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HomeMy WebLinkAbout09/22/2003 Council PacketWORK SESSION AGENDA CITY OF LINO LAKES Thursday September 18, 2003 CITY COUNCIL WORK SESSION Community Room (not televised) 5:30 P.M. 1. Marshan Lakes Industrial Park, Michael Grochala, Mary Divine a. Tax Increment Financing Request b. Environmental Assessment Worksheet 2. Millers Crossroads (Bruggeman Development), Michael Grochala, Jeff Smyser 3. Tax Increment Financing District 1 -11, Michael Grochala, Mary Divine 4. 2004 MSA Street Improvement Projects (Holly Drive /62nd Street) • 5. Regular Agenda Items 6. Adjourn Revised 09/15/03 mmg 12:15 p.m. 1 • • • AGENDA CITY OF LINO LAKES Monday, September 22, 2003 Council Chambers EDA Meeting 6 p.m. 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 22, 2003 (Check No. 69084 through 69228 in the amount of $970,174.99). ii) Centennial Fire District (Check No. 13946 through 13960 in the amount of $8,836.38). B) Election Judge Approval for November 4th Election C) Consider Resolution No. 03 -170 Changing December Meeting Dates 2. Open Mike 3. Finance Department Report, Al Rolek None. 4. Administration Department Report, Dan Tesch A) Consider 2004 Centennial Fire District Budget Page 1 • • • • 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) Marshan Lake Industrial Park, Michael Grochala i. Consideration of Resolution No. 03 -167, Making a Negative Declaration on the Need for an Environmental Impact Statement for Marshan Lake Industrial Park, Michael Grochala ii. Consideration of Resolution No. 03 -168, Approving Preliminary Plat, Marshan Lake Industrial Park, Michael Grochala iii. Consideration of Resolution No. 03 -166, Approving Business Subsidy, Mary Divine iv. Consideration of Resolution No. 03 -169, Approving Development Agreement, Michael Grochala B) Consider 2nd Reading of Ordinance 16 -03, Rezoning Property from R- Rural to R -1, Single Family Residential, Hailey Manor, Jeff Smyser C) Consider 2nd Reading, Ordinance No. 18 -03, Rezoning From R -1 to R -2, Crystal Cove, Jeff Smyser D) 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 Page 2 • • AGENDA E) Consideration of Resolution No. 03 -155, Calling for Hearing, Modifying Development District No. 1 and Establishing Tax Increment Financing District 1 -11, Mary Alice Divine F) Consider 1St Reading of Ordinance No. 21 -03, Amending the Lino Lakes Zoning Ordinance Relating to Personal Services in the GB District, Jeff Smyser Consideration of Resolution No. 03 -156, Accepting Feasibility Report and Calling Hearing on Improvements, 2004 -2005 Street Improvement Project, Jim Studenski H) Consideration of Resolution No. 03 -157, Approving Final Payment, Main Street Utility Extension, Jim Studenski 1) Consideration of Resolution No. 03 -158, Accepting Bids and Awarding Contract, 2003 Surface Water Management Project, Jim Studenski J) Consideration of Resolution No. 03 -159, Accepting Bids and Awarding Contract, 2003 Wear Course Project, Jim Studenski K) Twilight Acres Sanitary Sewer Project, Jim Studenski i. Consideration of Resolution No. 03 -160, Declaring Costs to Be Assessed and Ordering Preparation of Proposed Assessment ii. Consideration of Resolution No. 03 -161, Call for Hearing on Proposed Assessments L) West Shadow Ponds, Jim Studenski i. Consideration of Resolution No. 03 -162, Declaring Costs to Be Assessed and Ordering Preparation of Proposed Assessment ii. Consideration of Resolution No. 03 -163, Call for Hearing on Proposed Assessments M) Individual Utility Connection Assessments, Jim Studenski i. Consideration of Resolution No. 03 -164, Declaring Costs to Be Assessed and Ordering Preparation of Proposed Assessment ii. Consideration of Resolution No. 03 -165, Call for Hearing on Proposed Assessments 8. Unfinished Business A) Approval of minutes of August 11, 2003 City Council Meeting Page 3 r • • • • AGENDA B) Approval of minutes of the August 20, 2003 Council Work Session 9. New Business A) Approval of minutes of August 25, 2003 City Council Meeting B) Approval of minutes of September 3, 2003 Council Work Session C) Approval of minutes of September 8, 2003 City Council Meeting 10. Community Calendar, September 23, 2003 through October 13, 2003: A) Environmental Board Meeting, Wednesday, September 21, 2003, 6:30 parr. CANCELLED B) EDAC Meeting, Thursday, October 2, 2003, 7:00 a.m. C) Recycling Day, Saturday, October 4, 2003, 9:00 a.m.- 3:00 p.m D) Park Board Meeting, Monday, October 6, 2003, 6:30 p.m. E) Council Work Session, Wednesday, October 8, 2003, 5:30 p.m. F) Planning & Zoning Board Meeting, Wednesday, October 8, 2003, 6:30 p.m. G) Charter Commission Meeting, Thursday, October 9, 2003 H) City Council Meeting, Monday, October 13, 2003, 6:30 p.m. 11. Adjourn Revised 09/15/03 mmg 12:13 p.m. Page 4 • • • AGENDA ECONOMIC DEVELOPMENT AUTHORITY MONDAY SEPTEMBER 22, 2003 6:00 P.M. 1. Call to Order and Roll Call 2. Consideration of Minutes of August 11, 2003 3. Public Hearing: Proposed Business Subsidy to Panattoni Development, LLC 3A. Consideration of Resolution No.03 -06 approving a contract for private development by and between the Lino Lakes EDA and Panattoni Development, LLC. 4. Consideration of Resolution No. 03 -07 authorizing the preparation of a plan to modify Development District No. 1 and to establish Redevelopment Tax Increment Financing District No. 1 -11 5. Adjourn • 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 • 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 • DATE MEMBERS PRESENT MEMBERS ABSENT OTHERS PRESENT CITY OF LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY MINUTES : August 11, 2003 : J. Bergeson, D. Carlson, C. Dahl, J. O'Donnell, J. Reinert : None : Mary Divine, Dan Tesch, Michael Grochala and Bill Hawkins CONSIDERATION OF MINUTES OF JUNE 23, 2002 EDA Member O'Donnell moved to approve the June 23, 2002 minutes, as presented. EDA Member Bergeson seconded the motion. Motion passed unanimously. Ms. Divine noted that at the work session Councilmember Dahl asked for a worksheet on Tax Increment Financing, which she has tonight for review. She indicated the Finance Director put the information together, which shows the different TIF Districts that are open, the year they were certified, which projects received assistance, etc. She advised TIF District 1 -7 will be decertified at the end of 2003, as will TIF District 3 -1, and TIF District 1 -8 at the end of next year. She further advised TIF District 1 -9 will run its full course. EDA Member Bergeson asked if the taxes would be collected in 2004 or 2005. Ms. Divine indicated it would be on the tax roles of 2004, collected in 2004. EDA Member Bergeson noted there are budget preparations taking place, and he wonders if they included this as coming on line. Ms. Divine indicated she was not sure, but believes they have been, as they have been looking at this for some time. CONSIDERATION OF RESOLUTION NO. 03-04, ADOPTING A MODIFIED PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 AND ESTABLISHING TAX INCREMENT FINANCING DISTRICT NO. 1-10 (MARSHAN LAKE INDUSTRIAL PARK) Ms. Divine summarized the Staff report, clarifying what is being considered is adoption of the TIF plan, not approving any assistance within that TIF District. She indicated Staff recommends adoption of Resolution No. 03 -04 adopting a modified program for Development District No. 1 and establishing TIF District No. 1 -10. EDA Member Bergeson moved to adopt Resolution No. 03 -04 adopting a modified program for Development District No. 1 and establishing TIF District No. 1 -10. EDA Member O'Donnell seconded the motion. EDA MINUTES AUGUST 11, 2003 DRAFT •44 EDA Member Dahl asked for clarification that they are adding a district here and the next resolution 45 is eliminating one. Ms. Divine stated this is creating a TIF District, and the next is taking 2 parcels 46 that are in Tit' District 1 -9 and moving them to the new TIF District 1 -10. 47 48 Motion carried. EDA President Carlson and EDA Member Dahl opposed. 49 50 CONSIDERATION OF RESOLUTION 03 -05, MODIFYING TAX INCREMENT 51 FINANCING DISTRICT NO. 1 -9 TO ELIMINATE TWO PARCELS FROM THE DISTRICT 52 53 Ms. Divine summarized her report, indicating Staff is recommending adoption of Resolution No. 03- 54 05 modifying Tax Increment Financing District No. 1 -9 to eliminate two parcels from the District. 55 56 EDA Member Dahl moved to adopt Resolution No. 03 -05 modifying Tax Increment Financing 57 District No. 1 -9 to eliminate two parcels from the District. EDA Member Bergeson seconded the 58 motion. Motion carried unanimously. 59 60 EDA Member Dahl indicated on the Tax Increment District update it says LLBC. She asked what 61 that was. Ms. Divine indicated it is the Lino Lakes Business Center. EDA Member Dahl asked if the 62 City owns that property. Ms. Divine stated they do not. Mr. Fogerty purchased that property from the 63 city. 64 •65 ADJOURNMENT 66 67 There being no further business, EDA Member O'Donnell moved to adjourn. EDA Member 68 Bergeson seconded the motion. Motion passed unanimously. 69 70 Meeting adjourned at 6:21 p.m. 71 72 73 74 75 76 77 78 Transcribed by: 79 Karen Whaley 80 TimeSaver Off Site Secretarial, Inc. 81 • 2 • AGENDA ITEM 3 • • STAFF ORIGINATOR: Mary Alice Divine DATE: 09/22/03 TOPIC: Public Hearing on the proposed business subsidy to Panattoni Development, LLC Vote Required: Simple Majority BACKGROUND: Panattoni Development has made a request for tax increment financing on behalf of the tenant, Distribution Alternatives, Inc. (DAI). Panattoni will be constructing a 265,000 sq. ft. distribution facility in the Marshan Lake Industrial Park, and leasing the space to DAI. DAI is a third party distribution center that provides warehousing and administrative services for a variety of clients. DAI currently has facilities in Arden Hills and Roseville, and will be consolidating its headquarters and distribution services in Lino Lakes. The company employs approximately 60 full time employees, including accounting, information systems, marketing, operations and warehouse staff, plus additional temporary employees. The company has committed to hiring at least four (4) new employees within two years at no less than $10.00 per hour, plus benefits. Based on an analysis of information provided by Panattoni and DAI, staff and the city's TIF consultant recommend providing five years of increment at $127,680 per year for a total of $638,400. EDA Business Subsidy Criteria has been established for use in evaluating a request for a business subsidy. The following criteria should be used in evaluating a request for a business subsidy: 1. Public purpose. A business subsidy must meet a public purpose, including but not limited to increasing the tax base. Job retention may only be considered a public purpose if the Toss of jobs is specific and demonstrable. 2. Increase in tax base. While an increase in the tax base cannot be the sole rounds for granting a subsidy, the EDA believes it is a necessary condition for any subsidy. 3. Jobs and Wages. In instances in which job creation is determined to be a goal, it is the EDA's intent that the recipient create the maximum number of livable wage jobs at the site. This may include jobs to be retained but • only if retention is specific and demonstrable. The job and wage goal must be attained within two years of the benefit date. The EDA may, after a public hearing, extend for up to one year the period for meeting the job and wage goal. Livable wage jobs are those which pay, at a minimum, 110 percent of the federal minimum wage, plus benefits. Any deviation from the established wage level must be documented in conformity with the requirements set forth in the Act. If the EDA, following a public hearing, determines that job creation or retention is not part of the public purpose of the subsidy, the wage and job goal may be set at zero. 4. Economic Development. Projects should promote one or more of the following: a. Encourage economic and commercial diversity within the community; b. Contribute to the establishment of a critical mass of commercial development within an area; c. Increase the range of goods and services available or encourage fast growing or other desirable businesses to locate or expand within the community; d. Promote redevelopment objectives and removal of blight, including pollution cleanup;. e. Promote the retention or adaptive reuse of buildings of historical of architectural significance; f. Promote additional or spin -off development within the community; or g. Encourage full utilization of existing or planned infrastructure improvements. The city's Economic Development Advisory Committee has reviewed this project. The committee recommended the EDA support the project, since it met the necessary subsidy criteria, building standards. zoning codes and the Comprehensive Plan land use designation. A public hearing is required by statute when the EDA is considering granting a subsidy that exceeds $100,000. OPTIONS: 1. Open the public hearing 2. Continue the public hearing RECOMMENDATION: Option 1 • • To: Mr. Michael Grochala Ms. Mary Divine Cc: Paul Steinman From: Rob Davidson Patrick Pelstring Subject: Business Subsidy — Job Growth Objectives On behalf of Distribution Alternatives, Inc. we wanted to propose a jobs growth proposal, consistent with the State of Minnesota's Business Subsidy policy. As we have previously discussed, Distribution Alternatives, Inc. reviewed a number of different sites for development of their facility, including one site in Wisconsin. The Lino Lakes site assures that all of the existing employees will continue to be Minnesota jobs. More importantly, the current employment will all represent new employees working in the City of Lino Lakes. We would expect that many of these employees also consider living in Lino Lakes, near the Distribution Alternatives, Inc. facility. The State's Business Subsidy legislation requires a "payback" of the business subsidy if the company does not meet its job creation objectives. As a result, most agreements are written very conservatively in terms of job growth. Distribution Alternatives does project significant job growth, but the "payback" requirements can may create very difficult situations. If a company does not meet the job growth objectives are most often a function of economic conditions, which are out of the control of the company. Further, any required payback may add to a difficult financial situation, further impairing the company's ability to preserve the jobs of its existing workforce. We want to respond positively to the prospect of additional job growth in our new Lino Lakes facility. For this reason, we are proposing a job growth "target" that represents our best intentions, based on current economic and business forecasts. We would propose a significantly lower "job growth objectives" required for the State's business subsidy requirement. As such, we propose a two year plan, as follows: Accounting Information Systems Marketing & Customer Service Operations Management Warehouse Staff Totals Current # of Employees* 2 5 13 4 39 63 Current Ave. Hourly Rate $ 20.49 $ 23.85 $ 21.11 $ 26.01 $ 13.37 Target Job Job Growth Growth Objective ** 1 0 2 1 2 1 0 0 10 2 15 4 Minimum Hourly Rate $ 14.50 $ 16.00 $ 15.00 $ 17.50 $ 10.00 * Full Time employees currently employed and moving to Lino Lakes. Does not include the temporary employees, which may number up to 60 people, depending on the season. ** Represents the job growth objectives subject to State Statute's requirements. These job growth estimates are meant to be cumulative through the entire company, regardless of job classification. • • LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY BUSINESS SUBSIDY CRITERIA (Revised June 23, 2003) Section 1. Purpose; Statutory Compliance 1.01 The purpose of this document is to establish the criteria to be considered by the Lino Lakes Economic Development Authority (the "EDA ") in processing, evaluating and reviewing requests for business subsidies. It is the intent of the EDA in adopting these revised criteria to comply with Minnesota Statutes, Sections 116J.993 through 116J.995 (the "Act "). The EDA hereby adopts the definitions contained in the Act for application in the criteria. 