intended to be nor shall it be construed as a joint venture or partnership between City and Buyer. City and Buyer agree that the only purpose of this Agreement is to establish a seller and buyer relationship. This Agreement is nothing more than an agreement on the part of City granting to Buyer the right and obligation to purchase the Property under the conditions herein set forth. Buyer and City intend that the relationship between them shall be solely that of Buyer and Seller. Nothing contained in this Agreement, or in any other document or instrument made in connection with this transaction, shall be deemed or construed to create a partnership, tenancy -in- common, joint tenancy, joint venture, other common enterprise or co- ownership by or between Buyer and City. 21. INVALID PROVISIONS. The parties hereto intend and believe that each provision of this Agreement comports with all applicable local, state and federal laws, judicial decisions and public policy; provided, however, if any provision or provisions, or if any portion of any provision or provisions, in this Agreement is found by a court of law to be in violation of any applicable local, state or federal laws, judicial decisions or public policy, and if such court should declare a portion, provision or provisions of this Agreement to be illegal, invalid, unlawful, void or unenforceable as written, then it is the intent of all parties hereto that such portion, provision or provisions shall be given force to the fullest possible extent that they are legal, valid and enforceable, that the remainder of this Agreement shall be construed as if such illegal, invalid, unlawful, void or unenforceable portion, provision or provisions were not contained therein, and that the rights, obligations and interest of the parties hereto under the remainder of this Agreement shall continue in full force and effect. • • 22. NOTICES. All communications, demands, notices or objections permitted or required to be given or served under this Agreement shall be in writing and shall be deemed to have been duly given or served if delivered, in person or deposited in the United States mail, postage prepaid, for mailing by certified or registered mail, return receipt requested or of telegram, by prepaid telegram, telex, FAX or telecopier, and addressed, to a party to this Agreement, to the address set forth below: If to Buyer: with a copy to: If to City: with a copy to: Legacy Holdings Lino Lakes, LLC c/o Hartford Group, Inc. 12100 Singletree Lane Suite 100 Eden Prairie, MN 55344 -7933 Attention: John C. Brandt Telephone Number: (952) 746 -1202 Fax Number: (952) 746 -1201 Larkin, Hoffman, Daly & Lindgren, LTD 1500 Wells Fargo Plaza 7900 Xerxes Avenue South Bloomington, Minnesota 55431 Attn: William C. Griffith Telephone Number: (952) 896 -3290 Fax Number: (952) 896 -3333 City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 Attn: Telephone Number: (651) 982 -2400 Fax Number: (651) 982 -2499 William G. Hawkins 2140 4th Avenue North Anoka, Minnesota 55303 Telephone Number: (763) 427 -8877 Fax Number: (763) 421 -4213 Notices sent by certified mail, return receipt requested, shall be presumed to have been received. If notice is mailed, the effective notice date shall be the 7th day next following the date of mailing. If notice is telecopied, the effective notice date shall be the next following day. If notice is personally delivered, the effective date shall be the delivery date. Any party may change his/her /its address by giving notice in writing, stating his/her /its new address to any other party as provided in the foregoing manner. Commencing on the 10th day after the giving of such notice, such newly designated • address shall be such party's address for the purpose of all communications, demands, notices or objections permitted or required to be given or served under this Agreement. 23. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their assigns, executors, heirs, personal representatives or successors; provided, however, that no party shall assign any right or obligation hereunder in whole or in part, without the prior written consent of the other party hereto, and any attempt to do so shall be void; provided, further, however, that any permitted assignment shall not release the primary obligor from the responsibility of performing the obligation unless the obligor is specifically released from such obligation. Notwithstanding the next previous sentence, Buyer may at any time assign its rights and obligations hereunder (and be released therefrom) once to an affiliate of Buyer. 24. AMENDMENT, MODIFICATION OR WAIVER. No amendment, modification or waiver of any condition, provision or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or his/her /its duly authorized representative and specifying with particularity the extent and nature of such amendment, modification or waiver. Any waiver by any party of any default of another party shall not affect or impair any right arising from any subsequent default. Nothing herein shall limit the remedies and rights of the parties hereto under and pursuant to this Agreement. • 25. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties hereto in respect to the transactions contemplated hereby and supersedes all prior agreements and understandings between the parties with respect to each subject matter. Neither party hereto has relied upon any agreements, covenants, promises, representations, restrictions, undertakings or warranties not set forth in this Agreement (whether oral, implied, or otherwise). There have been, and are, no agreements, covenants, promises, representations, restrictions, understandings or warranties between the parties with regard thereto, other than those set forth or provided for herein. 26. CAPTIONS, HEADINGS OR TITLES; REFERENCE TO GENDER: AND SINGULAR OR PLURAL. All captions, headings and titles and numbering and lettering systems in the paragraphs or sections of this Agreement are inserted for convenience of reference only and shall not constitute a part of this Agreement and shall not be a limitation on the scope of the particular paragraphs or sections to which they apply. Where appropriate, the feminine gender may be read as the masculine gender or the neuter gender; the masculine gender may be read as the feminine gender or the neuter gender; and the neuter gender may be read as the masculine gender or the feminine gender. Words shall be interchangeable with respect to singular or plural. 27. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be considered one and the same Agreement and shall become effective when one or more counterparts have been signed by each of the parties and delivered to the other party. • • • • 28. MINNESOTA LAW. This Agreement shall be construed and enforced in accordance with the laws of the State of Minnesota. IN WITNESS WHEREOF, this Purchase Agreement has been executed as of the day and year first above written. BUYER: LEGACY HOLDINGS LINO LAKES, LLC By: John C. Brandt Its Chief Manager , 2003 CITY: CITY OF LINO LAKES By: Print Name:. Mayor, Lino Lakes By: Print Name: City Clerk, Lino Lakes 869503.1 • AGENDA ITEM 7C STAFF ORIGINATOR: Jim Jacques, TKDA COUNCIL MEETING DATE: August 25, 2003 TOPIC: Resolution No. 03 - 137, Authorizing Distribution for Review, Surface Water Management Plan Vote Required: Simple Majority BACKGROUND: The City of Lino Lakes is required to prepare a Surface Water Management Plan that must, at a minimum, meet the requirements for local plans in the Minnesota Statutes, Section 103B.235 and be in conformance with Watershed District, Management Organization, and Metropolitan Council plans. The City's "first generation" plan was adopted in 1994. Since this time both the Rice Creek Watershed District (RCWD) and the Vadnais Lake Area Water Management Organization (VLAWMO) have updated their watershed management plans. As such the City is required to updated its existing plan. The update is also a requirement as part of the Metropolitan Council's review of the City's Comprehensive Plan. The City Council authorized preparation of the Surface Water Management Plan. City staff has substantially completed the report and it requesting authorization to distribute the plan for review. The Surface Water Management distribution will be sent to RCWD, VLAWMO, Metropolitan Council, and Anoka County. OPTIONS: 1. Return to staff for further review. 