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HomeMy WebLinkAbout09/08/2003 Council PacketWORK SESSION AGENDA • CITY OF LINO LAKES Wednesday September 3, 2003 Linda Waite Smith's Farewell - Cake and Refreshments 4:30pm CITY COUNCIL WORK SESSION Community Room (not televised) 5:30 P.M. 1. 2004 Budget Discussion, Al Rolek 5:30pm 2. Hailey Manor Residential Subdivision, Jeff Smyser, Jim Studenski 6:OOpm 3. 2004 -2005 Street Reconstruction Referendum, Michael Grochala, Jim Studenski 6:30pm 4. Tax Increment Financing District 1 -10, Michael Grochala, Mary Alice Divine 7:OOpm 5. Miller's Crossroads (Bruggeman Development), Jeff Smyser 7:30pm 6. Mountain Machine, Michael Grochala, Mary Alice Divine 8:00 pm 7. Regular Agenda Items 8:15 pm -- Approval of minutes of August 6, 2003 Council Work Session 8. Council Rules and Responsibilities, Jeff O'Donnell 8:30 p.m. 9. Discuss: September 17, 2003 Schedule December Meeting Schedule Special Meeting to Discuss Council's Roles and Responsibilities 10. Adjourn Revised 09/03/03 dlb 9:27 a.m. • PAGE 1 • • AGENDA CITY OF LINO LAKES Monday, September 8, 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) September 8, 2003 (Check No. 68988 through 69083 in the amount of $125,234.64). ii) Centennial Fire District (Check No. 13931 through 13945 in the amount of $10,546.72). B) Consider Resolution No. 03 -114 Approving Application for Temporary On -Sale Liquor License, Lino Lakes Lions Club (follow on Friday) C) Consider Approving Block Party Application for Rice Lake Estates (to follow on Friday) 2. Open Mike 3. Finance Department Report, Al Rolek A) Consider Resolution No. 03 -145, Adopting Proposed Budget B) Consider Resolution No. 03 -146, Adopting Preliminary Levy C) Consider Resolution No. 03 -147, Setting Truth -in- Taxation Hearing Date 4. Administration Department Report, Dan Tesch None. • • • AGENDA 5. Public Safety Department Report, Dave Pecchia None. 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 -140, Amending the 2002 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, MUSA Allocation and Variance for Lot Depth. B) Crystal Cove, Jeff Smyser i. Consider First Reading, Ordinance No. 18 -03, Rezoning From R -1 to R -2 ii. Consideration of Resolution No. 03 -141, Preliminary Plat and Variances for Lot Depth, Lot Width, Lot Area C) Miller's Crossroads, Bruggeman Development, Jeff Smyser i. Consider First Reading, Ordinance No. 19 -03, Rezoning from R -3 to LB ii. Consider First Reading, Ordinance No. 20 -03, Rezoning from R -1 and R -3 to R -3 PUD iii. Consideration of Resolution 03 -142, Preliminary Plat/PUD Development Plan iv. Consideration of Resolution 03 -143, Conditional Use Permit for Daycare in LB zone D) Consideration of Resolution No. 03 -151, Approving Conditional Use Permit, Automobile and Truck Repair, JADT Development, Michael Grochala E) Consider Second Reading, Ordinance No. 17 -03, Rezoning to Planned Unit Development, Ravens Hollow, Jeff Smyser • • AGENDA F) Consideration of Resolution No. 03 -144, Extending Site and Building Plan/CUP Approval, Benkler Car Wash, Jeff Smyser G) Consideration of Resolution No. 03 -148, Extending Site and Building Plan/CUP Approval, Russian Baptist Church, Jeff Smyser H) Consideration of Resolution No. 03 -152, Accepting Street and Drainage and Utility Easements, Lino Lakes Market Place, Michael Grochala I) Consideration of Resolution No. 03 -149 Declaring Costs to be Assessed, 21st Avenue Street and Storm Sewer Improvements, Jim Studenski J) Consideration of Resolution No. 03 -150 Calling for Hearing on Proposed Assessments, 21st Avenue Street and Storm Sewer Improvements, Jim Studenski K) Consideration of Resolution No. 03 -153, Authorizing Referendum for 2004 -2005 Street Reconstruction Projects, Michael Grochala (To follow on Friday) 8. Unfinished Business A) Approval of minutes of August 6, 2003 Council Work Session 9. New Business A) Approval of minutes of August 11, 2003 City Council Meeting B) Approval of minutes of August 13, 2003 Budget Work Session C) Approval of minutes of August 20, 2003 Council Work Session 10. Community Calendar, September 9, 2003 through September 22, 2003: A) Environmental Board Meeting, Wednesday, September 10, 2003, 6:30 p.m. B) Planning & Zoning Board Meeting, Wednesday September 10, 2003, 6:30 p.m. C) Council Work Session, Wednesday, September 17, 2003, 5:30 p.m. D) Countywide Legislative Meeting, Wednesday, September 17, 2003 in the Community Room following Council Work Session. City Council Meeting, Monday, September 22, 2003, 6:30 p.m. • • • 11. Adjourn Revised 09/03/03 ajb 1:36 p.m. AGENDA Page 4 • EXPENDITURES SEPTEMBER 8, 2003 • • Date: 08/21/2003 Time: 13:52:03 City of Lino Lakes FM Entry - Invoice Journal *es: Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 3367 - 3367 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Operator: JAL Page: 1 Options: Detail / Summary: S Invoice Status: A # of copies: 1 Sort: N Check Over Expend: N Discount Vendor # Name # of items Net Gross Discount Lost 000110 A T & T WIRELESS 1 98.00 98.00 .00 .00 000926 LAUPERSHEIMER, MIKE 1 10.00 10.00 .00 .00 000977 PATTOCK, CAROL 1 69.00 69.00 .00 .00 001100 CIRCLE PINES POST OFFICE 1 37.00 37.00 .00 .00 001110 CIRCLE PINES, CITY OF 1 2,217.53 2,217.53 .00 .00 001395 NEXTEL COMMUNICATIONS 1 441.27 441.27 .00 .00 001981 INTEGRA HOMES, INC. 1 500.00 500.00 .00 .00 003241 JAYE, BRIAN 1 69.00 69.00 .00 .00 003242 MN STATE HIGH SCHOOL LEAGUE 1 123.00 123.00 .00 .00 003243 SEERY, LYNN 1 78.00 78.00 .00 .00 1102 PETTY CASH 1 256.86 256.86 .00 .00 004660 URICH, TRACEY 1 139.00 139.00 .00 .00 900224 NORTH COUNTRY BUILDERS 8 5,000.00 5,000.00 .00 .00 Grand Totals: 20 9,038.66 9,038.66 .00 .00* • Date: 08/29/2003 Time: 13:20:34 City of Lino Lakes FM Entry - Invoice Journal Ekes: Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 3378 - 3378 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Operator: JAL Page: 1 Options: Detail / Summary: S Invoice Status: A # of copies: 1 Sort: N Check Over Expend: N Discount Vendor # Name # of items Net Gross Discount Lost 000300 AMERICAN WATER WORKS ASSOCIATION 1 67.00 67.00 .00 .00 000393 LACROSSE UNLIMITED 1 3,208.50 3,208.50 .00 .00 000539 TARGET 1 160.00 160.00 .00 .00 000670 BERNSTEIN, BARRY 1 85.05 85.05 .00 .00 000697 KNISLEY CONSTRUCTION 2 3,000.00 3,000.00 .00 .00 000698 KEY LAND HOMES 2 1,000.00 1,000.00 .00 .00 000894 FAIRVIEW CLINIC 1 5,480.00 5,480.00 .00 .00 000927 CARLSON, DONNA 1 198.36 198.36 .00 .00 000984 CONTRACT HARDWARE 1 3,158.00 3,158.00 .00 .00 001097 ATOMICPARK.COM 1 82.00 82.00 .00 .00 5 NEXTEL COMMUNICATIONS 1 398.37 398.37 .00 .00 001396 INSTITUTE FOR ENVIRONMENTAL ASSESSMENT, 2 2,929.48 2,929.48 .00 .00 002310 LEAGUE OF MINNESOTA CITIES 1 500.00 500.00 .00 .00 002522 DALCO ROOFING /SHEET METAL, INC. 1 438.20 438.20 .00 .00 002816 USTA NORTHERN SECTION 1 51.39 51.39 .00 .00 003281 BERG, KELLY 1 63.00 63.00 .00 .00 003284 CMESC 1 200.00 200.00 .00 .00 003288 DNR EMBROIDERY 1 203.15 203.15 .00 .00 003289 GLASGOW, MARYANN 1 200.00 200.00 .00 .00 003291 RICHIE, GLORIA 1 78.00 78.00 .00 .00 003293 SKYHAWKS SPORTS ACADEMY, INC. 1 1,442.00 1,442.00 .00 .00 003524 PITNEY BOWES, INC. 1 247.78 247.78 .00 .00 • Date: 08/29/2003 Time: 13:20:35 City of Lino Lakes FM Entry - Invoice Journal 11111r # Name Operator: JAL Page: 2 # of items Net Gross Discount Discount Lost 003874 S.R.WEIDEMA, INC. 1 257.73 257.73 900569 COTTAGE HOMESTEADS 1 21,009.00 21,009.00 Grand Totals: 27 44,457.01 44,457.01 • • .00 .00 .00 .00 .00 .00* Date: 09/02/2003 Time: 10:27:10 City of Lino Lakes FM Entry - Invoice Journal •es: Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 3385 - 3385 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Operator: JAL Page: 1 Options: Detail / Summary: S Invoice Status: A # of copies: 1 Sort: N Check Over Expend: N Discount Vendor # Name # of items Net Gross Discount Lost 000100 AID ELECTRIC SERVICE, INC. 1 1,645.83 1,645.83 .00 .00 000157 ALL SEASONS RENTAL, INC. 1 59.64 59.64 .00 .00 000165 ALAUN DISTRIBUTING, INC. 1 70.00 70.00 .00 .00 000190 INTERSTATE ALL BATTERY CENTER, INC. 1 31.94 31.94 .00 .00 000210 AMERICAN FASTENER & SUPPLY, INC. 3 103.49 103.49 .00 .00 000250 AMERICAN PLANNING ASSOCIATION 1 160.00 160.00 .00 .00 000293 WIPERS AND WIPES, INC. 5 571.01 571.01 .00 .00 000350 ANOKA COUNTY 1 109.70 109.70 .00 .00 000361 CRYSTAL CAVE, INC. 1 140.25 140.25 .00 .00 000478 ARCADE ASPHALT, INC. 1 13,400.00 13,400.00 .00 .00 11102 INTERSTATE BATTERIES, INC. 2 133.27 133.27 .00 .00 000598 MINNESOTA PIPE & EQUIPMENT, INC. 1 91.69 91.69 .00 .00 000617 MICRO WAREHOUSE, INC. 1 373.75 373.75 .00 .00 000719 JOHNSTON FARGO CULVERT, INC. 1 259.01 259.01 .00 .00 000720 BLAINE, CITY OF 1 52.71 52.71 .00 .00 000770 BOYER TRUCKS, INC. 1 164.59 164.59 .00 .00 000861 BEE LINE ALIGNMENT SERVICE 1 50.00 50.00 .00 .00 000880 BRYAN ROCK PRODUCTS, INC. 1 892.90 892.90 .00 .00 000999 LANGER TREE SERVICE 1 870.00 870.00 .00 .00 001048 HARMON AUTOGLASS, INC. 2 222.59 222.59 .00 .00 001097 ATOMICPARK.COM 1 134.00 134.00 .00 .00 001100 CIRCLE PINES POST OFFICE 1 438.24 438.24 .00 .00 • Date: 09/02/2003 Time: 10:27:11 City of Lino Lakes FM Entry - Invoice Journal Name Operator: JAL Page: 2 Discount # of items Net Gross Discount Lost 001292 DEHN OIL COMPANY, INC. 1 3,308.65 3,308.65 .00 .00 001380 EARL ANDERSON ASSOCIATION, INC. 2 840.54 840.54 .00 .00 001480 HAWKINS WATER TREATMENT GROUP, INC. 1 2,479.18 2,479.18 .00 .00 001520 FLANAGAN SALES, INC. 1 1,647.20 1,647.20 .00 .00 001600 GALL'S INC. 1 11.86 11.86 .00 .00 001601 DAVE KICHLER INSPECTIONS, INC. 1 1,023.20 1,023.20 .00 .00 001720 W. W. GRAINGER, INC. 2 97.49 97.49 .00 .00 001771 HALVORSON CONCRETE, INC. 1 1,782.00 1,782.00 .00 .00 001841 UNITED RENTALS HIGHWAY TECHNOLOGIES, INC 1 4,264.96 4,264.96 .00 .00 001880 HUGO FEED MILL & ELEVATOR, INC. 1 1.94 1.94 .00 .00 001971 INFRATECH TECHNOLOGIES, INC. 2 905.27 905.27 .00 .00 002324 LEROY J. HOULE CONTRACTING 1 1,475.00 1,475.00 .00 .00 002340 IMAGE PRINTING & GRAPHICS, INC. 1 171.74 171.74 .00 .00 002360 LINO AUTO MACHINING 1 62.50 62.50 .00 .00 002432 RIVERSIDE MANUFACTURING COMPANY, INC. 1 269.85 269.85 .00 .00 .0 MENARDS, INC. 2 40.03 40.03 .00 .00 002565 METRO ATHLETIC SUPPLY, INC. 1 727.98 727.98 .00 .00 002584 METRO SALES INCORPORATED 2 1,791.24 1,791.24 .00 .00 003050 MRPA 1 990.00 990.00 .00 .00 003070 MTI DISTIBUTING, INC. 1 1,272.25 1,272.25 .00 .00 003180 NEWMAN TRAFFIC SIGNS, INC. 1 331.12 331.12 .00 .00 003220 FACTORY MOTOR PARTS COMPANY 1 27.83 27.83 .00 .00 003351 BEM CONSULTING 1 500.00 500.00 .00 .00 003352 LTD COMMODITIES, LLC 1 36.43 36.43 .00 .00 003880 SHORT - ELLIOTT - HENDRICKSON, INC. 1 366.50 366.50 .00 .00 003900 SAFETY KLEEN CORPORATION, INC. 2 161.80 161.80 .00 .00 004000 SIGNAL SYSTEMS INC. 1 95.98 95.98 .00 .00 • Date: 09/02/2003 Time: 10:27:12 City of Lino Lakes FM Entry - Invoice Journal •ndor # Name Operator: JAL Page: 3 Discount # of items Net Gross Discount Lost 004240 STREICHER'S, INC. 1 166.04 166.04 .00 .00 004340 T.A. SCHIFSKY AND SONS, INC. 3 23,050.87 23,050.87 .00 .00 004350 T.K.D.A. 1 1,235.85 1,235.85 .00 .00 004427 TIMESAVER OFF -SITE SECRETARIAL, INC 1 685.50 685.50 .00 .00 004562 NATIONAL WATERWORKS, INC. 1 959.08 959.08 .00 .00 004660 URICH, TRACEY 1 25.76 25.76 .00 .00 004709 VARSITY PHOTOS, INC. 1 144.00 144.00 .00 .00 004730 VIKING SAFETY PRODUCTS, INC. 1 240.00 240.00 .00 .00 900477 PARTS ASSOCIATES, INC. PAI 1 192.60 192.60 .00 .00 900591 CORPORATE EXPRESS, INC. 1 382.12 382.12 .00 .00 Grand Totals: 75 71,738.97 71,738.97 .00 .00* Date: 09/02/2003 Time: 10:34:50 Operator: JAL • Page: 1 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Ranges: Fund: (A) Dept Id: (A) Program: (A) Vendor #: (A) Invoice #: (A) Schedule Journal #: (r) 3369 - 3386 Bank #: (A) Cash #: (A) Payroll Check Dates: (A) Options: Print: D Report Format: 1 # of copies: 1 Total By Account: Y Check # Vendor Alpha Name 69003 0 68992 68993 69014 69015 68994 68996 68997 69020 69021 68999 Sort: D Print Ranges /Options: Y Process Payroll: N Page on Sort: N Description Dept Amount BERG, KELLY EARL ANDERSON ASSOCIAT INTEGRA HOMES, INC. JAYE, BRIAN KEY LAND HOMES KNISLEY CONSTRUCTION LAUPERSHEIMER, MIKE NORTH COUNTRY BUILDERS PATTOCK, CAROL RICHIE, GLORIA S.R.WEIDEMA, INC. SEERY, LYNN • 0 MRPA REGISTRATION Total for Dept 202 REIMBURSE PROGRAM REC STREET SIGNS REIMS BLDG ESCROW /1366 W REIMBURSE PROGRAM REC REIMB BLDG ESCROW /547 MY REIMS BLDG ESCROW /553 WO REIMBURSE PROGRAM REC REIMS BLDG ESCROW /354 WA REIMBURSE PROGRAM REC * * * * * * ** REIMBURSE PROGRAM REC * * * * * * ** REIMBURSE HYDRANT METER * * * * * * ** REIMBURSE PROGRAM REC * * * * * * ** Total for Dept ** 0 BLAINE, CITY OF PROGRAM REC 0 CRYSTAL CAVE, INC. PROGRAM REC 0 LTD COMMODITIES, LLC SUPPLIES Total for Dept 205 ADULT SP SPECIAL SPECIAL SPECIAL 0 ALAUN DISTRIBUTING, IN SUPPLIES YOUTH IN O BEM CONSULTING FOOTBALL FEES YOUTH IN 69010 DNR EMBROIDERY T- SHIRTS YOUTH IN 69016 LACROSSE UNLIMITED PROGRAM REC YOUTH IN O METRO ATHLETIC SUPPLY, PAINT /FLAGS /HATS /SHIRTS YOUTH IN 68988 M MN STATE HIGH SCHOOL L RULEBOOKS YOUTH IN 69022 SKYHAWKS SPORTS ACADEM PROGRAM REC 69023 TARGET SUPPLIES 69024 USTA NORTHERN SECTION SUPPLIES 0 VARSITY PHOTOS, INC. PHOTOS Total for Dept 207 • YOUTH IN YOUTH IN YOUTH IN YOUTH IN 63.00 562.12 500.00 69.00 1,000.00 3,000.00 10.00 5,000.00 69.00 78.00 257.73 78.00 10,686.85* 990.00 990.00* 52.71 140.25 36.43 229.39* 70.00 500.00 203.15 3,208.50 411.68 123.00 1,442.00 160.00 51.39 144.00 6,313.72* O METRO ATHLETIC SUPPLY, PAINT /FLAGS /HATS /SHIRTS YOUTH SP 61.02 Total for Dept 208 61.02* Date: 09/02/2003 Time: 10:34:50 Operator: JAL • Page: 2 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description Dept Amount 69005 CARLSON, DONNA MILEAGE /PARKING /LODGING MAYOR /CO 0 TIMESAVER OFF -SITE SEC AUG 13, 14, 20 MAYOR /CO Total for Dept 401 69002 ATOMICPARK.COM FRONT PAGE UPGRADE 69012 GLASGOW, MARYANN SAFETY WORKSHOP 69018 NEXTEL COMMUNICATIONS MONTHLY SERVICE /JULY Total for Dept 402 ADMINIST ADMINIST ADMINIST 0 TIMESAVER OFF -SITE SEC AUG 13, 14, 20 CHARTER Total for Dept 405 69018 NEXTEL COMMUNICATIONS MONTHLY SERVICE /JULY SENIORS Total for Dept 406 69018 NEXTEL COMMUNICATIONS MONTHLY SERVICE /JULY ECONOMIC Total for Dept 415 0 AMERICAN PLANNING ASSO MEMBERSHIP /TANDA G PLANNING Total for Dept 416 68989 A T & T WIRELESS 0 ATOMICPARK.COM 68990 CIRCLE PINES POST OFFI 69006 CMESC 0 GALL'S INC. 11111 0 METRO SALES INCORPORAT 995 NEXTEL COMMUNICATIONS 998 PETTY CASH 0 RIVERSIDE MANUFACTURIN 0 STREICHER'S, INC. MONTHLY SERVICE /JULY FRONTPAGE POSTAGE REGISTRATION /CHAD G & BULB MAINTENANCE AGREEMENT MONTHLY SERVICE /JULY SUPPLIES /POSTAGE BOOTS UNIFORM SUPPLIES Total for Dept 420 POLICE POLICE POLICE LA POLICE POLICE POLICE POLICE POLICE POLICE POLICE 0 CORPORATE EXPRESS, INC OFFICE SUPPLIES 0 DAVE KICHLER INSPECTIO ELECTRICAL INSPECTIONS Total for Dept 422 0 0 0 0 0 0 69018 0 0 0 • ARCADE ASPHALT, INC. EARL ANDERSON ASSOCIAT HALVORSON CONCRETE, IN INFRATECH TECHNOLOGIES JOHNSTON FARGO CULVERT NEWMAN TRAFFIC SIGNS, NEXTEL COMMUNICATIONS T.A. SCHIFSKY AND SONS UNITED RENTALS HIGHWAY VIKING SAFETY PRODUCTS OVERLAY STREET SIGNS REMOVE /REPLACE CURB CLEAN COLVERT CULVERT STREET SIGNS MONTHLY SERVICE /JULY ASPHALT STREET PAINTING SUPPLIES Total for Dept 430 0 AMERICAN FASTENER & SU PARTS BUILDING BUILDING STREETS STREETS & GU STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS 198.36 579.50 777.86* 82.00 200.00 19.91 301.91* 106.00 106.00* 55.59 55.59* 19.91 19.91* 160.00 160.00* 98.00 134.00 37.00 200.00 11.86 390.29 441.27 256.86 269.85 166.04 2,005.17* 382.12 1,023.20 1,405.32* 13,400.00 278.42 1,782.00 832.50 259.01 331.12 50.03 5,983.87 4,264.96 120.00 27,301.91* FLEET 86.73 Date: 09/02/2003 Time: 10:34:50 Operator: JAL • Page: 3 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description Dept Amount 0 BEE LINE ALIGNMENT SER FRONT END ALIGN FLEET 50.00 0 BOYER TRUCKS, INC. PARTS FLEET 164.59 0 DEHN OIL COMPANY, INC. GASOHOL FLEET 3,308.65 0 FACTORY MOTOR PARTS CO ACCUMLATOR FLEET 27.83 0 HARMON AUTOGLASS, INC. GLASS REPAIR FLEET 222.59 0 INTERSTATE BATTERIES, BATTERIES FLEET 133.27 0 LINO AUTO MACHINING TURN ROTOR FLEET 62.50 0 MENARDS, INC. LUMBER FLEET 14.85 0 PARTS ASSOCIATES, INC. PAINT FLEET 192.60 Total for Dept 431 4,263.61* 0 ANOKA COUNTY MAPS GOVERNME 109.70 68991 CIRCLE PINES, CITY OF MONTHLY SERVICE /JULY GOVERNME 2,183.68 69009 DALCO ROOFING /SHEET ME REPAIR ROOF GOVERNME 438.20 O IMAGE PRINTING & GRAPH PRINTING /BUSINESS CARDS GOVERNME 171.74 69013 INSTITUTE FOR ENVIRONM ARCHITECTURAL EVALUATION GOVERNME 2,929.48 69017 LEAGUE OF MINNESOTA CI HERITAGE DEVELOPMENT GOVERNME 500.00 0 METRO SALES INCORPORAT MAINTENANCE AGREEMENT GOVERNME 1,400.95 O MICRO WAREHOUSE, INC. BELT CARTRIDGE GOVERNME 373.75 69019 PITNEY BOWES, INC. POSTAGE METER RENTA -OCT GOVERNME 247.78 0 SIGNAL SYSTEMS INC. TIME CLOCK CHECK -UP GOVERNME 95.98 0 W. W. GRAINGER, INC. FAN GOVERNME 97.49 0 WIPERS AND WIPES, INC. SUPPLIES GOVERNME 494.71 Total for Dept 432 9,043.46* O ALL SEASONS RENTAL, IN SOD CUTTER RENTAL PARKS 59.64 � 0 BRYAN ROCK PRODUCTS, I RED BALL DIAMOND AGG PARKS 892.90 91 CIRCLE PINES, CITY OF MONTHLY SERVICE /JULY PARKS 33.85 0 FLANAGAN SALES, INC. SURFACING PARKS 1,647.20 0 HUGO FEED MILL & ELEVA SUPPLIES PARKS 1.94 O INTERSTATE ALL BATTERY BATTERY PARKS 31.94 O LANGER TREE SERVICE REMOVE /HAUL TREE PARKS 870.00 0 METRO ATHLETIC SUPPLY, PAINT /FLAGS /HATS /SHIRTS PARKS 255.28 O MTI DISTIBUTING, INC. SUPPLIES PARKS 1,272.25 69018 NEXTEL COMMUNICATIONS MONTHLY SERVICE /JULY PARKS 100.06 O URICH, TRACEY REIMBURSE CLOTHING ALLOW PARKS 25.76 69000 URICH, TRACEY REIMBURSE CLOTHING ALLOW PARKS 139.00 0 VIKING SAFETY PRODUCTS SUPPLIES PARKS 120.00 O WIPERS AND WIPES, INC. SUPPLIES PARKS 76.30 Total for Dept 450 5,526.12* 69004 BERNSTEIN, BARRY MILEAGE RECREATI 85.05 69018 NEXTEL COMMUNICATIONS MONTHLY SERVICE /JULY RECREATI 102.84 Total for Dept 451 187.89* 0 SAFETY KLEEN CORPORATI RECYCLE USED OIL SOLID WA 161.80 Total for Dept 462 161.80* 0 LEROY J. HOULE CONTRAC REMOVE /DISPOSE TREE FORESTRY 1,475.00 Total for Dept 463 1,475.00* • Date: 09/02/2003 Time: 10:34:51 Operator: JAL • Page: 4 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description Dept Amount 0 AMERICAN FASTENER & SU PARTS WATER 16.76 69001 AMERICAN WATER WORKS A MEMBERSHIP /TIM P WATER 67.00 69025 M CIRCLE PINES POST OFFI UTILITY BILLING POSTAGE WATER 219.12 0 HAWKINS WATER TREATMEN CHEMICALS WATER 2,479.18 O INFRATECH TECHNOLOGIES BLUE MARKING PAINT WATER 72.77 0 MINNESOTA PIPE & EQUIP VALVE BOX ADJUSTING WREN WATER 91.69 O NATIONAL WATERWORKS, I METERS /TOUCH PADS /FLANGE WATER 959.08 69018 NEXTEL COMMUNICATIONS MONTHLY SERVICE /JULY WATER 50.03 Total for Dept 494 3,955.63* 69025 M CIRCLE PINES POST OFFI UTILITY BILLING POSTAGE SEWER 219.12 Total for Dept 495 219.12* O AID ELECTRIC SERVICE, MATERIAL /WORK - CLEARWATER OTHER 1,645.83 69008 COTTAGE HOMESTEADS TIF PAY -AS- YOU -GO OTHER 21,009.00 69011 FAIRVIEW CLINIC TIF PAY -AS- YOU -GO OTHER 5,480.00 0 MENARDS, INC. BLOCK OTHER 25.18 0 SHORT - ELLIOTT - HENDRICK PROFESSIONAL SERVICE /GIS OTHER 366.50 0 T.A. SCHIFSKY AND SONS INSTALL BASE /BLACKTOP -CL OTHER 17,067.00 0 T.K.D.A. STORM WATER MANAGEMENT OTHER 1,235.85 Total for Dept 499 46,829.36* 69007 CONTRACT HARDWARE TIF PAY -AS- YOU -GO CONTRACT 3,158.00 Total for Dept 514 3,158.00* Grand Total 125,234.64* • Centennial Fire District Check Register 9/3/2003 The disbursements listed below are submitted by the Centennial Fire District for your approval: DATE CHECK# NAME 9/2/2003 13931 9/2/2003 13932 9/2/2003 13933 9/2/2003 13934 9/2/2003 13935 9/2/2003 13936 9/2/2003 13937 9/2/2003 13938 9/2/2003 13939 9/2/2003 13940 9/2/2003 13941 9/2/2003 13942 9/2/2003 13943 9/2/2003 13944 9/2/2003 13945 • • Aspen Mills Batteries Plus Centennial Utilities CenterPoint Energy David Bruder Emergency Apparatus Maintenance McLeod USA Metro Fire Milo Bennett Randy D. Lauderbaugh Ross Industries, Inc. Verizon Wireless Xcel Energy Arthur Mohler Ross Industries, Inc. 1 of 1 ACCOUNT AMOUNT 42120 - Uniform Expense 269.45 42130 - Equipment Expense 179.99 42251 - Station 1 - Gas 103.11 42253 - Station 2 - Gas 59.34 42110 - Other Maintenance 16.04 42000 - Vehicle Maintenance 333.83 42240 - Telephone 353.27 42130 - Equipment Expense 7,374.40 42120 - Uniform Expense 112.40 42220 - Travel, Conf., Schools 514.22 42190 - Fire Prevention Supplies 373.63 42240 - Telephone 144.19 42254 - Station 2 - Electric 538.25 45010 - Safety Camp Expense 57.60 45010 - Safety Camp Expense 117.00 Total $10,546.72 • • • AGENDA ITEM 3A STAFF ORIGINATOR AI Rolek MEETING DATE September 8, 2003 TOPIC Consideration Resolution 03 -145 adopting the proposed 2004 Operating Budget for the City of Lino Lakes VOTE REQUIRED BACKGROUND Simple Majority Minnesota State Statutes require the City of Lino Lakes to adopt and certify a proposed 2004 operating budget on or before September 15th of each year. This was a particularly challenging budget year, with the City losing all of the Local Government Aid and Market Value Credit it receives from the State. While the City may levy back a portion of the lost aids, in light of other economic difficulties, the additional levy will not make completely fill the gap. As a result, the 2004 budget is proposed with a 3.38% decrease from the 2003 budget. The City experienced a market value growth of 16.01% over the same period. The proposed budget was reviewed with the City Council at work sessions held August 13 and September 3. The departmental budgets within the proposed budget will be further reviewed by the City Council and staff between September 8th and December 8th, for changes, if needed. OPTIONS 1. Adopt Resolution 03 -145 adopting the proposed 2004 Operating Budget. 