1.02. Business subsidy criteria were adopted by the EDA on June 23, 2003 and are hereby revised. The EDA has the option to amend these criteria again in the future if doing so is determined necessary or appropriate. Amendments to these criteria are subject to the public hearing requirements of the Act. 1.03. These criteria are intended to set specific minimum requirements which recipients must meet to be eligible to receive business subsidies. The EDA will not adopt business subsidy criteria on a case by case basis. 1.04. In accordance with the Act, all business subsidy requests must comply with the Act and other applicable Minnesota statutes. The EDA's ability to grant business subsidies is subject to the limitations established in the Act. Section 2. Goals and Objectives 2.01 It is the EDA's intent to advance the following goals and objectives in granting business subsidies: (a) Projects must be consistent with Lino Lakes' comprehensive plan and any other similar plan or guide for development of the community. (b) Business subsidies will not be provided for projects which have the financial feasibility to proceed without a public subsidy. (c) Potential recipients will be required to provide such studies, reports, appraisals, financial information or other data as may be requested by the EDA prior to consideration of a request for a business subsidy. 2.02 Business subsidies must be justified by evidence that the project cannot proceed without the benefit of the subsidy. If tax increment financing is used to grant a subsidy, the recipient must demonstrate compliance with all statutory requirements of the TIF Act, including the "but for" test, and any TIF policy adopted by the EDA. The recipient will be required to provide all documentation RHB 232372v2 LN140 -12 1 • necessary for the EDA to make the requisite fundings under the TIF Act and the Act. 2.03 Recipients will be required to enter into an agreement with the EDA which is consistent with statutory requirements and which contains measurable, specific and tangible goals. The agreement must include a commitment to remain in business in Lino Lakes for a minimum of five years after the benefit date, unless waived by the EDA, and a requirement to comply with the specific job and wage goals established for the project, if any. The agreement must also be approved by the Lino Lakes City Council. Section 3. Business Subsidy Criteria 3.01 The EDA recognizes that every proposal is unique. Nothing in these criteria shall be deemed to be an entitlement or to establish a contractual right to a subsidy. The EDA may modify these criteria from time to time and reserves the right to evaluate each project on its individual merits. The EDA may deviate from these criteria by documenting in writing the reason for the deviation and attaching a copy of the document to its next annual report to the Minnesota state agency charged with administration thereof. 3.02 The following criteria shall be utilized in evaluating a request for a business • subsidy: RHB232372v2 LN 140 -12 (a) Public purpose. A business subsidy must meet a public purpose, including but not limited to increasing the tax base. Job retention may only be considered a public purpose if the loss of jobs is specific and demonstrable. (b) Increase in tax base. While an increase in the tax base cannot be the sole rounds for granting a subsidy, the EDA believes it is a necessary condition for any subsidy. (c) Jobs and Wages. In instances in which job creation is determined to be a goal, it is the EDA's intent that the recipient create the maximum number of livable wage jobs at the site. This may include jobs to be retained but only if retention is specific and demonstrable. The job and wage goal must be attained within two years of the benefit date. The EDA may, after a public hearing, extend for up to one year the period for meeting the job and wage goal. Livable wage jobs are those which pay, at a minimum, 110 percent of the federal minimum wage, plus benefits. Any deviation from the established wage level must be documented in conformity with the requirements set forth in the Act. If the EDA, following a public hearing, determines that job creation or retention is not part of the public purpose of the subsidy, the wage and job goal may be set at zero. 2 • (d) Economic Development. Projects should promote one or more of the following: • • 1. Encourage economic and commercial diversity within the community; 2. Contribute to the establishment of a critical mass of commercial development within an area; 3. Increase the range of goods and services available or encourage fast growing or other desirable businesses to locate or expand within the community; 4. Promote redevelopment objectives and removal of blight, including pollution cleanup; 5. Promote the retention or adaptive reuse of buildings of historical or architectural significance; 6. Promote additional or spin -off development within the community; or 7. Encourage full utilization of existing or planned infrastructure improvements. Section 4. Minimum Requirements 4.01. In order for a recipient to be eligible for a business subsidy, the following minimum requirements must be met; (a) Compliance with Sections 2.01. a, b, and c; (b) Compliance with Section 3.02 b; and (c) Compliance with Sections 3.02 c or d. Section 5. Compliance and Reporting Requirements 5.01 Any subsidy granted by the EDA will be subject to the requirement of a public hearing, if necessary., and must be approved by the Lino Lakes City Council. 5.02 It will be necessary for both the recipient and the EDA to comply with reporting and monitoring requirements of the Act. 5.03 A recipient may be authorized to move from Lino Lakes within five years of the benefit date only if, after a public hearing, the EDA approves the request to move. RHB232372v2 LN140 -12 3 • AGENDA ITEM 3A • • STAFF ORIGINATOR: DATE: TOPIC: VOTE REQUIRED: BACKGROUND: Mary Alice Divine 09/22/03 Consideration of Resolution No. 03 -06 approving the Contract for Private Development between Lino Lakes EDA and Panattoni Development, LLC 3/5 This development contract outlines the conditions for public assistance to Panattoni for the construction of a 265,000- square foot facility on 13.47 acres in the Marshan Lake Industrial Park. The proposed facility will have a market value of $9,751,500 for an estimated $290,000 in total annual taxes (including the state tax on C/I that cannot be used to generate TIF). This agreement is based on a total pay -as- you -go TIF subsidy of $638,400 for qualifying reimbursable site improvement costs paid over five years in increments of $127,680 per year. Payback starts in August 2006 and concludes in February 2011. The development agreement also specifies that Panattoni will be required to operate the building as a manufacturing, warehouse or distribution facility in Lino Lakes for a minimum of five years, and specifies the wage and job goals that must be met within two years of occupancy. The agreement also incorporates submission of a letter of credit for 35% of the site improvements costs. OPTIONS: 1. Approve Resolution No. 03 -06 authorizing a Contract for Private Development between Lino Lakes EDA and Panattoni Development, LLC 2. Return to staff for further consideration RECOMMENDATION: Option 1 1 • LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. 03-06 RESOLUTION APPROVING CONTRACT FOR PRIVATE DEVELOPMENT AND AWARDING THE SALE OF, AND PROVIDING THE FORM, TERMS, COVENANTS AND DIRECTIONS FOR THE ISSUANCE OF ITS $638,400 TAX INCREMENT REVENUE NOTE, SERIES 2001. BE IT RESOLVED BY the City Council ( "Council ") of the Lino Lakes Economic Development Authority (the "Authority ") as follows: Section 1. Authorization; Award of Sale. 1.01. Authorization. The Authority has heretofore approved the establishment of Tax Increment Financing District No. 1 -10 (the "TIF District ") within Development District No. 1 ( "Project "), and have adopted a tax increment financing plan for the purpose of financing certain improvements within the Project. Pursuant to Minnesota Statutes, Section 469.178, the Authority is authorized to issue and sell its bonds for the purpose of financing a portion of the public development costs of the Development District. Such bonds are payable from all or any portion of revenues derived from the TIF District and pledged to the payment of the bonds. The Authority hereby finds and determines that it is in the best interests of the Authority that it issue and sell its $638,400 Tax Increment Revenue Note, Series 20 (the "Note ") for the purpose of financing certain public costs of the Project. 1.02. Agreement Approved; Issuance, Sale, and Terms of the Note. The Authority hereby approves the Contract for Private Development (the "Agreement ") between the Authority and the Panattoni Development Co., LLC (the "Owner ") and authorizes the Mayor and City Administrator to execute such Agreement in substantially the form on file with Authority, subject to modifications that do not alter the substance of the transaction and are approved by such officials, provided that execution of the Agreement by such officials is conclusive evidence of their approval. Pursuant to the Agreement, the Note shall be sold to the Owner. The Note shall be dated as of the date of deliver. The Authority shall receive in exchange for the sale of the Note the agreement of the Owner to pay the Site Improvement Costs as defined in the Agreement. The Note will be delivered in accordance with the terms of Section 3.3 of the Agreement. Section 2. Form of Note. The Note shall be in substantially the following form, with the blanks to be properly filled in and the principal amount and payment schedule adjusted as of the date of issue: SJB- 237079v2 LN140 -81 C -1 • UNITED STATE OF AMERICA STATE OF MINNESOTA COUNTY OF ANOKA LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY No. R -1 $638,400 TAX INCREMENT REVENUE NOTE SERIES 20 Date of Original Issue The Lino Lakes Economic Development Authority (the "Authority "), for value received, certifies that it is indebted and hereby promises to pay to Panattoni Development Co., LLC or registered assigns (the "Owner "), the principal sum of $638,400, without interest thereon, as and to the extent set forth herein. 1. Payments. Principal payments ( "Payments ") shall be paid on August 1, 2006 and each February 1 and August 1 thereafter to and including February 1, 2011 ( "Payment Dates ") in the amounts and from the sources set forth in Section 2 herein. Payments are payable by mail to the address of the Owner or such other address as the Owner may designate upon 30 days written notice to the Authority. Payments on this Note are payable in any coin or currency of the United States of America which, on the Payment Date, is legal tender for the payment of public and private debts. 2. Available Tax Increment. Payments on this Note are payable on each Payment Date in the amount of and solely from "Available Tax Increment," which means, on each Payment Date, 80.0 percent of the Tax Increment attributable to the Development Property and paid to the Authority by Anoka County in the six months preceding the Payment Date, all as such terms are defined in the Contract for Private Development between the Authority and Owner dated as of , 2003 (the "Agreement "). Available Tax Increment shall not include any Tax Increment if, as of any Payment Date, there is an uncured Event of Default under the Agreement. The Authority shall have no obligation to make any payment on this Note on any Payment Date from any source other than Available Tax Increment, and the failure of the Authority to pay principal on any Payment Date shall not constitute a default hereunder as long as the Authority pays principal to the extent of Available Tax Increment. The Authority shall have no obligation to pay unpaid balance of principal that may remain after the final Payment on February 1, 2011. 4. Optional Prepayment. The principal sum payable under this Note is prepayable in whole or in part at any time by the Authority without premium or penalty. SJB- 237079v2 C -2 LN 140 -81 • • 5. Termination. At the Authority's option, this Note shall terminate and the Authority's obligation to make any payments under this Note shall be discharged upon the occurrence of an Event of Default on the part of the Developer as defined in Section 9.1 of the Agreement, but only if the Event of Default has not been cured in accordance with Section 9.2 of the Agreement. 6. Nature of Obligation. This Note is one of an issue in the total principal amount of $638,400 all issued to aid in financing certain public development costs and administrative costs of a Project undertaken by the Authority pursuant to Minnesota Statutes, Sections 469.125 through 469.134, and is issued pursuant to an authorizing resolution (the "Resolution ") duly adopted by the Authority on September _, 2003 pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Sections 469.174 to 469.179. This Note is a limited obligation of the Authority which is payable solely from Available Tax Increment pledged to the payment hereof under the Resolution. This Note shall not be deemed to constitute a general obligation of the State of Minnesota or any political subdivision thereof, including, without limitation, the Authority. Neither the State of Minnesota, nor any political subdivision thereof shall be obligated to pay the principal of this Note or other costs incident hereto except out of Available Tax Increment, and neither the full faith and credit nor the taxing power of the State of Minnesota or any political subdivision thereof is pledged to the payment of the principal of this Note or other costs incident hereto. 7. Registration and Transfer. This Note is issuable only as a fully registered note without coupons. As provided in the Resolution, and subject to certain limitations set forth therein, this Note is transferable upon the books of the Authority kept for that purpose at the principal office of the Authority Administrator, by the Owner hereof in person or by such Owner's attorney duly authorized in writing, upon surrender of this Note together with a written instrument of transfer satisfactory to the Authority, duly executed by the Owner. Upon such transfer or exchange and the payment by the Owner of any tax, fee, or governmental charge required to be paid by the Authority with respect to such transfer or exchange, there will be issued in the name of the transferee a new Note of the same aggregate principal amount, bearing no interest and maturing on the same dates. This Note shall not be transferred to any person other than an affiliate, or other related entity, of the Owner unless the Authority has been provided with an opinion of counsel or a certificate of the transferor, in a form satisfactory to the Authority, that such transfer is exempt from registration and prospectus delivery requirements of federal and applicable state securities laws. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen, and to be performed in order to make this Note a valid and binding limited obligation of the Authority according to its terms, have been done, do exist, have happened, and have been performed in due form, time and manner as so required. IN WITNESS WHEREOF, the City Council of the Lino Lakes Economic Development Authority has caused this Note to be executed with the manual signatures of its Mayor and City Administrator, all as of the Date of Original Issue specified above. SJB- 237079v2 LN140 -81 C -3 • • LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY City Administrator Mayor REGISTRATION PROVISIONS The ownership of the unpaid balance of the within Note is registered in the bond register of the City Administrator, in the name of the person last listed below. Date of Signature of Registration Registered Owner City Administrator Panattoni Development Co., LLC Federal Tax I.D. No. 41- 1714241 Section 3. Terms, Execution and Delivery. 3.01. Denomination, Payment. The Note shall be issued as a single typewritten note numbered R -1. The Note shall be issuable only in fully registered form. Principal of the Note shall be payable by check or draft issued by the Registrar described herein. 3.02. Payment Dates. Installments of Principal of the Note shall be payable by mail to the owner of record thereof as of the close of business on the fifteenth day of the month preceding the Payment Date, whether or not such day is a business day. 3.03. Registration. The Authority hereby appoints the City Administrator to perform the functions of registrar, transfer agent and paying agent (the "Registrar "). The effect of registration and the rights and duties of the Authority and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its office a bond register in which the Registrar shall provide for the registration of ownership of the Note and the registration of transfers and exchanges of the Note. (b) Transfer of Note. Upon surrender for transfer of the Note duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form reasonably satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the SJB- 237079v2 C -4 LN 140 -81 • • • name of the designated transferee or transferees, a new Note of a like aggregate principal amount and maturity, as requested by the transferor. Notwithstanding the foregoing, the Note shall not be transferred to any person other than an affiliate, or other related entity, of the Owner unless the Authority has been provided with an opinion of counsel or a certificate of the transferor, in a form satisfactory to the Authority, that such transfer is exempt from registration and prospectus delivery requirements of federal and applicable state securities laws. The Registrar may close the books for registration of any transfer after the fifteenth day of the month preceding each Payment Date and until such Payment Date. (c) Cancellation. The Note surrendered upon any transfer shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the Authority. (d) Improper or Unauthorized Transfer. When the Note is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Note or separate instrument of transfer is legally authorized. The Registrar shall incur no liability for its refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (e) Persons Deemed Owners. The Authority and the Registrar may treat the person in whose name the Note is at any time registered in the bond register as the absolute owner of the Note, whether the Note shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of such Note and for all other purposes, and all such payments so made to any such registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability of the Authority upon such Note to the extent of the sum or sums so paid. (f) Taxes, Fees and Charges. For every transfer or exchange of the Note, the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee, or other governmental charge required to be paid with respect to such transfer or exchange. (g) Mutilated, Lost, Stolen or Destroyed Note. In case any Note shall become mutilated or be lost, stolen, or destroyed, the Registrar shall deliver a new Note of like amount, maturity dates and tenor in exchange and substitution for and upon cancellation of such mutilated Note or in lieu of and in substitution for such Note lost, stolen, or destroyed, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case the Note lost, stolen, or destroyed, upon filing with the Registrar of evidence satisfactory to it that such Note was lost, stolen, or destroyed, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance, and amount satisfactory to it, in which both the Authority and the Registrar shall be named as obligees. The Note so surrendered to the Registrar shall be cancelled by it and evidence of such cancellation shall be given to the Authority. If the mutilated, lost, stolen, or destroyed Note has already matured or been called for redemption in accordance with its terms, it shall not be necessary to issue a new Note prior to payment. 3.04. Preparation and Delivery. The Note shall be prepared under the direction of the Authority's Executive Director and shall be executed on behalf of the Authority by the signatures of its President and Executive Director. In case any officer whose signature shall appear on the Note shall cease to be such officer before the delivery of the Note, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. SJB- 237079v2 LN140 -81 C -5 When the Note has been so executed, it shall be delivered by the Executive Director to the Owner • thereof upon satisfaction of the conditions for delivery under the Agreement. • • Section 4. Security Provisions. 4.01. Pledge. The Authority hereby pledges to the payment of the principal of the Note all Available Tax Increment as defined in the Note. 4.02. Bond Fund. Until the date the Note is no longer outstanding and no principal thereof (to the extent required to be paid pursuant to this resolution) remains unpaid, the Authority shall maintain a separate and special "Bond Fund" to be used for no purpose other than the payment of the principal of the Note. Any Available Tax Increment remaining in the Bond Fund shall be transferred to the Authority's account for TIF District No. 1 -10 upon the payment of all principal to be paid with respect to the Note. Section 5. Certification of Proceedings. 5.01. Certification of Proceedings. The officers of the Authority are hereby authorized and directed to prepare and furnish to the Owner of the Note certified copies of all proceedings and records of the Authority, and such other affidavits, certificates, and information as may be required to show the facts relating to the legality and marketability of the Note as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates, and affidavits, including any heretofore furnished, shall be deemed representations of the Authority as to the facts recited therein. Section 6. Effective Date. This resolution shall be effective upon full execution of the Agreement. SJB- 237079v2 LN 140 -81 C -6 • Adopted this , 2003 • ATTEST: Executive Director SJB- 237079v2 LN 140 -81 President C -7 Second Draft III September 16, 2003 • • CONTRACT FOR PRIVATE DEVELOPMENT By and Between LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY and PANATTONI DEVELOPMENT CO., LLC Dated as of: September _, 2003 This document was drafted by: KENNEDY & GRAVEN, Chartered 470 Pillsbury Center Minneapolis, Minnesota 55402 Telephone: (612) 337 -9300 SJB- 237079v2 LN 140 -81 • TABLE OF CONTENTS Page PREAMBLE 1 ARTICLE I Definitions Section 1.1. Definitions 2 ARTICLE II Representations and Warranties Section 2.1. Representations by the Authority 5 Section 2.2. Representations and Warranties by the Developer 5 ARTICLE III Site Improvement Costs; Financing Section 3.1. Status of Development Property 7 Section 3.2. Environmental Conditions 7 Section 3.3. Financing of Site Improvement Costs 7 Section 3.4. Payment of Administrative Costs 8 Section 3.5 Records 8 Section 3.6 Business Subsidy Agreement 8 ARTICLE IV Construction of Minimum Improvements Section 4.1. Construction of Improvements 11 Section 4.2. Construction Plans 11 Section 4.3. Commencement and Completion of Construction 12 Section 4.4. Certificate of Completion 12 Section 4.5. Security for Site Improvements 13 ARTICLE V Insurance and Condemnation Section 5.1. Insurance 15 Section 5.2. Subordination 16 ARTICLE VI Tax Increment; Taxes Section 6.1. Right to Collect Delinquent Taxes 17 • Section 6.2. Reduction of Taxes 17 Section 6.3. Covenant Not to Petition 17 SJB- 237079v2 LN 140 -81 i • ARTICLE VII Financing Section 7.1. Financing 18 Section 7.2 Subordination 18 ARTICLE VIII Prohibitions Against Assignment and Transfer; Indemnification Section 8.1. Representation as to Development 19 Section 8.2. Prohibition Against Developer's Transfer of Property and Assignment of Agreement 19 Section 8.3. Release and Indemnification Covenants 20 ARTICLE IX Events of Default Section 9.1. Events of Default Defined 22 Section 9.2. Remedies on Default 22 Section 9.3. [Intentionally Omitted] 22 Section 9.4. [Intentionally Omitted] 22 Section 9.5 No Remedy Exclusive 22 Section 9.6 No Additional Waiver Implied by One Waiver 23 ARTICLE X Additional Provisions Section 10.1. Conflict of Interests; Authority Representatives Not Individually Liable 24 Section 10.2. Equal Employment Opportunity 24 Section 10.3. Restrictions on Use 24 Section 10.4. Provisions Not Merged With Deed 24 Section 10.5. Titles of Articles and Sections 24 Section 10.6. Notices and Demands 24 Section 10.7. Counterparts 25 Section 10.8. Recording 25 TESTIMONIUM SIGNATURES SCHEDULE A SCHEDULE B SCHEDULE C SJB- 237079v2 LN140 -81 Development Property Certificate of Completion Authorizing Resolution ii • • CONTRACT FOR PRIVATE DEVELOPMENT THIS AGREEMENT, made as of the day of September, 2003, by and between the LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY, a public body corporate and politic under the laws of Minnesota (the "Authority "), and PANATTONI DEVELOPMENT CO., LLC, a California limited liability company (the "Developer "). WITNESSETH: WHEREAS, the Authority has undertaken a program to promote economic development and job opportunities and to promote the development of land which is underutilized within the City, and in this connection created Development District No. 1 (hereinafter referred to as the "Project ") in an area (hereinafter referred to as the "Project Area ") located in the City and a Tax Increment Financing District No. 1 -10 (the "TIF District ") within the Project Area, all pursuant to Minnesota Statutes, Sections 469.124 to 469.134 (the "Act ") and Minnesota Statutes, Sections 469.174 to 469.179; and WHEREAS, pursuant to the Act, the Authority is authorized to undertake certain activities to prepare such real property for development by private enterprise; and WHEREAS, in order to achieve the objectives of the Development Plan for the Project the Authority is prepared to pay certain public improvement costs of the Project, in order to bring about development in accordance with the Development Plan and this Agreement; and WHEREAS, the Authority believes that the development of the Project Area pursuant to this Agreement, and fulfillment generally of this Agreement, are in the vital and best interests of the Authority and the health, safety, morals, and welfare of its residents, and in accord with the public purposes and provisions of the applicable State and local laws and requirements under which the Project has been undertaken and is being assisted. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: SJB- 237079v2 LN140 -81 1 • • ARTICLE I Definitions Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears from the context: "Act" means Minnesota Statutes, Sections 469.124 to 469.134, as amended. "Agreement" means this Agreement, as the same may be from time to time modified, amended, or supplemented. "Authority" means the Lino Lakes Economic Development Authority. "Authority Representative" means "Authorizing Resolution" means the resolution of the Authority, substantially in the form of the attached Schedule C to authorize the issuance of the Note. "Business Subsidy Act" means Minnesota Statutes, Sections 116J.993 to 116J.995. "City" means the City of Lino Lakes. "Certificate of Completion" means the certification provided to the Developer, or the purchaser of any part, parcel or unit of the Development Property, pursuant to Section 4.4 of this Agreement. "Construction Plans" means the plans, specifications, drawings and related documents on the construction work to be performed by the Developer on the Development Property, including the Minimum Improvements, which (a) shall be as detailed as the plans, specifications, drawings and related documents which are submitted to the appropriate building officials of the City, and (b) shall include at least the following: (1) site plan; (2) foundation plan; (3) basement plans; (4) floor plan for each floor; (5) cross sections of each (length and width); (6) elevations (all sides); (7) landscape plan; and (8) such other plans or supplements to the foregoing plans as the Authority may reasonably request to allow it to ascertain the nature and quality of the proposed construction work. "County" means the County of Anoka, Minnesota. "Developer" means Panattoni Development Co., LLC, a California limited liability company or its permitted successors and assigns. "Development Property" means the real property described in Schedule A of this Agreement. • "Development Plan" means the Authority's Modified Development Program for Development District No. 1 as modified August 11, 2003 and as it may be further modified. SJB- 237079v2 LN140 -81 2 • • • "Event of Default" means an action by the Developer listed in Article IX of this Agreement. "Holder" means the owner of a Mortgage. "Maturity Date" means the later of (a) date that the Note has been paid in full or terminated in accordance with its terms, or (b) five years after substantial completion of the Minimum Improvements. "Minimum Improvements" means the construction on the Development Property of an approximately 265,000 square -foot distribution facility. "Mortgage" means any mortgage made by the Developer which is secured, in whole or in part, with the Development Property and which is a permitted encumbrance pursuant to the provisions of Article VIII of this Agreement. "Note" means a Tax Increment Revenue Note, substantially in the form contained in the Authorizing Resolution, to be delivered by the Authority to the Developer in consideration for the Developer's payment of Site Improvement Costs, and any obligation issued to refund the Note. "Project" means the Authority's Development District No. 1. "Project Area" means the real property located within the boundaries of the Project. "Site Improvements" or "Site Improvement Costs" means the construction by the Developer on the Development Property of: lighting; fences /screening; curbing/islands; delineators; storm drainage system/sewers /catch basins / culverts /swales; driveway /curbcuts /parking lot/fire lane; watermains; hydrants; sanitary sewers; landscaping; site grading; erosion control. "State" means the State of Minnesota. "Tax Increment" means that portion of the real property taxes which is paid with respect to the TIF District and which is remitted to the Authority as tax increment pursuant to the Tax Increment Act. "Tax Increment Act" or "TIF Act" means the Tax Increment Financing Act, Minnesota Statutes, Sections 469.174 to 469.179, as amended. "Tax Increment