2. Adopt Resolution Number 03 - 137, authorizing distribution for review, Surface Water Management Plan. 3. Not adopt Resolution Number 03 — 137. RECOMMENDATION: Option No. 2 - Staff recommends that Resolution Number 03 —137 be adopted. • • CITY OF LINO LAKES RESOLUTION NO. 03 -137 RESOLUTION AUTHORIZING DISTRIBUTION FOR REVIEW — SURFACE WATER MANAGEMENT PLAN WHEREAS, the City's Engineer, TKDA, has prepared a Surface Water Management Plan: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. That city staff is hereby authorized to distribute such plan, a copy of which is attached hereto and made part hereof, for review. Adopted by the Lino Lakes City Council this 25th day of August, 2003. • Ann J. Blair, City Clerk • John J. Bergeson, Mayor • • • STAFF ORIGINATOR: C. C. MEETING DATE: TOPIC: VOTE REQUIRED: BACKGROUND AGENDA ITEM 7 D Jeff Smyser August 25, 2003 - First Reading, Ordinance No. 17 -03, Rezoning to Planned Unit Development - Resolution 03 -134, Preliminary Plat/PUD Development Plan and MUSA Reserve Allocation Ravens Hollow 3/5 KG Development Inc. has requested approval of a low and medium density residential planned unit development (Ravens Hollow). To accommodate the development proposal, the following approvals are necessary: 1. Rezoning from R (Rural) to Residential Planned Unit Development 2. MUSA Reserve Allocation (21 acres) 3. Preliminary Plat/PUD Development Stage Plan ANALYSIS The following is a summary of the of the proposal: Gross Site Area Upland Area Total Lots Gross Density Net Density 22.08 acres 20.89 acres 56 2.5 units /acre 2.7 units /acre Comprehensive Plan, Land Use and Zoning: The table below identifies the existing land use and zoning as well as guided land uses for the area. • • • Ravens Hollow page 2 Location Existing Land Use Guided Land Use Existing Zoning Site two existing homes, remainder vacant Low Density Sewered Residential and Medium Density Residential Stage 1 (pre -2010) growth area Rural North residential (Fox Trace neighborhood) Low Density Sewered Residential R -1 South large lot rural residential Low Density Sewered Residential and Medium Density Residential Rural East large lot rural residential Low Density Unsewered Residential Rural West large lot residential (Rohavic Oaks) Low Density Unsewered Residential Rural The City's Comprehensive Plan calls for medium density sewered residential uses in the southwest portion of the site and low density sewered uses on the balance of the site. As defined by the comprehensive plan, medium density is 3 -6 units per acre and low density means up to three units per acre. This site is zoned Rural, and a rezoning is needed for urban development. A rezoning is an amendment to the zoning ordinance, which must be consistent with the comprehensive plan. We considered how to meet the requirements of the comprehensive plan on a site whose boundaries don't coincide with the boundaries of the land use categories. A planned unit development provides for some flexibility. The new zoning ordinance provides for rezoning the site to PUD. By rezoning the entire site, and use some creativity, we can arrive at the same overall density required by the comprehensive plan. The site includes approximately 6.2 acres of upland in the Medium Density category. At 3 to 6 units per acre, this would allow for 19 to 37 units. There are about 14.7 acres in the Low Density category. This could go up to three units per acre, or 44 units. The total number of units, therefore, could go up into the 63 to 81 range. However, typical single family density has been about 2.1 units per acre, which calculates to about 31 units. The result is a range of 50 -68 units, as shown below. With 56 units, the project is in the low end of this range, and well below what the comprehensive plan would allow. upland acres density total units Medium Density 6.2 3 -6 units per acre 19 -37 Low Density 14.7 2.1 31 50 -68 With 56 units, the project is in the low end of this range, and well below what the comprehensive plan would allow. • • • Ravens Hollow page 3 Rezoning Because the site boundaries don't coincide with the boundaries of the land uses in the comprehensive plan, a PUD rezoning is the best way to handle the site. It allows for spreading the densities across the entire project. Strictly adhering to the and use category borders in the comprehensive plan would create a neighborhood with oddly shaped areas and either an abrupt change from attached townhomes to single family or a convoluted street separating the two. The proposed PUD design allows the project to meet the total density needs established by the comprehensive plan while creating a design that incorporates the different housing types into a sensible, workable whole. Discussion of individual elements of the PUD are discussed below under the preliminary plat/development stage plan heading. The zoning ordinance requires that, for a zoning amendment application: The Planning and Zoning Board shall consider possible adverse effects of the proposed amendment. Its judgement shall be based upon, but not limited to, the following factors: 1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. The project complies with the land use in the comprehensive plan: the site is guided for Medium Density and Low Density Sewered Residential use. The PUD accommodates both those land use categories and their respective densities. Final platting will not occur until 2004 due to MUSA availability. The project will be consistent with both the MUSA and units /per year limitations of the growth management policy. 2. The proposed use is or will be compatible with present and future land uses of the area. The Ravens Hollow lots on the north are compatible with the Fox Trace development to the north. Future development to the south will be medium and low density, like the Ravens Hollow project. 3. The proposed use conforms with all performance standards contained herein (in the zoning ordinance). The standard lots are similar to the R -1 standards in the zoning ordinance, especially if the eastern lots are adjusted to increase lot areas. The PUD allows flexibility, and the project addresses things that a PUD is supposed to encourage, as listed in the zoning ordinance (see below). Ravens Hollow page 4 4. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. Sanitary sewer service is available via Linda Lane on the north side of the site. Water is available both in Linda Lane and Ware Road. This allows for a loop in the water service, a desirable situation. The systems have adequate capacity. The utilities will be constructed to serve land to the south. 5. Traffic generation by the proposed use is within capabilities of streets serving the property. The site is between a collector and an arterial roadway. The proposed access to Ware is spaced as far away from 62nd St. as possible without seriously impacting existing wetlands. Additional access would be from the existing Linda Lane on the north. Ware Road will not be overburdened. In the future, the site would access land to the south when that land develops —this will provide for a future access to Hodgson at Rohavic Lane. • MUSA Reserve, Growth Management Criteria The site is in a Stage 1 growth area: utilities can be extended prior to 2010. The City's Growth Management Ordinance establishes annual limits on allocation of MUSA reserve and the number of new units that can be platted. To accommodate the proposed development of 56 units, a total of 20.9 acres of MUSA is necessary. No MUSA remains for year 2003. Since this project is outside of the existing MUSA, it cannot be final platted until 2004. This should be a condition of approval. The targets, the status of the allocations, and the proposed Ravens Hollow project are shown in the following tables. • • • • MUSA ALLOCATION Ravens Hollow page 5 2003 2004 2005 2006 2007 2008 2009 annual target 36.0 36.0 36.0 36.0 36.0 36.0 36.0 Stoneybrook 27.7 Century Farm North Ravens Hollow 15.3 11.4 13.5 5.4 9.4 20.9 total remaining 43.0 32.3 13.5 5.4 9.4_ 0.0 0.0 TOTAL 252.01 27.7 55.0 20.9 103.61 -7.0 3.7 22.5 30.6 26.6 36.0 36.0 exceeds target by 19% LOTS /UNITS 148.4 Development Name and Phases Prelim Plat Phasing plans by year (lots /units to be final platted) year end 2002 2003 2004 2005 2006 2007 2008 Stoneybrook 2nd Addn 103 51 52 (Century Farm North 249 56 65 52 43 33 Ravens Hollow 56 56 total 51 108 121 52 43 33 01 remainder of 147 39 26 95 104 114 The target for phasing plans is 50 units per phase. With a project of 56 units, total, it is problematic to break it up. Preliminary Plat/Development Stage Plan 147 There are three parts of the PUD process. The first part, the general concept plan, is the voluntary concept plan review. The second part is the development stage plan, which corresponds to the preliminary plat process. The third part, the final plan, corresponds to the final plat process. The Ravens Hollow project is a PUD rezoning. With a PUD, the plat serves to establish some specific elements that become zoning standards. For example if a plat in a PUD includes reduced setbacks or lot dimensions, these things become the setbacks or dimensions in that plat. As noted in the zoning ordinance, such flexibility is intended to encourage such things as: 1. A development pattern in harmony with the objectives of the Comprehensive Plan. 2. Innovations in development that address growing demands for all styles of economic expansion, greater variety in type, design, architectural standards, and siting of structures through the conservation and more efficient use of land in such developments. 3. The preservation and enhancement of desirable site characteristics such as existing vegetation, natural topography and geologic features and the prevention of soil erosion. • • • Ravens Hollow page 6 4. A creative use of land and related physical development which allows a phased and orderly transition of varying land uses in close proximity to each other. 5. An efficient use of land resulting in smaller networks of utilities and streets thereby lowering development costs and public investments. 