2. Refer back to staff for further review. RECOMMENDATION Option 1 • • • CITY OF LINO LAKES RESOLUTION NO. 03 -145 RESOLUTION ADOPTING THE PROPOSED 2004 GENERAL OPERATING BUDGET FOR THE CITY OF LINO LAKES. WHEREAS, Pursuant to State Statute, the Lino Lakes City Council is required to adopt a resolution setting out proposed General Fund revenues and expenditures for the upcoming fiscal year. NOW, THEREFORE BE IT RESOLVED that the following Proposed General Fund operating budget be adopted for 2004: 2004 PROPOSED GENERAL FUND BUDGET REVENUES: Property Taxes $5,151,066 Intergovernmental Revenue 370,000 Licenses and Permits 777,350 Charges for Services 181,500 Fines & Forfeitures 100,000 Interest on Investments 65,000 Miscellaneous 145,000 TOTAL PROPOSED GENERAL FUND REVENUES $6,789,916 EXPENDITURES: Administration $1,113,372 Community Development 754,956 Public Safety 2,735,395 Public Services 2,152,642 Other 33,551 TOTAL PROPOSED GENERAL FUND EXPENDITURES $6,789,916 Adopted by the Lino Lakes City Council this 8th day of September, 2003. Ann J. Blair, City Clerk John J. Bergeson, Mayor • • AGENDA ITEM 3B STAFF ORIGINATOR Al Rolek MEETING DATE September 8, 2003 TOPIC Consideration of Resolution 03 -146 adopting the preliminary 2003 Tax Levy, collectible in 2004. Simple Majority VOTE REQUIRED BACKGROUND Minnesota State Statutes require the City of Lino Lakes to adopt and certify a preliminary tax levy for the coming year on or before September 15th of each year. The Minnesota State Legislature during the 2003 legislative session cut 100% of Local Government Aid and Market Value Homestead Credit Aid that the City of Lino Lakes was to receive for 2003 and 2004, amounting to $546,816 for each year. The Legislature has re- implemented tax levy limits for 2003/04 and has restricted general tax levies to the amounts levied for 2002/03; however, cities are allowed to include in their 2003/04 tax levies 60% of lost Local Government Aid and Market Value Homestead Credit Aid. This amount has been incorporated into the preliminary 2003/04 tax levy. The tax levy proposed for 2003 collectible in 2004 is the maximum levy allowed under the city's levy limit. The proposed levy will result in a decrease in the city's tax rate for 2004 and may reduce the city share of the tax bill for property owners. The proposed levy in Resolution 03 -146 is the City's maximum levy for 2003/04. The final levy may be decreased, but can not be more than the proposed levy when it is adopted in December. The total levy includes funding for the general operating budget, general bonded debt and a tax abatement under agreements between the City and Target and Kohl's. The levy will be further reviewed by the City Council and staff between September 8th and December 8th, for changes if necessary. OPTIONS 1. Adopt Resolution 03 -146 adopting the proposed 2003 tax levy, collectible in 2004. 2. Return to Staff for further review. RECOMMENDATION Option 1 • CITY OF LINO LAKES RESOLUTION NO. 03 -146 RESOLUTION ADOPTING AND CERTIFYING THE PRELIMINARY 2003 TAX LEVY, COLLECTIBLE IN 2004 WHEREAS, Minnesota State Statutes grant local governments the authority to levy property taxes to finance the operations of the local jurisdiction; and, WHEREAS, the City of Lino Lakes annually levies property taxes to finance General Fund operating costs and annual debt service on outstanding indebtedness; and, WHEREAS, the Minnesota State Legislature during the 2003 legislative session cut 100% of Local Government Aid and Market Value Homestead Credit Aid that the City was to receive for 2003 and 2004, amounting to $546,816; and, WHEREAS, the Minnesota State Legislature has restricted general tax levies to the amounts levied for 2002/03, but has allowed cities to include in their 2003/04 tax levies 60% of lost Local Government Aid and Market Value Homestead Credit Aid; and, WHEREAS, to avoid a sever reduction in city services the 60% of lost Local Government Aid and Market Value Homestead Credit Aid has been incorporated into the preliminary 2003/04 tax levy; and, WHEREAS, the City Council of Lino Lakes has reviewed the proposed 2004 General Fund operating budget and the preliminary 2003 tax levy collectible in 2004; and, • WHEREAS, the preliminary levy is the maximum that the City will levy for tax year 2003 collectible in 2004, and which may be lowered but cannot be increased before adopting the final tax levy; and, WHEREAS, the City Council must certify the preliminary 2003 tax levy collectible in 2004 to the Anoka County Auditor by September 15, 2003. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lino Lakes, Anoka County, Minnesota, hereby does levy on a preliminary basis the following upon taxable property in said City of Lino Lakes: 1 Total amount levied in the year 2003 to be spread for taxes due and payable in the year 2004 is $6,550,620. 2. The total amount above levied is for the following purposes: General Operating Levy $5,500,866 • • • Special Levies Increased PERA Contribution 8,281 Tax Abatement — Target & Kohl's 114,395 General Bonded Debt Public Project Revenue Bond 140,716 Civic Complex Bond 1998A 325,988 G.O. Improvement Bond 1998B 154,876 Equipment Certificates of 2001 122,430 Equipment Certificates of 2002 52,920 Equipment Certificates of 2003A 62,948 Equipment Certificates of 2003B 67,200 Total General Obligation Bonded Debt 927,078 TOTAL LEVIES $6,550,620 Adopted by the Lino Lakes City Council this 8th day of September, 2003. Ann J. Blair, City Clerk John J. Bergeson, Mayor BACKGROUND • AGENDA ITEM 3C STAFF ORIGINATOR: Al Rolek MEETING DATE: September 8, 2003 TOPIC: Resolution 03 -147 setting dates of Truth in Taxation hearings VOTE REQUIRED: Simple Majority All government entities are required to hold Truth in Taxation hearings to receive public input on the proposed levy and general operation budget. Cities may not hold their initial hearings on the same dates as Counties and School Districts. • Resolution 03 -147 would set Monday, December 8, 2003, at 6:00 p.m. as the date for the City's Truth in Taxation hearing. A continuation hearing, if needed, would be held Monday, December 15, 2003 at 6:00 p.m. with final adoption of the 2003/04 tax levy and 2004 general operating budget immediately following the continuation hearing on December 15, 2003. • Staff recommends adoption of Resolution 03 -147 setting the Truth in Taxation hearing dates. OPTIONS'1 1. Adopt Resolution 03 -147 setting Truth in Taxation Hearing dates. 2. Approve alternate dates for Truth in Taxation Hearings. RECOMMENDATION Option 1. • • • CITY OF LINO LAKES RESOLUTION NO. 03-147 RESOLUTION SETTING DATES FOR THE TRUTH IN TAXATION HEARINGS FOR THE PROPOSED 2004 OPERATING BUDGET AND 2003 TAX LEVY COLLECTIBLE IN 2004 WHEREAS, governmental entities are required to hold Truth in Taxation hearings to receive public input on the proposed operating budget and tax levy; and, WHEREAS, cities may not hold their hearings on the same dates as Counties and School Districts; and, WHEREAS, the first two Mondays in December have been set aside exclusively for cities to hold their Truth in Taxation Hearings; and, WHEREAS, the City Council of Lino Lakes wishes to set their Truth in Taxation Hearings on these exclusive dates. NOW THEREFORE BE IT RESOLVED, that the City of Lino Lakes, Anoka County, Minnesota, that: 1. The initial Truth in Taxation hearing date is hereby set for Monday, December 8, 2003, at 6:00 p.m. 2. A continuation hearing, if needed, is scheduled for Monday, December 15, 2003 at 6:00 p.m. with final adoption of the 2003 -2004 tax levy and 2004 general operating budget immediately following the continuation hearing on December 15, 2003. Adopted by the Lino Lakes City Council this 8th day of September, 2003. Ann J. Blair, City Clerk John J. Bergeson, Mayor STAFF ORIGINATOR: C. C. MEETING DATE: TOPIC: VOTE NEEDED: BACKGROUND AGENDA ITEM 7 A Jeff Smyser September 8, 2003 Hailey Manor i) Resolution 03 -140: Comprehensive Plan Amendment: - Change Land Use From Low Density Unsewered to Low Density Sewered Residential, and - Obtain 17 Acres of MUSA Reserve, and - Include Area 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 4/5 Resolution 03 -140, Comprehensive Plan Amendment 3/5 Ordinance 16 -03, Rezone From Rural to R -1 3/5 Resolution 03 -120, Preliminary Plat, Variances, MUSA Frank Feela, Inc. has requested approval of the Hailey 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 17 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 11`x' meeting and August 25th meetings. The main unresolved questions are whether or not to amend the comprehensive plan for the redevelopment of the Mar Don Acres lots and the possibility of providing sanitary sewer and water service to additional properties in the neighborhood. • • Hailey 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 • • Hailey 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 Hailey 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: Hailey 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. After several City Council discussions, it appears that the best thing to do would be to submit to the Met Council a comprehensive plan amendment that would include all the lots fronting on Lois Lane. This does not commit the City to providing utility service nor to allow the properties to redevelop. A platting application would be needed for that, and it would be subject to a review just like Hailey Manor or any development proposal. A comp plan amendment for the entire street does provide the possibility of utility service redevelopment. Therefore, if the project is to proceed, staff is recommending that the comp plan amendment include a request for: - a land use category change (unsewered to sewered) for all the Mar Don Acres lots with frontage on Lois Lane, - an additional 17acres of MUSA, which would be for those lots, - and to include the lots in the Stage 1 growth area. The MUSA allocation would be approved with the preliminary plat and granted with the final plat. That is, the properties will not have MUSA until they are rezoned, platted, and granted MUSA. Growth Management, Units/Year: The table below show the status of the staging plans for final platting new residential units. The ten new units in Hailey Manor 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 20021 2003 2004 1 2005 2006 2007 Hailey Manor page 5 Stoneybrook 2nd Addn 103 51 52 Century Farm North 249 56 65 52 43 33 Ravens Hollow 56 56 Haley Manor (proposed) 10 Crystal Cove (propose 3 3 Bruggeman (propose° 152 50 54 48 minor subdivision Tots 1 total 51 172 175 100 43 33 remaining of 147 exceeds target of 147 by percent -25 -28 25 28 17% 19% 47 104 114 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 Hailey 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. • • Hailey Manor page 6 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 Hailey 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. 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. The current rezoning proposal would apply only to the property included in the Hailey Manor plat. Future redevelopment of other properties would require a rezoning and platting of such properties. 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. • • Hailey Manor page 7 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 Hailey 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. 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. As discussed at the August 25 meeting, the City Engineer surveyed the lots west of Hailey Manor for home elevations. The goal is to determine if the lots can be served by a gravity sewer line connecting to the existing Highland Meadows West facility. Further analysis is necessary, but the preliminary study has concluded that: - Lots 4 and 5, Block 1, and Lots 14 and 15, Block 3, can be served - Lots 2 and 3, Block 1, are questionable, but maybe it will be possible to serve them - Lot 1, Block 1, and Lot 1, Block 4 (the two westernmost lots) cannot be served because the gravity line would be too shallow Those lots that can be served may need to utilize individual grinder pumps. These would pump wastewater from the home up to the gravity sewer line in the street. If Lots 2 and 3 can be served, this potential for gravity sewer service on the north side of Lois Lane corresponds with the lots that have Arlo Lane frontage. • • Hailey Manor page 8 Grading and Stormwater Management: The grading plan proposes a pond to be created within the rear yards of the 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. Plans revised since the initial submittal show a swimming pool in the proposed drainage easement in the rear yard of Lot 10 (existing house, Lot 7). The City should not allow a swimming pool in a drainage and utility easement. This must be resolved. 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., 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. 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 • • • Hailey Manor page 9 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 August 26, 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. • Hailey Manor page 10 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 -140, 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. Deny the applications with separate votes and findings stated for the record. 3. Return to staff with direction. RECOMMENDATION Option 1 This review is based on the following plans and information: City Engineer Comments dated August 26, 2003 Environmental Board Comments, June 25, 2003 Boundary/Topographic Survey, June 9, 2003 Preliminary Plat, revised July 31, 2003 Preliminary Utility Plan, revised July 31, 2003 Preliminary Grading and Erosion Plan, revised July 31, 2003 • • CITY OF LINO LAKES RESOLUTION NO. 03-140 APPROVING AMENDMENT OF THE COMPREHENSIVE PLAN TO CHANGE SPECIFIED LAND IN MAR DON ACRES FROM LOW DENSITY UNSEWERED RESIDENTIAL TO LOW DENSITY SEWERED RESIDENTIAL, AND TO OBTAIN ADDITIONAL MUSA RESERVE FOR THE AREA 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. Several of these properties are included in a plat called Hailey Manor, but others are not. 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 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 that includes the following properties in the Mar Don Acres plat: Lots 1 through 8, Block 1, and Lot 1, Block 2 Lots 1, 14, and 15, Block 3, and Lot 1, Block 4 BE IT FURTHER RESOLVED that the amendment of the comprehensive plan is to • change the land use designation from Low Density Unsewered Residential to Low Density Sewered Residential, and • include the area in the Stage 1 (pre -2010) growth area, and • obtain 17 acres of additional MUSA reserve for the described area, which shall only be allocated with plat approval • 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 John J. Bergeson, Mayor ATTEST: Ann Blair, City Clerk Resolution 03 -140, 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 HAILEY 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 -140 approves amending the comprehensive plan to change the land use category of the Hailey Manor land to Low Density Sewered Residential and acquire more MUSA reserve for the project. The ten new residential lots being created by Hailey 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 Hailey Manor lots, and would be consistent with adjacent urbanized development. 3. Upon compliance with the conditions of approval set forth in Resolution 03 -140 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 -140 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, Hailey 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 -140, 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 John J. Bergeson, Mayor ATTEST: Ann Blair, City Clerk 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 HAILEY MANOR, INCLUDING LOT DEPTH VARIANCES WHEREAS, the City has received applications for platting an area as Hailey 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 -140 to change the comprehensive plan land use designation to Low Density Sewered Residential and include it in a Stage 1 growth area; 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, Hailey 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 Hailey 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 Hailey 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 August 26, 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. The issue of an existing swimming pool in a proposed easement must be resolved prior to final plat approval. 15. This approval is based on the following plans and information, and supporting documentation: City Engineer Comments dated August 26, 2003 Environmental Board Comments, June 25, 2003 Boundary/Topographic Survey, June 9, 2003 Preliminary Plat, revised July 31, 2003 Preliminary Utility Plan, revised July 31, 2003 Preliminary Grading and Erosion Plan, revised July 31, 2003 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 Reference: Hailey Manor 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 Date: August 26, 2003 Comm. No. 12701 -002 Routing: A review memorandum dated July 1, 2003 was previously submitted to the City for this proposed development. Revised comments are provided based on the following: 1. Revised Grading and Erosion Control, and Stormwater Management Plans dated June 24, 2003, and subsequently revised July 31, 2003. 2. Revised HydroCad Drainage Calculations for 2 yr., 10 yr., and 100 yr., events (Existing and Developed Conditions), dated June 19, 2003. Subsequent revised calculations dated July 30, 2003, including 10 -day snowmelt calculations have also been received. 3. A Geotechnical Study prepared by STS Consultants, dated July 1, 2003. 4. A copy of a FAX Transmittal from RCWD (Emmons & Olivier Resources) to Frank Feela and Paul Kroehnert dated July 11, 2003. 5. Letter from Metro Land Surveying to the City of Lino Lakes, dated August 4, 2003 addressing previous review comments of the Rice Creek Watershed District (RCWD) and TKDA. Comments are as follows: Project Overview 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 comer 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. General Comments • 1. A complete set of revised plans (final construction plans) must be received. 2. General Notes on the grading and utility plans must be numbered. An Employee Owned Company Promoting Affirmative Action and Equal Opportunity • • Hailey Manor Page 2 August 26, 2003 City of Lino Lakes, Minnesota Drainage and Stormwater Comments 1. The minimum building elevation floor elevation (including basement), must be the greatest of the following: 2 feet above the design flood elevation, 4 feet above the water table, or 1 foot higher than the emergency overflow elevation. Based upon the information provided, it would appear that several of the proposed units around the land locked drainage basin would need to be raised significantly, based upon the 10 year snow melt elevation. The groundwater elevations may also dictate adjustments to the proposed elevations. In addition, there are existing homes that do not meet the above criteria; one located just west of the property on Lois Lane, and the other on Lois Lane within the proposed development (both properties are adjacent to the existing landlocked basin). In this case, the developer must provide written assurance (technical proof) that he is not making an existing non - conforming situation worse (potential for drainage problems) by constructing the proposed improvements, described further as follows: The governing design elevation for the proposed development (according to the calculations submitted) is the 10 -day snow melt elevation of 906.8. Under the existing conditions and according to the survey, this is already a land lock detention basin, and without an emergency overflow. The lowest elevation (bottom) of the existing land locked basin appears to be at an approximate elevation of 906.7. One may argue that under the existing conditions, the highest flood elevation (particularly for snowmelt) would be higher than 906.7. However, this would need to be confirmed by calculations provided by the developer. Calculations for the existing 100 -year rainfall event have not been submitted as required. Calculations for the existing 10 -day snowmelt event must also be submitted. It must also be mentioned that the existing groundwater elevation (per the borings submitted) show a groundwater elevation of 902.5 near the two houses mentioned. The basement elevation of 904.2 for the house west of the property line is therefore less than the 4 -foot separation required. In summary, the existing house already fails to meet the City's criteria. Again, the developer must demonstrate that he is not increasing the chances for drainage or other water related problems for the existing houses. 2. New existing condition computations were not submitted. Previously submitted computations were used for the comparison of rate control. 3. An infiltration basin along Country Lane is proposed by constructing a 5 -foot gap in the curb. The City may feel that a 5 -foot gap in the curb is not acceptable. Therefore, the alternative (building a sump next to the existing CB) may be a more desirable option. 4. A Conditional Approval has been granted by the RCWD. Completion and conformance with all • outstanding conditions of the Rice Creek Watershed District must be adhered to, including the following: • The City and Developer must sign an agreement addressing the maintenance and management of stormwater facilities. • Hailey Manor Page 3 August 26, 2003 City of Lino Lakes, Minnesota General Street and General Utility Comments 1. 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 City 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, Block1 and Lots 1 and 2, Block 2) and shown accordingly on the plan. 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. The existing system is expected to adequately provide sufficient flow rates and pressures for the units proposed as part of this development. However, any additional development (future) to the west and south of this proposed development must consider additional mains and looping of the system. • 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 (street section provided per City of Lino Lakes standards). Concrete curb and gutter shown shall be identified as D412. The geotechnical report provided by STS indicates that the existing soils are adequate to accommodate the proposed infrastructure (streets and utilities). However any soils considered deficient shall be removed and replaced with suitable compacted granular material as approved by the City Engineer. 5. There is a discrepancy on the developer's plans with regards to the extension of sanitary sewer on Lois Lane. The City's records indicate that the invert elevation of the existing sewer termination point (at the east end of development) is 899.86, very close to the elevation of 899.89 shown on the plan. However, the proposed elevation at the upstream end of the proposed sewer extension is shown as 892.12. It would appear that there is a 10 -foot error discrepancy, or the correct elevation shown should be 902.12. With the correct invert elevation provided, the sanitary sewer would appear to have less than 7 feet of cover, which is less than the minimum standard. This may also raise issues with regards to basement elevations (proposed and existing) that will need to connect to the new sewer. The developer must investigate this error further and address to the City's satisfaction accordingly. Additional Utility Comments It is expected that final utility construction plans shall be forwarded, and shall address the following: • 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 Hailey Manor Page 4 August 26, 2003 City of Lino Lakes, Minnesota 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 the 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 final construction plans and commencement of any construction activity. 6. Profile sheets must be provided for sewer and watermain installation on Lois Lane. 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 that the City of Lino Lakes Utility Superintendent shall be contacted at least 48 hours prior to any utility work, utility connections, or any work in the public right -of -way being performed. 