District" or "TIF District" means the Authority's Tax Increment Financing District No. 1 -10. "Tax Increment Plan" or "TIF Plan" means the Authority's Tax Increment Financing Plan for Tax Increment Financing District No. 1 -10, as approved August 11, 2003 and as it may be amended. "Tax Official" means any County assessor; County auditor; County or State board of equalization, the commissioner of revenue of the State, or any State or federal district court, the tax court of the State, or the State Supreme Court. SJB- 237079v2 LN140 -81 3 • • "Tenant" means Distribution Alternatives, Inc., a Minnesota corporation. "Unavoidable Delays" means delays beyond the reasonable control of the party seeking to be excused as a result thereof which are the direct result of strikes, other labor troubles, prolonged adverse weather or acts of God, fire or other casualty to the Minimum Improvements, litigation commenced by third parties which, by injunction or other similar judicial action, directly results in delays, or acts of any federal, state or local governmental unit (other than the Authority in exercising its rights under this Agreement) which directly result in delays. Unavoidable Delays shall not include delays in the Developer's obtaining of permits or governmental approvals necessary to enable construction of the Minimum Improvements by the dates such construction is required under Section 4.3 of this Agreement. SJB- 237079v2 LN140 -81 4 • • ARTICLE II Representations and Warranties Section 2.1. Representations by the Authority. The Authority makes the following representations as the basis for the undertaking on their part herein contained: (a) The Authority is a home rule charter city duly organized and existing under the laws of the State. Under the provisions of the Act, the Authority has the power to enter into this Agreement and carry out its obligations hereunder. (b) The activities of the Authority are undertaken for the purpose of fostering the development of certain real property which for a variety of reasons is presently unutilized and underutilized. Section 2.2. Representations and Warranties by the Developer. The Developer represents and warrants that: (a) The Developer is a limited liability partnership duly organized and in good standing under the laws of the State, is duly authorized to transact business within the State, has the power to enter into this Agreement, and has duly authorized execution of this Agreement by action of its general partner. (b) The Developer will construct, operate and maintain the Minimum Improvements in accordance with the terms of this Agreement, the Development Plan and all local, state and federal laws and regulations (including, but not limited to, environmental, zoning, building code and public health laws and regulations). (c) The Developer has received no notice or communication from any local, state or federal official that the activities of the Developer or the Authority in the Project Area may be or will be in violation of any environmental law or regulation (other than those notices or communications of which the Authority is aware). The Developer is aware of no facts the existence of which would cause it to be in violation of or give any person a valid claim under any local, state or federal environmental law, regulation or review procedure. (d) The Developer will construct the Minimum Improvements in accordance with all local, state or federal energy - conservation laws or regulations. (e) The Developer will obtain, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state and federal laws and regulations which must be obtained or met before the Minimum Improvements may be lawfully constructed. The Developer did not obtain a building permit for any portion of the Minimum Improvements before the date of approval of the TIF Plan for the '1'lr' District. (f) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the SJB- 237079v2 5 LN 140 -81 • • terms, conditions or provisions of any corporate restriction or any evidences of indebtedness, agreement or instrument of whatever nature to which the Developer is now a party or by which it is bound, or constitutes a default under any of the foregoing. (g) Whenever any Event of Default occurs and if the Authority shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement of performance or observance of any obligation or agreement on the part of the Developer under this Agreement, and the Authority prevails in such action, the Developer agrees that it shall, within ten days of written demand by the Authority, pay to the Authority the reasonable fees of such attorneys and such other expenses so incurred by the Authority. (h) The proposed development by the Developer hereunder would not occur but for the tax increment financing assistance being provided by the Authority hereunder. (i) The Developer shall promptly advise Authority in writing of all litigation or claims affecting any part of the Minimum Improvements and all written complaints and charges made by any governmental authority materially affecting the Minimum Improvements or materially affecting Developer or its business which may delay or require changes in construction of the Minimum Improvements. SJB- 237079v2 LN140 -81 6 • • ARTICLE III Site Improvement Costs, Financing Section 3.1. Status of Development Property. The Developer has entered into a purchase agreement to acquire the Development Property and will acquire such property. The Authority has no obligation to acquire the Development Property or any portion thereof. Section 3.2. Environmental Conditions. (a) For purposes of this Section, the following terms will have the indicated definitions. "Law or Regulation" means and includes the Comprehensive Environmental Response, Compensation and Liability Act ( "CERCLA" or the Federal Superfund Act) as amended by the Superfund Amendments and Reauthorization Act of 1986 ( "SARA ") 42 U.S.C. § §9601 -9675; the Federal Resource Conservation and Recovery Act of 1986 ( "RCRA "); the Minnesota Environmental Response and Liability Act ( "MERLA ") Minnesota Statutes, Chapter 115B; the Clean Water Act 33 U.S.C. §§ 1321 et seq.; the Minnesota Petroleum Tank Release Cleanup Act, Minnesota Statutes, Chapter 115C; the Clean Air Act 42 U.S.C. §§ 7401 et seq.; all as the same may be from time to time amended and any other federal, state, county, municipal, local or other statute, law, ordinance or regulation which may relate to or deal with human health, hazardous substances or materials or the environment including without limitation all pursuant to any such statute, law or ordinance. "Hazardous Substance or Materials" means asbestos, urea formaldehyde, polychlorinated biphenyls, nuclear fuel or materials, chemical waste radioactive materials, explosives, known carcinogens, petroleum products or other dangerous or toxic or hazardous pollutant, contaminant, chemical material or other substance defined as hazardous or as a pollutant or contaminant in, or the release or disposal of which is regulated by, any Law or Regulation. (b) The Developer acknowledges that the Authority makes no representations or warranties as to the condition of the soils or presence or absence of Hazardous Substance or Materials on the Development Property (including without limitation the Development Property) or the fitness of the Development Property for construction of the Minimum Improvements or any other purpose for which the Developer may make use of such property. (c) Without limiting its obligations under Section 8.3 of this Agreement, upon and after Developer's acquisition of the Development Property, the Developer agrees that it will indemnify, defend, and hold harmless the Authority, its governing body members, officers, and employees, from any claims or actions arising out of the presence, if any, of Hazardous Wastes and Materials existing on or in the Development Property. Nothing in this section will be construed to limit or affect any limitations on liability of the Authority under State or federal law, including without limitation Minnesota Statutes, Sections 466.04 and 604.02. Section 3.3. Financing of Site Improvement Costs. (a) In order to make development of the Minimum Improvements financially feasible, the Authority will reimburse Developer for a portion of the cost of the Site Improvements constructed in accordance with Article IV hereof. To finance such reimbursement, the Authority shall issue and the Developer shall purchase the Note in the principal amount of $638,400 in substantially the form set forth in the Authorizing Resolution attached as Schedule C. The Authority and the Developer agree that the consideration from the Developer for the purchase of the Note shall consist of the Developer's SJB- 237079v2 7 LN 140 -81 • • payment of the Site Improvement Costs in at least the principal amount of the Note. The Authority shall deliver the Note upon Developer's having submitted to the Authority written evidence, in a form satisfactory to the Authority that Developer has incurred and paid Site Improvement Costs in at least the principal amount of the Note. (b) The Developer understands and acknowledges that the Authority makes no representations or warranties regarding the amount of Available Tax Increment (as defined in the Note), or that revenues pledged to the Note will be sufficient to pay the principal of the Note. Any estimates of Tax Increment prepared by the Authority or its financial advisors in connection with the TIF District or this Agreement are for the benefit of the Authority, and are not intended as representations on which the Developer may rely. Section 3.4. Payment of Administrative Costs. The Developer is responsible to pay all out of pocket costs incurred by the Authority attributable to or incurred in connection with the negotiation and preparation of this Agreement and other documents and agreements in connection with the development contemplated hereunder (collectively, "TIF Administrative Costs "). TIF Administrative Costs shall be evidenced by invoices, statements or other reasonable written evidence of the costs incurred by the Authority. Upon termination of this Agreement in accordance with its terms, Developer remains obligated to pay Administrative Costs incurred as of the effective date of termination. The parties agree and understand that the Authority expects to pay TIF Administrative costs from the escrow established under Section 4.5(e) hereof, but Developer remains obligated to pay an TIF Administrative Costs in excess of the amount held in the escrow account for such purposes. Section 3.5. Records. The Authority and its representatives shall have the right at all reasonable times after reasonable notice to inspect, examine and copy all books and records of Developer relating to the Minimum Improvements and the Development Property. Section 3.6. Business Subsidy Agreement. The provisions of this Section constitute the "business subsidy agreement" for the purposes of the Business Subsidy Act. (a) General Terms. The parties agree and represent to each other as follows: (1) The subsidy provided to the Developer consists of payments on the Note, which payments represent a forgivable loan that is repayable by the Developer in accordance with this Section. The Note is payable from a portion of the Tax Increments from the TIF District, an economic development tax increment financing district. (2) The public purposes of the subsidy are to facilitate development of the Authority's industrial park, increase net jobs in the City and the State, and increase the tax base of the City and the State. (3) The goals for the subsidy are: to secure development of the Minimum Improvements on the Development Property; to maintain such improvements as a distribution facility for the time period described in clause (6) below; and to create the jobs and wage levels in accordance with Section 3.6(b) hereof. SJB- 237079v2 LN 140 -81 8 (4) If the goals described in clause (3) are not met, the Developer must make the • payments to the Authority described in Section 3.6(c). • (5) The subsidy is needed to induce Developer to locate its business at this site, and to mitigate the cost of Site Improvements, all as determined by the Authority upon approval of the TIF Plan. (6) The Developer must continue operation of the Minimum Improvements as a distribution, warehouse or manufacturing facility (a "Qualified Facility ") through the Maturity Date. The improvements will be a Qualified Facility as long as either (a) the Minimum Improvements are leased to the Tenant, who operates a distribution facility, (b) any successor tenant leases the property and operates a distribution, warehouse or manufacturing business, or (c) the Developer directly occupies the property as a distribution, warehouse or manufacturing business. During any period while the Minimum Improvements are vacant and not operated as a distribution, warehouse or manufacturing facility, the Minimum Improvements will not constitute a Qualified Facility. (7) The Developer does not have a parent corporation. (8) The Developer has not received, and does not expect to receive, financial assistance from any other "grantor" as defined in the Business. Subsidy Act, in connection with the Development Property or the Minimum Improvements. (b) Job and Wage Goals. Within two years after substantial completion of the Minimum Improvements (the "Compliance Date "), the Developer shall cause to be created at least new full -time equivalent jobs on the Development Property (excluding any jobs previously existing in the State as of the date of this Agreement and relocated to this site) and shall cause the wages for all employees on the Development Property to be no less than $ per hour, exclusive of benefits. Jobs created by tenants within the Minimum Improvements will count toward the requirements of this Section. Notwithstanding anything to the contrary herein, if the wage and job goals described in this paragraph are met by the Compliance Date, those goals are deemed satisfied despite the Developer's continuing obligations under Sections 3.6(a)(6) and 3.6(d). The Authority may, after a public hearing, extend the Compliance Date by up to one year, provided that nothing in this section will be construed to limit the Authority's legislative discretion regarding this matter. (c) Remedies. If the Developer fails to meet the goals described in Section 3.6(a)(3), the Developer shall repay to the Authority upon written demand from the Authority a "pro rata share" of the amount of any Note payments made to the Developer together with interest on that amount at the implicit price deflator as defined in Minnesota Statutes, Section 275.50, subd. 2, accrued from the date of substantial completion of the Minimum Improvements to the date of payment. The term "pro rata share" means percentages calculated as follows: (i) if the failure relates to the number of jobs, the jobs required less the jobs created, divided by the jobs required; (ii) if the failure relates to wages, the number of jobs required less the number of jobs that meet the required wages, divided by the number of jobs required; SJB- 237079v2 LN140 -81 9 (iii) if the failure relates to maintenance of the facility as a Qualified Facility in accordance with Section 3.6(a)(6), 60 less the number of months of operation as a Qualified Facility (where any month in which the Qualified Facility is in operation for at least 15 days constitutes a month of operation), commencing on the date of substantial completion and ending with the date the Qualified Facility ceases operation as determined