6. Promotion of a desirable and creative environment that might be prevented through the strict application of City zoning and subdivision regulations. The primary purpose of using a PUD for Ravens Hollow is to allow the project to comply with the comprehensive plan ( #1). As noted above, the land use category boundaries don't follow the project boundaries, so the densities have been averaged across the entire plat. In order to do so, the plat involves incorporating different housing styles in a creative design ( #2, #4, #6). Design elements that deviate from strict zoning provisions related to setbacks, heights, lot area and dimensions, etc., should be examined in light of the intentions of a PUD. Unit types: The project includes two different housing types. There are 26 standard single family lots and 30 single family detached townhome lots. The location of the varied housing types creates a transition in land use intensities. The standard lots in the northern part of the site coincide with the existing Fox Trace neighborhood. In fact, the Ravens Hollow lots are larger. The single family, zero lot line townhomes in the southern area consistent with the medium density required by the comprehensive plan and provide a transition from the future commercial uses to the south. This transition is consistent with the land use directives of the comprehensive plan and is a positive aspect of the project design. Lots: The standard lots on the north half of the plat are consistent with the R -1 dimension and area standards. Several are larger than the minimum area. Several lots in Block 1 were smaller than the minimum upland area on an earlier plat. This has been corrected by redesigning the pond/wetland covering those lots. All now meet the minimum requirements. The zoning ordinance has no requirements for detached, single family, zero lot line lots. This housing type offers the ability to meet the density requirements of the comprehensive plan and still have a single family residential character in the new neighborhood. The proposed design of these lots is acceptable. Streets: The site is between Hodgson Road, a minor arterial, and Ware Rd., a collector road. It is important to limit the number of accesses to both these streets. Numerous, oddly spaced roads access Ware Rd. in the near vicinity, creating "T" intersections: 62nd St. from the east, Linda Ave. from the west, and Coyote Trail from the east. Linda Ave. forms a full intersection with Hodgson Rd. just north of the site. Rohavic Lane forms a "T" with Hodgson just south of the site. • • • Ravens Hollow page 7 The plat includes one access to Ware Rd. and no access to Hodgson. The proposed access to Ware is spaced as far away from 62nd St. as possible without seriously impacting existing wetlands. Additional access would be from the existing Linda Lane on the north. In the future, the site would access land to the south when that land develops. The goal is to design development of the land to the south to create a full intersection at Hodgson Rd. and Rohavic Lane. On the west side of the plat, the internal road provides for future access to land along Hodgson Rd. When/if that land is redeveloped, access can be via the Ravens Hollow internal roads. This eliminates the need for new driveways onto Hodgson. All internal streets will be public roads built to City standards, 32 ft. street in a 60 ft. right of way. The westernmost street terminates at the property border. It is likely that Anoka County will require additional right of way dedication for Hodgson, probably 27 feet. This leaves a small strip of 11 feet. This should be added to the City right of way to eliminate an odd strip of land between the County and City rights of way. Wetlands: Two small wetlands exist on the site, totaling 1.19 acre. The developer proposes to fill portions of the wetlands and mitigate (create replacement wetland) on the site. The proposed access road runs between them, resulting in minimal additional impact. A wetland mitigation plan has been reviewed by the Rice Creek Watershed District. Park Dedication: The current subdivision ordinance includes park dedication requirements, as adopted in 2001. Park dedication is $1665 per residential unit, less any land dedication. The Park Board recommends only cash for this project. This would calculate out to 56 units x $1665 = $93,240. The Board also considered a trail link between Lots 9 and 10, Block 4, in the northwest corner of the site, but staff believes this is not needed. A trail exists along the northern border of the property. This trail was constructed as part of the Fox Trace development. The record is unclear why it was constructed on property that is not within Fox Trace. There must be a clear right to the use of the trail, so an easement must be dedicated that covers the trail, or a trail corridor dedicated to the City. Either way, it should be credited to the park dedication and the value subtracted from the $93,240. Utilities. Sanitary sewer service is available via Linda Lane on the north side of the site. Water is available both in Linda Lane and Ware Road. This allows for a loop in the water service, a desirable situation. These utilities will be constructed to serve land to the south. Comments in the City Engineer memo of June 30 should be addressed to his satisfaction. Landscaping: There should be some landscaping installed on the western edge of Lot 1, Block 3. This will provide that lot some buffer for when/if Hodgson Road is widened. Lots • • Ravens Hollow page 8 backing on Ware Rd. will be separated/buffered from the road by 100+ feet of wetland and ponding. No monument sign or landscaping has been submitted. If a monument sign is planned, plans for the sign location, ownership, and maintenance must be submitted for City review and approval prior to City Council review of the preliminary plat/general development plan. Grading and Drainage: The grading and drainage related modifications and comments, as recommended by the City Engineer in the attached memorandum must be addressed to the City Engineer's satisfaction. The plan is also subject to review and approval from the Rice Creek Watershed District. Area Identification Sign: A monument sign identifying the Ravens Hollow neighborhood likely will be constructed. It will be located in Outlot A, on the southwest corner of the Ravens Court and Ware Road intersection. Outlot A will be owned by the homeowners association, as will the sign. The sign information specifying sign design, location, ownership, and maintenance will be submitted for City review with the final plat. The homeowners association documents will include maintenance of the sign and its landscaping. ENVIRONMENTAL BOARD The Environmental Board reviewed several concept plans. At the April 30 meeting, the Environmental Board saw the concept for the plan being reviewed now. Their recommendations simply echoed their comments on the first plan. The "preservation area" referred to is a centeral area previously proposed to have a covenant over it to prevent homeowners from cutting trees. This is still possible, if the developer wants to include this in the private covenants. Most of the other recommendations are part of standard requirements. PLANNING & ZONING BOARD The P & Z conducted a public hearing on the application on July 9th. The P & Z recommended approval with conditions. Any conditions that have not already been fulfilled are included in Resolution 03 -134. • • • Ravens Hollow page 9 OPTIONS. 1. Approve Ordinance No. 17 -03, rezoning the site to residential PUD. 2. Approve Resolution 03 -134, approving the preliminary plat/PUD general development plan and the allocation of 21 acres of MUSA reserve, with the listed conditions. 3. Return to staff with direction. RECOMMENDATION Options 1 and 2 This review is based on the following plans and information: City Engineer Comments dated July 2, 2003 Public Services Director Comments (Park Board), April 17, 2003 Environmental Board Comments, March 31 and May 9, 2003 Certificate of Survey, revised and received April 4, 2003 Preliminary Plat, received August 11, 2003 Preliminary Grading, Drainage, Erosion Plan, revised August 1, 2003, received August 11 Preliminary Utility Plan, revised August 11, 2003, received August 11 • • CITY OF LINO LAKES ORDINANCE NO. 17-03 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF LINO LAKES BY REZONING CERTAIN REAL ESTATE FROM R, RURAL TO URBAN RESIDENTIAL PLANNED UNIT DEVELOPMENT (PUD) FOR THE RAVENS HOLLOW DEVELOPMENT The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: Section 1: Findings The City Council makes the following findings regarding the application for rezoning the property described below, based on the factors listed in Section 2, Subd.1E of the Lino Lakes zoning ordinance: 1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. The project complies with the land use in the comprehensive plan: the site is guided for Medium Density and Low Density Sewered Residential use. The PUD accommodates both those land use categories and their respective densities. Final platting will not occur until 2004 due to MUSA availability. The project will be consistent with both the MUSA and units /per year limitations of the growth management policy. 2. The proposed use is or will be compatible with present and future land uses of the area. The site is guided for low and medium density residential uses. Existing and anticipated future land uses in the area are considered compatible with the proposed uses. The Ravens Hollow lots on the north are compatible with the Fox Trace development to the north. Future development to the south will be medium and low density, like the Ravens Hollow project. 3. Upon compliance with the conditions of approval set forth in Resolution 03 -134, the proposed use will conforms with all performance standards contained in the zoning ordinance and other requirements. The standard lots are similar to the R -1 standards in the zoning ordinance. The PUD allows flexibility, and the project addresses things that a PUD is supposed to encourage, as listed in the zoning ordinance. 4. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. Sanitary sewer service is available via Linda Lane on the north side of the site. Water is available both in Linda Lane and Ware Road. This allows for a loop in the water service, a desirable situation. The systems have adequate capacity. The utilities will be constructed to serve land to the south. 