5 -MA+H — 3TRCET LLI_ 1 3 3 B 9 /0 // /1 gariTIM rp, 110-'"1"146 W Fv/im I 10 � ir ¢ 1 1■ 11 1 z 2`' L� Ir • CARL E IV/S/0 ELEMENTARY SCHOOL 3.IO.i /■ 1111 1 5 4 4, /7 6 5 - GBUNTY l /W)�R /6H%IOFWA1` p NUMB£ri -i5 - ---F— — r �Ug.' -1' 417 • ©D ouTlOT A � O �{1 M-. i NN 3 6 _.. © 146 4 Ta r /? a wa.3 ' TW1L< T � a ¢ ME� aNrs p� IIIIl �.0 ©�2 202/ .A ®,��� e LIM �o..M LEA IAN e!►��. WI ���I� ©��� ~� LAN � 2A' 4 ©t ng� goil a !� ow, imoripairape OUI'LOT L �, 1 IS kligepr• t O .ww n 15:4 ini ROL ' oOp, P� 1I2 NW..O ®� I � 2 !17J$iI S.R� NE •. l.A t' �� � ��� o ! 0 , . 9 9 to IIq Vv5 `, r _ 6 b ~ ®� ° : � �1 3 2 1 ES W ®0 I L K 8 • *i z PLAC. 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MEETING DATE: TOPIC: BACKGROUND AGENDA ITEM 7 B Jeff Smyser September 8, 2003 First Reading, Ordinance No. 18 -03: - Rezoning From R -1 to R -2 Resolution No. 03 -141, - Preliminary Plat and - Variances for Lot Depth, Lot Width, Lot Area Crystal Cove (Outlot B, Highland Meadows East) North Suburban Development, Inc. The site was platted as Outlot B when the Highland Meadow East plat was approved in 1999. The parcel of 0.64 acre is located at the southwest corner of Lake Drive and 79th Street. The application involves the rezoning of part of the outlot and a preliminary plat that covers the entire outlot. The plat would create three lots: one lot for a single family detached home, and two lots that accommodate a two - family attached structure (duplex). The rezoning applies to the two duplex lots. The extremely irregular shape of the property creates a number of constraints that affect the ability to meet several minimum requirements regarding lot dimensions and area. To accommodate the development proposal, the following approvals are necessary: 1. Rezoning of the east side of the site from R -1 to R -2. 2. Preliminary Plat, including 3. Variances for lot depth and width. ANALYSIS Comprehensive Plan, Land Use, Zoning The following is a summary of the of the proposal: Gross Site Area Upland Area Total Lots Net Density 0.64 acres 0.64 acres 3 4.7 units /acre • The site is within the existing MUSA. The site is guided for Medium Density Residential, at 3 -6 units per acre. The proposal complies with this density. • • • Crystal Cove page 2 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 vacant Medium Density Residential Stage 1 (pre -2010) growth area R -1 North residential (Twilight Acres, across 79th) Low Density Sewered Residential R -1 South residential Medium Density Residential R -1 East Lake Drive, VFW General Business GB West residential (Highland Meadows East) Medium Density Residential R -1 Previous to adoption of the 2002 comprehensive plan, the site was guided for single family residential. The Highland Meadows East plat reflects this with the single family homes along 79th St. In reviews of that plat, however, the City noted that the future land use would be medium density on the remaining land in the plat and to the south, according to what was then the draft comprehensive plan. Outlot A, to the southwest of Outlot B, was intended to accommodate medium density housing. For access, Outlot A includes land intended for a right of way that aligns with Nancy Drive. Immediately abutting Outlot A on the west (Highland Meadows West) are 52 townhomes in 13 quad -home structures. Growth Management Policy: The City's Growth Management Ordinance establishes annual limits on allocation of MUSA reserve and the number of new units that can be platted. The site is within the existing MUSA. Adding three dwelling units has minimal effect. LOTS /UNITS Development Name and Phases Phasing tans by ear (lots /units to be final platted) Prelim year end Plat 2002 2003 2004 1 2005 2006 2007 Stoneybrook 2nd Addn 103 51 52 Century Farm North 249 56 65 52 43 33 Ravens Hollow 56 56 Haley Manor (proposed) 10 Crystal Cove (proposed) 3 3 Bruggeman (proposed) 152 50 54 48 minor subdivision Tots 1 total 51 172 175 100 43 33 remaining of 147 exceeds target of 147 by percent -25 -28 25 28 17% 19% 47 104 114 • • • Crystal Cove page 3 Rezoning The current zoning, R -1 Single Family Residential, does not allow two - family structures. That is the reason for the application to rezone Lots 2 and 3 to R -2 Two - Family Residential. 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 Residential use, at 3 -6 units per acre. The project is consistent with the units /per year limit of the growth management policy. The comprehensive plan does promote the creation of housing variety. A two- family structure is consistent with this goal. 2. The proposed use is or will be compatible with present and future land uses of the area. The one duplex structure does not pose a compatibility problem with existing nearby homes. According to the comprehensive plan, future development to the south will be at a similar density: 3 -6 units /acre. 3. The proposed use conforms with all performance standards contained herein (in the zoning ordinance). As discussed below under "Preliminary Plat: Lots ", variances would be needed as the project is proposed. Lot depth and area issues are due to the irregular configuration of the site. Granting variances would make the proposal consistent with City requirements. 4. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. Both water and sanitary sewer service are available in 79th St. on the north side of the site and in Lake Drive. The systems have adequate capacity. 5. Traffic generation by the proposed use is within capabilities of streets serving the property. The creation of three dwelling units will not overburden the roads. No new roads are proposed or necessary to serve this three -unit development. • • Crystal Cove page 4 Preliminary Plat The proposal does not require extension of sanitary sewer, water, or transportation infrastructure as these services are available at the site. The proposed lots would have access via 79th St. rather than Lake Drive. Lots, Variances: The following table lists the lot requirements in the R -1 and R -2 zones. * Lot depths are the average distance between the front and rear lot lines, measures at right angles, and were measured manually on the submitted plat. The precise distances may differ slightly ** Lot widths are measured at the setback line, not at the street frontage, and were measured manually on the submitted plat. The precise distances may differ slightly. Outlot B of Highland Meadows East is an irregular piece of property. None of the lot lines are • parallel or meet at right angles. The irregularity of the site results in several design difficulties. For example, the sharp angle formed by Lake Drive and 79th St. creates a severe restriction on use of the property because the setbacks from the roads cover a large portion of the site. R -1 minimums proposed Lot 1 R -2 minimums proposed Lots 2 & 3 lot area 10,800 sf 10,800 sf base lot area 15,000 sf 15,636 sf unit lot area 7,500 sf Lot 2 5,153 sf Lot 3 10,483 sf lot depth* 135' 125' 135' Lot 2 130' Lot 3 134' lot width ** 80' 87' base lot 100' 120' unit lot 50' Lot 2 40' Lot 3 80' setbacks local street 30' 35' 30' 30 +' collector /arterial 40' 40' Lot 3 40' side 10' 20' 10' Lot 2 12' 5' accessory 7' 5' accessory rear 30' 44' 30' 30 +' 5' accessory 5' accessory * Lot depths are the average distance between the front and rear lot lines, measures at right angles, and were measured manually on the submitted plat. The precise distances may differ slightly ** Lot widths are measured at the setback line, not at the street frontage, and were measured manually on the submitted plat. The precise distances may differ slightly. Outlot B of Highland Meadows East is an irregular piece of property. None of the lot lines are • parallel or meet at right angles. The irregularity of the site results in several design difficulties. For example, the sharp angle formed by Lake Drive and 79th St. creates a severe restriction on use of the property because the setbacks from the roads cover a large portion of the site. • • • Crystal Cove page 5 Lot Depth: All three proposed lots have less than the required minimum lot depth of 135 ft. This is due to the irregular shape of the original Highland Meadows East property: the southern line of Outlot B is not parallel with Lot 1, Block 2, the lot bordering the west side of the plat. A variance for lot depths is unavoidable if the property is to subdivide because dividing the property requires the new lots to front on 791h St. Lot Width: On the Crystal Cove plat, Lot 2 is approximately five feet short of the minimum lot width. The review for the Planning & Zoning Board discussed decreasing the width of Lot 1 in an attempt to increase the width of Lot 2. This was examined by the developer. Decreasing the width of Lot 1 down to 80' would reduce its area below 10,800 sf because it is not a rectangular lot. In order to keep two of the lots at the minimum area, it is necessary that Lot 2 is smaller than the minimum. This is all caused by the irregular shape of the property and the acute angle of the street intersection. Lot Area: Lot 2 does not meet the minimum of 7500 sf. Because of the irregular shape of the site, it is not possible to meet the minimum. Though Lot 3 has excess area and width, the 40' setback from Lake Drive prevents moving everything to the east. It is better to maintain the Lake Drive setback and reduce the lot size than move the structure closer to the road —a principal arterial. For these reasons, staff supports variances on lot width, depth, and area. Variance Findings of Fact: In considering all requests for variance or appeal and in taking subsequent action, the City shall make a finding of fact: a. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. b. That the plight of the landowners is due to physical circumstances unique to his property not created by the land owner. c. That the hardship is not due to economic considerations alone if reasonable use for the property exists under the terms of the ordinance. d. That granting the variance requested will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. e. That the proposed actions will be in keeping with the spirit and intent of the ordinance. The irregular shape of site prevents the subdivision of the property in a way that would meet the minimum lot dimensions in the zoning ordinance. The acute angle formed by the intersection of 79t1' St. and Lake Drive create a particularly large area that is not buildable because of the setbacks from the roads. It is reasonable to develop the site in conformance with the land use category of the comprehensive plan. It is unlikely that other properties in the area are so irregularly shaped. • • Crystal Cove page 6 Streets: The proposal requires no new streets. It is common to require the dedication of additional right of way. Thirty feet of right of way was acquired for 79th St. as part of the Highland Meadows East plat. An additional 10 feet is needed to complete the Lake Drive right of way: 60 feet from the centerline. (Ten feet would be acquired on the east side of Lake Drive if and when land there subdivides.) A right of entry should be dedicated to Anoka County on the final plat to prevent new accesses onto that arterial road. Utilities: Public water and sanitary sewer exist both in 79th St. and Lake Drive. Whether it is better to connect in 79th or Lake Drive, and how best to make those connections, is being examined. As with any plat, workable plans will be required. Grading and Drainage: The lots will drain to the stormwater facilities in the existing roadways. Specific grading contours will be required prior to final plat approval. An existing storm sewer pipe crosses the extreme northeast corner of the site. This serves to connect an existing pond on the north side of 79th St. to the stormwater facilities in Lake Drive. The exact location of this pipe has not been determined, nor has it been determined if an easement for it exists. This must be resolved prior to final plat approval. On a larger project, the City would require that these utility and stormwater issues be addressed with the submittal. Because of the small scope of this plat, staff is comfortable that the contours, exact stub locations, size of pipes, and location of a culvert in the very corner of a site will be resolved prior to fmal plat approval. Park Dedication: At the time of the Highland Meadows East plat, the City collected park dedication fees for the four new house lots created by that plat. The City did not collect park dedication for Outlot B or Outlot A. As stated in the staff report at the time, park dedication for these outlots is to be addressed when they are platted. The cash dedication is $1665 per dwelling unit. The creation of three new dwelling units requires park dedication of $4,995. This will be collected with the development agreement financial securities. PLANNING & ZONING BOARD The P & Z held a public hearing on August 13. The Board recommended approval with conditions. Conditions not already resolved are listed in Resolution 03 -141. • • • Crystal Cove page 7 OPTIONS 1. Approve the first reading of Ordinance No. 18 -03, rezoning the eastern portion of the site from R -1 to R -2. 2. Approve Resolution No. 03 -141, approving the variances for lot depth, lot width, and lot area, and approving the preliminary plat. 3. Return to staff with direction. RECOMMENDATION Options 1 and 2 This review is based on the following: Preliminary Plat and Drainage Plan for Crystal Cove, revised August 27, 2003 • • • CITY OF LINO LAKES ORDINANCE NO. 18 -03 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF LINO LAKES BY REZONING CERTAIN REAL ESTATE FROM R -1, SINGLE FAMILY RESIDENTIAL, TO R -2, TWO FAMILY RESIDENTIAL, FOR LOTS 2 AND 3 OF THE CRYSTAL COVE 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 site is guided for Medium Density Residential use, at 3 -6 units per acre. The project is consistent with the units /per year limit of the growth management policy. The comprehensive plan does promote the creation of housing variety. A two - family structure is consistent with this goal. The site is within the existing MUSA and will not exceed growth targets. 2. The proposed use is or will be compatible with present and future land uses of the area. The one duplex structure does not pose a compatibility problem with existing nearby homes. According to the comprehensive plan, future development to the south will be at a similar density: 3 -6 units /acre. 3. Upon compliance with the conditions of approval set forth in Resolution 03 -141, the proposed use will conform with performance standards contained in the subdivision and zoning ordinances and other requirements. 4. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. Both water and sanitary sewer service are available in 79th St. on the north side of the site and in Lake Drive. The systems have adequate capacity. 5. Traffic generation by the proposed use is within capabilities of streets serving the property. The creation of three dwelling units will not overburden the roads. No new roads are proposed or necessary to serve this three -unit development. • 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 -1 to R -2, pursuant to the provisions of the Zoning Ordinance of the City of Lino Lakes, land included in Lot 2 and Lot 3 on the plat for Crystal Cove. 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 Ordinance 18 -03 page 2 • CITY OF LINO LAKES RESOLUTION NO. 03-141 RESOLUTION APPROVING A PRELIMINARY PLAT AND VARIANCES FOR THE CRYSTAL COVE DEVELOPMENT WHEREAS, the City has received applications for developing an area known as Crystal Cove; and WHEREAS, a public hearing was held before the Planning & Zoning Board on August 13, 2003; and WHEREAS, the proposed preliminary plat meet the requirements of the City's Growth Management, Zoning and Subdivision Ordinances; and WHEREAS, the City Council approved Ordinance 18 -03 rezoning the eastern portion of the site to R -2; NOW, THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes hereby approves the preliminary plat for Crystal Cove, including variances, with the following conditions: 1. Ten feet of right of way shall be dedicated to Anoka County for Lake Drive. This shall be included on the final plat. 2. Variances are approved for lot depth for all three lots, and for lot width, and lot area for Lot 2. The lots shall be final platted in substantial conformance with the preliminary plat. 3. Park dedication of $4,995 shall be paid: $1665 per dwelling unit. 4. Plans for connecting to sanitary sewer and water must be submitted for City Engineer review prior to final plat approval. 5. The location of and need for an easement for the existing stormwater facility between Lake Drive and the pond north of 79th St. shall be determined prior to final plat approval. If needed, this easement shall be dedicated on the fmal plat. 6. Proposed grading contours shall be shown on a revised plan prior to final plat approval. 7. The resolution shall not be in effect until Ordinance 18 -03 is in effect. 8. Right of entry shall be dedicated to Anoka County along Lake Drive on the final plat. • • • 9. This approval is based on the Preliminary Plat and Drainage Plan for Crystal Cove, revised August 27, 2003, and supporting documentation: Passed by the Lino Lakes City Council this day of 2003. Al" 1'BST: Ann Blair, City Clerk John J. Bergeson, Mayor Resolution 03 -141, page 2 • /VA i.['...77.1=11.LL 1111211111111111 ■ /0 34 mem rro9 ZAIRE ELFJAENTARY m s- c— roo L - " — All}ilf.;111216.611 - Q PC,IF IIIMIOEf�5 -E suIeI� � ®■ ■■ l ' WAY —a... will ���gmmoQ: RM7123 AI ,■ ®FM®Iw�EUra _mo o _/ Q 0e e © v. ©`: 00714itirrin: u 2 a f Awns � w r /■ 1 OAtiftiI ri mE20 a�s� Q�p bitaILIVEgipmz 0°4gym � �' �.�T . © ©0 ■© ©0000 �,� . ����� � `_ � — � .•L o 0o ar : X20 NliiIiIiu!iIulu::I:- ..:.........: 3 ° i?.133:� •it•I. II ,z #4iid kilil II . ti Ismini" ... EEO Al LIKEN am° 1111 v �a.,�0 Ei �0r0.7.i Cq -41. 1111 II -� = trA7 0 411111oc ►�s, MEN �Ow -GBUNi9- --NW R!6## -I OF WA* T LINO ..y • PROPOSED LAND USE PLAN LINO LAKES COMPREHENSIVE PLAN Performance Low Density Sewered Residential Commercial PSP Medium Density Sewered Residential Public /Semi - Public Low Density Unsewered Residential a) 47. •esic.' 41'N 04. 52 I • I "41/4, -1 • 'V • '44 — ) 0 • Lc: 1 1111••• MI II Era WO 11 s Aim ,, osese IMINN AM ANIMISM IwsANIII3SNOW SIAM k N O \ STAFF ORIGINATOR: C. C. MEETING DATE: TOPIC: VOTE NEEDED: AGENDA ITEM 7 C Jeff Smyser September 8, 2003 Miller's Crossroads, Bruggeman Properties i. First Reading, Ordinance No. 19 -03 Rezoning From R -3 to LB ii. First Reading, Ordinance No. 20 -03 Rezoning From R -1 and R -3 to R -3 PUD iii. Resolution 03 -142 Preliminary Plat/PUD Development Plan, and iv. Resolution 03 -143 Conditional Use Permit for Daycare. in LB zone 4/5 for Ord. 19 -03, rezone from R -3 to LB 3/5 for Ord. 20 -03, rezone from R -1 to R -3 PUD 3/5 for Resolution 03 -142 3/5 for Resolution 03 -143 BACKGROUND The Bruggeman Properties proposal includes 152 townhomes and a 13,000 sf commercial building. To proposal would require the following approvals: 1. Rezoning of the proposed commercial site from R -3, Medium Density Residential to LB, Limited Business 2. Rezoning of the proposed residential portion of the site from R -1, Single Family Residential and R -3, Medium Density Residential to R -3 Planned Unit Development 3. Preliminary Plat/PUD Development Plan 4. Conditional Use Permit for a commercial daycare facilities in the LB zone. The rezoning actions have been broken out into two separate votes. Rezoning from residential to commercial requires a 4/5 vote. Rezoning from one residential zone to another requires only a 3/5 vote. The residential PUD portion of the proposal includes land currently zoned both R -1 and R -3. Bruggeman page 2 ANALYSIS Comprehensive Plan, Land Use, Zoning The site is within the existing MUSA and the Stage 1 growth area (pre- 2010). The majority of the site is guided for Medium Density Residential, at 3 -6 units per acre. The residential portion of the proposal complies with this density. The northwest corner of the site is guided for Commercial use. The following is a summary of the proposal: acres Gross Site Area 33.3 Birch & Hodgson ROW 3.3 Gross Area 30.0 Commercial 1.7 Residential 28.3 Wetlands 2.3 Upland Area 26.0 Total Residential Units 152 Net Residential Density 5.85 units per acre 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 R -1 and R -3 Site agriculture Medium Density Residential and Commercial North commercial (across Birch St.) Commercial GB South residential Low Density Unsewered Residential R -1 East residential Low Density Sewered Residential R -1 West residential (across Hodgson Rd.) Low Density Unsewered Residential R -1 Growth Management Policy: The City's growth management policy includes several provisions. Provisions that are relevant to this individual project are addressed here. • Development within the existing MUSA is preferable to expanding the development area of the city by granting MUSA reserve acres. The Bruggeman site is within the existing MUSA. Growth prior to year 2010 shall occur only within Stage 1 areas. The site is within a Stage 1 area. Bruggeman page3 • Premature development, as defined in the subdivision ordinance, shall not be allowed. The proposal is consistent with the land use map in the comprehensive plan. Adequate sanitary sewer and water service are available to the site. Stormwater management design will be required to comply with federal, watershed district, and city design standards. The growth goals are discussed below. The road infrastructure is discussed under the preliminary plat heading: this project will contribute toward improving a deficient intersection at Birch and Hodgson. • The City won't approve a preliminary plat if the first phase could not be final platted within one year. The Bruggeman project could final plat phase one this year, as shown in the table below. The growth policy establishes annual limits on allocation of MUSA reserve and the number of new units that can be platted. All projects greater than 50 units must have a phasing plan, and The target is 50 units in each annual phase. The site is within the existing MUSA, so no MUSA reserve allocation is needed. The target for the number of new units to be platted is relevant. The policy target is to approve phasing plans that schedule the final platting of 147 lots /dwelling units per year. This is an annual average and it includes all residential growth, both within the existing MUSA and in areas that need MUSA reserve. At City Council discretion, the number of approved lots for a year may vary from the target of 147 by 20 %. However, the pre -2010 total would be reduced accordingly. The total is 1029 from years 2003 to 2009, inclusive: 7 x 147 = 1029. The table below shows the proposed phasing plan for the Bruggeman project and its effect on the phasing plan inventory. LOTS /UNITS Development Name Prelim and Phases Plat Phasing plans by year (lots /units to be final platted) year end 2002 2003 2004 2005 2006 2007 Stoneybrook 2nd Addn 103 51 52 Century Farm North 249 56 65 52 43 33 Ravens Hollow 56 56 Haley Manor (proposed) 10 Crystal Cove (proposed) 3 3 Bruggeman (proposed) 152 50 54 48 minor subdivision Tots 1 total 51 172 175 100 43 33 remaining of 147 . exceeds target of 147 by percent -25 -28 47 104 114 25 28 17% 19% Bruggeman page 4 The proposed phasing plan for this project adheres almost exactly to the target of 50 units per phase. It is closer to the policy than the other two projects with phasing plans for 2003 and 2004. It would fall within the growth management goals if the City Council agrees to utilize the 20% flexibility. The first project to be approved in 2003 under the phasing plan policy, Century Farm North, exceeds the 50- per -phase goal by a significant amount in year 2004. That project had been undergoing review for over a year and was, in effect, caught between the old and new policies. There was no formal growth policy in place before, and now there is. At any rate, that project did fall within both the MUSA and 147 units restrictions, with the 20% flexibility. The Bruggeman project is the first project under the new growth policy that has multiple phases and meets the annual target for an individual project's phasing plan. That is, three 50 -unit phases over three years (plus two units = 152). It is within the existing MUSA and does not require infrastructure extension or MUSA reserve acres. Rezoning Most of the site currently is zoned R -1. The northwest portion of the site is zoned R -3. The proposed commercial lot is smaller than the area currently zoned R -3. Therefore, the area to be rezoned R -3 PUD includes land currently zoned both R -1 and R -3. If rezoned as proposed, the new commercial lot will be Limited Business. The rest of the site will be in the R -3 PUD zone. 