by the Authority Representative, divided by 60; and (iv) if more than one of clauses (i) through (iii) apply, the sum of the applicable percentages, not to exceed 100 %. Nothing in this Section shall be construed to limit the Authority's remedies under Article IX hereof. In addition to the remedy described in this Section and any other remedy available to the Authority for failure to meet the goals stated in Section 3.6(a)(3), the Developer agrees and understands that it may not a receive a business subsidy from the Authority or any grantor (as defined in the Business Subsidy Act) for a period of five years from the date of the failure or until the Developer satisfies its repayment obligation under this Section, whichever occurs first. (d) Reports. The Developer must submit to the Authority a written report regarding business subsidy goals and results by no later than February 1 of each year, commencing February 1, 2005 and continuing until the later of (i) the date the goals stated Section 3.6(a)(3) are met; (ii) 30 days after expiration of the period described in Section 3.6(a)(6); or (iii) if the goals are not met, the date the subsidy is repaid in accordance with Section 3.6(c). The report must comply with Section 116J.994, subdivision 7 of the Business Subsidy Act. The Authority will provide information to the Developer regarding the required forms. If the Developer fails to timely file any report required under this Section, the Authority will mail the Developer a warning within one week after the required filing date. If, after 14 days of the postmarked date of the warning, the Developer fails to provide a report, the Developer must pay to the Authority a penalty of $100 for each subsequent day until the report is filed. The maximum aggregate penalty payable under this Section $1,000. (e) Nature of Obligation. The parties agree and understand that the Tenant will lease the Minimum Improvements, operate the distribution facility, and create the jobs required under this Section. Nevertheless, Developer remains obligated under this Section. SJB- 237079v2 LN140 -81 10 • • ARTICLE IV Construction of Minimum Improvements Section 4.1. Construction of Improvements. The Developer agrees that it will construct the Minimum Improvements and the Site Improvements on the Development Property in accordance with the approved Construction Plans and at all times prior to the Maturity Date will operate and maintain, preserve and keep the Minimum Improvements or cause such improvements to be maintained, preserved and kept with the appurtenances and every part and parcel thereof, in good repair and condition. The Authority shall have no obligation to operate or maintain the Minimum Improvements. Section 4.2. Construction Plans. (a) Before commencement of construction of the Minimum Improvements and Site Improvements, the Developer shall submit to the Authority Construction Plans. The Construction Plans shall provide for the construction of the Minimum Improvements and Site Improvements and shall be in conformity with the Development Plan, this Agreement, and all applicable State and local laws and regulations. The Authority Representative will approve the Construction Plans in writing if: (i) the Construction Plans conform to the terms and conditions of this Agreement; (ii) the Construction Plans conform to the goals and objectives of the Development Plan; (iii) the Construction Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations; (iv) the Construction Plans are adequate to provide for construction of the Minimum Improvements and Site Improvements; (v) the Construction Plans do not provide for expenditures in excess of the funds available to the Developer from all sources (including Developer's equity) for construction of the Minimum Improvements and Site Improvements; and (vi) no Event of Default has occurred. Approval may be based upon a review by the City's Building Official of the Construction Plans. No approval by the Authority Representative shall relieve the Developer of the obligation to comply with the terms of this Agreement or of the Development Plan, applicable federal, state and local laws, ordinances, rules and regulations, or to construct the Minimum Improvements in accordance therewith. No approval by the Authority Representative shall constitute a waiver of an Event of Default. If approval of the Construction Plans is requested by the Developer in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the Authority Representative, in whole or in part. Such rejections shall set forth in detail the reasons therefore, and shall be made within 10 days after the date of their receipt by the Authority. If the Authority Representative rejects any Construction Plans in whole or in part, the Developer shall submit new or corrected Construction Plans within 10 days after written notification to the Developer of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the Authority. The Authority Representative's approval shall not be unreasonably withheld, delayed or conditioned. Said approval shall constitute a conclusive determination that the Construction Plans (and the Minimum Improvements and Site Improvements constructed in accordance with said plans) comply to the Authority's satisfaction with the provisions of this Agreement relating thereto. (b) If the Developer desires to make any material change in the Construction Plans after their approval by the Authority, the Developer shall submit the proposed change to the Authority for its approval. If the Construction Plans, as modified by the proposed change, conform to the SJB- 237079v2 11 LN140 -81 • • • requirements of this Section 4.2 of this Agreement with respect to such previously approved Construction Plans, the Authority shall approve the proposed change and notify the Developer in writing of its approval. Such change in the Construction Plans shall, in any event, be deemed approved by the Authority unless rejected, in whole or in part, by written notice by the Authority to the Developer, setting forth in detail the reasons therefor. Such rejection shall be made within ten (10) days after receipt of the notice of such change. The Authority's approval of any such change in the Construction Plans will not be unreasonably withheld. Section 4.3. Commencement and Completion of Construction. Subject to Unavoidable Delays, the Developer shall commence construction of the Minimum Improvements by November 1, 2003 and shall complete the construction of the Minimum Improvements and all Site Improvements by November 1, 2004. All work with respect to the Minimum Improvements and Site Improvements to be constructed or provided by the Developer on the Development Property shall be in conformity with the Construction Plans as submitted by the Developer and approved by the Authority. The Developer agrees for itself, its successors and assigns, and every successor in interest to the Development Property, or any part thereof, that the Developer, and such successors and assigns, shall promptly begin and diligently prosecute to completion the development of the Development Property through the construction of the Minimum Improvements and Site Improvements thereon, and that such construction shall in any event be commenced and completed within the period specified in this Section 4.3 of this Agreement. After the date of this Agreement and until construction of the Minimum Improvements and Site Improvements has been completed, the Developer shall make reports, in such detail and at such times as may reasonably be requested by the Authority, as to the actual progress of the Developer with respect to such construction. Section 4.4. Certificate of Completion. (a) Promptly after completion of the Minimum Improvements and Site Improvements in accordance with those provisions of the Agreement relating solely to the obligations of the Developer to construct the Minimum Improvements (including the dates for beginning and completion thereof), the Authority Representative will furnish the Developer with a Certificate shown as Schedule B. Such certification and such determination shall not constitute evidence of compliance with or satisfaction of any obligation of the Developer to any Holder of a Mortgage, or any insurer of a Mortgage, securing money loaned to finance the Minimum Improvements, or any part thereof. (b) If the Authority Representative shall refuse or fail to provide any certification in accordance with the provisions of this Section 4.4 of this Agreement, the Authority Representative shall, within thirty (30) days after written request by the Developer, provide the Developer with a written statement, indicating in adequate detail in what respects the Developer has failed to complete the Minimum Improvements and Site Improvements in accordance with the provisions of the Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the Authority, for the Developer to take or perform in order to obtain such certification. (c) The construction of the Minimum Improvements shall be deemed to be complete when the City has both issued a a certificate of occupancy and has determined that all Site Improvements have been completed in accordance with Construction Plans. SJB- 237079v2 LN 140 -81 12 • • Section 4.5 Security for Site Improvements. (a) Prior to commencement of construction of any Site Improvements, and as a condition to approval of Construction Plans for those improvements, Developer must submit to the Authority an estimate of cost for all Site Improvements, itemized by type. The estimates must be based on on the actual estimates provided by contractors who will carry out the Site Improvements. The estimates of Site Improvement Costs will be reviewed and approved by the Authority. If the approved costs differ from the estimates used to determined Developer's security provided under paragraph (c) of this Section, the security described in that section shall be adjusted accordingly. (b) The Developer will comply with all terms and conditions of all contracts entered into by Developer for the installation and construction of all Site Improvements, and guarantees the workmanship and materials for a period of one year following the City's final acceptance of such improvements (as evidenced by issuance of the Certificate of Completion). (c) Upon execution of this Agreement, Developer will deliver to the Authority a cash deposit, certified check, or irrevocable letter of credit in the amount of 35% of the total estimated cost of the Site Improvements determined as of the date of this Agreement. An irrevocable letter of credit shall be for the exclusive use and benefit of the Authority, and shall state thereon that the same is issued to guarantee performance by the Developer of all the terms and conditions of this Agreement relating to construction of the Site Improvements in accordance with the ordinances and procedures of the City. The Authority reserves the right to draw, in whole or in part, on the irrevocable letter of credit for the purpose of carrying out installation of the Site Improvements in the event of default by Developer of its obligations regarding such matters. The Developer must renew or replace an irrevocable letter of credit no later than 30 days before its expiration with a like letter of credit. Failure to timely renew or replace will entitle the Authority to draw on the entire amount of the letter of credit. (d) Developer is entitled to a reduction from time to time in the amount of the security provided under paragraph (c) of this Section, based on the value of the completed Site Improvements at the time of the requested reduction. The amount of the reduction will be reasonably determined by the City Engineer. (e) In addition to the security provided under paragraph (c) of this Section, the Developer shall deposit with the Authority, upon demand by the City Engineer, an amount determined by the City Engineer or his designee for the payment of all costs incurred by the Authority or City related to development of the Minimum Improvements and Site Improvements, including without limitation the following: Planning Administration (planning, engineering, legal) $1,500 (ii) TIF Administration Costs (see Section 3.4) $5,000 (iii) Sanitary sewer truck unit charge (43 estimated units @$984 /SAC unit) * $42,312 (iv) Water trunk unit charge (43 estimated units @$1,588 /SAC unit) * $68,284 Total Estimated Costs of Escrow Account $117,096 SJB- 237079v2 LN140 -81 13 • • * Trunk sanitary sewer and watermain unit charges shall be based on the Metropolitan Council Environmental Services (MCES) Sewer Availability Charge determination. City trunk utility unit charges shall be in addition to those required by MCES and shall be collected with the issuance of a building permit on individual lots. The Authority will maintain such deposit in a non - interest bearing escrow account, from which the Authority or City may reimburse or make payments for the identified costs. If the amount in the escrow account is insufficient to pay the identified costs, the Developer shall promptly make additional deposits as required by the Authority. (f) The City is a third -party beneficiary of all obligations of the Developer under this Section. SJB- 237079v2 LN140 -81 14 • ARTICLE V Insurance and Condemnation Section 5.1. Insurance. (a) The Developer will provide and maintain at all times during the process of constructing the Minimum Improvements an All Risk Broad Form Basis Insurance Policy and, from time to time during that period, at the request of the Authority, furnish the Authority with proof of payment of premiums on policies covering the following: (i) Builder's risk insurance, written on the so- called `Builder's Risk -- Completed Value Basis," in an amount equal to one hundred percent (100 %) of the insurable value of the Minimum Improvements at the date of completion, and with coverage available in nonreporting form on the so- called "all risk" form of policy. (ii) Comprehensive general liability insurance (including operations, contingent liability, operations of subcontractors, completed operations and contractual liability insurance) together with an Owner's Protective Liability Policy with limits against bodily injury and property damage of not less than $1,000,000 for each occurrence (to accomplish the above - required limits, an umbrella excess liability policy may be used); and (iii) Workers' compensation insurance, with statutory coverage. (b) Upon completion of construction of the Minimum Improvements and prior to the Maturity Date, the Developer shall maintain, or cause to be maintained, at its cost and expense, and from time to time at the request of the Authority shall furnish proof of the payment of premiums on, insurance as follows: (i) Insurance against loss and/or damage to the Minimum Improvements under a policy or policies covering such risks as are ordinarily insured against by similar businesses. (ii) Comprehensive general public liability insurance, including personal injury liability (with employee exclusion deleted), against liability for injuries to persons and/or property, in the minimum amount for each occurrence and for each year of $1,000,000. (iii) Such other insurance, including workers' compensation insurance respecting all employees of the Developer or its tenant, in such amount as is customarily carried by like organizations engaged in like activities of comparable size and liability exposure; provided that the Developer or its tenant may be self - insured with respect to all or any part of its liability for workers' compensation. (c) All insurance required in