5. Traffic generation by the proposed use is within capabilities of streets serving the property. The site is between a collector and an arterial roadway. The proposed access to Ware is spaced as far away from 62nd St. as possible without seriously impacting existing wetlands. Additional access would be from the existing Linda Lane on the north. Ware Road will not be overburdened. In the future, the site would access land to the south when that land develops —this will provide for a future access to Hodgson at Rohavic Lane. Section 2 The Zoning Ordinance of the City of Lino Lakes, Anoka County, Minnesota, passed by the City Council on March 10, 2003 is hereby amended by rezoning from R, to Planned Unit Development, Urban Residential pursuant to the provisions of the Zoning Ordinance of the City of Lino Lakes, the following described real estate: (see Attachment A, legal description) Section 3 • As above amended, said Zoning Ordinance shall stand as initially passed and previously amended. Section 4 This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Passed by the Lino Lakes City Council this day of , 2003 ATTEST: Ann Blair, City Clerk • John J. Bergeson, Mayor ATTACHMENT A ORDINANCE 17 03 �EGAL DESCRIPTION All that part of Lot Eight (8 ), Auditor's Subdivision No. 107, according to the map or plat thereof on file and of record in the office of the Register of Deeds in and for Anoka County, Minnesota, that lies East of the line which is parallel to and 660.3 feet East of the most westerly line of said Lot 8, as measured along the South line �f snda oencumbrances 8. jet ton easement em East 33 roadway purposes over and across the North 33 feet thereof and, subject to existing g y feet thereof and subject to a perpetual easement for ingress and egress across that part of Lot 8, Auditor's Subdivision No. 107, Anoka County, Minnesota described as follows: Beginning at a point on the North line of said Lot 8, distant 324 feet West rom1 the Nor thence n corner oesaidy Lot 8 ; point thence the southerly at a right angle to said North line 120 feet, thence westerly at right South line of the North 95 feet of said Lot 8 distant 660.3 feet East of the West line of said Lot 8; thence northerly and parallel to said West line 95 feet to the North line of said Lot 8; thence East to the point of beginning. The North Half of the North Half of the South Half of the Northeast Quarter of the Southeast Quarter of Section 31, Township 31 North, Range 22 West, Anoka County, Minnesota, now known as Lot 11, Auditor's Subdivision No. 107. AND That part of the Northeast Quarter of the Southeast Quarter of Section 31, Township 31, North, Range 22, that is described as follows: Commencing at the Northwest corner of said Northeast Quarter of the Southeast Quarter and proceeding thence East on the North line of said Northeast Quarter of the t, ante parallel to for a line of 264.3 feet and to the Quarter of the Southeast commencement herein: proceeding, thence Sou p 4•Quarter for a distance of 330.75 feet; proceeding thence East for a distance of 396 feet and in a straight line to a point 330.74 feet South from the North line of said Northeast Quarter es the Southeast hesaid North line; and proceeding to said on said line; and proceeding thence North and parallel to said North line to the point of commencement. No known as part of Lot 8, Auditor's Subdivision No. 107, according the map or plat thereof on file and of record in the office of the County Recorder in and for Anoka County. Minnesota. AND South hat t; of North half of Northeast Quarter of the Southeast Quarter Section 31, Township 3 I.North. R;uige 22. except the following described part thereof: Commencing at the Northwest corner of the Northeast Quarter of the Southeast Quarter. Section 31. Township 31, Range thence South along the West line thereof a distance of 330.75 feet which point is the actual beginning of this description; thence East pat'ailel with the North tine of said section a distance feet tarallet feet; 165.375 North parallel with the West line of said section; thence West 231.3 p along, the West line of the Northeast Quarter of the Southeast Quarter of said section a distance of 165.375 feet to the point of beginning. Subject to an easement over the West 33 feet thereof for public roadway purposes; and subject to the reservation of a right of way for purposes over the South 2 rods of the West 24 rods thereof, containing 9 acres more or less. Except • That part of Lot 10. Auditor's Subdivision No. 107, according that the included or plat hereof on files bed in land: Commencing office of the Register of Deeds in and for Anoka County, Minnesota, Commencing at the center line of the Highway adjoining said t Lot 10 on the We Highway where the North line osaid thence d. Lot (0. which line is also the North line of Lot 9, said line being extended, North line for a distance of 264.3 feet; and proceeding arallel to the North line aoflsaid the West line of 10 to the center Inhc,�of10 fd'I -lighw Highway; of 165.375 feet; and proceeding thence West and p and proceeding thence North on said center line to the point of commencement. This tract includes Lot 9, said Auditor's Subdivision, and this deed ts for the rposes of explaining possible ambiguity existing in the deed dated 15 December, 1951 and- filled record 15 December l ti page 271. CITY OF LINO LAKES RESOLUTION NO. 03-134 RESOLUTION APPROVING A PRELIMINARY PLAT/ PLANNED UNIT DEVELOPMENT PLAN AND THE ALLOCATION OF 21 ACRES OF MUSA RESERVE FOR RAVENS HOLLOW WHEREAS, the City has received applications for developing an area known as Ravens Hollow; and WHEREAS, the development requires approval of the allocation of Metropolitan Urban Service Area (MUSA) reserve and approval of a preliminary plat/planned unit development plan; and WHEREAS, a public hearing was held before the Planning & Zoning Board on July 9, 2003; and WHEREAS, the proposed MUSA allocation and preliminary plat/planned unit development plan meet the requirements of the City's Growth Management, Zoning and Subdivision Ordinances; and WHEREAS, the City Council approved Ordinance 17 -03 rezoning the site to Planned Unit Development for residential development; NOW, THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes hereby approves the allocation of 21 acres of MUSA reserve and the preliminary plat/planned unit development plan for Ravens Hollow with the following conditions: 1. Comments in the City Engineer memo of June 30, 2003 shall be addressed to his satisfaction. 2. If an area identification monument sign is planned, information specifying sign design, location, ownership, and maintenance must be submitted for City review with the final plat. 3. Right of way shall be dedicated to Anoka County for Hodgson Road to total 60 feet from centerline. The remaining land along the 208 feet of internal road shall be dedicated to the City for right of way, eliminating the 11' strip shown on the preliminary plat as part of Lot 1 Block 3. 4. A native seed mix shall be used in ponding and wetland areas. 5. A cul de sac shall be constructed with the greatest possible radius at the north end of the internal road on the west side of the project. 6. Park dedication shall be $93,240 less the agreed -upon value of a trail dedication along the northern edge of the site. This shall be clarified prior to final plat approval. • • Ravens Hollow page 13 7. The project is subject to approval by the Rice Creek Watershed District and all Watershed District requirements shall be met. 8. Existing onsite septic systems and wells shall be properly abandoned according to law. 9. Final plat shall not be approved until 2004, to be consistent with the growth management policy restriction on annual MUSA allocation. 10. A berm screen shall be included along Hodgson Rd. on Lot 1, Block 3. 11. Homeowner association documents shall be recorded at Anoka County with the final plat. 12. Right of entry shall be dedicated to Anoka County along Hodgson road on the final plat. 13. This resolution shall not be effective until the rezoning approved by Ordinance 17 -03 is in effect. 14. This approval is based on the following plans and information, and supporting documentation: Certificate of Survey, revised and received April 4, 2003 Preliminary Plat, August 11, 2003, received August 11, 2003 Preliminary Grading, Drainage, Erosion Plan, revised August 1, 2003, received August 11 Preliminary Utility Plan, revised August 11, 2003, received August 11 City Engineer Comments dated June 30, 2003 Public Services Director Comments (Park Board), April 17, 2003 Environmental Board Comments, March 31 and May 9, 2003 Passed by the Lino Lakes City Council this day of 2003. ATTEST: Ann Blair, City Clerk John J. Bergeson, Mayor oTKDA ENGINEERS • ARCHITECTS • PLANNERS MEMORANDUM To: James Studenski, City Engineer Reference: Ravens Hollow 1500 Piper Jaffray Plaza 444 Cedar Street Saint Paul, MN 55101 -2140 (651) 292-4400 (651) 292 -0083 Fax www.tkda.com Copies To: City of Lino Lakes, Minnesota From: Scott A. Brink, P.E. Date: June 30, 2003 Comm. No. 12701 -002 Routing: This proposed Ravens Hollow development was last reviewed in a memorandum dated March 26, 2003. The following review is based upon revised documents received as follows: 1. Preliminary Grading, Drainage, and Erosion Control Plan (Sheet 1 of 2), Ravens Hollow, KG Development, prepared by Glenn Rehbein Companies, dated February 21, 2003, and revised June 16, 2003. 2. Preliminary Plat of Ravens Hollow, prepared by Glenn Rehbein Companies, dated February 13, 2003, and revised June 16, 2003. 3. Preliminary Utility Plan (Sheet 1 of 3) dated February 13, 2003, and revised June 16, 2003. 4. Notes and Details Sheet (Sheet 2 of 2) dated January 20, 2003, and revised June 16, 2003. 