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 in the comprehensive plan, as reflected by the land use map: the site is guided for Medium Density Residential and Commercial uses. In fact, the current zoning is inconsistent with the comprehensive plan and the proposed rezoning would correct the inconsistency. The project is consistent with the growth management policy if the 20% flexibility is considered. . The proposed use is or will be compatible with present and future land uses of the area. Bruggeman page 5 The land use map of the comprehensive plan reflects the community's decisions on what type of development should occur in specific locations. The following passages from the comprehensive plan illustrate the supporting reasoning for the decisions that form the basis of the land use map: • The higher density residential areas have been located at the periphery of low density residential neighborhoods along higher functional classification streets in an effort to reduce traffic impacts on low density residential areas. • The higher density residential locations have been utilized as a land use transition between low density neighborhoods and more intense commercial uses, industrial uses, or higher functional classification streets. • The medium and high density residential land uses have been proposed in close proximity to the City's commercial locations as a means of providing convenient access to commercial goods and services, nearby market support for the commercial businesses, and reduced traffic impacts between these land uses. The Comprehensive Plan stresses the integration of commercial and medium density residential land uses. • To reduce compatibility issues between medium and higher density residential and low density residential, the City will formulate performance standards that give attention to setbacks, density transitions, buffering and landscape requirements that will guide future medium and high density residential development. The City utilized these principles in creating the future land use map. The recent revisions to the zoning and subdivision ordinances established performance standards to address buffers and landscaping. Development that complies with the map and standards complies with the compatibility principles upon which the map and standards are based. 3. The proposed use conforms with all performance standards contained herein (in the zoning ordinance). Since the project fulfills the purposes of a PUD, the reduced setbacks discussed below are justified. The project complies with these and other requirements in the zoning and subdivision ordinance. An extensive analysis of the project can be found below under "preliminary plat/PUD ". 4. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. Both water and sanitary sewer service are available in Birch St. on the north side of the site. The systems have adequate capacity. Stormwater management must comply with the requirements of the City and the Rice Creek Watershed District. . Traffic generation by the proposed use is within capabilities of streets serving the property. Bruggeman page 6 The existing problem of a low level of service at the Birch/Hodgson intersection will be improved with this development. This report includes a full discussion of this under the "preliminary plat, streets" heading. The Birch/Hodgson intersection has been a problem for some time because of delays during peak periods. As part of the project approval, Bruggeman and the developer on the north side of Birch have agreed to cooperate in the financing of improvements to the intersection, including turn lanes and traffic signals. Ware Rd. will be realigned on the south side of Birch St. as part of the proposed development project to create a four -way intersection. These two improvements to the present situation are benefits of the project. Preliminary Plat/PUD Development Plan Under the current zoning ordinance, a Planned Unit Development (PUD) can be approved as a conditional use permit in a residential zone. The application includes a request for a PUD in order to allow flexibility from certain requirements. The question for the City to answer is whether the project fulfills the purposes of a PUD. That is, what is gained by the proposed flexibility? As stated in the zoning ordinance: The purpose of this section of the Zoning Ordinance is to provide for the grouping of lots or buildings for development as an integrated, coordinated unit as opposed to traditional parcel by parcel, piecemeal, or sporadic approach to development. This section is intended to introduce flexibility of site design and architecture for the conservation of land and open space through clustering of lots, buildings and activities, which promote the goals outlined in the Comprehensive Plan or serve another public purpose. It is further intended that planned unit developments are to be characterized by central management, integrated planning and architecture, joint and common use and maintenance of parking, open space and d other similar facilities, and harmonious selection and efficient distribution of uses The PUD, by allowing deviation from the strict provisions of this Ordinance related to setbacks, heights, lot area, width and depths, yards, etc., by conditional use permit or a mixture of uses by rezoning to a PUD District, is intended to encourage: 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. . The preservation and enhancement of desirable site characteristics such as existing vegetation, natural topography and geologic features and the prevention of soil erosion. Bruggeman page 7 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. Promotion of a desirable and creative environment that might be prevented through the strict application of City zoning and subdivision regulations. The ordinance also includes a purpose statement for an urban PUD as well as specific requirements. Purposes include: Creation of common open space that provides a unified landscape for the use and enjoyment of the neighborhood community and/or the general public. A variety of urban residential lot sizes, configurations, and neighborhoods. The standards include a minimum of 50% of the land reserved as common open space and that the designated open space shall be exclusive of unit lots and driveways. The design includes 61% open space. The project design fulfills the purposes of a PUD. The design flexibility is justified. Lots: The following table lists the lot requirements in the LB and R -3 zones and information on the proposed project. The base lots are the individual blocks on the plat. The minimum base lot area of 24,000 does not take into account the variety of townhome structures that may include anywhere LB proposed LB site R -3 proposed R -3 PUD lot area 15,000 sf 1.7 ac. base lot area 24,000 sf (8- units) 49,534 to 25,382 (3- & 4- units) 25,367 to 14,400 lot width 100' 247' base lot 100' 110' smallest (Block 16) unit lot 24' 32' smallest (interior units) setbacks local street 30 30' - 25' collector /arterial 40 40'+ 40' 40'+ side 30' 10' rear 60' 30' impervious max. 65% 60% 65% total resid. area 42% The base lots are the individual blocks on the plat. The minimum base lot area of 24,000 does not take into account the variety of townhome structures that may include anywhere Bruggeman page 8 from three to eight or even twelve units. The area for each block was provided. The average for all 27 blocks is just over 24,000 sf per block. This seems a reasonable means of fulfilling the requirement. Setbacks: The plan meets the standard 40' setbacks from Hodgson Rd. (minor arterial), Birch St. (major collector), and Ware Rd. (minor collector). The plan proposes 25' setbacks from internal, local streets, rather than the standard 30'. The applicant promotes the following reasons in support of the reduced setbacks: The central, private recreational open space is a response to recommendations by the P & Z and the City Council. Smaller building setbacks allow for a larger central open area Smaller setbacks allow for greater separation from adjacent properties on the southern border of the site Smaller setbacks allow for shorter driveways. With multiple driveways along the street (some of which are shared and are 40' wide), the decrease in length has a marked, positive visual effect. This also creates less impervious driveway pavement. In considering these reasons, full 30' setbacks would compress the central open space area and the open area on the southern border of the site. In both areas, the proposed ponds would need to be reconfigured slightly. On several buildings, patios built on the building ends would lie within the 25' setback. Decks or balconies can be 20' from the right of way, and slab patios are not subject even to that since they are not raised. As to the small privacy fence typically constructed between such patios, fence height limitations in the zoning ordinance are aimed at single family lots and don't translate well to townhome arrangements whose units do not front on streets. There is no inherent danger with the proposed fence and patio arrangement, though increasing the distance between patio and street would be desirable. Staff recognizes the direct trade off between setbacks and the open areas. The site does not include significant natural resource features to be saved by the additional open space, e.g., oak stands or wetlands. However, the open space areas were incorporated at the City's recommendation, and follow the purposes of a PUD in the creation of at least 50% open space. This justifies the reduced setbacks. Building Design: Residential: The design of the townhomes typically is reviewed as part of the site and building plan, which is an administrative review. Because the structures themselves may be of interest as part of the PUD design, the information is presented here. The front facades include vinyl siding and stone veneer with vinyl shakes on gable ends. The sides and rears have no stone, and the sides have only vinyl siding. The zoning ordinance requires 25% of the combined area of all facades of a structure to be brick, Bruggeman page 9 stucco, and/or natural or artificial stone. No single building facade shall have more than 75% of one type of exterior finish, except for brick, stucco, or stone. The structures are not consistent with these requirements. Resubmitted elevations include additional detailing: stone veneer around the base of the buildings, shutters on the second floor windows, and moldings in the patio doors. There also is a small penthouse for sprinkler equipment on building ends. The ordinance states that townhomes without basements must have garages of 540 sf. The floor plans indicate that the garages do not meet this requirement, though they are two -car garages similar in size to other townhomes in the community. Purposes of a PUD include "innovation that address growing demands for all styles of economic expansion, greater variety in type, design, architectural standards" and the purposes of an urban PUD include "a variety of urban residential lot sizes, configurations, and neighborhoods." As with all townhome developments, a homeowners' association will be needed. By laws must be reviewed by the City Attorney prior to final plat consideration. Commercial: The commercial building exterior includes a stone base, painted "hardi- plank" lap siding, vinyl shakes on the gable ends, and prehung vinyl windows. Decorative painted wood columns and a small trellis along the roof line add some detail. The materials generally match those proposed for the residential structures. The building meets the commercial building materials requirements. The building elevation shows a painted wood sign band. The sign plan submitted August 28, 2003, shows this sign band as EIFS. The EIFS is acceptable, and must be incorporated into the building design. The signage plan addresses the needed information and is acceptable. The only missing information is the location of the commercial monument sign. This can be reviewed with the sign permit application. ShoreIand: The western portion of the site is within 1000' of the ordinary high water level of Baldwin Lake, which puts it in the shoreland overlay. The issue here is impervious surface. For commercial development in a shoreland, the impervious maximum is 60 %. The commercial area is 59% impervious. The residential maximum is 35 %, and the residential area within the shoreland is 30 %. Streets: One important criteria for new development is whether or not the project is premature due to inadequate transportation infrastructure. If the infrastructure is inadequate, it must be improved to ensure it can accommodate the new development. As explained here, major improvements to the surrounding roadways are necessary to accommodate the project. These improvements would occur with the project. The improvements would serve to correct an undesirable pre- existing situation as well Site Access Points: The plan includes three accesses to surrounding roadways: Bruggeman page 10 • A full access to Hodgson Rd. is located on the southern portion of the site, just north of the wetland and proposed pond. • A right -in, right -out access to Birch St. will be created on the north side of the project site. This access is approximately half way between Hodgson and Ware Roads, minimizing conflict as much as possible. • A full access to Ware Rd. on the east side will align with Arrowhead Drive, creating a complete 4 -way intersection. This is a positive design element as it utilizes the location of an existing access point rather than creating another one. The spacing is good, approximately 'A mile from Birch St. Right of entry should be dedicated to Anoka County along both Hodgson Rd. and Birch St. to prevent additional accesses to those roads. This should be dedicated on the final plat. Internal Streets: Within the site, the streets create a loop with three access points to external roads. Overall, the internal circulation is good. The one concern is the offset between the commercial driveway and the loop street. However, this conflict point is about 150' from Birch St. and the Birch St. access is right - in/out only. The commercial driveway utilizes the narrowest part of the wetland to minimize impacts on the wetland. The offset is not a desirable situation, but it may be the best possible given the site constraints. Ware Road Realignment: At the northeast corner of the site, Ware Rd. will be realigned to create a four -way intersection: Ware Rd. coming up from the south will align with the new Ware Rd. on the north side of Birch St. in the Sprit Hills development. Birch/Hodgson Intersection: The Birch/Hodgson intersection has been a problem for some time because of delays during peak periods. A traffic study was conducted in 2002 for the Sprit Hills commercial development. The study concluded that the southbound approach of Hodgson at Birch currently operates at an unacceptable level of service. It would continue to do so regardless of the Spirit Hills commercial development, and would get worse with the development. Traffic operations are not expected to improve until the intersection is reconstructed with turn lanes and a traffic signal, which would significantly improve the overall traffic flow in the area. The Bruggeman development would generate additional traffic. To gauge the effect, it should be compared to the existing and post -Sprit Hills peak hour movements for the intersection. The table below compares data from a preliminary analysis of the Bruggeman project by TKDA to data from the previous study. Bruggeman page 11 Turning Movement Volumes P.M. Peak Hour total pre- existing (URS study) total with Spirit Hills commercial (URS study) added by Bruggeman (TKDA study) south -bound Hodgson left turn onto east Birch 412 502 straight south on Hodgson 135 99 north -bound Hodgson 28 total right turn onto east Birch 228 223 straight north on Hodgson 348 383 west -bound on Birch turn right onto north Hodg. 356 335 21 turn left onto south Hodg. 150 191 25 The Anoka County Highway Dept. reviewed the Spirit Hills commercial project and the Bruggeman project in November and supported the signalization and turn lanes for the intersection. Anoka County subsequently provided a design for roadway improvements to accommodate both projects. The improvements will include: • traffic signals at Birch and Hodgson • Hodgson southbound through lane • left turn lane from southbound Hodgson to eastbound Birch • Hodgson northbound through lane • right turn lane from northbound Hodgson to eastbound Birch • right turn lane from westbound Birch to northbound Hodgson • left turn lane from westbound Birch to southbound Hodgson • right turn lane into the project from northbound Hodgson at the Hodgson access left turn lane into the project from southbound Hodgson at the Hodgson access • right turn lane into the project from eastbound Birch at the Birch access (right-in- right-out only) • right turn lane from eastbound Birch to southbound Ware • left turn lane from eastbound Birch to northbound Ware • Birch eastbound through lane at Ware • right turn lane from westbound Birch to northbound Ware • left turn lane from westbound Birch to southbound Ware Birch westbound through lane at Ware As part of the project approval, Bruggeman and the developer of Spirit Hills commercial will cooperate with the County and City to finance these improvements. A feasibility study, paid for by the two developers, is underway. The City Engineer has worked with the Anoka County Highway Dept to determine the specific improvement details. Costs have yet to be determined. Bruggeman page 12 Parking: For the commercial building, 65 parking stalls are required (1 per 200 sf). The plan provides 65 with the potential for 16 more. The residential requirement is 2.25 off street spaces per unit. These are provided in the garages and driveways. Guest parking would be accommodated in the private drives and streets. Utilities: Public water and sanitary sewer exist in Birch St. and water will loop to Hodgson Rd. The City Engineer review is attached. Lighting: Information on lighting fixtures for the commercial site have been supplied. It is not clear which fixtures are proposed. Staff will revisit this with the developer to ensure that only fixtures with a 90 degree cutoff angle are allowed. Stormwater Management and Wetlands: Several wetlands exist on the site. Mitigation must be approved by the Rice Creek Watershed District. Stormwater ponding must include the capacity to accommodate the additional roadways, including improvements to Hodgson and Birch. The City Engineer review is attached. Park Dedication: The Park Board recommends cash park fees with credit given for the private park area. As noted in the attached memo from the Public Services Director, the Board recommends that "the proposed recreation area remain private with an undetermined percentage of credit given for development of the park area an trails to be determined by the City Council." According to the ordinance, park dedication would be calculated as follows: 152 units x $1665 = $253,080, less credit for the private park area The credit for the park area needs to be determined. The question has been raised over whether or not the central open area should be dedicated as public park area. The Park Board said it should be a private park, since it is not designed to accommodate public use. The P & Z recommended it be a public park. Staff concurs with the Park Board. Since the general public is not able to use the private area but the new residents could use the public parks, the City should not give 100% credit for the park area as if it were public parkland. The Park Board left this question unanswered. Mr. DeGardner's memo notes that the Hodgson and Birch trails should be constructed with the road improvements. This will occur, with the financial participation of the developer. CONDITIONAL USE PERMIT The conditional use permit is for the commercial site only. Commercial daycare facilities are conditional uses in a Limited Business zoning district. There are standards that apply to every conditional use permit, and specific requirements for daycare facilities. Bruggeman page 13 General CUP Standards: The Planning and Zoning Board shall recommend a conditional use permit and the Council shall order the issuance of such permit only if it finds the following criteria have been met: a. The proposed development application has been found to be consistent with the policies and recommendations of the Lino Lakes Comprehensive Plan including: 1) Land Use Plan. 2) Transportation Plan. 3) Utility (Sewer and Water) Plans. 