Article V of this Agreement shall be taken out and maintained in responsible insurance companies selected by the Developer or its tenant which are authorized under the laws of the State to assume the risks covered thereby. Upon request, the Developer will deposit annually with the Authority policies evidencing all such insurance, or a certificate or certificates or binders of the respective insurers stating that such insurance is in force and effect. Unless otherwise provided in this Article V of this Agreement each policy shall contain SJB- 237079v2 15 LN 140 -81 • • • a provision that the insurer shall not cancel nor modify it in such a way as to reduce the coverage provided below the amounts required herein without giving written notice to the Developer and the Authority at least thirty (30) days before the cancellation or modification becomes effective. In lieu of separate policies, the Developer or its tenant may maintain a single policy, blanket or umbrella policies, or a combination thereof, having the coverage required herein, in which event the Developer shall deposit with the Authority a certificate or certificates of the respective insurers as to the amount of coverage in force upon the Minimum Improvements. (d) The Developer agrees to notify the Authority immediately in the case of damage exceeding $100,000 in amount to, or destruction of, the Minimum Improvements or any portion thereof resulting from fire or other casualty. In such event the Developer will forthwith repair, reconstruct and restore the Minimum Improvements to substantially the same or an improved condition or value as it existed prior to the event causing such damage and, to the extent necessary to accomplish such repair, reconstruction and restoration, the Developer will apply the Net Proceeds of any insurance relating to such damage received by the Developer to the payment or reimbursement of the costs thereof. The Developer shall complete the repair, reconstruction and restoration of the Minimum Improvements, whether or not the Net Proceeds of insurance received by the Developer for such purposes are sufficient to pay for the same. Any Net Proceeds remaining after completion of such repairs, construction and restoration shall be the property of the Developer. (e) In lieu of its obligations under paragraph (d), Developer may repay to the Authority all amounts previously paid by the Authority to the holder of the Note. Upon the Authority's receipt of such payment, the Note and this Agreement will be deemed terminated and neither party will have any further liability hereunder, except that the provisions of Section 8.3 survive termination. (f) The Developer and the Authority agree that all of the insurance provisions set forth in this Article V shall terminate upon the termination of this Agreement. Section 5.2. Subordination. Notwithstanding anything to the contrary contained in this Article V, the rights of the Authority with respect to the receipt and application of any proceeds of insurance shall, in all respects, be subject and subordinate to the rights of any lender under a Mortgage approved pursuant to Article VII of this Agreement. SJB- 237079v2 LN140 -81 16 • • • ARTICLE VI Tax Increment; Taxes Section 6.1. Right to Collect Delinquent Taxes. The Developer acknowledges that the Authority is providing substantial aid and assistance in furtherance of the redevelopment through issuance of the Note. The Developer understands that the Tax Increments pledged to payment on the Note are derived from real estate taxes on the Development Property, which taxes must be promptly and timely paid. To that end, the Developer agrees for itself, its successors and assigns, in addition to the obligation pursuant to statute to pay real estate taxes, that it is also obligated by reason of this Agreement to pay before delinquency all real estate taxes assessed against the Development Property and the Minimum Improvements. The Developer acknowledges that this obligation creates a contractual right on behalf of the Authority to sue the Developer or its successors and assigns to collect delinquent real estate taxes and any penalty or interest thereon and to pay over the same as a tax payment to the county auditor. In any such suit, the Authority shall also be entitled to recover its costs, expenses and reasonable attorney fees. Section 6.2. Reduction of Taxes. The Developer agrees that prior to completion of the Minimum Improvements, it will not cause a reduction in the real property taxes paid in respect of the Development Property through: (A) willful destruction of the Development Property or any part thereof; (B) willful refusal to reconstruct damaged or destroyed property, except to the extent otherwise provided in Section 5.1(e); (C) apply for a deferral or abatement of property tax on the Development Property pursuant to any law; or (D) convey or transfer or allow conveyance or transfer of the Development Property to any entity that is exempt from payment of real property taxes under State law. Section 6.3. Covenant not to Petition. Prior to the Maturity Date, the Developer agree not to file any petition or claim with any Tax Official, seeking to reduce the market value of the Development Property and the Minimum Improvements for ad valorem tax purposes. Nothing in this section is intended to constitute a minimum assessment agreement within the meaning of Section 469.177, subd. 8 of the TIF Act. However, failure by Developer to comply with this Section is an Event of Default under this Agreement, entitling the Authority to the remedies described in Article IX hereof. SJB- 237079v2 LN 140 -81 17 • • • ARTICLE VII Financing Section 7.1. Financing. (a) Before commencement of construction of the Minimum Improvements, the Developer shall submit to the Authority evidence of one or more commitments for financing which, together with committed equity for such construction, is sufficient for the construction of the Minimum Improvements. Such commitments may be submitted as short term financing, long term mortgage financing, a bridge loan with a long term take -out financing commitment, or any combination of the foregoing. The Authority understand and acknowledges that Developer currently intends to obtain financing through issuance by the Authority of industrial development revenue bonds. The Authority will cooperate with Developer in such effort. (b) If the Authority finds that the financing is sufficiently committed and adequate in amount to provide for the construction of the Minimum Improvements then the Authority shall notify the Developer in writing of its approval. Such approval shall not be unreasonably withheld and either approval or rejection shall be given within ten (10) days from the date when the Authority is provided the evidence of financing. A failure by the Authority to respond to such evidence of financing shall be deemed to constitute an approval hereunder. If the Authority rejects the evidence of financing as inadequate, it shall do so in writing specifying the basis for the rejection. In any event the Developer shall submit adequate evidence of financing within ten (10) days after such rejection. Section 7.2. Subordination. In order to facilitate the Developer obtaining financing for the development of the Minimum Improvements, the Authority agrees to subordinate its rights under this Agreement to the Holder of any Mortgage, provided that such subordination shall be subject to such reasonable terms and conditions as the Authority and Holder of a Mortgage mutually agree in writing. SJB- 237079v2 LN140 -81 18 • • ARTICLE VIII Prohibitions Against Assignment and Transfer; Indemnification Section 8.1. Representation as to Development. The Developer represents and agrees that its purchase of the Development Property, and its other undertakings pursuant to the Agreement, are, and will be used, for the purpose of development of the Development Property and not for speculation in land holding. Section 8.2. Prohibition Against Developer's Transfer of Property and Assignment of Agreement. The Developer represents and agrees that prior to issuance of the Certificate of Completion for the Minimum Improvements: (a) Except only by way of security for, and only for, the purpose of obtaining financing necessary to enable the Developer or any successor in interest to the Development Property, or any part thereof, to perform its obligations with respect to making the Minimum Improvements under this Agreement, and any other purpose authorized by this Agreement, the Developer has not made or created and will not make or create or suffer to be made or created any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to the Agreement or the Development Property or any part thereof or any interest therein, or any contract or agreement to do any, of the same, without the prior written approval of the Authority unless the Developer remains liable and bound by this Development Agreement in which event the Authority's approval is not required. Any such transfer shall be subject to the provisions of this Agreement. The parties acknowledge that Developer intends to lease the Minimum Improvements to the Tenant, which lease is hereby approved, provided that the Developer remains obligated under this Agreement. (b) In the event the Developer, upon transfer or assignment of the Development Property or any portion thereof, seeks to be released from its obligations under this Development Agreement as to the portions of the Development Property that is transferred or assigned, the Authority shall be entitled to require, except as otherwise provided in the Agreement, as conditions to any such release that: (i) Any proposed transferee shall have the qualifications and financial responsibility, in the reasonable judgment of the Authority, necessary and adequate to fulfill the obligations undertaken in this Agreement by the Developer as to the portion of the Development Property to be transferred. (ii) Any proposed transferee, by instrument in writing satisfactory to the Authority and in form recordable among the land records, shall, for itself and its successors and assigns, and expressly for the benefit of the Authority, have expressly assumed all of the obligations of the Developer under this Agreement as to the portion of the Development Property to be transferred and agreed to be subject to all the conditions and restrictions to which the Developer is subject as to such portion; provided, however, that the fact that any transferee of, or any other successor in interest whatsoever to, the Development Property, or any part thereof, shall not, for whatever reason, have assumed such obligations or so agreed, and shall not (unless and only to the extent otherwise specifically provided in this SJB- 237079v2 19 LN140 -81 • • • Agreement or agreed to in writing by the Authority) deprive the Authority of any rights or remedies or controls with respect to the Development Property or any part thereof or the construction of the Minimum Improvements; it being the intent of the parties as expressed in this Agreement that (to the fullest extent permitted at law and in equity and excepting only in the manner and to the extent specifically provided otherwise in this Agreement) no transfer of, or change with respect to, ownership in the Development Property or any part thereof, or any interest therein, however consummated or occurring, and whether voluntary or involuntary, shall operate, legally or practically, to deprive or limit the Authority of or with respect to any rights or remedies on controls provided in or resulting from this Agreement with respect to the Minimum Improvements that the Authority would have had, had there been no such transfer or change. In the absence of specific written agreement by the Authority to the contrary, no such transfer or approval by the Authority thereof shall be deemed to relieve the Developer, or any other party bound in any way by this Agreement or otherwise with respect to the construction of the Minimum Improvements, from any of its obligations with respect thereto. (iii) Any and all instruments and other legal documents involved in effecting the transfer of any interest in this Agreement or the Development Property governed by this Article VIII, shall be in a form reasonably satisfactory to the Authority. In the event the foregoing conditions are satisfied then the Developer shall be released from its obligation under this Agreement, as to the portion of the Development Property that is transferred, assigned or otherwise conveyed. After issuance of the Certificate of Completion for the Minimum Improvements, the Developer may transfer or assign any portion of the Development Property or the Developer's interest in this Agreement without the prior written consent of the Authority, provided that the transferee or assignee is bound by all the Developer's obligations hereunder. The Developer shall submit to the Authority written evidence of any such transfer or assignment, including the transferee or assignee's express assumption of the Developer's obligations under this Agreement. If the Developer fails to provide such evidence of transfer and assumption, the Developer shall remain bound by all it obligations under this Agreement. Section 8.3. Release and Indemnification Covenants. (a) The Developer releases from and covenants and agrees that the Authority and the governing body members, officers, agents, servants and employees thereof shall not be liable for and agrees to indemnify and hold harmless the Authority and the governing body members, officers, agents, servants and employees thereof against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Minimum Improvements. (b) Except for any willful misrepresentation or any willful or wanton misconduct of the following named parties, the Developer agrees to protect and defend the Authority and the governing body members, officers, agents, servants and employees thereof, now or forever, and further agrees to hold the aforesaid harmless from any claim, demand, suit, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from this Agreement, or the transactions contemplated hereby or the acquisition, construction, installation, ownership, maintenance and operation of the Minimum Improvements. SJB- 237079v2 LN140 -81 20 • • (c) The Authority and the governing body members, officers, agents, servants and employees thereof shall not be liable for any damage or injury to the persons or property of the Developer or its officers, agents, servants or employees or any other person who may be about the Development Property or Minimum Improvements due to any act of negligence of any person. (d) All covenants, stipulations, promises, agreements and obligations of the Authority contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the Authority and not of any governing body member, officer, agent, servant or employee of the Authority in the individual capacity thereof. SJB- 237079v2 LN140 -81 21 • • ARTICLE IX Events of Default Section 9.1. Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement (unless the context otherwise provides), any failure by any party to observe or perform any other covenant, condition, obligation or agreement on its part to be observed or performed hereunder, or under any loan agreement, promissory note, or related document in connection with a loan from the Authority to the Developer from the Authority's revolving loan fund, including without limitation any Authority participation in a bank or other third party loan. Section 9.2. Remedies on Default. Whenever any Event of Default referred to in Section 9.1 of this Agreement occurs, the non - defaulting party may exercise its rights under this Section 9.2 after providing thirty days written notice to the defaulting party of the Event of Default, but only if the Event of Default has not been cured within said thirty days or, if the Event of Default is by its nature incurable within thirty days, the defaulting party does not provide assurances reasonably satisfactory to the non - defaulting party that the Event of Default will be cured and will be cured as soon as reasonably possible: (a) Suspend its performance under the Agreement until it receives assurances that the defaulting party will cure its default and continue its performance under the Agreement. (b) Cancel and rescind or terminate the Agreement. (c) Upon a default by the Developer, the Authority may terminate the Note and the TIF District. (d) Take whatever action, including legal, equitable or administrative action, which may appear necessary or desirable to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, agreement, or covenant under this Agreement. Section 9.3. [Intentionally Omitted.] Section 9.4. [Intentionally Omitted.] Section 9.5. No Remedy Exclusive. No remedy herein conferred upon or reserved to any party is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. To entitle the Authority to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be required in this Article IX. SJB- 237079v2 LN 140 -81 22 • • Section 9.6. No Additional Waiver Implied by One Waiver. In the event any agreement contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. SJB- 237079v2 LN140 -81 23 • ARTICLE X Additional Provisions Section 10.1. Conflict of Interests; Authority Representatives Not Individually Liable. The Authority and the Developer, to the best of their respective knowledge, represent and agree that no member, official, or employee of the Authority shall have any personal interest, direct or indirect, in the Agreement, nor shall any such member, official, or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership, or association in which he is, directly or indirectly, interested. No member, official, or employee of the Authority shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the Authority or County or for any amount which may become due to the Developer or successor or on any obligations under the terms of the Agreement. Section 10.2. Equal Employment Opportunity. The Developer, for itself and its successors and assigns, agrees that during the construction of the Minimum Improvements provided for in the Agreement it will comply with all applicable federal, state and local equal employment and non- discrimination laws and regulations. Section 10.3. Restrictions on Use. The Developer agrees that, prior to the Maturity Date, the Developer, and such successors and assigns, shall devote the Development Property to the operation of the Minimum Improvements as a distribution facility within the meaning of Section 469.1756, subd. 4c of the TIF Act, and shall not discriminate upon the basis of race, color, creed, sex or national origin in the sale, lease, or rental or in the use or occupancy of the Development Property or any improvements erected or to be erected thereon, or any part thereof. Section 10.4. Provisions Not Merged With Deed. None of the provisions of this Agreement are intended to or shall be merged by reason of any deed transferring any interest in the Development Property and any such deed shall not be deemed to affect or impair the provisions and covenants of this Agreement. Section 10.5. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 10.6. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally; and (a) in the case of the Developer, is addressed to or delivered personally to the Developer at Panattoni Development Co., LLC, ; and (b) in the case of the Authority, is addressed to or delivered personally to the Authority at City Hall, 600 Town Center Parkway, Lino Lakes, MN 55014, Attn: Executive Director; SJB- 237079v2 LN 140 -81 24 • or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Section. Section 10.7. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 10.8. Recording. The Authority may record this Agreement and any amendments thereto with the Anoka County recorder. The Developer shall pay all costs for recording. SJB- 237079v2 LN 140 -81 25 • • IN WITNESS WHEREOF, the Authority has caused this Agreement to be duly executed in its name and behalf and its seal to be hereunto duly affixed and the Developer has caused this Agreement to be duly executed in its name and behalf as of the date first above written. LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY By Its President By Its Executive Director STATE OF MINNESOTA ) ) SS. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of , 2003 by and , the President and Executive Director of the Lino Lakes Economic Development Authority, on behalf of the Authority. SJB- 237079v2 LN140 -81 Notary Public S -1 • • • PANATTONI DEVELOPMENT CO., LLC By Its STATE OF MINNESOTA ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2003 by , the of Panattoni Development Co., LLC, a California limited liability company, on behalf of the company. SJB- 237079v2 LN 140 -81 Notary Public S -2 411 The undersigned consents to the foregoing Contract for Private Development between the Lino Lakes Economic Development Authority and Panattoni Development Co., LLC • • DISTRIBUTION ALTERNATIVES, INC. By Its Dated: STATE OF MINNESOTA ) ) SS. COUNTY OF The foregoing instrument was acknowledged before me this day of 2003 by , the of Distribution Alternatives, Inc., a Minnesota corporation, on behalf of the corporation. SJB- 237079v2 LN140 -81 Notary Public S -3 • • AGENDA ITEM 4 STAFF ORIGINATOR: Mary Alice Divine DATE: 9/22/03 TOPIC: BACKGROUND: Resolution No. 03 -07 authorizing the preparation of a plan to Modify Development District No. 1 and Establish Redevelopment Tax Increment Financing District No. 1 -11 Hartford Group, Inc., is proposing to act as master developers of Woods Edge (formerly known as the Village), a mixed -use town center project on the southeast quadrant of 35W and Lake Drive. The land is zoned Limited Business and is designated for mixed use in the Comprehensive Plan. It is anticipated that development of this project will justify some public expenditure. The project has not developed solely through private efforts and will require public participation to develop in a manner consistent with the city's goals. The project area consists of approximately 30 acres of privately owned land (the Tagg site) and approximately 11 acres of city -owned land. It is being proposed that the Tagg site and the bridge portion of Lake Drive be established as a 25- year redevelopment TIF district (see attached map) to provide a source of revenue for the Woods Edge project as well as improvements that will be necessary to Lake Drive and the 35W bridge. Establishment of the district does not constitute any commitment by the city to provide TIF. A Redevelopment District must meet certain qualifications. Last year the city authorized a study to ensure the Tagg site met the conditions for a redevelopment district. The city -owned land does not qualify, so any development that takes place on that portion will not be available for TIF. This resolution authorizes staff and consultants to prepare a modified Plan for Development District No. 1 and creation of Redevelopment Tax Increment Financing District No. 1 -11. If the EDA authorizes preparation of the plan, later this evening the city council will call for a public hearing for November 24, 2003. Once the plan is prepared, Anoka County and Centennial School District will be sent a copy of the draft plan for review. The Planning & Zoning board will also review the draft plan for its consistency with the city's Comprehensive Plan. • OPTION 1. Adopt Resolution No. 03 -07 authorizing preparation of a plan to modify Development District No. 1 and to establish a redevelopment TIF District No. 1 -11. 2. Return to staff for further consideration RECOMMENDATION: Option 1 • • • • LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. 03 -07 RESOLUTION AUTHORIZING PREPARATION OF A MODIFIED PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 AND THE ESTABLISHMENT OF REDEVELOPMENT TAX INCREMENT FINANCING DISTRICT NO. 1 -11 WHEREAS, on January 26, 1987 the city council of the City of Lino Lakes (the "City ") established Development District No. 1 ( "Development District "); and WHEREAS, the boundaries of the Development District were expanded on April 28, 1997 in connection with the establishment of TIF District No. 1 -8; and WHEREAS, the City established the Development District in order to promote development within areas of the community which have not developed solely through private efforts in a manner which is consistent with their prominence; and WHEREAS, it has been proposed that the Development District Program be modified and Tax Increment Financing District No. 1 -11 be established to assist improvements within the Development District pursuant to Minnesota Statutes, sections 469.174 through 469.179 (the "TIF Act ") and sections 469.124 through 469.134 (the "City Development District Act "); and WHEREAS, the City has transferred authority for the Development District and TIF Districts therein to the Lino Lakes Economic Development Authority (the "EDA "); NOW, THEREFORE, BE IT RESOLVED by the EDA as follows: 1. Kennedy & Graven, Chartered is hereby authorized and directed to prepare a modified development district program (the "Program ") for Development District No. 1 and establish a Tax Increment Financing Plan (the "Plan ") for TIF District No. 1 -11. • 2. The executive director of the EDA is authorized and directed to schedule a meeting on Monday, November 24, 2003 at 6 p.m. in the council chambers at city • hall, at which time the EDA will consider adoption of the modified Program for Development District No. 1 and the Plan for TlF District No. 1 -11. • • 3. The staff and consultants are authorized and directed to take any and all steps necessary to bring the modified Program and Plan before the EDA at the November 24, 2003 meeting. 4. The City is urged to schedule a public hearing on the modified Program and Plan to be held as soon after consideration of these matters by the EDA as reasonably possible. Dated: September 22, 2003 ATTEST: Executive Director President 1- z O v 11 12 7 s 77'74 - 2 t0 14 2� 9 O, L L. C AUD, O Ll4 KES / 8 KEIT PLAC 7I -16- O.L. - TRUNK - HIGHWAY- NO. 49 r- 3 15 141 3 4 6 5 4 • • M. m • • EXPENDITURES SEPTEMBER 22, 2003 • • Date: 09/04/2003 Time: 13:19:57 Ranges: Vendor #: (A) • Invoice #: (A) Entry Journal #: (R) 3393 3393 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 1 Options: Detail / Summary: S Invoice Status: A # of copies: 1 Sort: N Check Over Expend: N Discount Vendor # Name # of items Net Gross Discount Lost 000530 COLVARD, BRIAN 1 10.00 10.00 .00 .00 000838 BLUCKER, CAROLYN 1 10.00 10.00 .00 .00 000912 RAWLEIGH, PAT 1 10.00 10.00 .00 .00 000928 LUTZ, JOHN 1 10.00 10.00 .00 .00 000941 NELSON, KATHLEEN 1 10.00 10.00 .00 .00 000953 PAP, VAL 1 10.00 10.00 .00 .00 001301 DELTA DENTAL PLAN OF MINNESOTA 1 3,270.65 3,270.65 .00 .00 001327 DAHL, CAROLINE 1 232.96 232.96 .00 .00 001504 U. S. BANK TRUST NATIONAL ASSOCIATION 1 1,581.25 1,581.25 .00 .00 001550 FORTIS BENEFITS, INC. 1 810.70 810.70 .00 .00 020 KELLY INSURANCENTER 1 2,000.00 2,000.00 .00 .00 0 LEAGUE OF MN CITIES INS TRST 1 142,845.00 142,845.00 .00 .00 003360 BARLOW, KAREN 1 78.00 78.00 .00 .00 003361 ECKLUND, KEVIN 1 10.00 10.00 .00 .00 003362 FEDT, DAVID 1 10.00 10.00 .00 .00 003389 JONMAN, KIM 1 78.00 78.00 .00 .00 003401 KELLY ROSANNE 1 10.00 10.00 .00 .00 003409 KUBITSCHEK, SUSAN 1 69.00 69.00 .00 .00 003411 OSEN, JODIE 1 10.00 10.00 .00 .00 003414 SCHILTZ, LORI 1 10.00 10.00 .00 .00 003415 SCHMITZ, SUSAN 1 10.00 10.00 .00 .00 003426 STEIN, JAN 1 10.00 10.00 .00 .00 • Date: 09/04/2003 Time: 13:19:58 City of Lino Lakes FM Entry - Invoice Journal .r # Name Operator: JAL Page: 2 Discount # of items Net Gross Discount Lost 003427 STUTZ, KAREN 003439 SCHMALL, JOSEPH 900447 YMCA Grand Totals: • 1 10.00 10.00 .00 .00 1 78.00 78.00 .00 .00 1 10,796.65 10,796.65 .00 .00 25 161,980.21 161,980.21 .00 .00* Date: 09/11/2003 Time: 09:43:25 Ranges: Vendor #: (A) • Invoice #: (A) Entry Journal #: (R) 3402 - 3402 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 1 Options: Detail / Summary: S Invoice Status: A # of copies: 1 Sort: N Check Over Expend: N Discount Vendor # Name # of items Net Gross Discount Lost 000040 A T & T 1 27.83 27.83 .00 .00 000073 MCCARTHY, KELLY ANN 1 1,164.00 1,164.00 .00 .00 000115 KRAUS- ANDERSON 1 316.15 316.15 .00 .00 000184 BOYLE, KATIE 1 100.00 100.00 .00 .00 000304 KUSTERMAN, BILL 1 150.00 150.00 .00 .00 000408 AFSCME COUNCIL #14 1 609.68 609.68 .00 .00 000613 O'CONNOR, MICHAEL 1 100.00 100.00 .00 .00 000698 KEY LAND HOMES 1 1,500.00 1,500.00 .00 .00 001187 CONNEXUS ENERGY 1 3,940.43 3,940.43 .00 .00 001875 HUELMAN, PAT 1 100.00 100.00 .00 .00 0 ' 82 US LINK 1 1,710.88 1,710.88 .00 .00 5 LINDY, GEORGE 1 75.00 75.00 .00 .00 002700 CENTERPOINT /MINNEGASCO, INC. 1 205.12 205.12 .00 .00 003011 MONTAIN, PAUL 1 150.00 150.00 .00 .00 003050 MRPA 1 300.00 300.00 .00 .00 003250 XCEL ENERGY 1 3,118.55 3,118.55 .00 .00 003440 HINICH, MARY 1 78.00 78.00 .00 .00 003441 OREN, LAURA 1 51.00 51.00 .00 .00 003444 SHINGOBEE BUILDERS 1 300.22 300.22 .00 .00 004367 TASCHUK, PAM 1 150.00 150.00 .00 .00 004560 U S BANK 1 595.01 595.01 .00 .00 004671 VERIZON WIRELES, BELLEVUE 1 55.28 55.28 .00 .00 • Date: 09/11/2003 Time: 09:43:26 City of Lino Lakes FM Entry - Invoice Journal # Name Operator: JAL Page: 2 # of items Net Gross Discount Discount Lost 900066 AVALON HOMES • 1 1,500.00 1,500.00 .00 .00 Grand Totals: 23 16,297.15 16,297.15 .00 .00* Date: 09/16/2003 Time: 13:03:54 City of Lino Lakes FM Entry - Invoice Journal Ranges: • Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 3410 - 3410 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 000065 SCHARBER & SONS, INC. 1 514.40 514.40 .00 .00 000093 ACE SOLID WASTE, INC. 1 491.61 491.61 .00 .00 000100 AID ELECTRIC SERVICE, INC. 1 262.15 262.15 .00 .00 000103 ONVOY, INC. 1 47.50 47.50 .00 .00 000162 BARNA, GUZY & STEFFEN, LTD. 1 258.00 258.00 .00 .00 000203 WINGFOOT COMMERCIAL TIRE SYSTEMS, LLC 1 658.17 658.17 .00 .00 000221 RAFFERTY, ROBIN G. 1 250.00 250.00 .00 .00 000285 ARMOR HOLDINGS FORENSICS, INC. 1 129.25 129.25 .00 .00 000293 WIPERS AND WIPES, INC. 2 276.68 276.68 .00 .00 000301 ANOKA COUNTY 1 350.00 350.00 .00 .00 x'13 INSTRUMENTAL RESEARCH, INC. 1 93.50 93.50 .00 .00 8 AMERIPRIDE LINEN /APPAREL SERVICES, INC. 1 69.08 69.08 .00 .00 000352 WEBBER RECREATIONAL DESIGN, INC. 1 6,198.30 6,198.30 .00 .00 000420 ANOKA COUNTY 1 91.92 91.92 .00 .00 000465 MN DEPT OF ADMIN /INTECH GROUP 1 37.00 37.00 .00 .00 000468 RELIASTAR LIFE INSURANCE COMPANY 1 1,269.85 1,269.85 .00 .00 000471 APITZ GARAGE, INC. 1 130.37 130.37 .00 .00 000509 ST. CLOUD STATE UNIVERSITY 1 1,750.00 1,750.00 .00 .00 000522 INTERSTATE BATTERIES, INC. 1 42.29 42.29 .00 .00 000539 TARGET 1 25.34 25.34 .00 .00 000540 AUTO- MEDICS, INC. 1 159.75 159.75 .00 .00 000542 MYERS TIRE SUPPLY COMPANY, INC. 1 26.78 26.78 .00 .00 Date: 09/16/2003 Time: 13:03:55 City of Lino Lakes FM Entry - Invoice Journal Or # Name Operator: JAL Page: 2 Discount # of items Net Gross Discount Lost 000621 LYDEN, CHRISTOPHER 1 200.00 200.00 .00 .00 000627 J. P. COOKE COMPANY, INC. 1 49.84 49.84 .00 .00 000668 CAMPOBASSO, DEBI 1 600.00 600.00 .00 .00 000724 BLUE TOW