5. Drainage Calculations dated June 16, 2003. The proposed Ravens Hollow project development consists of the construction of 56 single - family and 30 townhome lots, located between CSAH 49 and Ware Road at 62nd Street. The size of the property proposed for development is 22 acres, and is generally flat and undulating with combinations of pasture, woodland areas, and wetlands. Some existing single - family residences are located along CSAH 49. An existing bicycle trail also traverses just within and parallel to the north property line, connecting CSAH 49 to the intersection of Ware Road and 62nd Street. The following review comments are presented based on the information provided:. Comments - General 1. In the previous review, it was recommended that construction access to and from the site be confined to Ware Road, or from TH 49, to eliminate construction traffic on neighboring residential streets such as Linda Lane. A construction (and permanent) entrance from Ware Road is shown on the revised plan. 2. The proposed plans (including streets, utilities, and drainage) should consider future development of the property to the south as much as possible, as it is likely that future development will connect to at least some of the Ravens Hollow infrastructure. All proposed work shall be in conformance with the comprehensive plans of the City of Lino Lakes. It is required that a temporary cul -de -sac or turnaround feature be provided for the short dead end at the southwest part of the property. Existing An Employee Owned Company Promoting Affirmative Action and Equal Opportunity • • Ravens Hollow Review Page 2 June 30, 2003 City of Lino Lakes, Minnesota watermain pressures should also be reviewed to ascertain whether resulting dead -end lines will have adequate pressures and flow rates for domestic use as well as fire protection. 3. On all plans provided, the streets shown must be provided with names /identifications. Detailed review comments are difficult to reference without such identification. 4. The proposed development shows a connection to Ware Road at the southeast corner of the site. As mentioned in the previous review, the City was considering the possibility of this connection being temporary, pending further review of future development to the south of this property. Unless the City directs otherwise, it is recommended that the proposed connecting street at Ware Road remain in place. 5. The plan provides for the construction of the start of a frontage road alongside CSAH 49 at the southwest corner of the property. The proposed development plans will require further review, input, and approval of Anoka County. 6. A 70 foot wide U.P.A. Easement exists across the northern portion of the property. The size of the proposed lots bordering this easement should be reviewed further to verify that City requirements (including minimum lot depths) are met. In addition, a trail easement (north 30) feet should also be provided on the final plat if a trail easement has not already been dedicated. 7. The numbering of the utility and grading sheets needs clarification and revision. Of these plans, a total of three (3) sheets have been provided. The utility plan is identified as Sheet 1 of 3, the grading plan as Sheet 1 of 2, and the detail plan as Sheet 2 of 2. 8. A Wetland Delineation Report, prepared by Earth Science Associates, Inc., and dated November 2002, was previously provided as part of the earlier (March 26, 2003) submittal. This Report, along with the proposed Wetland Replacement Plan (including any subsequent revisions), shall be subject to review and approval of the City, and the approval of the Rice Creek Watershed District. 9. As part of the March 26, 2003 submittal, a Geotechnical Assessment (Geotechnical Engineering, Inc., February 19, 2003) was also provided. Based upon the results and opinion of the geotechnical engineer, the site does have some limitations with regard to suitability for construction, primarily in areas where the topsoil and fill are much deeper. In such areas where houses or infrastructure such as roads and utilities are proposed, unsuitable material would need to be removed and replaced and compacted accordingly. Groundwater levels naturally can fluctuate. Careful consideration of groundwater levels should be considered when proposing the type of housing unit to be constructed, such as a walk -out or full basement. 10. Any on -site wells not to be used in the future shall be formally abandoned in accordance with the laws of the State of Minnesota. Ravens Hollow Review Page 3 June 30, 2003 • City of Lino Lakes, Minnesota 111 • Grading, Drainage, and Erosion Control Plan and Drainage Calculations The following comments are provided as part of our review of the grading and drainage: 1. The grading note "Silt fence to be maintained during grading" shall read "Silt fence to be maintained until approved removal by City Engineer." 2. The grading note "Adhere to minimum opening or basement elevation for each lot" shall read "Adhere to minimum opening and basement elevation for each lot." 3. The grading note "Ponds and wetlands may be ... -soil source & material to approved by City Engineer" shall read "Ponds and wetlands may be ... -soil source & material to be approved by City Engineer." 4. The grading note "Developer shall use Tufturf..." shall read "Developer shall use Tuffturf or equivalent..." 5. A storm manhole must be added between STMH -20A and FES -21, so that FES -21 can be aligned 90 degrees to the wetland edge. In addition, it appears that there is a conflict between the two storm sewer lines at this location. A review of the storm sewer design at this location is therefore recommended. 6. In addition to the typical single - family lot detail showing perimeter drainage and utility easements, the easements should also be shown on the plat itself for all lots. In addition, it is strongly recommended that the City require a wider side lot easement (10 feet rather than 5 feet) where the proposed storm sewer is planned. Drainage and utility easements shall also be shown on the plat over all storm sewers not in public right -of -way or pond drainage easements. 7. Existing and proposed 100 -year flood elevations must be submitted for the wetlands. The proposed flood elevation shall be shown on the Grading Plan. 8. Existing and proposed curve numbers are acceptable. 9. Supporting computations are needed for all "Direct Entry" Time of Concentration values. 10. Pond P1 is modeled as twin 12 -inch pipes, but the grading plan only shows one 15 -inch pipe. 11. Storm sewer computations must be submitted. 12. Approval from Rice Creek Watershed District (RCWD) is required. As part of the March 2003 submittal, a permit application and plans were reviewed by the RCWD. At that time, the RCWD had issued a conditional approval pending receipt of changes and outstanding items further described in Permit Application No. 03 -019. The application also contained terms and conditions regarding a Wetland Replacement Plan. An updated review and approval by the RCWD based on the most recent plan set must be provided. Ravens Hollow Review Page 4 June 30, 2003 •City of Lino Lakes, Minnesota 13. All drainage from this site falls within the drainage area of Baldwin Lake in accordance with the City's Surface Water Management Plan. The majority of the site's drainage is proposed to flow to the southeast part of the site, and into a wetland that extends into the property to the south. The 100 -year elevation of the wetland, as well as the 100 -year elevations proposed for the development site ponding, must clearly be shown to assure that water does not exceed or overtop Ware Road. All emergency overflow locations and elevations must also be clearly shown to assure that proposed housing elevations are safely above projected flood levels. 14. The proposed pond along Ware Road (at the rear of Lots 3, 4, and 5) appears to discharge to a Wetland along Ware Road. The wetland outlet and emergency overflows are not defined or identified on the plan. 15. It is assumed that the legend and grading notes on Sheet 2 correspond to Sheet 1. As part of standard practice, such notes are typically provided on the same sheet. It is suggested the notes either be shown on Sheet 1, or referenced accordingly. 16. Sheet 1 is very cluttered with numbers and details over much of the plan (too close to each other or • on top of each other), thus making it difficult to fully review. The plan must be cleaned up in order to be acceptable. 17. A 2.0 -foot minimum cover over all storm sewer pipe is required. 18. The following notes must be added or revised as follows: • A note shall be added, stating that any fill material, topsoil, or soils imported to the site must be approved by the City Engineer. The source of the material must also be provided to the City Engineer. • An additional note must be added stating that all permit requirements of the RCWD must be adhered to. • All grading shall be confined to the property. No additional runoff from the site shall enter upon neighboring properties. If grading requires any work into the adjoining property, the Contractor shall be responsible for attaining authorization as needed. • The proposed backyard draining of many of the house units, particularly along the north, south, and west sides of the property must be addressed further to assure that additional drainage is not being added to neighboring properties. Utility Plan 1. The plan proposes connecting an 8 -inch water pipe to an existing 12 -inch line at Linda Lane. Further review by the City should be conducted to verify that further extension of the 12 -inch size into or through the property is not needed. Ravens Hollow Review Page 5 June 30, 2003 • City of Lino Lakes, Minnesota 2. The plan proposes connecting an existing 8 -inch diameter sanitary sewer at Linda Lane. Further review is being conducted to verify that sewer extensions proposed are in conformance with the City's Comprehensive Plan. 3. Sanitary sewer should be placed at the centerline of the street with the water offset 10 -feet. The 10- foot offset must be clearly labeled on the plan. 4. The utility plan is labeled as Sheet 1 of 3. This needs to be clarified or revised (see General Comments). 5. No individual water or sewer services are shown on the plans. All services, including references to City standards for service pipe and appurtenances, must be provided. 6. Applicable City of Lino Lakes standard plates for all sanitary sewer, water, and storm sewer fixtures (i.e., valves, manholes, hydrants, etc.) must be provided on a separate detail sheet. Preliminary Plat 1. The preliminary plat will require review by Anoka County. 