4) Local Water Management Plan. 5) Capital Improvement Plan. 6) Policy Plan. 7) Natural Environment Plan. The comprehensive plan's future land use map guides the commercial site for commercial use. The road improvements will accommodate the larger development as well as the 13,000 sf commercial building. Sanitary sewer, water, and stormwater management will meet all requirements. The commercial development is consistent with commercial policies in the comprehensive plan. b. The proposed development application is compatible with present and future land uses of the area The commercial site fulfills the comprehensive plan's design to have the intersection become a commercial area and is compatible with the commercial development on the north side of Birch St. The commercial building provides commercial services to the existing and newly proposed residential development. . The proposed development application conforms to performance standards herein and other applicable City Codes. The commercial site complies with zoning requirements. d. Traffic generated by a proposed development application is within the capabilities of the City. As described in the analysis of roadways under the preliminary plat heading, above, the roadways will be improved in such a way that they will accommodate the proposed development and correct an existing undesirable situation. e. The proposed development shall be served with adequate and safe water supply. City water is available to the project.. f. The proposed development shall be served with an adequate and safe sanitary sewer system. Bruggeman page 14 City sanitary sewer service is available to the project. g. The proposed development shall not result in the premature expenditures of City funds on capital improvements necessary to accommodate the proposed development. The City will not be responsible for any premature capital improvements. h. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. No such uses will occur on the commercial site. i. Will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. The site has been part of a farm for many years. No significant features are on the site Specific conditions for commercial day care facilities: a All requirements of the Minnesota Department of Health and Human Services, as may be amended, are satisfactorily met and the structure and operation is licensed accordingly. Commercial daycare facilities must acquire licensing. b. Screening is provided along all shared property lines. Such required fencing and screening shall be in compliance with the applicable provisions of Section 3, Subd. 4.Q of this Ordinance. The landscaping plan should have additional screening. Staff will work with the developer to address this c. Adequate off- street parking is provided in a location separated from any outdoor play area(s). The plan includes the required number of parking stalls. They are on the north side of the building and the play area is on the south side. d. Adequate off - street loading spaces in compliance with Section 3, Subd. 6 of this Ordinance. A separate loading area is not necessary for this building. ENVIRONMENTAL BOARD Board comments from January review of the original project submittal are attached. Review of stormwater design is a vital aspect of development and is being handled by the City Engineer. - The project no longer includes a motor fuel station. Bruggeman page 15 PLANNING & ZONING BOARD The P & Z held a public hearing on August 13 and recommended approval with conditions. These conditions have been incorporated into Resolutions 03 -142 and 03- 143, except for one relating to garage size: "Garage sizes shall be subject to City Council approval." The size of the garages are less than the ordinance requirement, though the garages are typical for townhomes and similar to those in existing townhome developments in Lino Lakes. Staff believes this is an acceptable allowance for the PUD. OPTIONS 1. Approve Ordinance 19 -03 rezoning of the commercial site to LB Limited Business. 2. Approve Ordinance 20 -03 rezoning of the residential area to R -3 PUD. 3. Approve Resolution 03 -142, which approves the preliminary plat/PUD plan. 4. Approve Resolution 03 -143, which approves the conditional use permit for a commercial daycare facility in a Limited Business zone. 5. Return to staff with direction. RECOIVIlVIENDATION Options 1, 2, 3, and 4 This review is based on the following: Preliminary plat, revision date 7/1/03 Proposed grading plan, revision date 7/1/03 Proposed utility plan, revision date 6/23/03 Yield plan, revision date 6/23/03 Landscaping plan, revised 8/27/03 Site plan, commercial lot, 6/9/03 Building elevations, revised, 8/27/03 Floor plans, received 7/3/03 Photometric plan, 7/9/03 Lighting fixture fax, 7/30/03 CITY OF LINO LAKES ORDINANCE NO. 19-03 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF LINO LAKES BY REZONING CERTAIN REAL ESTATE FROM R -3, MEDIUM DENSITY RESIDENTIAL TO LB, LIMITED BUSINESS FOR THE MILLER'S CROSSROADS 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 in the comprehensive plan, as reflected by the land use map: the site is guided for Commercial uses. In fact, the current zoning is inconsistent with the comprehensive plan and the proposed rezoning would correct the inconsistency. 2. The proposed use is or will be compatible with present and future land uses of the area. The land use map of the comprehensive plan reflects the community's decisions on what type of development should occur in specific locations. The site is guided for commercial uses. Existing and anticipated future land uses in the area are considered compatible with the proposed uses. 3. Upon compliance with the conditions of approval set forth in Resolutions 03 -142 and 03 -143, the proposed use will conform with performance standards contained in the zoning ordinance, subdivision ordinance, and other requirements. 4. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. Both water and sanitary sewer service are available in Birch St. The systems have adequate capacity. The City and Rice Creek Watershed District will ensure that stormwater management will comply with the requirements of the City and the Watershed. As part of the project approval, Bruggeman and the developer on the north side of Birch have agreed to cooperate in the financing of improvements to the intersection, including turn lanes and traffic signals. The existing problem of a low level of service at the Birch/Hodgson intersection will be improved with this development. When these improvements are completed, traffic generation by the proposed use will be within capabilities of streets serving the property. 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, pursuant to the provisions of the Zoning Ordinance of the City of Lino Lakes, by rezoning from R -3, Medium Density Residential, to LB, Limited Business, the following described real estate: and to be platted as Block 12, Miller's Crossing 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 John J. Bergeson, Mayor ATTEST: Ann Blair, City Clerk Ordinance 19 -03, page 2 CITY OF LINO LAKES ORDINANCE NO. 20-03 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF LINO LAKES BY REZONING CERTAIN REAL ESTATE FROM R -1, SINGLE FAMILY RESIDENTIAL AND R -3, MEDIUM DENSITY RESIDENTIAL TO R -3 URBAN RESIDENTIAL PLANNED UNIT DEVELOPMENT (PUD) FOR THE MILLER'S CROSSROADS 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: 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 in the comprehensive plan, as reflected by the land use map: the site is guided for Medium Density Residential uses. In fact, the current zoning is inconsistent with the comprehensive plan and the proposed rezoning would correct the inconsistency. The project is consistent with the growth management policy if the 20% flexibility is considered. 2. The proposed use is or will be compatible with present and future land uses of the area. The land use map of the comprehensive plan reflects the community's decisions on what type of development should occur in specific locations. The site is guided for medium density residential uses. Existing and anticipated future land uses in the area are compatible with the proposed uses. 3. Upon compliance with the conditions of approval set forth in Resolution 03 -142, the proposed use will conform with performance standards contained in the zoning ordinance, subdivision ordinance, and other requirements. The PUD allows flexibility, and since the project fulfills the purposes of a PUD, the flexibility is justified.. 4. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. Both water and sanitary sewer service are available in Birch St. on the north side of the site. The systems have adequate capacity. The City and Rice Creek Watershed District will ensure that stormwater management will comply with the requirements of the City and the Watershed. 5. As part of the project approval, Bruggeman and the developer on the north side of Birch have agreed to cooperate in the financing of improvements to the intersection, including turn lanes and traffic signals. The existing problem of a low level of service at the Birch/Hodgson intersection will be improved with this development. When these improvements are completed, traffic generation by the proposed use will be within capabilities of streets serving the property. 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, pursuant to the provisions of the Zoning Ordinance, by rezoning from R -1, Single Family Residential and R -3, Medium Density Residential, to R -3 Planned Unit Development, the following described real estate: land to be platted as Miller's Crossing, except for Block 12 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 John J. Bergeson, Mayor ATTEST: Ann Blair, City Clerk Ordinance 20 -03, page 2 CITY OF LINO LAKES - RESOLUTION NO. 03-142 RESOLUTION APPROVING A PRELINIINARY PLAT/ PLANNED UNIT DEVELOPMENT PLAN FOR MILLER'S CROSSING WHEREAS, the City has received applications for developing an area known as Miller's Crossing; and WHEREAS, the development requires approval of a preliminary plat/planned unit development plan; and WHEREAS, a public hearing was held before the Planning & Zoning Board on August 13, 2003; and WHEREAS, the proposed 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 19 -03 rezoning a portion of the site to Limited Business; and WHEREAS, the City Council approved Ordinance 20 -03 rezoning a portion of the site to R -3 Planned Unit Development; NOW, THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes hereby approves the preliminary plat/planned unit development plan for Miller's Crossing with the following conditions: 1. Developer must construct or participate in the improvements to Ware Road, Birch Street, and Hodgson Road, as appropriate, including traffic signals at Birch and Hodgson intersection. Specific costs and participation shall be determined prior to City Council review of a final plat. 3. It must be verified that the proposed stormwater ponds will accommodate the ultimate CSAH 49 roadway improvements prior to City Council review of a final plat. 5. Additional landscaping /screening shall be added to the commercial site along Hodgson Road as indicated on the 8/27/03 landscape plan. 6. Signage for the commercial site shall comply with the Miller's Crossroads Sign Plan, received August 28, 2003. The location of the commercial monument sign shall be reviewed with a sign permit application. All signs require a sign permit. The residential association by laws must address ownership and maintenance of the community monument signs and sign landscaping. 7. Exterior lighting fixtures must be 90 degree cutoff fixtures: this shall be verified prior to City Council review of a final plat. Issues discussed in the July 24, 2003 TKDA memo must be addressed to the satisfaction of the City Engineer. 9. Masonry shall be included on all elevations of the residential structures, as indicated on the 8 /27/03 revised building elevations. 10. Lighting fixtures on the commercial site shall have a 90 degree cutoff angle. 11. Homeowners' association by laws must be reviewed by the City Attorney prior to final plat consideration. The by laws must include a funding mechanism to ensure that any private recreation facility for which the City granted a credit toward park dedication is maintained as a recreation facility. The by laws also must address ownership and maintenance of the community monument signs and sign landscaping. 12. Right of entry shall be dedicated to Anoka County along Hodgson Rd. and Birch St. on the final plat. 13. This resolution shall not be effective until the rezoning approved by Ordinances 19- 03 and 20 -03 are in effect. 14. This approval is based on the following plans and information, and supporting documentation: Preliminary plat, revision date 7/1/03 Proposed grading plan, revision date 7/1/03 Proposed utility plan, revision date 6/23/03 Yield plan, revision date 6/23/03 Landscaping plan, revised 8/27/03 Site plan, commercial lot, 6/9/03 Building elevations, revised, 8/27/03 Floor plans, received 7/3/03 Photometric plan, 7/9/03 Resolution 03 -142, page 2 Passed by the Lino Lakes City Council this day of 2003. John J. Bergeson, Mayor ATTEST: Ann Blair, City Clerk Resolution 03 -142, page 3 CITY OF LINO LAKES RESOLUTION NO. 03-143 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A COMMERCIAL DAYCARE FACILITY IN A LIMITED BUSINESS ZONING DISTRICT WHEREAS, the City has received an application for a conditional use permit for a commercial daycare facility; and WHEREAS, the City Council makes the following findings: WHEREAS, a commercial daycare facility is listed in the zoning ordinance as a conditional use in an LB, Limited Busienss zoning district. WHEREAS, a public hearing was held before the Planning & Zoning Board on August 13, 2003; and WHEREAS, the City Council approved Ordinance 19 -03 rezoning the site to Limited Business; and WHEREAS, the City Council approved Resolution 03 -142 approving a preliminary plat/PUD development plan that includes the commercial site; and WHEREAS, the proposed project meets the criteria for conditional use permits listed in the zoning ordinance as follows: General CUP Standards: a. The proposed development application has been found to be consistent with the policies and recommendations of the Lino Lakes Comprehensive Plan including: Land Use Plan, Transportation Plan, Utility (Sewer and Water) Plans, Local Water Management Plan, Capital Improvement Plan, Policy Plan, Natural Environment Plan. The comprehensive plan's future land use map guides the commercial site for commercial use. The road improvements will accommodate the larger development as well as the 13,000 sf commercial building. Sanitary sewer, water, and stormwater management will meet all requirements. The commercial development is consistent with commercial policies in the comprehensive plan. b. The proposed development application is compatible with present and future land uses of the area The commercial site fulfills the comprehensive plan's design to have the intersection become a commercial area and is compatible with the commercial development on the north side of Birch St. The commercial building provides commercial services to the existing and newly proposed residential development. The proposed development application conforms to performance standards herein and other applicable City Codes. The commercial site complies with zoning requirements. d. Traffic generated by a proposed development application is within the capabilities of the City. The roadways will be improved in such a way that they will accommodate the proposed development and correct an existing undesirable situation. The proposed development shall be served with adequate and safe water supply. City water is available to the project.. The proposed development shall be served with an adequate and safe sanitary sewer system. City sanitary sewer service is available to the project. g. The proposed development shall not result in the premature expenditures of City funds on capital improvements necessary to accommodate the proposed development. The City will not be responsible for any premature capital improvements. h. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. No such uses will occur on the commercial site Will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. The site has been part of a farm for many years. No significant features are on the site. NOW, THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes hereby approves a conditional use permit for a commercial daycare facility with the following conditions: 1. All requirements of the Minnesota Department of Health and Human Services, as may be amended, shall be satisfactorily met and the structure and operation shall be licensed accordingly. 2. Screening is provided along all shared property lines. The landscaping plan shall have additional screening prior to final platting of the site 3 Adequate off - street parking is provided in a location separated from any outdoor play area(s), as indicated in the approved plans: parking stalls are on the north side of the building and the play area is on the south side. Resolution 03 -143, page 2 4. A signage plan for the commercial site shall be prepared. 5. This resolution shall not be in effect until Ordinance 19 -03 rezoning the site to Limited Business is in effect, because no commercial uses can be allowed unless the site is properly zoned for such uses. 6. This resolution shall not be in effect until the site has final plat approval because the commercial lot will not be created until the final plat is approved. Passed by the Lino Lakes City Council this day of 2003. John J. Bergeson, Mayor ATTEST: Ann Blair, City Clerk Resolution 03 -143, page 3 TKDA ioENGINEERS • ARCHITECTS • PLANNERS MEMORANDUM 1500 Piper Jaffrey Plaza 444 Cedar Street Saint Paul, MN 55101 -2140 (651) 292 -4400 (651) 292 -0083 Fax www.tkda.com To: Jim Studenski, Lino Lakes Engineer Reference: Bruggeman Properties Development Copies To: Traffic Study Comm. No. From: Jeremy M. Gorden Routing: Date: 8 -07 -03 12701 -002 This memo is in regards to how the proposed Bruggeman Properties development will affect the adjacent roadways including the planned roadway improvements to the intersection of Hodgson Road and Birch Street. It is my understanding that the proposed Bruggeman Properties development will be located in the southeast quadrant of the Hodgson Road/Birch Street intersection, with Hodgson. Road serving as its western Aik boundary, Birch Street serving as its northern boundary, and Ware Road as its eastern boundary. The Ipp development will consist of 158 town home units and a single building which will house a daycare center and will also have spaces available for both offices and retail locations. The development will have three access points. Two of the access points will allow all turning movements to occur, one abutting Hodgson Road and the other abutting Ware Road, and the remaining access point will have only right -in, right -out capabilities, located on Birch Street. ti• Having referenced the Institute of Transportation Engineers Trip Generation Handbook for the proposed development land uses, this development will not generator the amount of traffic that will adversely affect the adjacent roadways. Hodgson Road/Birch Street Intersection The planned roadway improvement for the intersection will consist of adding an exclusive right turn lane on northbound Hodgson Road, and adding exclusive left turn lanes on both southbound Hodgson Road and westbound Birch Street. In the worst case situation, the proposed development would add 25 new southbound left turning vehicles and 21 new northbound right- turning vehicles on Hodgson Road during the PM peak hour. Birch Street/Right -In, Right -Out access to development The proposed development would add 54 vehicles turning into the development and add 26 vehicles turning out of the development during the PM peak hour. Hodgson Road/Full Access Point The proposed development would add 21 northbound right turning vehicles turning into the development from Hodgson Road, 35 westbound left turning vehicles, and 28 westbound right turning vehicles turning out of the development during the PM peak hour. An Employee Owned Company Promoting Affirmative Action and Equal Opportunity • Memo Page 2 8 -07 -03 Bruggeman Properties Ware Road/Full Access Point The proposed development would add 25 southbound right turning vehicles entering the development from Ware Road, and 2 eastbound left turning vehicles exiting from the development during the PM peak hour. It is my opinion that the proposed development will add traffic to the adjacent roadways, but the roadways will be able to handle the increase in traffic with little or no problems with the proposed improvements to Hodgson Road and Birch Street. SCHITNS TKDA MEMORANDUM To: James Studenski, City Engineer Copies To: From: Scott A. Brink, P.E. 1VI.V Date: July 24, 2003 1500 Piper Jaffrey Plaza 444 Cedar Street Saint Paul, MN 55101 -2140 (651) 292 -4400 (651) 292 -0083 fax www.tkda.com Reference: Birch Street Commercial Site (Bruggeman Properties) City of Lino Lakes, Mimesota Comm. No. 12701 -002 Routing: A preliminary Engineering Review for this site was provided in a Memorandum by Pat Windier of TKDA, dated February 4, 2003. This subsequent review is based upon the following: • Preliminary Plat (P1), Utility Plan (U1), Grading and Erosion Control Plan (G1), all developed by Metro Land Surveying and Engineering, dated June 9, 2003, and revised July 2, 2003. 4)Overview The proposed Commercial Site project development generally consists of the construction of a combination of multi- family /residential units, and a day care/office/commercial building on over 33 acres of property. The project site is located between CSAH 49 and Ware Road, just south of Birch Street. The property is generally flat and undulating with combinations of pasture, woodland areas and wetlands, and is undeveloped. The Preliminary Plat divides the proposed development into three (3) phases. Phase I would consist of the day care and commercial construction on the northwest comer of the site, and several townhome units on the south end of the property. Phase I would include all proposed driveway access points, including Birch Street (CSAH 10), Hodgson Road (CSAH 49), and Ware Road. Phase II and Phase III would essentially complete the remaining townhome units on the remainder of the property. General Comments 1. On all plans provided, the streets shown must be provided names /identifications. Some detailed review comments are difficult at this time, as specific locations are somewhat difficult to reference clearly. It is presumed that the proposed streets will be owned and operated by the City of Lino Lakes. 2. Minimum building setback requirements should be confirmed. 