2. A future connection between Ware Road and CSAH 49 at this location does not appear to be present per the City's long range plans, but should be verified. In the event a future connection at this location is desired, appropriate dedications should be provided on the preliminary plat as needed. This could include an extension of 62nd Street or connecting to CSAH 49 at the southwest corner of the site. 3. Drainage and wetland easements will be required to cover all wetland and ponding areas as proposed. The preliminary plat appears to address this item. 4. A typical detail is provided on the preliminary plat, showing a typical configuration for drainage and utility easements for each lot. This is acceptable, however, the easement lines should also be shown on the plat itself over all properties. 5. A trail easement shall be dedicated across the northerly 30 feet of the property. • Lino Lakes Public Services Department 600 Town Center Parkway Lino Lakes, MN 55014 (651) 982 -2440 Fax (651) 982 -2439 April 17, 2003 TO: Jeff Smyser, City Planner J/ FROM: Rick DeGardner, Public Services Director SUBJECT: Ravens Hollow Preliminary Plat The Park Board reviewed the Preliminary Plat for Ravens Hollow at the April 7, 2003 Park Board Meeting. Mr. Rocky Goertz, Developer, was present to discuss the plat and respond to member's questions. After a lengthy discussion it was the consensus of the Park Board to accept 100% cash dedication for the park dedication fee. The Park Board also determined a trail connecting the existing trail along the southern edge of Fox Trace to the northwesterly road of Ravens Hollow be considered. If you have any questions or need additional information please contact me at 651 982 -2444. sw /rick/Ravens Hollow Preliminary Plat — Smyser Memo.doc • • Memorandum To: Michael Grochala CC: Jeff Smyser From: Marty Asleson Date: March 31, 2003 Re: The following comment and recommendations were made at the March 28, 2003 Environmental Board Meeting: Environmental Board Comment: The Environmental Board endorses this project because the developer is willing to preserve open space, even though it falls short of the Environmental Board goals of conservation development. The Environmental Board endorses this development because of the developers willingness and commitment to preserve as much open space as possible without the high density normally required for these projects in this zoning district. Environmental Board Recommendations: 1. An attempt should be made to round -off or soften the edges of preservation areas, in order to make them appear more natural. 2. Preserve as many significant trees as possible. Developer should work with the City Forester to accomplish this. 3. There should be restrictions in Homeowner Association By -laws restricting the removal of vegetation in preservation areas. 4. Ravens Hollow should be spelled Ravens' or Raven's Hollow. 5. Staff Recommendations should be followed. 1 • April 2, 2003 Staff Recommendations: 1. Care should be taken to allow normal surface -water flow to the flood plain area, South and East of the development. 2. Engineers should confirm there is adequate separation between the bottom of ponds and infiltration areas, and post - development seasonally high ground water tables. 3. Maintenance access should be provided to all preservation and infiltration areas proposed. 4. Developer will be responsible for the control of all tree diseases in this development. This area was controlled for oak wilt in the fall of 2002. 5. No soil disturbance shall occur in this development until a tree preservation plan has been developed, approved by the City, and implemented by the developer. • 6. All surface -water treatment areas should be protected from compaction by fencing after initial shaping. 7. The Cities native mix should be used in all infiltration and surface -water treatment areas. This seed mix can be applied immediately with traditional quick -start soil - stabilization seed mix. 8. No soils should be exported or imported on this project with out approvals from the City. 9. The developer would provide escrow dollars for one 2 to 2.5 inch boulevard tree per lot frontage. Motion by O'Dea, second by Haien to recommend approval of Ravens Hollow with above recommendations of Staff and Environmental Board. All were in favor. Motion passed. • 2 May 9, 2003 Environmental Staff Recommendations /Discount Tires 1. All surface water issues for Discount Tire Company must be verified to be in conformance with previously approved plans for Market Place. A trail on the North side of the property is not indicated on the plan. Landscaping is shown over this area• Landscaping to Lower profile and visibility issues for both pedes trians materials need to be considered for this area. (Or provide a clumping of the in -line dogwoods along Lake Drive, leaving periodic openings) Landscaping should conform to the trees original intent the original plan. Pla All Proposed landscaping shows three less areas for Junipers proposed adjacent to streets and within nd Isaltgtolerant, turn The e should cars should be lower profile (2 -3 feet high) be more shade trees planted along Market Place Drive. All proposed sodded areas must be irrigated. toned products nc'ons consistent for other should be mulched with organic, earth-toned Market Place Areas. Some of the lighting fixtures proposed for Discount Tire are inconsistent with City standards. Motion to approve, motion passed with all in favor. Ravens Hollow Motion to approve based on last months Environmental Board recommendation. Motion passed with all in favor. 2 Erm.;;;B p k CIF 6A I%10,a' ;r� Vii: m�ssa�oo " a oea�o�!ao ®Oa' 7: Nen�br� prnnnncnnenEENE. 1 441 ',It saam�� o °r .' ='ennt,mnonnx acne® �,.L. .. �pOs �e� sQ�ola�1 0000; o 4 �m @ate= 111Ima minO ANOKA COUNTY VEY'R DRAWN REVISED REV. REV. REV. REV. REV. SEP. 1974 REVISED JAN. 1987 NOV.1978 REV. MAY 1988 MAR.1980 REV. AUG. 1989 SEP. 1981 REV. FEB. 1991 DEC.1982 REV. FEB. 1992 JULY1985 REV. FEB. 1993 DEC. 1985 REV. MAY 1994 SCALE I "= 1 500' REVISED REV. REV, REV. REV. REV. REV. REV. 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MEETING DATE: TOPIC: VOTE REQUIRED: BACKGROUND AGENDA ITEM 7 E Jeff Smyser August 25, 2003 Resolution 03 -136 Approving Comprehensive Plan Amendment: Northeast Corner of Lake Drive and Aqua Lane 4/5 Hokanson Development has submitted a request for a comprehensive plan amendment. The subject site is approximately four acres of property at the northeast corner of Lake Drive and Aqua Lane, adjacent to the existing Marshan Lake Townhomes. The request is to change the land use category from Medium Density Residential to High Density Residential. This would be consistent with the adjacent development. A comprehensive plan amendment requires a 4/5 vote. ANALYSIS Land Use, Density, Zoning The site is within the existing MUSA and within a Stage 1 growth area. The table below identifies the existing land use, guided land use, and zoning for the area. Location Existing Land Use Guided Land Use Existing Zoning Site Single Family Home and Vacant Medium Density Residential R -4 High Density Residential North Marshan Lake Townhomes Medium Density Residential R -4 High Density Residential South commercial (Automotive Refinish Technol.) Performance Land Use R -1, Single Family Residential East Marshan Lake Townhomes Medium Density Residential R -4 High Density Residential West Lake Drive, Wenzel Farm townhomes Medium Density Residential R -3 Medium Density PDO • • • Aqua Lane Comprehensive Plan Amendment page 2 Existing Adjacent Density: The Marshan Lake Townhomes were approved in 1995, with the second phase approved in 1996. The City began work on a new comprehensive plan in 1996 -97. The future land use map in the comprehensive plan was created as part of the planning process. The comprehensive plan was approved by the City Council in 2002. The entire Marshan Lake Townhomes site and the remaining four -acres along Lake Drive is guided Medium Density Residential. This allows a density of 3 -6 units per acre. However, the existing condominium townhomes were built at a density greater than six units per acre, in accordance with the approved site plans. That is, the land use map shows the development at a lower density than how it was actually approved and built. It is impossible to know exactly what caused this inconsistency, but several things may account for it. One, the method of calculating density has varied from project to project over the past years. Two, acreage data in the review of phase two of the Townhomes project seems to vary from data used in phase one. These differences in the data may have resulted in density calculations that were slightly above or slightly below six units per acre. Three, a structure was deleted from the plan somewhere in the 1995 review process: a four -unit building straddled the property line on the site plan. This further confuses the data for that project. At any rate, using upland data only and subtracting the parkland, the Marshan Lake Townhomes project includes 134 units on 20.9 acres: 6.4 units per acre. This falls into the High Density Residential land use category of the comprehensive plan. Current R -4 High Density Zoning: The site is zoned R -4, High Density Residential. One important aspect of the recent zoning ordinance overhaul was to specify the zoning districts that correspond with the land use categories in the comprehensive plan. Section 6, Subd. 6.C. of the zoning ordinance states: Land to be zoned R -4 must be in a High Density land use category according to the comprehensive plan, and development density within an R -4 District shall be within a range of six (6) to twelve (12) units per acre and shall be based on the buildable area. The current R -4 zoning is not consistent with the current Medium Density classification in the comprehensive plan. Such