3. The proposed development provides for connections to CSAH 49 and CSAH 10, and will therefore require further review, input and approval by Anoka County. Any work within the right -of -way of these roadways will require a permit from Anoka County. An Employee Owned Company Promoting Affirmative Action and Equal Opportunity Birch Street Commercial Review Page 2 July 24, 2003 City of Lino Lakes, Minnesota An initial review of the Preliminary Plat was conducted by the Anoka County Highway Department in a letter dated November 20, 2002, (Jane Pemble, Traffic Engineer). The following key points were made in their initial review: As a result of pending improvements to the intersection of CSAH 49 and CSAH 10, additional right -of -way will be needed by the County along the west and north sides of the proposed development. However, because an actual design had not yet been developed, the extent of right -of -way needed at the time was not known. In addition, trail easements along the County roadways may be required as well. An EB right turn lane from CSAH 10 into the site is required. Also, the letter discussed various intersection and turn lane improvements needed at CSAH 10/Ware Road, CSAH 10 /CSAH 49, and CSAH 49 /Arrowhead. • Intersection sight distance requirements must be maintained in accordance with County requirements. In particular, the Landscaping Plan must allow for proper sight visibilities. The above design issues are currently being reviewed and finalized further by the City of Lino Lakes and Anoka County. Specific designs, scheduling, and cost participations are being jointly discussed and resolved by the City and County. The Developer's Plans will ultimately need to be adjusted accordingly upon final resolution. 4. A detail sheet must be provided showing all applicable City of Lino Lakes standard details and standard plates. This would include water, sanitary sewer, erosion control, roadway, storm sewer, and outlet structure details. 5. As part of the construction, existing structures and facilities shall be removed in accordance with City requirements, including removal of all underground facilities (foundations, septic systems, etc.), and replaced with suitable fill material. Any existing wells shall also be capped in accordance with State of Minnesota requirements: 6. All construction activity shall be performed in accordance with the recommendations provided in the Geotechnical Report (Braun Intertec, July 18, 2002). Generally, the existing soils are fine grained and moisture sensitive, and may be of poor strength or difficult to compact if they become wet during construction. Therefore, some areas (particularly for street construction) may require additional subcutting and replacement with more suitable compactable fill. Recommendations for utility installation (including dewatering) should also be adhered to. In addition, groundwater levels may have an effect upon the holding capacity of the stormwater detention ponds, and should be considered accordingly. Birch Street Commercial Review Page 3 July 24, 2003 City of Lino Lakes; Minnesota • Preliminary Plat Standard drainage and utility easements (5- and 10 -foot widths) shall be provided along all property lines. Drainage and wetland easements shall also be provided to cover all wetland and ponding areas as proposed. All easements shall be platted (shown on the preliminary and final plats). Grading, Drainage, and Erosion Control Plan and Drainage Calculations 1 The proposed Plans will require the review and approval of the Rice Creek Watershed District (RCWD), and the Developer shall submit a permit application accordingly. A copy of the permit application (including a wetland delineation report and drainage calculations) must be provided to the City of Lino Lakes. Drainage calculations were provided in January 2003. However, revised drainage calculations with drainage maps must be provided. 2. According to the City's Comprehensive Drainage Plan, the site area falls into two sub- watershed areas, Rice Lake SW and Baldwin Lake East. The proposed ponding and discharge locations as shown on the Grading Plan generally appear to be in conformance with the Comprehensive Plan, with the exception of Pond B on the northwest part of the site. Pond B is shown discharging north across Birch Street (to Rice Lake) whereas the Plan suggests that it should discharge west (across Hodgson Road) to Baldwin Lake. This issue should also be addressed with the Rice Creek Watershed District as part of their review. If stormwater drainage is intended to be carried north across Birch Street, accommodations for the drainage between Birch Street and Rice Lake must be reviewed further. 3. The Grading Plan (Sheet Gl) must provide additional information prior to construction. Construction notes, typical of grading plans must be provided. These notes would include a legend, provisions for erosion and sedimentation control, provisions for private utilities, references to traffic control and safety requirements (MUTCD), provisions for sweeping and dust control, working hours, and other pertinent information required for construction purposes. Some additional grading and drainage related comments for use in revising the Plans are as follows: Any imported topsoil, fill material, or granular materials to be used as roadway or building pad fill must be approved by the City Engineer (material and source). • Any notes regarding clearing of trees should be revised to include language stating that clearing and grubbing shall be performed in accordance with the requirements of Mn/DOT 2101. • Notes regarding seeding, mulching and turf establishment should refer to the appropriate Mn/DOT Specification for turf establishment (2575) and for the seed mixture specified (3876), or City of Lino Lakes seed specifications as appropriate. Birch Street Commercial Review Page 4 July 24, 2003 City of Lino Lakes, Minnesota • 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. 4. Proposed storm sewer outlet and inlet invert elevations, and drainage structure rim elevations must be shown on the Grading Plan at all locations. 5. Pond outlet details for each outlet area are needed, and can be provided on a Detail Sheet. This information is also needed to verify the pond information in the HydroCAD model. The City of Lino Lakes prefers reverse grade pond outlets over baffled weirs. Utility Plan The Utility Plan submitted at this time provides a general overall design for the utility system (water, sanitary sewer, and storm sewer). Much of the detailed information required for construction Plans has not yet been provided. However, the following general comments can be made regarding the Utility Plan at this time: • 1 Profile sheets, construction notes, service locations, and other pertinent information typical of utility construction Plans shall be provided accordingly. All utility system materials and installation methods shall follow City of Lino Lakes engineering standards, and the requirements of the Standard Utilities Specifications of the City Engineers Association of Minnesota. These requirements must be specified on all Utility Plan sheets, along with additional construction notes that include the following: a legend, provisions for private utilities, references to City of Lino Lakes requirements for utility notifications and shut - downs, traffic control and safety requirements. 2. The proposed Utility Plan provides for work within the right -of -way or street itself for all three surrounding roadways (Birch Street, Hodgson Road, and Ware Road). The Plan must state the following: all work within the County right -of -way, including grading, utility, roadway, and restoration work shall be performed in accordance with the requirements of Anoka County. All bituminous shall be sawcut -to full depth, and traffic control must be provided per the requirements of MUTCD and Anoka County. The City Utility and Street Superintendents must be notified at least 48 hours prior to any work. 3. The Developer shall provide permanent easements for all public utilities not located within the public right -of -way. At this time, it appears that sanitary sewer and water extensions from the main serving multiple units need to be covered by easements, including hydrants. 4. All utility installations shall be performed in accordance with the recommendations of the Geotechnical Report (Braun Intertec, July 18, 2002). 5. Information provided on the Plans for individual services shall be provided, including locations and sizes. Birch Street Commercial Review Page 5 July 24, 2003 City of Lino Lakes, Minnesota • 6. All trenches (including services) shall be backfilled and compacted and meet 100% maximum Standard Proctor Density in the upper 3 -feet from finished road elevation, and 95% maximum Standard Proctor Density below the upper 3 -feet. Watermain The following comments, specific to watermain are provided as follows: 1. The site area is surrounded by existing watermain pipe as follows: 16 -inch (Birch Street), 12 -inch (Hodgson Road), and 8 -inch (Ware Road). The proposed Plan provides for the installation of 8 -inch main throughout the site, and connecting to all three of the above existing mains The proposed Water Distribution Plan for the site is therefore acceptable. All proposed main sizes (8 -inch) and types (D.I.P. CL 52), shall be labeled on the Plan accordingly. Construction activity and restoration of property and roadways shall be performed in accordance with the requirements of Anoka County. 2. Watermain appurtenances must be specified as follows: Hydrants - Waterous Pacer WB -67; Valves - • Mueller A2370 -20 or equal; Corp Stop - Mueller H- 15000; Curb Stop and Curb Box - Mueller H- 15154 Mark 2 Oraseal and Mueller H -1300 w/Mpls. Top. DIP pipe shall be Class 52. 3 The Developer shall provide to the City of Lino Lakes a copy of the completed Minnesota Department of Health (MDH) Permit for watermain installation. 4. All watermain shall be tested, disinfected approved per the requirements of the City of Engineers Association of Minnesota Standard Specifications and Minnesota Department of Health prior to acceptance by the City. Sanitary Sewer The following comments, specific to watermain are provided as follows: 1 8 -inch diameter sanitary sewer is shown as extending into the site from two locations: From an existing manhole north of Birch Street on Ware Road (Spirit Hilis), and from Ware Road near the south end of the property. 2. The majority of the site would be serviced from the Spirit Hills connection. Per the City's Comprehensive Sewer Plan, the Spirit Hilis connection point was recommended to be extended westerly down Birch Road to Hodgson, and south on Hodgson Road to extend to a point located south of the proposed development to service properties along Hodgson Road and to the south in the future. Upon review, the sewer extension as proposed will accomplish the same purpose provided the following revisions are made: Birch Street Commercial Review Page 6 July 24, 2003 City of Lino Lakes, Minnesota • • Extending the 8 -inch sewer the remaining distance to Hodgson Road at the southwest comer of the site. Extending the sewer westerly from the front of the day care /office facility to Hodgson Road. This will allow properties along the west side of Hodgson Road to eventually connect to sanitary sewer. 3. The Developer shall be responsible for extension of sanitary sewer from Spirit Hills. The proposed extension will impact both City and County Roadways, and may require boring, jacking, or other means to limit impacts and disruptions. This issue should be investigated further and provided for on the Utility Plan accordingly. 4. The invert elevations provided on the sewer on the west side of the property appear to be incorrect (5 successive manholes have invert elevations of 887.8). 5. 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). 6. The Utility Plans shall include notes providing for erosion and sedimentation control. The Developer must provide a televised inspection of all sanitary sewer pipes upon completion of installation. Any required cleaning of sediment from the sewer pipes after construction shall be the responsibility of the Developer. 7. All sanitary sewers shall be tested and approved per the requirements of the City of Engineers Association of Minnesota Standard Specifications prior to acceptance by the City. Storm Sewer All storm sewer mainline pipes must be RC pipe. Backyard HDPE pipe leads will be allowed by the City Engineer. Wetland Delineation Report and Wetland Replacement Plan A Wetland Delineation Report must be prepared and provided with the permit application submittal to the Rice Creek Watershed District. Additional Comments 1. The lowest building opening must be a minimum of 1 -foot higher than the emergency overflow elevation. Basement floor elevations must be at least 4 -feet above the normal water elevation and 2 -feet above the design flood level. 2. Typical street sections (pavement section and design) must be provided. All street system components shall, as a minimum, meet Mn/DOT and City of Lino Lakes Engineering Standards. Birch Street Commercial Review City of Lino Lakes, Minnesota • Page 7 July 24, 2003 Standard curb design D412 modified shall be provided as shown. B618 curb shall be provided at all radiuses less than 30 -feet, with curb transition from surmountable to non - surmountable per City of Lino Lakes standards. Additional subcuts, placement of suitable base material, and recommendations of the Braun Geotechnical Report must also be adhered to. 3. A Tree Preservation Plan shall be provided as required by the City. 4. 4- inches of topsoil on all boulevards shall be provided and seed or sod as approved by the City. 5. A certified as -built survey shall be provided by the Developer's Engineer upon completion of grading, that certifies that all grading complies with the Grading Plan. This certification shall be required prior to the issuance of any building permits. Lino Lakes Public Services Department 600 Town Center Parkway Lino Lakes, MN 55014 (651) 982 -2440 Fax (651) 982 -2439 www.ci.Iino- lakes.mn.us August 5, 2003 TO Jeff Smyser, City Planner FROM Rick DeGardner, Public Services Director SUBJECT: Park Board Review of Bruggeman Properties Preliminary Plat The Bruggeman Properties Preliminary Plat was discussed at the July 7, 2003 and August 4, 2003 Park Board Meetings. A motion was made by Mr. Bill Kusterman, "to recommend to the City Council that the proposed recreation area remain private with an undetermined percentage of credit given for development of the park area and trails to be determined by the City Council." Ms. Katie Boyle seconded the motion and the motion passed 3 -1 with Mr. Paul Montain voting nay. Subdivision VI of the current Park Dedication Ordinance states, "Where private open space for park and recreation purposes is provided in a proposed subdivision, such areas may be used for credit, at the discretion of the City Council, against the land for cash dedication requirement for park and recreation purposes, provided the City Council finds it is in the public interest to do so." There seems to be a consensus among the Park Board Members that some credit should be given to the developer for providing the private recreation area and concrete sidewalks in Phases 1— 3. However, the proposed percentage varied from as much as 100 percent credit to as little as 40 percent credit. Since the purpose of the Park Dedication Fund is to provide recreational and leisure opportunities for residents of Lino Lakes, designating the recreation area as private made some Park Board Members uncomfortable with giving full credit. Future residents in the Bruggeman Properties Development could use the private recreation area as well as the City's parks and trail system. However, the rest of Lino Lakes' residents would not be afforded the opportunity to utilize the private park area. Assuming the Planning and Zoning Board and City Council are comfortable with the proposed sidewalks and trails, I suggest that the developer not be responsible for construction of the 8' wide bituminous trails along Hodgson Road and Birch Street. It would make more sense to construct the trails during the road improvement process of Hodgson Road and Birch Street. A portion of the cash dedication for this development could be designated for the trails along Hodgson Road and Birch Street (approximately $35,000). I have attached a copy of the cost estimate for the proposed recreation area improvements received from Bruggeman Properties dated July 25, 2003. If you have any questions or need additional information, please contact me at 651 982 -2444. RD:sw sw /Rick/Park Board Review of Bruggeman Properties Preliminary Plat — Smyser Memo.doc Estimate Qty Unit Cost Total Description 1.2 Acs $45,000 $54,000 1.2 Acs 1,000 1,200 1 LS 2,000 2,000 1 LS 30,000 30,000 1 LS 10,000 10,000 1 LS 1,500 1,500 1 LS 1,500 1,500 1.1 Acs 5,000 5,500 1.1 Acs 3,000 3,300 20 Ea 275 5.500 114,500 10,260 SF 1.90 19,494 7,029 SF 1.90 13,355 9,837 SF 2.75 27,052 10,494 SF 2.75 28,859 1,341 SF 2.75 3.688 92,447 206.947 152 Units 1,665 253,080 1.7 Acres 2,175 3,698 256,778 (206,947) 49,830 See attached Exhibit A See attached Exhibit A 9" certified, engineered wood fiber 5/8" drain aggregate w/ geotextile fabric See landscape plan See landscape plan Asphalt Asphalt Concrete Concrete Concrete ParkCredit072403 7/25/031:30 PM Exhibit A Date: 7 -24 -03 Bruggeman Properties, LLC Lino Lakes The following structures will be purchased and installed by the developer. They will include impact attenuating certified engineered wood fiber and will meet all current ADA, ASTM, CPSC laws, regulations & standards respectively. Fumishings or equipment of equal quality may be substituted with approval of the City of Lino Lakes. Site Fumishings 1 Pilot Rock, maintenance free, vandal resistant, recycled plastic, 6' ADA picnic table 6 Pilot Rock, maintenance free, vandal resistant, recycled plastic, 4' bench, cedar color 2 Pilot Rock, maintenance free, vandal resistant, recycled plastic, pedestal mounted 55 gallon trash receptacle w/ secured dome lid, cedar color Play Equipment 1 Kompan Elements spring rider toy 1 Burke single post, 2 bay swing, 2 strap seats, 2 toddler seats, non "S" hook system 1 Burke composite structure designed for 2 -12 yr olds including, at minimum, the following play events: 1 rocky mountain adventure climber 1 triple monster slide 2 handicap transfer stations 5 multi - branch tree climbers 1 triple rail slide 1 adventure climber (includes panel & sliding pole) 1 satellite climber 1 12' dual kid coaster — attached 1 loop rung ladder 1 ground level car panel 1 32° transition stair 1 overhead wheel deal 1 overhead roundabout 4 sky pods 2 fun phones Play Equipment Example Memo CIT `i "_} }oF IIN To: Michael Grochala From: Marty Asleson CC: Jeff Smyser Date: February 3, 2003 Re: Environmental Board Recommendations/January 29, 2003 B:d gevan Properties The E nirir onf rental Board Recommended on January 29, 2003 that the proposed LJI•li 4elYilai 1'PI opei LIeJ Development iet it bJe denied, because: 1. The lack of input from i Rice Creek watershed District and the Minnesota Department of Natural Resources. 2. The proposal to build a car wash and gas station in a Lake Protection Zone and an area with high sensitivity to around water pollution. The Environmental Board made the followng additional recommendations should the proposal go forward for approval: 1. Follow Staff Recommendations in Environmental Board Meeting Report. 2. That the Developer would work with Staff on Landscaping Plan changes. The large NURP pond proposed in the NW comer should be entirely landscaped. The City native grass and flower seed List should be used. S. Grit and oil filters should be part of the design.. 4. The Developer Should follow lighting guidelines in the new Draft Zoning Ordinance. Page 1 5. i he surface water plan must be &Valuated to determine environmental impacts. 6. That any proposed lighting canopy is designed with r =: t.,z, cd li ghts and with no fascia lighting. ii 7. That parkins be reduced to City minimum standards. Motion by Snyder, second by Gr. u eui eoiier. Ali approved. Liking Waters Lutheran Church The Environmental Board Recommended on January 29, 2 063 that the proposed Living Waters Lutheran Church Addition be approved with the following comments: 1. There a are high- priority protection areas to the North of the existing path. This area should not be disturbed. 2. City native seed mix should be used in proposed pond and swale areas. The • landscape plan should include building foundation plants. 3. Proposed sod should have at least 4 inches of topsoil thoroughly incorporated i into the ground. 