inconsistencies should be corrected by amending either the zoning or the comprehensive plan. Since the surrounding land is already developed at high density (6.4 units /acre) and according to R -4 zoning, it seems reasonable to amend the comprehensive plan. Future Site Development It is important to note that there is no actual development application yet. The R -4 zoning requirements as well as the shoreland ordinance requirements will apply. Setbacks, impervious surface, and other requirements will affect the number of units. • • Aqua Lane Comprehensive Plan Amendment page 3 Until the City receives a site development application in the future, there is no way to know what site layout or actual density is possible under current regulations. A concept plan shows 38 units planned for the four -acre site, which would be 9.5 units per acre. This may or may not be realistic. Other aspects of site design also will be examined upon reception of a site plan application. (For example, the existing private drive serving units north of the site appears to be centered on the property line.) Any application that involves platting, variances, or conditional use permits will require public review. Subdividing the land for buildings on individual lots would require a plat. Building more than one principal building on one lot requires a planned unit development, which would require a conditional use permit under the new ordinance. Therefore, either of these options will require a public hearing. Approval of the comprehensive plan amendment in no way gives any explicit or implicit approval of any site plan or development application. Development of the site will require application for the approval of such things as a plat, site plan and building plan, conditional use permit, and any other approval that applies. Submittal to Metropolitan Council Under state law, a comprehensive plan amendment requires submittal to the Metropolitan Council. The City approval of the amendment will be contingent upon Met Council approval. PLANNING & ZONING BOARD RECOMMENDATION The P & Z recommended denial of the application. The reasoning is that the Medium Density classification allows up to six units per acre. If the four -acre site is developed at six units per acre, it will be very close to the existing development: the adjacent Marshan Condominium townhomes were built at 6.4 u/a. SUMMARY Staff recognizes the P & Z Board's recommendation. However, the inconsistency between the current zoning and the land use classification should be resolved. In summary, the salient facts are: • The existing adjacent development of 134 condominium/townhome units was built at 6.4 units per acre: a density that falls in the High Density category. However, the comprehensive plan guides it Medium Density. • • Aqua Lane Comprehensive Plan Amendment page 4 • The current Medium Density classification does not allow the four -acre site to be developed at a density consistent with the adjacent neighborhood. • The site is zoned R -4, which is intended to be in the High Density land use category. • Approval of the comprehensive plan amendment does not imply any project approval. For these reasons, staff recommends approval of the comprehensive plan amendment. OPTIONS 1. Approve Resolution 03 -136 amending the comprehensive plan to change the land use category from Medium Density to High Density, and authorize submitting the amendment to the Metropolitan Council. 2. Return to staff with direction. RECOMMENDATION Option 1 • • CITY OF LINO LAKES RESOLUTION NO. 03-136 APPROVING AMENDMENT OF THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE CLASSIFICATION FROM MEDIUM DENSITY RESIDENTIAL TO HIGH DENSITY RESIDENTIAL FOR LAND AT THE NORTHEAST CORNER OF LAKE DRIVE AND AQUA LANE WHEREAS, the City has received an application to amend the comprehensive plan by changing the land use classification for property at the northeast corner of Lake Drive and Aqua Lane; and WHEREAS, the subject site consists of approximately four acres between Lake Drive, Aqua Lane, and Common Interest Community No. 27; and WHEREAS, the comprehensive plan future land use map classifies the four -acre site in question as Medium Density; and WHEREAS, the comprehensive plan future land use map classifies the existing adjacent development Medium Density even though the 134 condominium/townhome units in C.I.C. No. 27 were built at 6.4 units per acre: a density that falls in the High Density category; and WHEREAS, the Medium Density classification does not allow the four -acre site to be developed at a density consistent with the adjacent neighborhood; and WHEREAS, the site is zoned R -4, which is intended to be in the High Density land use category; and WHEREAS, the City has not received any application for a site and building plan, preliminary plat, or any other development project; and WHEREAS, approval of the comprehensive plan amendment does not imply any approval of any development project; and WHEREAS, a comprehensive plan amendment requires approval of the of Metropolitan Council; and WHEREAS, a public hearing was held before the Planning & Zoning Board on August 13, 2003; S NOW, THEREFORE, BE IT RESOLVED that the Lino Lakes City Council hereby approves an amendment of the future land use map in the comprehensive plan to change • the classification of the four -acre site from Medium Density Residential to High Density Residential. BE IT FURTHER RESOLVED that the comprehensive plan amendment shall be submitted to the Metropolitan Council for review and that the City's approval of the amendment is contingent upon approval by the Metropolitan Council. BE IT FURTHER RESOLVED that the City Council intends that approval of the comprehensive plan amendment does not imply approval of any development project application. Adopted by the Lino Lakes City Council this day of , 2003 ATTEST: Ann Blair, City Clerk John J. Bergeson, Mayor J 2 8 9 10 R EHABILITATIOf' CENTER 3 13 —STREET POLLO a A „ „� MEADOWS 2 ro NKOMES 3 S THE CHURCH OF IST. JOSEPH N tu W 20 MARSHAN LAKE — ELM —STREET — 3 2 3 'JLME 1 JND 400. RICE LAKE RESHAN Q..nw` B • • PROPOSED LAND USE PLAN LINO LAKES COMPREHENSIVE PLAN Public /Semi- Public 4Hh,iIIIJ, feint AIN ilk 14# Low Density Sewered Residential 41111111 IMINNiir (I/Pr allIMPErt Low Density Sewered Residential P.W:01*. .4711411111r" Aftristr MN" iimiTypr /mummy Are,44-11 IMF -Ararior bitr LW, • • STAFF ORIGINATOR: C.C. MEETING DATE: TOPIC: AGENDA ITEM 7F Tanda Gretz August 25, 2003 Resolution No. 03 -133 Variance from the 100' setback requirement for accessory buildings placed closer to the front lot line than a principle building (Rural zone) George /Lynn Fernstrom, 6340 Red Maple Lane ACTION REQUIRED: 3/5 vote BACKGROUND George and Lynn Fernstrom own a home with an attached garage on property located at 6340 Red Maple Lane. Mr. Fernstrom would like to construct a second, detached garage, but such a proposed garage would have to be sited in front of the home due to placement of a septic system. The Lino Lakes Zoning Ordinance allows for such placement of accessory buildings in the Rural zone, but stipulates that they should be set back from the street right -of -way at least 100 feet (Section 3, subd. 4.D.1.c). The proposed garage could only accommodate a setback of 58 feet, however, due to the location of the septic system, and so the applicants are requesting a variance. This report is based on the following exhibits: 1.) General site location map. 2 -4. Elevation sketches of proposed garage 5 -6.) Septic location information 7.) Certifificate of Survey • City Council August 25, 2003 Fernstrom Variance ANALYSIS Land Use & Zoning The following chart describes the land use and zoning for the subject site, as well as surrounding properties. Location Guided Land Use Existing Zoning Site Low Density, Unsewered Residential Rural West " CC North `L " East `C South " Setbacks The proposed garage will be sited closer to the street right -of -way than the home. Such placement of accessory buildings is allowed in the rural zone, provided a setback of at least 100 feet from the right -of -way can be achieved (Section 3, subd. 4.D.1.c). However, achieving a 100' setback for the proposed garage is not possible, due to placement of a septic system, which was installed in its present location about a year ago based on the recommendation of the septic system designer (Exhibits 5 & 6). The furthest the proposed garage could be sited would be 58' from the right -of -way. The existing garage is 79' from the right -of -way. Other possible locations for the garage — such as directly to the rear of the home - do not seem functionally practical, as there does not appear to be room between the edge of the septic system and the existing garage (approx. 8 -12') to accommodate a driveway, and such a driveway would end up crossing septic pipes. Alternatively, placing a garage on the opposite side of the property from the existing garage is also problematic due to the location of an existing pond and the necessity of constructing a second driveway. Accessory Building Requirements The subject lot is just under 1 -1/4 acres in size. As such, the property is allowed a total of one attached garage and one detached accessory structure, and an overall total of 1,200 square feet of accessory building space. The proposed garage would meet these requirements in terms of number of accessory buildings, as the applicant reports the existing attached garage is currently the only accessory building on the property. In terms of square footage, the footprint of the proposed garage is 22' x 28' or a total of 616 square feet (the Certificate of Survey shows this as 20' x 28', which is incorrect). • • City Council August 25, 2003 Fernstrom Variance This square footage, added to the existing 24' x 24' garage, totals 1,192 square feet. This is within the 1,200 sq.ft. maximum set by City ordinance. 