8. Any new lighting should follow lighting guidelines in the new Draft Zoning Ordinance. Y 4. Sugar maples in the plan should be chanced to Red maple or Oaks. Motion to approve by Hale., Second by Conlin. All approved. Page • V Mil KA i ii :uL To: Michael Grochalia CC: Jeff Smyser From: Marty Asleson Date: 2/4/2003 Re: Staff Report Recommendations /Bruggeman and Living Waters Luther Church/Environmental Board Meeting, January 29, 2003 Staff made the following Recommendations: *pan Development ant 3 shows the Lake Protection areas, Zone 1 and 2 Protection arface water flow patterns, and High Priority Protection areas. This bite is in a Lake Protection Zone. Existing agricultural drainage els water for the most part to Baldwin Lake. A small area on the SE order travels to Rice Lake. Surface water issues are the most important issues on this site. Water is ditched directly into Baldwin Lake. Surface water is proposed to be directed into a new NURP pond. Water from this NURP pond will be discharged to the existing ditch. Surface water information will have to be evaluated to determine impacts, if any, to Baldwin Lake. Given there is a gasoline service facility planned for the site, there should be some structural plan for containment. The Landscape Plan does not show landscaping for the proposed pond. The plan should show this pond area with City of Lino Lakes Native Pond and Drainage area seed mix. A suggestion should be made to obtain a landscape company experienced in this type of landscape establishment and maintenance_ 1 ebrualy 4,2003 There is no plan for ground story plantings in the existing plan. If there is proposed sod for these areas, than these areas should be shown as irrigated. The plan should show intentions of ground story and cover for all landscaped areas including islands. All soils in these areas should be thoroughly tilled with at least an additional 4" of topsoil added before tilling. Norway maples and Amur maple should be substituted with a non - invasive species. White oaks in this area would be more appropriate than Lindens. Since there are a number of oaks proposed for removal from this site, oaks should be placed back in. Additional oaks should be required around the maintenance pond. There should be a tree inventory submitted that is in data base form and readable. It is difficult to tell from the plan how many oaks and what size oaks are proposed for removal. Several more oaks should be planted in the "5", and East Side of the Retail Building area of the • landscape plan to screen housing to the East later. Oaks should be substituted for Laurel leaf willow on the East Side of the Retail Building. The Pre-settlement e-settlement veg. etation for this area is depicted on Ex'nibit 6. The lighting plan should be low - impact, "no- spill ", downward focused, minimum lumen type of focus with any canopy enclosures unlit. The existing lighting descriptions do not meet this requirement. This .plan .needs revision. Surface Water Management it iS very important on this site. Existing and proposed water conveyanice systems indicate a direct connection to Baldwin Lake by the ditch. Since this is in a lake protection are a , the develo per per should show creativity in attenuating volume and quality issues. Post development should try to lower volumes, maintain required rates, and reducing nutrient Toads. Pre and post - nutrient modeling should be demonstrated. Surface water direction on impervious areas should be directed to curb drops by the pond if this can be made to work. It appears that before ditching, water flowed to Rice Lake and had a bit more buffer before reaching the Lake. This might be an alternative. The Anoka County Sand Plane Ground Water Modal depicts this area as very sensitive to ground water pollution potential. (Exhibit 5). Any infiltration anticipated or planned should have at least the 3 -foot minimum recommended separation from the seasonally high water table. If the proposed pond is large enough to contain all surface water storm events for a 100 -year flood, than the environmental concerns become much iess. Februaiy a T, 200 A Best Management plan should be required for development and post development agreement. This plan should address soil and tree protection during development, and site keeping after development. Site keeping after development t should include parking area sweeping, litter pick -up, storage of any hazardous materials, turf and native -area maintenance plans, and pond maintenance. All topsoil on the site should remain On the site. Any intention to import soils, must have the approval of the City, and be submitted to RCWD for review of SUi lace water infiltration rate changes nges Waters them �+ Living YHaters Lutheran Church: Since 1993 (the time The church was built), the Environmental Board has consistently asked new surface water management features to buffer watershed features: The Area to the North is designated as a High - Priority Protection Area in the Lino Lakes Handbook for Conservation Design. Soils in this area are sandy, and pervious. if an infiltration train were designed into the site plan, there appears to be enough separation between the OHW and a designed rainpond/swail area. The rain pond area must be in an area where the Seasonally high water table is at least 3 feet from the bottom of the pond. Please refer to (Attachment 8). The seasonally high ground -water level should be verified. Peak flow analysis indicates a .23 cfs increase in water volume flow in a two year event, a .32 cfs increase in water volume flow in a 10 year event, and a .36 increase in water volume flow for a 100 year event for the entire site. The basin should be designed if possible to accommodate this extra surface water volume, if not for the entire site. Additional ponding is shown in the turf areas. No surface -water analysis information is available at this time. The soil areas around proposed rernaining pervious areas should be protected from compaction during construction. A buffer of native plants incorporated into edges and a surface- water - treatment -train should be planted. Ground story materials should be native in the ponding and drainage areas. All proposed sod areas should have at feast 4 inches of topsoil tined thoroughly into the subsoil as deep -as possible. A detailed landscape pian should indicate more foundation plants. A few oak trees should be planted into the surface water treatment areas. Suggest changing the Sugar maples to a variety of Red rnapie or oak. Although there is no proposed lighting for the added space on the church, the possibility exists that there may be a need to light the building in the future. if this should happen, than the lighting should be down ward focused, no -spill type lighting. wpmae KUM IoM om lMmMIN 11111T7 QNEI MIMEO Om NUM PIM t i iiii11.11 Mai am 0© MX Emam NM MUM • -- MN NMI •nnU n� =ICS Om W11101 a= MN wain MUM MUM MINIM MUM MOM 6 �nc=oo EIRQMPFPC PO am•ppp � G ym 000o0oom mmazzypi °s i L • i o..ul . Ka 1:11P111 an zuao • :: hvli Uo _ mai= of � O t3 Mil MEN nay. ■ RI ] MEMEN1111:1111113IN IMINIMMEMINIZI °x11011 _11 �tt��itto�a �,aeae0eee� PROPOSED LAND USE PLAN LINO LAKES COMPREHENSIVE PLAN Commercial Low Density Sewered Residential Low Density Unsewered Residential � 1 M 7N 3 4.) Building Signs Each tenant has one sign at 32 square feet per the sign ordinance. All signage will face the north toward existing commercial areas. Miller's Crossroads Sign Plan Hodgson Road and Birch Street Lino Lakes, MN lib fii Turn . 1(111111n11111 t atillIMMIlli.an-iifflifilltb.. 1111n1mmM1111i11. j. >_ 11111i1111111M : 112M111111i►..` -' mUminlLIC 4141' WIWI ! tinIIa ie 1111 II Valli I !II :S4 JIr1n111IO1ii1 1. Sign Materials AUG % 8 2003 OF NQ LA Vinyl Shake Siding Channel Sign ice 1f1=111111t1111ilI11111141111111 1! 1111111t1 2. Sign Materials EIFS Sign Band Channel Sign .sue° y:..w ..n't __ _. _ .____. - _..__5.. ... .... r-cr --rrrr _. &.....e' 7S 6N:. , ._. a r � rzrr rS �7iQ; .... r..a.. ?"'"4". T �s=i.r -j,- .i. � t ,. r`�. w .aw _ Sl.f :. r � ,.-�.,- ; : „. ez d.. •.:: . = .: ., _� ? ,.., `:1 .,.' m., • . y A z;, rte "J- -!ci . u r. , . - � • Building Signs Each tenant has one sign at 32 square feet per the sign ordinance. All signage will face the north toward existing commercial areas. Miller's Crossroads Sign Plan Hodgson Road and Birch Street Lino Lakes, MN lib fii Turn . 1(111111n11111 t atillIMMIlli.an-iifflifilltb.. 1111n1mmM1111i11. j. >_ 11111i1111111M : 112M111111i►..` -' mUminlLIC 4141' WIWI ! tinIIa ie 1111 II Valli I !II :S4 JIr1n111IO1ii1 1. Sign Materials AUG % 8 2003 OF NQ LA Vinyl Shake Siding Channel Sign ice 1f1=111111t1111ilI11111141111111 1! 1111111t1 2. Sign Materials EIFS Sign Band Channel Sign Community Monument Signage A base made of Eucalyptus Ledgestone by Cultured Stone Corporation. The sign area will be of low maintenance material with metal standoff signage. Sign area will be 50 square feet as per your sign ordinance. The dimensions of the monument are 16' wide by 4' tall. Two signs total. Commercial Monument Signage A base made of Eucalyptus Ledgestone by Cultured Stone Corporation. The sign area will be of translucent lighted panels with metal standoff "center" sign. Sign area will be 50 square feet as per your sign ordi- nance. The dimensions are 10' wide x 8' tall. One sign total. Character of the Signs Signage for small "Mom and Pop" type tenants. Tenants to have their trade dress incorporated in the signage for familiarity of their product. Channel Letters An example of typical channel Letters and trade characters. These can be sized to stay within the 32 square foot per tenant allowed by the ordinance, either front lit or z---in IIIIIIIIIIIIIEI�Iiiioi i :IIIIIIII IEIGCICCIIC CCGECCCIIGCCCCEEEI6CCCC Ith IEEIIEEEEEIEIIIIEIEEIIIIEEEf IIIIIIIIIIIII�IIIIIIII Iillllllll IIIIII�IIII�IIFIIIIEI lI'�AIIII�" THIIII"IIIIIIIiI!IIIIIIIIIIIIII Mug WIN W1oaux n 1:110 10 AID WWn DWI nB 31.8 ,v ialk103 11/1d AUVN NVI13kld OZPIN7 .1 MR 711101 immassinawn Giiiiiiiioliiuuu ii,�i iiniiliiiililiii'iiilii uiitiIi'iuiiiiiiiii iii uiiiiiIil l ■L II III IEIIII II IOI I 111 111 111111111111III EII1:11{1EEIEIE1111 VIIECI MECUM! 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NOS ONI1 '1S HoHl3 I 'O13 NOSOOON }uawdolanap SOW, oul� r 11111111 11 Mil ,t I 1111144 • I NORTH ELEVATION WEST ELEVATION 20 EAST ELEVATION III II MIN .111t 2 O U IOWpfB111111111lll �IIIII�Ih,m i�l illj II lfi. l III Lill I 1 '�I I IIII I NI 1 V�1111 II' r —= I� In 1-- z w a 0 w w Cr) w J 0 z J 0, co 0 0 d z 0 0 0 N w 0 J u� w cr w a. 0 a z w 0 0 M 0 V+ 0 co 0 1 II — n I. i y - j LE Rd .09 fill fi I h1 I J 1 I r 1 -1 .. u .0-.1, It J. •- •- •-- •- •- •- •-•-•-•-• -- Jek +y IA s% y i i 11 1 - -a - -- - - - tlgE YY liiC — .r� _1 I I r K '' - r i ► a, I E rr C� E w® rut y y .. . 11 N 1 E - v er L _ w s I r �— . I• I y Ir1 I I I:e 1∎ ■ z Q J 0_ Z' 0. Q z 3 0 W_ Z Q a 0 0 z 4 2 W 0 0 J m W Q J W z 0 W N z 7 stklI /11 p 71—n a J a z. ot• a TYPICAL COLOR SCHEMES: i; ko J t- cn Z cn W W= U 'a a.'4 Wj OJm a0 fY w ¢ a w W 0 Y 0 0 z 0] O O O LINO LAKES poi° 9 dila P. p1111. ii111 .1 ihi 1E�f i 1111 0,== 1111 I w z z w z 0 w 2 z z J Ara .MBM# ■psi AIM MEM 41 1111 • STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: ACTION REQUIRED: BACKGROUND AGENDA ITEM 7D Michael Grochala September 8, 2003 Conditional Use Permit for an Automobile & Truck Repair Facility JADT Commercial Development, Block 1, Lot 2 & Lot 3 3/5 vote In September of 2002 the City Council approved the JADT Addition (Resolution No. 02- 111), which included the creation of four Tots for single and multiple tenant use on property located east of Lake Drive and south of Apollo Drive. A master site plan, grading and drainage plan, utility plan and landscaping plan was also approved in conjunction with the plat approval. Lot 4 received Site Plan Review approval and a Conditional Use Permit for an accessory drive- through at that time The applicant is now requesting site plan approval for development on Lots 2 and 3. The proposed development consists of two multi- tenant retail building that are 13,847 square foot and 3,500 square feet, respectively. The smaller building also consists of a proposed three bay automobile repair facility. Automobile repair facilities are listed as a Conditional Use within the GB, General Business District. This review is based on the most current submittal, consisting of the following plans: 1.) General location map. 2.) Master Site Plan, dated 7- 14 -03. 3.) Master Planting Plan, dated 7- 14 -03. 4.) Planting Plan, dated 7- 14 -03. 5.) Landscape Details, dated 7- 14 -03. 6.) Photometric Lighting Plan, dated 7- 14 -03. 7.) Floor Plan (Building A), dated 7- 14 -03. 8.) Floor Plan (Building B), dated 7- 14 -03. 9.) Exterior Elevations (Building A), dated 7- 14 -03. 10.) Exterior Elevations (Building B), dated 7- 14 -03. • City Council Meeting JADT — Lot 1 & Lot 2 • September 8, 2003 ANALYSIS Land Use & Zoning Location Guided Land Use Existing Zoning Site Mixed Use PDO (Planned Development Overlay) West Mixed Use PDO North Mixed Use PDO East Mixed Use PDO South Mixed Use LB (Limited Business) The JADT project was originally located within the SC, Shopping Center Zoning District. This zoning was amended to PDO, Planned Development Overlay to allow for design flexibility on the site. The SC District was subsequently eliminated with the revision of the recently adopted Zoning Ordinance, and the requirements of the GB, General Business District are now applicable to the site. In accordance with the provisions of the GB, General Business District automobile and truck repair facilities require a Conditional Use Permit. Lot Area Requirements The proposed site is 2.72 acres in size. The site is comprised of what was originally platted as Lot 2 and Lot 3. Building B is proposed to extend across the property line separating Tots 2 and 3. Approval of the project will require the combination of the two lots and vacation of an existing drainage and utility easement. The original PDO was granted to allow for design flexibility on the site. The overall site design was intended to provide integration of uses lying south of Apollo Drive. The proposed buildings will be under common ownership and an existing operation and maintenance agreement is in effect across all the lots. The existing drainage and utility easement is not needed for public purposes. Therefore, staff does not find any issues with the necessary lot combination and easement vacation. Setback Requirements Principle Building Parking Lot Required 50 feet Proposed 75 feet Required 15 feet Proposed 15 feet Apollo Drive 135W 50 feet 30 feet* 15 feet 75 feet Private Access Road N/A N/A N/A N/A Side Yard 10 feet 5 feet 5 feet 5 feet Rear Yard 30 feet 30 feet 5 feet 75 feet * Per PDO Master Plan City Council Meeting JADT — Lot 1 & Lot 2 September 8, 2003 Buildinq Materials The JADT project was originally approved to replicate and conform with the design guidelines in place for the Lino Lakes Marketplace complex to the north. The proposed building materials consist of concrete masonry units (CMU) and E.I.F.S. accents, along with accentuated building corner and cornice details. The proposed building materials, colors, finishes and accents are in conformance with Marketplace design guidelines and similar to the existing JADT building located on Lot 4. Buildinq Height. The maximum allowable building height is 45 feet. The proposed building measures 34 feet at the highest parapet (roof height 18 feet). The building height is in conformance to district standards. Landscaping. In accordance with site and building plan submission requirements, a landscape plan has been provided for review. A master landscape plan was reviewed and approved in conjunction with the JADT plat approval. The proposed plan includes overstory trees consisting of Swamp White Oak, Bur Oak, Northern Pin Oak, and Northern Red Oak to be planted around the perimeter of the site and in one large island located in the parking lot. Shrubbery, consisting of Compact Winged Euonymus and Dwarf Japanese Yew, is included around the perimeter of the buildings and in one smaller island located in the parking lot. The proposed landscape plan is in general conformance with the master landscape plan. However, additional landscaping should be provided around trash enclosures so that they are more fully screened. Additionally, plan proposes to remove two existing Oak trees located within the vicinity of the parking lot island, located on the western side of Lot 2. The island should be redesigned to preserve the existing trees. Green Area. The maximum allowable impervious surface coverage is 75 %. The proposed impervious surface coverage for Lot 2 is 55.9% and 69.5% for Lot 3. The site is in conformance with district requirements. Access Circulation. Primary access to the site is from the private street located just east of the adjacent McDonald's site, via Apollo Drive. The project does provide an additional connection to the existing Lot 4 development, which accesses directly onto Apollo Drive. Parking. Automobile Repair facilities require two parking stalls per service bay, with a total of six stalls required for the proposed facility. In addition, the office component of the facility (450 sq.ft.) will require an additional 3 stalls. Retail facilities require one stall per 200 sq.ft. of building space. A total of 87 stalls are required for the site, with 102 proposed. The difference between the required and proposed stall figures provides for potential uses that may have a slightly higher parking demand than standard retail and services uses. City Council Meeting JADT — Lot 1 & Lot 2 September 8, 2003 Lighting. A photometric plan was submitted and is consistent with ordinance requirements. Four pole- mounted lights with shoebox fixtures are proposed around the perimeter of the site, with a double - mounted pole light to be located in each of the two parking island areas. Fixture details for these lights meet requirements. Wall pack light fixtures are proposed for the building. Such fixtures will need to contain a cutoff that directs the light downward at a ninety (90) degree angle. Signage. Signage is governed by the City's sign ordinance and permits are required for all signs. All signs will be reviewed with the sign permit applications. A separate master signage plan will need to be submitted for the site Trash. Trash will be stored in an enclosure located south of the building. The enclosure will be constructed with concrete masonry units (CMU) to match the principle building and equipped with painted metal panel doors. Landscaping should be increased around the periphery of the enclosure to achieve better screening. Utilities. Water and Sanitary sewer service were provided to service the site as part of the Lake /Apollo Drive improvement project. A utility plan has been reviewed by the City Engineer. All modifications as set forth in the City Engineers memo, dated August 8, 2003, will need to be addressed prior to final approval. Stormwater Management. A grading and drainage plan has been submitted for review by the City Engineer. A master grading and drainage plan was submitted as part of Preliminary Plat approval and much of the required infrastructure has been constructed. The grading and drainage plan does propose to modify the existing pond located in the northwest corner of the site and to more efficiently utilize the site area. These revisions will require additional review and approval from Rice Creek Watershed District. As a condition of plan approval, the grading and drainage related modifications and comments set forth in the City Engineer's memo, dated August 8, 2003, should be satisfied Additionally, due to the proposed location of the larger retail building, an existing drainage and utility easement will need to be vacated. The existing easement was dedicated as part of the original plat, and is no longer required. Conditional Use Permit The Lino Lakes Zoning Ordinance lists automobile and truck repair as a conditional use in the GB district. For the purpose of this permit the proposed use shall be classified as "Automobile Repair — Minor," as defined in Section 1, Subdivision 2.B (under "Commercial Use ") of the Zoning Ordinance: City Council Meeting JADT — Lot 1 & Lot 2 September 8, 2003 "An establishment providing goods or services related to automobiles such as car washes, repair businesses limited to minor engine repair, fluid changing, tire service and muffler repair and other uses of similar character, but not including uses defined as a major automobile business or automobile sales." The proposed use is subject to the following criteria: The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence. Comment: The proposed architectural appearance and functional plan of the building is consistent with the original JADT requirements. The entire area other than occupied by buildings or structures or planting shall be surfaced with bituminous or concrete which will control dust and drainage. The entire area shall have a perimeter curb barrier, a storm water drainage system and is subject to the approval of the City Engineer. Comment: The proposed use satisfies these requirements. All buildings shall provide an interior location for trash handling or an enclosed trash receptacle area in conformance with the following: 1) Exterior wall treatment shall be similar and/or complement the principal building. The enclosed trash receptacle area shall be located in the rear or in a side yard which is not abutting a street. The trash enclosure must be in an accessible location for pick up hauling vehicles. The trash enclosure must be fully screened from view of adjacent properties. Comment: Trash will be contained within an enclosure meeting the above requirements. d. All painting must be conducted in an approved paint booth. All paint booths and all other activities of the operation shall thoroughly control the emission of fumes, dust or other particulated matter so that the use shall be in compliance with the State of Minnesota Pollution Control Standards, Minnesota Regulation APC 1 -15, as amended. Comment: Not Applicable. No painting will be conducted on site. City Council Meeting JADT — Lot 1 & Lot 2 September 8, 2003 e. The emission of odor by a use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota regulations APC, as amended. Comment: To be included on Conditional Use Permit. All flammable materials, including liquids and rags, shall conform with the applicable provisions of the Minnesota Uniform Fire Code. Comment: To be included on Conditional Use Permit. All outside storage shall be prohibited except the storage of customer vehicles waiting for repair. Comment: To be included on Conditional Use Permit.. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served by modifying the conditions. Comment: To be included on Conditional Use Permit. PLANNING AND ZONING BOARD The Planning and Zoning Board reviewed the request at it's August 13, 2003 meeting and recommended approval with the conditions setforth in the staff recommendation. RECOMMENDATION Staff finds that the proposed Site Plan is consistent with the City's Zoning Ordinance. The proposed Auto Repair facility is sufficiently incorporated into the overall site. Staff recommends approval of the CUP subject to the following conditions: 1. Lot 2 and Lot 3 shall be combined into a single parcel. A revised Landscaping Plan shall be submitted that provides additional landscaping around the trash enclosures to create better screening. The parking lot island along the western side of Lot 2 shall be modified to preserve the existing trees if possible. Lighting fixture details that conform to requirements shall be submitted for the proposed wall pack lighting. 4. A master sign plan shall be submitted for review and approval. City Council Meeting JADT - Lot 1 & Lot 2 September 8, 2003 5. All grading and drainage modifications be satisfied, as outlined in the City Engineer's memo dated August 8, 2003. 6. The existing drainage and utility easement between Lot 2 and 3, as dedicated on the approved plat, shall be vacated in accordance with State and Lino Lakes requirements. The Conditional Use Permit shall be limited to uses classified as Automobile Repair —Minor defined as an establishment providing goods or services related to automobiles such as car washes, repair businesses limited to minor engineer repair, fluid changing, tire service and muffler repair and other uses of similar character, but not including uses defined as a major automobile business or automobile sales." The emission of odor by a use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota regulations APC, as amended. All flammable materials, including liquids and rags, shall conform with the applicable provisions of the Minnesota Uniform Fire Code. 10. All outside storage shall be prohibited except the storage of customer vehicles waiting for repair. 11. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served by modifying the conditions. 12. The applicant shall enter into a Site Performance Agreement with the City. ATTACHMENTS 1. Resolution No. 03 -151 2. General Location Map 3. City Engineer's Comments 4. Master Site Plan, dated 7- 14 -03. 5. Master Planting Plan, dated 7- 14 -03. 6. Planting Plan, dated 7- 14 -03. 7. Photometric Lighting Plan, dated 7- 14 -03. 8. Exterior Elevations (Building A), dated 7- 14 -03. 9. Exterior Elevations (Building B), dated 7- 14 -03. City Council Meeting JADT — Lot 1 & Lot 2 September 8, 2003 CITY OF LINO LAKES RESOLUTION NO. 03 -151 RESOLUTION APPROVING A CONDITIONAL USE PERMIT AUTOMOBILE REPAIR FACILITY LOT 2 &3, BLOCK 1, JADT ADDITION WHEREAS, the City has received an application for a conditional use permit to allow an automobile repair facility; and WHEREAS, the legal description of the property is Lot 2 & 3, Block 1, JADT Addition ;and WHEREAS, the subject property is zoned PDO, Planned Development Overlay; and WHEREAS, the conditional use permit approval request is based on the following plans: 11.) Master Site Plan, dated 7- 14 -03. 12.) Master Planting Plan, dated 7- 14 -03. 13.) Planting Plan, dated 7- 14 -03. 14.) Landscape Details, dated 7- 14 -03. 15.) Photometric Lighting Plan, dated 7- 14 -03. 16.) Floor Plan (Building A), dated 7- 14 -03. 17.) Floor Plan (Building B), dated 7- 14 -03. 18.) Exterior Elevations (Building A), dated 7- 14 -03. Exterior Elevations (Building B), dated 7- 14 -03. ; and WHEREAS, at their meeting on August 13th, 2003, the Planning & Zoning Board considered the conditional use permit application and recommended approval subject to the conditions listed in the meeting minutes; and WHEREAS, the City Council of the City of Lino Lakes makes the following findings of fact, as required by Section 2 Subd. 2.B.7 of the Zoning Ordinance which establishes conditional use permit evaluation criteria. a. The proposed development application is consistent with the policies and recommendations of the Lino Lakes Comprehensive Plan b. The proposed development is compatible with present and future land uses of the area. City Council Meeting JADT — Lot 1 & Lot 2 September 8, 2003 c. The proposed development conforms to the performance standards contained within the Zoning Ordinance and other applicable City Codes. d. Traffic generated by the proposed development is within the capabilities of streets serving the property. e. This application will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. f This application will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. g. This application will conform to specific standards of the Zoning Ordinance applicable to the particular use NOW, THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes hereby approves the conditional use permit to allow an automobile repair facility subject to the following conditions: 1. Lot 2 and Lot 3 shall be combined into a single parcel. 2. A revised Landscaping Plan shall be submitted that provides additional landscaping around the trash enclosures to create better screening. The parking lot island along the western side of Lot 2 shall be modified to preserve the existing trees if possible. 3. Lighting fixture details that conform to requirements shall be submitted for the proposed wall pack lighting. 4. A master sign plan shall be submitted for review and approval. 5. All grading and drainage modifications be satisfied, as outlined in the City Engineer's memo dated August 8, 2003. 6. The existing drainage and utility easement between Lot 2 and 3, as dedicated on the approved plat, shall be vacated in accordance with State and Lino Lakes requirements. 7. A revised Rice Creek Watershed District Permit shall be obtained prior to issuance of a building permit. 8. A revised Minnesota Department of Transportation (Mn /DOT) drainage permit shall be obtained prior to issuance of a building permit. City Council Meeting JADT Lot 1 & Lot 2 September 8, 2003 9. The Conditional Use Permit shall be limited to uses classified as Automobile Repair —Minor defined as an establishment providing goods or services related to automobiles such as car washes, repair businesses limited to minor engineer repair, fluid changing, tire service and muffler repair and other uses of similar character, but not including uses defined as a major automobile business or automobile sales." 10. The emission of odor by a use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota regulations APC, as amended. 11. All flammable materials, including liquids and rags, shall conform with the applicable provisions of the Minnesota Uniform Fire Code. 12.All outside storage shall be prohibited except the storage of customer vehicles waiting for repair. 13.AII conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served by modifying the conditions. 14.The applicant shall enter into a Site Performance Agreement with the City. Passed by the Lino Lakes City Council this 13th day of September, 2003. John J. Bergeson, Mayor ATTEST: Ann Blair, City Clerk 10 et 4 simmonswow, AZa smErns*A411111 OIITIDT ■ PARK REHABILITATIOIi I GEORGE WATCH IV �M f•1• ®1111111 :yy y 6O u w� ammo W MILS WI DPp'dal SUM CZ TFs VALI ag =MI rat 41.1 nialleMZ YStiYY %E ON m ��©��N NE xitimffircle man= Ent:ra ". maims stm,lau NRi Memorandum DATE: August 8, 2003 TO: Mike Grochala FROM: James E. Studenski, City Engineer -g RE: JADT Addition Attached is the TKDA design review dated August 7, 2003, of the submitted documents for the proposed design of the above - mentioned project. The project is in general conformance with previous reviews and with the City of Lino Lakes standards. Note, however, revised storm water computations have not been received. Approval can be given following completion of the items listed on the attached memorandum and adjustments necessary for the shift in the property line layout. Please contact me with any questions. 600 Town Center Parkway, Lino Lakes, Minnesota 55014-1182 Phone: 651- 982 -2400 0 Fax: 651 -982 -2499 0 TDD: 651 -982 -2410 aiTKDA ENGINEERS • ARCHITECTS • PLANNERS MEMORANDUM 1500 Piper Jaffrey Plaza 444 Cedar Street Saint Paul, MN 55101 -2140 (651) 292 -4400 (651) 292 -0083 fax www.tkda.com To: James E. Studenski, P.E. Reference: JADT Commercial Site Copies To: City of Lino Lakes, Minnesota From: Scott A. Brink Date: August 7, 2003 Comm. No. 12701 -002 Routing: Review correspondence for this proposed development was previously provided in memorandums to the City dated May 6, 2003, April 9, 2003, and February 28, 2003. The following documents have been provided for this review: • Architectural Plans prepared by KKE Architects and dated July 14, 2003 (Site Plan, Planting Plan, Landscape Details, Lighting Plan, Building Floor Plans, and Exterior Building Profiles). IP • Preliminary Plans prepared by Ryan Engineering, dated July 14, 2003 (Preliminary Plat, Preliminary Site Plan, Preliminary Grading Plan, and Preliminary Utility Plan). The proposed development plans have generally been previously reviewed as part of a larger development plan. Much of the required infrastructure is already in place. The plans presented herein for review (Lots 2 and 3) generally fall within the bounds of previous reviews. The following additional comments are provided based upon the information received: 1. Previous review memorandums and correspondence have responded to ponding and drainage design for the site. Revised stormwater computations reflecting the proposed stormwater pond design as shown per the plans received must be provided. 2. Pond emergency overflow -locations and elevations must be provided on the plan. In addition, the grading plan should also be reviewed by the Minnesota Department of Transportation since stormwater is entering the wetland that borders I -35W. Revised storm water calculations must demonstrate that the 100 -year flood elevation of the existing wetland will not change. 3. The Rice Creek Watershed District must also review and approve the revised stormwater revisions. 4. It is recommended that a fire hydrant be added at or near the property line between Lots 1 and 2. The number and location of hydrants shall be subject to review and approval of the City Fire Chief. 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MEETING DATE: September 8, 2003 TOPIC: Second Reading, Ordinance No. 17 -03, Rezoning to Planned Unit Development Ravens Hollow VOTE REQUIRED: 3/5 BACKGROUND The City Council approved the first reading of Ordinance 17 -03 on August 25. ordinance rezones the site to Planned Unit Development (PUD) for a mixed medium and low density residential development. The 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. • After approval of the second reading, the ordinance will be published on September 16. After the required 30 -day period, the rezoning will become effective October 16. OPTIONS 1. Approve the second reading of Ordinance No. 17 -03. 2. Return to staff with direction. RECOIVIlVIENDATION Option 1 • • • • 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 AT LEST: Ann Blair, City Clerk John J. Bergeson, Mayor • AGENDA ITEM 7 F STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: September 8, 2003 TOPIC: Resolution 03 -144 Extension of Project Initiation Time Benkler Car Wash VOTE REQUIRED: 3/5 BACKGROUND The City Council approved Resolution 02 -174 in December, 2002. This action approved a site and building plan and a CUP for a full service car wash, a self - service car wash, and a quick lube facility. Section 2, Subd. 2.B.11. of the zoning ordinance states: "If construction has not begun within one (1) year after the date of the conditional use permit, or if substantial construction has not taken place within three (3) years after the date of issuance of the conditional use permit, the permit is void." Sec. 2, Subd. 6.E.2. states: "Activities authorized by site and building plan approval shall be initiated within six (6) months. The time limits established in this paragraph may be extended by the Zoning Administrator." The applicant has requested an extension of the project initiation period. The conditions of approval will still apply. OPTIONS 1. Approve Resolution 03 -144 granting an extension of months. This extends the project start date to 2. Deny the extension and require a new application. 3. Return to staff with direction. RECOMMENDATION Option 1 • CITY OF LINO LAKES RESOLUTION NO. 03-144 RESOLUTION APPROVING AN EXTENSION OF THE PROJECT INITIATION TIME FOR THE BENKLER CAR WASH AND QUICK LUBE PROJECT WHEREAS, the City Council approved Resolution 02 -174 on December 9, 2002, which approved a site and building plan and a CUP for a full service car wash, a self - service car wash, and a quick lube facility; and WHEREAS, Section 2, Subd. 2. and Subd. 6. of the zoning ordinance establish times within which a project should be started after approval; and WHEREAS, the applicant has requested an extension in the project initiation time; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes hereby approves an extension of the initiation time for the project. The project shall be initiated by June 30, 2004. BE IT FURTHER RESOLVED, that all the conditions of approval included in Resolution 02 -174 shall continue to apply. Passed by the Lino Lakes City Council this day of 2003. ATTEST: Ann Blair, City Clerk John J. Bergeson, Mayor AGENDA ITEM 7 G STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: September 8, 2003 TOPIC: Resolution 03 -148 Extension of Project Initiation Time Russian Baptist Church VOTE REQUIRED: 3/5 BACKGROUND The City Council approved Resolution 02 -82 on September 23, 2002. This action approved a site and building plan and a CUP for a church at 5 Ash Street (County Road Section 2, Subd. 2.B.11. of the zoning ordinance states: "If construction has not begun within one (1) year after the date of the conditional use permit, or if substantial construction has not taken place within three (3) years after the date of issuance of the conditional use permit, the permit is void." Sec. 2, Subd. 6.E.2. states: "Activities authorized by site and building plan approval shall be initiated within six (6) months. The time limits established in this paragraph may be extended by the Zoning Administrator." The applicant has requested an extension of the project initiation period. The conditions of approval will still apply. OPTIONS 1. Approve Resolution 03 -148 granting an extension of 9 months. This extends the project start date to June 30, 2004. 2. Deny the extension and require a new application. 3. Return to staff with direction. RECOMMENDATION Option 1 CITY OF LINO LAKES RESOLUTION NO. 03-148 RESOLUTION APPROVING AN EXTENSION OF THE PROJECT INITIATION TIME FOR THE RUSSIAN BAPTIST CHURCH PROJECT WHEREAS, the City Council approved Resolution 02 -82 on September 23, 2002, which approved a site and building plan and a CUP for a church; and WHEREAS, Section 2, Subd. 2. and Subd. 6. of the zoning ordinance establish times within which a project should be started after approval; and WHEREAS, the applicant has requested an extension in the project initiation time; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes hereby approves an extension of the initiation time for the project. The project shall be initiated by June 30, 2004. BE IT FURTHER RESOLVED, that all the conditions of approval included in Resolution 02 -82 shall continue to apply. Passed by the Lino Lakes City Council this day of 2003. John J. Bergeson, Mayor ATTEST: Ann Blair, City Clerk STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: ACTION REQUIRED: BACKGROUND: AGENDA ITEM 7H Michael Grochala September 8, 2003 Consideration of Resolution 03 -152 Accepting Easements for the Lake /Apollo Drive Improvement Project. 3/5 Vote As part of the Lake /Apollo Drive Improvement project, permanent easements for street and utility purposes where needed at the southeast corner of the Lake Drive /Marketplace Drive intersection. The easements were required to facilitate the placement of traffic signals and to accommodate the necessary turning radii at the intersection. The easements were originally required as part of the Market Place development and are being provided at no cost to the city. RECOMMENDATION Staff is recommending acceptance of the Street and Drainage and Utility Easements. ATTACHMENTS 1. Resolution No. 03 -152 2. Easement Grant Lake /Apollo Easements Page 2 CITY OF LINO LAKES RESOLUTION NO 03 -152 RESOLUTION ACCEPTING PERMANENT EASEMENTS FOR STREET AND UTILITY PURPOSES — LAKE/APOLLO IMPROVEMENT PROJECT WHEREAS, permanent easements for street and utility purposes were needed at the southeast corner of the Lake and Market Place Drive intersection to facilitate the street and traffic control installations for the Lake Drive/ Apollo Drive Improvement Project, and WHEREAS, Haile Properties, LLC, the respective property owners, have provided the City with said easements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. That such easements are hereby accepted by the City of Lino Lakes and the City Clerk is authorized to execute the easements on behalf of the City. Adopted by the Lino Lakes City Council this 8th day of September, 2003. John J. Bergeson, Mayor Ann Blair, City Clerk EASEMENT GRANT THIS EASEMENT, made this day of 2003, by Halle Properties, L.L.C., an Arizona limited liability company, Grantor, to the City of Lino Lakes, a municipal corporation, Grantee, County of Anoka, State of Minnesota. WITNESSETH, that Grantor, for value received does hereby dedicate to the City of Lino Lakes a permanent easement for street and utility purposes over the land located within the City of Lino Lakes, County of Anoka, State of Minnesota, described as follows and shown on the attached Exhibit A: All that part of Lot 1, Block 1, Lino Lakes Market Place according to the plat thereof on file and of record in the office of the Registrar of Deeds in and for the County of Anoka, State of Minnesota, lying northerly of the following described line: Commencing at a point on the northwesterly line of said Lot 1 a distance of 23.00 feet southwesterly of the most northerly corner thereof, said northwesterly line also being the easterly right -of -way line of County State Aid Highway No. 23 per Anoka County Highway right -of -way Plat No. 17; thence northeasterly to a point on the northerly line of Lot 1, said point being 35.00 feet southeasterly of the most northerly corner of Lot 1 as measured along the northerly line of Lot 1 and there terminating. AND WITNESSETH, that Grantor, for value received does hereby dedicate to the City of Lino Lakes a permanent easement for drainage and utility purposes over the land located within the City of Lino Lakes, County of Anoka, State of Minnesota, described as follows and shown on the attached Exhibit A: All that part of Lot 1, Block 1, Lino Lakes Market Place according to the plat thereof on file and of record in the office of the Registrar of Deeds in and for the County of Anoka, State of Minnesota, as described below: Commencing at a point on the northwesterly line of said Lot 1 a distance of 23.00 feet southwesterly of the most northerly corner thereof, said northwesterly line also being the easterly right -of -way line of County State Aid Highway No. 23 per Anoka County Highway right -of -way Plat No. 17 to the point of beginning; thence continuing southwesterly along said northwesterly line a distance of 12.00 feet; thence northeasterly to a point on the northerly line of Lot 1, said point being 35.00 feet southeasterly of the most northerly corner of Lot 1 as measured along the northerly line of Lot 1; thence northwesterly to the point of beginning and there terminating. State Deed Tax Due: None IN WITNESS WHEREOF, the parties have hereunto set their hands this day , 2003. Halle Properties, L.L.C., an Arizona limited liability company By: Its: By: Its: STATE OF ) ) ss. COUNTY OF lMs t ' &2)f 2 ) This instrument was acknowledged before `j' , 2003 by G the N. �.� ��-- and of Halle Properties, L.L.C., a limited liability company under the laws of Arizona on behalf of the company. me on the 2* day of and OFFICIAL SEAL STEPHANIE HELFMAN NOTARY PUBLIC - ARIZONA MARICOPA COUNTY M Comm. Expires Feb. 19, 2006 NOTICE IS HEREBY GIVEN that the City of Lino Lakes, County of Anoka, State of Minnesota, has accepted on , 2003, the above described easement in this document. Dated: , 2003 CITY OF LINO LAKES (SEAL) By Clerk This instrument was drafted by: William G. Hawkins and Associates 2140 Fourth Avenue North Anoka, Minnesota 55303 208878_1 EXHIBIT A ACQUISITION PARCEL (612 SF) // 70925 N89' �, - - --1 r -- I1 1 I 1 1 1 SCALE IN PO EXHIBIT "A" RIGHT -OF WAY ACQUISITION Part of Lot 1, Blk. Lino Lakes Market Place LINO LAKES, MINNESOTA COMM. NO. 12426 -01 AGENDA ITEM 71 STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: September 8, 2003 TOPIC: Resolution No. 03 -149, Declaring Cost to be Assessed, 21' Avenue Street & Storm Sewer Improvement Project VOTE REQUIRED: 3/5 Vote Required BACKGROUND: A Public Hearing for the 21' Avenue Street & Storm Sewer Improvement project was held on August 12, 2002. Following the public hearing, city staff held a meeting with the City of Centerville and reviewed the Joint Powers Agreement and the proposed improvements. The City Council authorized the preparation of plans and specifications and on September 9, 2002. The bids were received on August 29, 2003 and are within the project budget. The next step in the process is to declare the costs to be assessed. The total amount to be assessed is $360,000.00 OPTIONS: 1. Adopt Resolution 03 -149, Declaring Cost to be Assessed, 21St Avenue Street & Storm Sewer Improvement Project. 2. Not Adopt Resolution No 03 -149. 3. Return to staff for further review. RECOMMENDATION: Option No 1 - Staff recommends that Resolution No 03 -149 be adopted. CITY OF LINO LAKES RESOLUTION NO. 03-149 DECLARING COST TO BE ASSESSED, AND ORDERING PREPARATION OF PROPOSED ASSESSMENT 21ST AVENUE STREET & STROM SEWER IMPROVEMENT PROJECT WHEREAS, bids have been received for the improvement of 21st Avenue from Main Street south 675 feet for street reconstruction, and storm sewer improvements; and the bid price for such improvements is $228,821.90, and the expenses incurred or to be incurred in the making of such improvement amount to $131,178.10 so that the cost of the improvement will be $360,000.00. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: The portion of the cost of such improvement to be paid by the City of Lino Lakes is hereby declared to be zero and by the City of Centerville is hereby declared to be $120,000.00 and the portion of the cost to be assessed against benefited property owners is declared to be $240,000.00 as per the Joint Powers Agreement between the two cities. 2. Assessments shall be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable on or before May 15, 2004, and shall bear interest at the rate of 7 percent per annum from the date of the adoption of the assessment resolution. The city clerk, with the assistance of the city engineer, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The clerk shall upon the completion of such proposed assessment, notify the council thereof. Adopted by the Lino Lakes City Council this 8 day of September, 2003. John J. Bergeson, Mayor ATTEST: Ann Blair, City Clerk AGENDA ITEM 7J STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: September 8, 2003 TOPIC: Resolution No. 03 -150, Calling for Hearing on Proposed Assessment, 213f Avenue Street & Storm Sewer Improvement Project VOTE REQUIRED: 3/5 Vote Required BACKGROUND: Following the City's action declaring cost to be assessed for the 21st Avenue Street & Storm Sewer Improvement project, the City must call for a hearing on the proposed assessments. It is staff's recommendation to call for a hearing on the proposed assessments for the 21st Avenue Street & Storm Sewer Improvement project. OPTIONS: 1. Adopt Resolution 03 -150, Calling for Hearing on Proposed Assessment, 21st Avenue Street & Storm Sewer Improvement Project. 2. Not Adopt Resolution No 03 -150. 3. Return to staff for further review. RECOMMENDATION: Option No 1 - Staff recommends that Resolution No 03 -150 be adopted. CITY OF LINO LAKES RESOLUTION NO. 03-150 RESOLUTION CALLING FOR HEARING ON PROPOSED ASSESSMENT 21ST AVENUE STREET & STORM SEWER IMPROVEMENT PROJECT WHEREAS, by a resolution passed by the City of Lino Lakes City Council on September 8, 2003, the city clerk was directed to prepare a proposed assessment of the cost of improving 21st Avenue from Main Street south 675 feet by street reconstruction, and storm sewer improvement; and WHEREAS, the clerk has notified the council that such proposed assessment has been completed and filed in her office for public inspection, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. A hearing shall be held on the 13th day of October, 2003 in council chambers of city hall at 6:30 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of the improvement. She shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll no less than two weeks prior to the hearings. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, the City Finance Director, except that no interest shall be charged if the entire assessment is paid by November 26, 2003. If assessment is not paid in full, interest shall accrue beginning on October 13, 2003. He may at any time thereafter, pay to the City Finance Director the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. Adopted by the Lino Lakes City Council this 8th day of September, 2003. John J. Bergeson, Mayor ATTEST: Ann Blair, City Clerk