616 = lower level of proposed garage (22' x 28') + 576 = existing garage (24' x 24') 1192 total square feet The proposed garage will have a 385 sq.ft. (22' x 17 -1/2') loft area, but City building inspectors report that such upper areas have not traditionally been counted when figuring accessory square footage totals. The garage meets other zoning requirements: it is 20 feet in height and thus meets height requirements, and although the siding is vertically oriented, the applicant reports that it is a non - metalic, lap siding and is thus not in violation of the prohibition against metal sheet/panel siding on accessory buildings for a property of this size. FINDINGS OF FACT FOR A VARIANCE Variances are driven by issues of hardship. In considering all requests for Variance, and in taking subsequent action, the City shall thus make a fording of fact on the following five issues of hardship: 1. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. Comment: a second garage cannot be sited in any area near the existing garage without a variance, since the location of the septic system prevents its placement in a location that would meet ordinance requirements. 2. That the plight of the landowners is due to physical circumstances unique to his property and not created by the landowner. Comment: the septic system location poses a physical circumstance /situation that precludes siting the garage in a location that would meet ordinance requirements. 3. That the hardship is not due to economic considerations alone and when a reasonable use for the property exists under the terms of the ordinance. Comment: hardship is demonstrated by the location of the septic system, which precludes the homeowner from siting a second garage in reasonable location near the existing garage.. City Council August 25, 2003 Fernstrom Variance 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. Comment: since there is a demonstrable issue of hardship, there would not be any special privilege conferred 5. That the proposed actions will be in keeping with the spirit and intent of the ordinance. Comment: variances can be granted, while at the same time upholding the spirit of the ordinance, when hardship can be demonstrated. CONCLUSION The issue of hardship drives all requests for variances. Hardship can be demonstrated in this instance by the location of the septic system. The septic mound precludes the proposed garage from being sited in an area that would satisfy ordinance requirements. In this way, hardship can be demonstrated and staff would recommend approval of the requested variance. PLANNING & ZONING BOARD The above report was presented at the August 13th meeting of the Planning & Zoning Board. After consideration of the issues, the board voted to approve the proposed variance. OPTIONS 1.) Approve the proposed Variance. 2.) Deny the proposed Variance. 3.) Return to staff with direction. RECOMMENDATION Option #1 • • • • CITY OF LINO LAKES RESOLUTION NO. 03-133 APPROVING A VARIANCE FROM THE 100 -FOOT STREET SETBACK REQUIREMENT FOR ACCESSORY BUILDINGS PLACED CLOSER TO THE FRONT LOT LINE THAN A PRINCIPLE BUILDING (IN THE RURAL ZONE) WHEREAS, the City has received an application for a Variance requesting that a detached accessory building be sited closer to the front lot line than the principle structure, for property located at 6340 Red Maple Lane (which is in a Rural zone), and WHEREAS, the City's zoning ordinance, in Section 3, subd. 4.D.1.c., requires that such a detached accessory building must be set back at least 100 feet from the street right -of- way when located in a Rural zone, and WHEREAS, hardship can be demonstrated in this case by the presence of a mound septic system which precludes the proposed accessory building from meeting the required 100 - foot setback, NOW, THEREFORE BE IT RESOLVED THAT the Lino Lakes City Council approves the proposed Variance, as described in the attached staff report, dated August 25, 2003. Adopted by the Lino Lakes City Council this 25th day of August, 2003. ATTEST: Ann Blair, City Clerk John J. Bergeson, Mayor ;44 RESHANAU EXHIBIT # azi 14:4 44f4txr#PItert; 441,,44Elefiiinar , AMIE 44 4P ifillAr 41re, BIRCH STREET 22°4- 4.4b ANOKA COUNTY 4:61111 'roll mrt 'N111. na inxifiCIME: --Ern Pi Is.:*°'' 704 ti ts a -MID 't iii , ‘41:BIE! rigiik10-.1,441 inur ok,0* ii4,4-,,i 41.°014i Pi NRAISAin 1-ILA, nib tin 6kartlilat m . Emit .6 11230s laaciRguls as :e is t.s2 .L.3° .00... vir---1,-- rh, pit i' A 0O 4 tj uswIllIti--- .4, !` ...4 e` 3 , I NIP ticalhili c map 0 IngsE gra E *MAI ,131-0_,i 33 toL.5 INCH CT. .00 _ 3. 25 11 EXHIBIT # - • • 8 do' 4, EXHIBIT # 3 • EXHIBIT # •.1 SKETCH PLAN * * * * * * * * * * * * ** Please 1. l as complete as possible. Inclu s e all of the items listed below where pplicab EXHIBIT # Scale / orth Arrow Structur . on Side Lot Setback Road Setback Septic Tank Location C t CK LIST ** * * * * * * ** Drai •. ield Location $ . tion of All Wells and Depths Within 100 ft. of Tank and Drainfield 0 S etback fa: m 4M M a ion o res ater Line ,Location of Wetland Areas • ea n4. • EXHIBIT # (� ELEVATED SEPTIC SYSTEM DESIGN *** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Location: Lynn Fernstrom, Lot 1, Block 3, Colonial Woods, City of Lino Lakes, Anoka Co. Percolation Average: 2 mpi Type of Residence: ® I ❑ II ❑ III D W Number of Bedrooms: 4 Maximum GPD Water Usage: 600 Depth to Mottled Soil: 6 -20" Depth to Watertable: 2'+ Depth of Clean Sand Under Rock Bed: 24" Length of Basal Area: 50' Width Basal Area: 20' Total Square Feet of Treatment Area: 500 Length of Treatment Area: 50' s Width of Treatment Area: 10' Desired Slope of Basal Area: 4:1 Type of Distribution: pressure Septic Tank Number & Size: 1250 gallon(check existing tank for size & integrity - replace if necessary)' Lift Tank Size — (With Alarm): 1000 gallon Depth of Filter Rock Below Pipe: 9" Depth of Filter Rock Above Pipe: 2" Type of Cover Over Filter Rock: fabric Pump Size: 29gpm/15'hd. Pipe Size in Treatment Area: 1.5" Distance & Depth to All Wells Within 100 ft 50'+ to deep well Distance to Lake or Stream: NA Use of a Garbage Disposal or Hot Tub: ❑(Y) ® (N) Special Conditions: Keep the system in the area near B -5, B -6, and Designed by: Chris Zierke MPCA Certification # 00998 Lic.# 119 Signed: • • CERTIFICATE OF SURVEY FOR LYNN F E R N S T R O M (MEASUREMENTS SHOWN IN FEET AND DECIMALS OF A FOOT) I HEREBY CERTIFY THAT THIS SURVEY. PLAN OR REPORT WAS PREPARED BY OE OR UNDER MY DIRECT SUPERVISION AND THAT I AID A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF TfJfr ST9TE OF INNES A. Randy L. Kurth. L.L.S. No. 20270 Russell J. Kurth. L.L.S. No. 16113 KURTH SURVEYING, INC. 4002 ,EFFERSON ST. NE. COLUMBIA If)GHTS, MN 55421 SEE-MAIL: KURTHSURVEYOAOL.COM 602 - To L LoT ACCuA = Lts, Llto -` SG2, PT \.04 Ac-. — tic) 4GMGK 5 DGb C.P,"C ? oN 'TN6 \.-C+T \k-k. `f- VuAi oC '`CoLt>NIAL v.taopS;' ^1D pE■t0&LATc t 'i.4 LAt'A 5. 09'k "M LoT - No VV5V6t -e GNC-RoAC-ktieNT S. d' d▪ l 0 0 0 S 89 °18'18 "E 0 30 SCALE IN FEET 231.00 DATE 8 0 �✓ • •IRON MONUMENT FOUND k MARKED WITH LLS. #3527 16cAg.1 N(61 , c�rP.pt_a's BITUMINOUS CURBS 111.00 N 89 °18'18 "W RED MAPLE LANE t/) LOT 1. BLOCK 3. COLONIAL WOODS. ANOKA COUNTY. MINNESOTA . AGENDA ITEM 7G STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: August 25, 2003 TOPIC: Resolution No. 03 - 138, Approving Plans and Specifications and Authorizing Advertisement for Bids, Century Trail Lift Station Vote Required: Simple Majority BACKGROUND: As the City utility service areas expand, the City must install infrastructure to allow for future growth. The area of the Century Farm North subdivision will require a sanitary sewer lift station to service the development and the surrounding area. The Century Trail Lift Station will be funded through the developer and through city trunk funds. • The City Council accepted a feasibility study for the construction of the lift station at the May 12, 2003 meeting and ordered plans and specifications at the May 27, 2003 meeting. Preparation of the plans is substantially complete. City staff has prepared the plans and specifications for this work and is requesting Council approval to advertise for bids. • The schedule for this project is as follows: City Council Approves Plans and Specifications City Council Authorizes Ad for Bids City Council Awards Contract Construction Begins August 25, 2003 August 25, 2003 October 13, 2003 October, 2003 OPTIONS: 1. Return to staff for further review. 2. Adopt Resolution Number 03 - 138, approving plans and specifications and authorizing advertisement for bids, Century Trail Lift Station. 3. Not adopt Resolution Number 03 — 138. RECOMMENDATION: Option No. 2 - Staff recommends that Resolution Number 03 — 138 be adopted. • CITY OF LINO LAKES RESOLUTION NO. 03-138 RESOLUTION APPROVING PREPARATION OF PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS - CENTURY TRAIL LIFT STATION. WHEREAS, the City Engineer has prepared plans and specifications for the Century Trail Lift Station project, and has presented such plans and specifications to the Council for approval; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made part hereof, are hereby approved. 2. The City clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids for the making of such improvement under such approved plans and specifications. The advertisement shall be • published for 3 weeks, shall specify the work to be done, shall state that bids will be received by the Clerk, at which time they will be publicly opened in the City Hall by the City Clerk and Engineer, will then be tabulated, and will be considered by the Council, in the Council Chambers of the City Hall. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for five (5) percent of the amount of such bid. • Adopted by the Lino Lakes City Council this 25th day of August, 2003. Ann J. Blair, City Clerk John J. Bergeson, Mayor