SERVICE, INC. 1 70.00 70.00 .00 .00 000833 BROCK WHITE, INC. 1 53.50 53.50 .00 .00 000861 BEE LINE ALIGNMENT SERVICE 1 50.00 50.00 .00 .00 000900 BUMPER TO BUMPER, INC. 1 182.71 182.71 .00 .00 000905 HYDEN, MICHAEL 1 300.00 300.00 .00 .00 000946 C. P. OFFICE PRODUCTS 4 519.40 519.40 .00 .00 000950 C. W. HOULE, INC. 1 3,757.05 3,757.05 .00 .00 001000 CATCO PARTS, INC. 1 10.65 10.65 .00 .00 001040 CENTENNIAL FIRE DISTRICT 1 687.50 687.50 .00 .00 001046 F.M. FRATTALONE EXC /GRADING, INC. 1 157,450.43 157,450.43 .00 .00 001062 CULLIGAN, BOTTLED WATER, INC. 1 69.11 69.11 .00 .00 001148 CLEARWATER CREEK CONVENIENCE CENTER, INC 1 68.16 68.16 .00 .00 0 209 CORSON, KIRK 1 300.00 300.00 .00 .00 ACCLAIM BENEFITS 1 174.00 1/4.00 .00 .00 001292 DEHN OIL COMPANY, INC. 1 4,042.99 4,042.99 .00 .00 001530 FOREST LAKE FORD, INC. 1 412.95 412.95 .00 .00 001531 FOREST LAKE CONTRACTING, INC. 1 44,408.07 44,408.07 .00 .00 001560 FRATTALLONE'S HARDWARE, INC. 1 142.55 142.55 .00 .00 001601 DAVE KICHLER INSPECTIONS, INC. 1 168.80 168.80 .00 .00 001610 GILLUND ENTERPRISES, INC. 1 87.17 87.17 .00 .00 001620 GLENWOOD INGLEWOOD, INC. 1 138.03 138.03 .00 .00 001680 ONE CALL CONCEPTS, INC. 1 323.95 323.95 .00 .00 001940 K.E.E.P.R.S., INC. 1 46.97 46.97 .00 .00 001971 INFRATECH TECHNOLOGIES, INC. 1 412.50 412.50 .00 .00 • Date: 09/16/2003 Time: 13:03:55 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 3 Discount ,or # Name # of items Net Gross Discount Lost 002107 TOLL GAS & WELDING SUPPLIES, INC. 1 5.27 5.27 .00 .00 002130 TRALLE, PAUL 1 300.00 300.00 .00 .00 002177 SUBURBAN LAW ENFORCEMENT ASSOCIATION 1 20.00 20.00 .00 .00 002243 LANE, SHARON 1 150.00 150.00 .00 .00 002320 LEAGUE OF MN CITIES INS TRST 1 74,869.00 74,869.00 .00 .00 002328 LEEF BROTHER, INC. 1 17.66 17.66 .00 .00 002332 LIFE SAFETY SYSTEMS, INC. 1 740.18 740.18 .00 .00 002340 IMAGE PRINTING & GRAPHICS, INC. 1 210.66 210.66 .00 .00 002420 LINO LAKES SENIOR CENTER 1 500.00 500.00 .00 .00 002521 BRENDA S. SHALD & ASSOCIATES 1 1,014.30 1,014.30 .00 .00 002570 METRO COUNCIL WASTEWATER SERVICES 1 56,953.75 56,953.75 .00 .00 002694 SBC, INC. 1 113.76 113.76 .00 .00 003123 NATURE CALLS, INC. 2 697.10 697.10 .00 .00 003220 FACTORY MOTOR PARTS COMPANY 1 1,443.90 1,443.90 .00 .00 003221 NORTHDALE CONSTRUCTION COMPANY, INC 1 195,714.08 195,714.08 .00 .00 0 250 XCEL ENERGY 1 1,821.10 1,821.10 .00 .00 0 NYSTROM PUBLISHING COMPANY, INC. 1 5,041.63 5,041.63 .00 .00 003443 OTTER LAKE ANIMAL CARE CENTER, INC. 1 500.20 500.20 .00 .00 003445 ANDERSON, LYNETTE 1 78.00 78.00 .00 .00 003446 C & L EXCAVATING, INC. 1 143,321.64 143,321.64 .00 .00 003450 COTTAGE HOMESTEADS OF WILLOW PONDS 1 26,300.00 26,300.00 .00 .00 003453 GRAPHIC HOMES 1 6,750.00 6,750.00 .00 .00 003455 MINNESOTA DEVELOPMENTAL BASKETBALL 1 3,530.00 3,530.00 .00 .00 003458 RDJ SPECIALTIES, INC. 1 1,169.75 1,169.75 .00 .00 003460 SHAFIK, ALYA 1 78.00 78.00 .00 .00 003463 VERIFIED CREDENTIALS 1 15.00 15.00 .00 .00 003465 VIKING ELECTRIC SUPPLY, INC. 1 2.78 2.78 .00 .00 Date: 09/16/2003 Time: 13:03:56 or # Name City of Lino Lakes Operator: JAL Page: 4 FM Entry - Invoice Journal Discount # of items Net Gross Discount Lost 003816 RO -SO CONTRACTING, INC. 1 2,000.00 2,000.00 .00 .00 003882 SHRED -IT, INC. 1 54.95 54.95 .00 .00 003900 SAFETY KLEEN CORPORATION, INC. 1 255.00 255.00 .00 .00 003915 SCHAPS, JAMES 1 375.00 375.00 .00 .00 003926 SCHWAAB, INC. 1 65.50 65.50 .00 .00 004120 ST. JOSEPH EQUIPMENT, INC. 1 32.81 32.81 .00 .00 004130 ST. PAUL PIONEER PRESS, INC. 1 214.24 214.24 .00 .00 004150 STAR TRIBUNE, INC. 1 535.55 535.55 .00 .00 004240 STREICHER'S, INC. 3 232.54 232.54 .00 .00 004340 T.A. SCHIFSKY AND SONS, INC. 3 8,145.30 8,145.30 .00 .00 004350 T.K.D.A. 3 22,831.69 22,831.69 .00 .00 004410 THANE HAWKINS POLAR CHEVROLET, INC. 1 64.40 64.40 .00 .00 004427 TIMESAVER OFF -SITE SECRETARIAL, INC 2 871.48 871.48 .00 .00 004530 TURF SUPPLIES, INC. 1 3,549.11 3,549.11 .00 .00 004562 NATIONAL WATERWORKS, INC. 1 857.33 857.33 .00 .00 0 75 UPS /UNITED PARCEL SERVICE 1 15.15 15.15 .00 .00 40 WINNICK SUPPLY, INC. 1 101.55 101.55 .00 .00 900223 REHBEIN TRANSIT, INC. 1 2,480.00 2,480.00 .00 .00 Grand Totals: 106 791,897.63 791,897.63 .00 .00* Date: 09/16/2003. Time: 13:07:47 Operator: JAL Ranges: Options: Check # 69110 0 69111 69084 69085 0 0 69086 69088 69089 69090 0 69115 0092 3 94 69117 69118 69095 0 69096 69097 0 69098 69125 69099 69100 69101 0 69102 69103 69104 0 69126 69105 69106 Page: City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Fund: Dept Id: Program: Vendor #: Invoice #: Schedule Journal #: Bank #: Cash #: Payroll. Check Dates: (A) (A) (A) (A). (A) (R) (A) (A) (A) Print: D Report Format: 1 # of copies: 1 Total By Account: Y Vendor Alpha Name 3394 3423 Sort: D Print Ranges /Options: Y Process Payroll: N Page on Sort: N Description Dept Amount AFSCME COUNCIL #14 PAYROLL WITHHOLDING * * * * * * ** ANDERSON; LYNETTE REIMBURSE PROGRAM REC * * * * * * ** REIMB BLDG ESCROW /375 SI * * * * * * ** REIMBURSE PROGRAM REC * * * * * * ** * * * * * * ** * * * * * * ** AVALON HOMES BARLOW, KAREN BLUCKER, CAROLYN BLUE TOW SERVICE, INC. BUMPER TO BUMPER, INC. COLVARD, BRIAN DELTA DENTAL PLAN OF M ECKLUND, KEVIN FEDT, DAVID GRAPHIC HOMES HINICH, MARY JONMAN, KIM KELLY INSURANCENTER KELLY ROSANNE KEY LAND HOMES KRAUS- ANDERSON KUBITSCHEK, SUSAN LEAGUE OF MN CITIES IN LEAGUE OF MN CITIES IN LUTZ, JOHN METRO COUNCIL WASTEWAT NELSON, KATHLEEN OREN, LAURA OSEN, JODIE PAP, VAL RAWLEIGH, PAT RELIASTAR LIFE INSURAN SCHILTZ, LORI SCHMALL, JOSEPH SCHMITZ, SUSAN SHAFIK, ALYA SHINGOBEE BUILDERS STEIN, JAN STUTZ, KAREN REIMBURSE PROGRAM REC '92 MAZDA PARTS /SUPPLIES REIMBURSE PROGRAM REC * * * * * * ** DENTAL INSURANCE * * * * * * ** REIMBURSE PROGRAM REC * * * * * * ** REIMBURSE PROGRAM REC * * * * * * ** RIEMB BLDG. ESCROW/7586 L * * * * * * ** REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC DISHONESTY BOND REIMBURSE PROGRAM REC REIMS BLDG ESCROW /564 MY REIMBURSE HYDRANT METER REIMBURSE PROGRAM REC INSURANCE ALLOCATION 200 INSURANCE PREMIUM 2003 -2 REIMBURSE PROGRAM REC AUGUST SAC /OCTOBER SEWER REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC LIFE INSURANCE REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC REIMBURSE HYDRANT METER REIMBURSE PROGRAM EEC REIMBURSE PROGRAM REC * * * * * * ** * * * * * * ** 609.68 78.00 1,500.00 78.00 10.00 70.00 24.26 10.00 1,878.97 10.00 10.00 6,750.00 78.00 78.00 1,334.00 10.00 1,500.00 316.15 69.00 49,912.00 95,231.00 10.00 13,884.75 10.00 51.00 10.00 10.00 10.00 926.43 10.00 78.00 10.00 78.00 300.22 10.00 10.00 Date: 09/16/2003 Time: 13:07:47 Operator: JAL Page: City of Lino Lakes FM Entry - Invoice Payment Approval of Bills Check # Vendor Alpha Name Description Dept Amount T.K.D.A. PROFESSIONAL SERVICE Total for Dept ** ** * * ** LEAGUE OF MN CITIES IN INSURANCE ALLOCATION 200 PROGRAM Total. for Dept 200 0 ANOKA COUNTY STAFF TRAINING 0 REHBEIN TRANSIT, INC. PROGRAM REC Total for Dept 205 0 FRATTALLONE'S HARDWARE PARTS /SUPPLIES 0 MINNESOTA DEVELOPMENTA PROGRAM REC 69108 YMCA PROGRAM REC /BUSSING 6 -9 Total for Dept 207 0 FRATTALLONE'5 HARDWARE PARTS /SUPPLIES Total for Dept 208 0 69087 0 69096 0 CAMPOBASSO, DEBI DAHL, CAROLINE LEAGUE OF MN CITIES IN LEAGUE OF MN CITIES IN NYSTROM PUBLISHING COM 0 TARGET 0 TIMESAVER OFF -SITE SEC 0 0 088 69091 0 0 0 0 0 69128 0 SPECIAL SPECIAL YOUTH IN YOUTH IN YOUTH IN YOUTH SP FALL NEWSLETTER MAYOR /CO REIMBURSE LODGING MAYOR /CO 13,706.45 188,671.91 879.00 879.00* 350.00 2,480.00 2,830.00* 37.51 3,530.00 10,796.65 14,364.16* 25.43 25.43* 600.00 .232.96 INSURANCE ALLOCATION 200 MAYOR /CO 106.00 INSURANCE PREMIUM 2003 -2 MAYOR /CO 3,452.00 NEWSLETTER /POSTAGE MAYOR /CO MAYOR /CO MAYOR /CO SUPPLIES AUG 25 Total for Dept 401 5,041.63 25.34 450.48 9,908.41* ACCLAIM BENEFITS FLEXIBLE SPENDING ADMINI ADMINIST 174.00 CULLIGAN, BOTTLED WATE MONTHLY SERVICE /AUGUST ADMINIST 69.11 DELTA DENTAL PLAN OF M DENTAL INSURANCE ADMINIST 112.21 FORTIS BENEFITS, INC. LONG TERM DISABILILTY IN ADMINIST 71.97 LEAGUE OF MN CITIES IN INSURANCE ALLOCATION 200 ADMINIST 387.00 ONVOY, INC: WEB HOSTING ADMINIST ' 47.50 RELIASTAR LIFE INSURAN LIFE INSURANCE ADMINIST 23.75 ST. PAUL PIONEER PRESS SUBSCRIPTION /52 WEEKS ADMINIST 214.24 STAR TRIBUNE, INC. ADVERTISING /SUBSCRIPTION ADMINIST 507.60 U S BANK NET SERVICE /SEMINAR /OFFI ADMINIST 225.00 VERIFIED CREDENTIALS BACKGROUND SCREENING ADMINIST 15.00 Total for Dept 402 1,847.38* LEAGUE OF MN CITIES IN INSURANCE ALLOCATION 200 ELECTION Total for Dept 403 LEAGUE OF MN CITIES IN INSURANCE ALLOCATION 200 CABLE Total for Dept 404 69091 FORTIS BENEFITS, INC: LONGTERM DISABILILTY IN SENIORS 0 LEAGUE OF MN CITIES IN INSURANCE ALLOCATION 200 SENIORS 0 LINO LAKES SENIOR CENT TABLES /CHAIRS SENIORS 0 RELIASTAR LIFE INSURAN LIFE INSURANCE SENIORS 13.00 13.00* 4.00 4.00* 4.63 69.00 500.00 4.75 Date: 09/16/2003 Time: 13:07:47 Operator: JAL Page: City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description Dept Amount Total for Dept 406 69088 DELTA DENTAL PLAN OF M DENTAL INSURANCE 69091 FORTIS BENEFITS, INC. LONG TERM DISABILILTY IN 0 LEAGUE OF MN CITIES IN INSURANCE ALLOCATION 200 0 RELIASTAR LIFE INSURAN LIFE INSURANCE Total for Dept 407 FINANCE FINANCE FINANCE FINANCE 69088 DELTA DENTAL PLAN OF M DENTAL INSURANCE ECONOMIC 69091 FORTIS BENEFITS, INC. LONG TERM DISABILILTY IN ECONOMIC 0 LEAGUE OF MN CITIES IN INSURANCE ALLOCATION 200 ECONOMIC 0 RELIASTAR LIFE INSURAN LIFE INSURANCE ECONOMIC Total for Dept 415 0 CORSON, KIRK 2 & 3 QUARTERLY STIPEND PLANNING 69088 DELTA DENTAL PLAN OF M DENTAL. INSURANCE PLANNING 69091 FORTIS BENEFITS, INC. LONG TERM DISABILILTY IN PLANNING 0 HYDEN, MICHAEL 2 & 3 QUARTERLY STIPEND PLANNING 0 LANE, SHARON 2 & 3 QUARTERLY STIPEND PLANNING O LEAGUE OF MN CITIES IN INSURANCE ALLOCATION 200 PLANNING 0 LYDEN, CHRISTOPHER 2 & 3 QUARTERLY STIPEND PLANNING O RAFFERTY, ROBIN G. 2 & 3 QUARTERLY STIPEND PLANNING 0 RELIASTAR LIFE INSURAN LIFE INSURANCE PLANNING O SCHAPS, JAMES 2 & 3 QUARTERLY STIPEND PLANNING 0 TIMESAVER OFF -SITE SEC AUG 11, 13 PLANNING 0 TRALLE; PAUL 2 & 3 QUARTERLY STIPEND PLANNING Total for Dept 416 578.38* 98.20 46.37 249.00 14.97 408.54* 28.05 12.75 66.00. 4.75 111.55* 300.00 56.10 24.71 300.00 150.00 239.00 200.00 250.00 9.50 375.00 421.00 300.00 2,625.31* T.K.D.A. PROFESSIONAL SERVICE ENGINEER 1,763.27 Total for Dept 417 1,763.27* 69088 DELTA DENTAL PLAN OF M DENTAL INSURANCE 69091 FORTIS BENEFITS, INC. LONG TERM DISABILILTY IN O LEAGUE OF MN CITIES IN INSURANCE ALLOCATION 200 0 RELIASTAR LIFE INSURAN LIFE INSURANCE Total for Dept 418 0 0 0 69114 69088 69091 0 0 0 69096 69121 0 ARMOR HOLDINGS FORENSI C. P. OFFICE PRODUCTS CENTENNIAL FIRE DISTRI CLEARWATER CREEK CONVE CONNEXUS ENERGY DELTA DENTAL PLAN OF M FORTIS BENEFITS, INC. IMAGE PRINTING & GRAPH K.E.E.P.R.S., INC. LEAGUE OF MN CITIES IN LEAGUE OF MN CITIES IN MCCARTHY, KELLY ANN MN DEPT OF ADMIN /INTEC Communit Communit Communit Communit TESTS POLICE OFFICE SUPPLIES POLICE CITIZEN'S ACADEMY SHIRTS POLICE CAR WASHES POLICE MONTHLY SERVICE /AUGUST POLICE DENTAL INSURANCE POLICE LONG TERM DISABILILTY IN POLICE PRINTING SERVICE POLICE UNIFORM SUPPLIES POLICE INSURANCE ALLOCATION 200 POLICE INSURANCE PREMIUM 2003 -2 POLICE REIMBURSE TUITION POLICE. NETWORK USAGE /JULY POLICE 56.12 27.04 285.00 9.50. 377.66* 129.25 162.73 687.50 68.16 15.98 354.55 300.24 210.66 46.97 12,386.00 5,858.00 1,164.00 37.00 Date: 09/16 /2003 Time: 13:07:47 Operator: JAL • Page: City of Lino Lakes FM Entry - Invoice Payment Approval of Bills Check # Vendor Alpha Name 0 0 0 0 0 0 0 69128 0 69129 69130 69131 Description Dept Amount OTTER LAKE ANIMAL CARE ANIMAL CONTROL POLICE RDJ SPECIALTIES; INC. SUPPLIES POLICE RELIASTAR LIFE INSURAN LIFE INSURANCE POLICE SCHWAAB, INC. HAND STAMP POLICE SHRED -IT, INC. DESTROY CONFIDENTIAL MAT POLICE ST. CLOUD STATE UNIVER PROGRAMS /5 POLICE STREICHER'S, INC. UNIFORM SUPPLIES POLICE SUBURBAN LAW ENFORCEME MEMBERSHIP /SEPT OF '04 POLICE U S BANK NET SERVICE /SEMINAR /OFFI POLICE UPS /UNITED PARCEL SERV DELIVERY SERVICE POLICE US LINK MONTHLY SERVICE /AUGUST, POLICE VERIZON WIRELES, BELLE MONTHLY SERVICE /AUGUST POLICE XCEL ENERGY MONTHLY SERVICE /AUGUST POLICE Total for Dept 420 69088 DELTA DENTAL PLAN OF M DENTAL INSURANCE FIRE 69091. FORTIS BENEFITS, INC. LONG TERM DISABILILTY IN FIRE 0 RELIASTAR LIFE INSURAN LIFE INSURANCE FIRE Total for Dept 421 0 DAVE KICHLER INSPECTIO ELECTRICAL INSPECTIONS BUILDING- 69088 DELTA DENTAL PLAN OF M DENTAL INSURANCE BUILDING 69091 FORTIS BENEFITS, INC. LONG TERM DISABILILTY IN BUILDING 0 LEAGUE OF MN CITIES IN INSURANCE ALLOCATION 200. BUILDING 0 RELIASTAR LIFE INSURAN LIFE INSURANCE BUILDING Total for Dept 422 0o 9114 69088 69091 0 0` 0. 0 0 0 69129 0 69131 0 0 0 0 0 69088 BROCK WHITE, INC. C. W. HOULE, INC. CONNEXUS ENERGY DELTA DENTAL PLAN OF M FORTIS BENEFITS, INC.- FRATTALLONE'S HARDWARE LEAGUE OF MN CITIES IN RELIASTAR LIFE INSURAN SBC, INC. SCHARBER & SONS, INC. T.A. SCHIFSKY AND SONS US LINK XCEL ENERGY XCEL ENERGY STAPLES STREETS CATCH BASIN REPAIR /4 STREETS MONTHLY SERVICE /AUGUST STREETS DENTAL INSURANCE STREETS LONG TERM DISABILILTY IN STREETS PARTS /SUPPLIES STREETS INSURANCE ALLOCATION 200 LIFE INSURANCE MONTHLY SERVICE /SEPTEMBE RENTAL EQUIPMENT ASPHALT MONTHLY SERVICE /AUGUST MONTHLY SERVICE /AUGUST MONTHLY SERVICE /AUGUST Total for Dept 430 APITZ GARAGE, INC. AUTO- MEDICS, INC. BEE LINE ALIGNMENT SER BUMPER TO BUMPER, INC. CATCO PARTS, INC. DEHN OIL COMPANY, INC. DELTA DENTAL PLAN OF M REPAIR A/C '99 EXPLORER TOW #241 FRONT END ALIGN PARTS /SUPPLIES FLEET SCHOOL GASOHOL DENTAL INSURANCE STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS FLEET FLEET FLEET FLEET FLEET FLEET FLEET 500.20 1,169.75 128.25 65.50 54.95 1,750.00 232.54 20.00 325.00 15.15 556.64 55.28 3.14 26,297.44* 83.32 36.39 14.25 133.96* 168.80 112.21 46.21 541.00 17.34 885.56* 26.75 3,757.05 701.48 112.20 63.02 7.83 3,776.00 27.79 9.18 514.40 8,145.30 95.23 268.81 3,086.71 20,591.75* 130.37 159.75 50.00 158.45 10.65 4,042.99 28.05 Date: 09/16/2003 Time: 13:07:48 Operator: JAL Page: City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name 0 69091 0 0 0 0 69096 0 0 0 0 0 0 FACTORY MOTOR PARTS CO FOREST LAKE FORD, INC. FORTIS BENEFITS, INC. FRATTALLONE'S HARDWARE GILLUND ENTERPRISES, I INTERSTATE BATTERIES, - BATTERIES LEAGUE OF MN CITIES IN INSURANCE ALLOCATION 200 ,LEAGUE.OF MN CITIES IN INSURANCE PREMIUM 2003 -2 LEEF BROTHER, INC. SHOP TOWELS MYERS TIRE SUPPLY COMP PARTS /SUPPLIES RELIASTAR LIFE INSURAN LIFE INSURANCE ST. JOSEPH EQUIPMENT, - AIR FILTER THANE HAWKINS POLAR CH PARTS /SUPPLIES TOLL GAS & WELDING SUP CYLINDER WINGFOOT COMMERCIAL TI LICENSE PLATE WINNICK SUPPLY, INC. SUPPLIES Total for Dept 431 Description Dept Amount PARTS /SUPPLIES PARTS /SUPPLIES LONG TERM DISABILILTY PARTS /SUPPLIES CHEMICALS FLEET FLEET IN FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET '69109 A T & T - FINAL PAYMENT - GOVERNME 0 ACE SOLID WASTE, INC. MONTHLY SERVICE /SEPTEMBE GOVERNME 0 AID ELECTRIC SERVICE, WORK ON GENERATOR GOVERNME AMERIPRIDE LINEN /APPAR MAT LEASE ANOKA COUNTY PROPERTY TAXES MOLD REMEDIATION EXPENSE REDUCTION ANALYS GOVERNME OFFICE SUPPLIES - GOVERNME MONTHLY SERVICE /AUGUST GOVERNME MONTHLY SERVICE /AUGUST GOVERNME LONG TERM DISABILILTY IN GOVERNME 0 0 0 0 69113 14 91 . 0 0 69093 0 69096 0 0 0 69128 69129 0 BARNA, GUZY & STEFFEN, BRENDA S. SHALD & ASSO C. -P. OFFICE PRODUCTS CENTERPOINT /MINNEGASCO CONNEXUS ENERGY FORTIS BENEFITS, INC. GLENWOOD INGLEWOOD, IN MONTHLY SERVICE /AUGUST GOVERNME J. P. COOKE COMPANY, I LICENSE TAGS GOVERNME KELLY INSURANCENTER DISHONESTY BOND GOVERNME LEAGUE OF MN CITIES IN INSURANCE ALLOCATION 200 GOVERNME INSURANCE PREMIUM 2003 -2 GOVERNME FIRE ALARM INSPECTION GOVERNME LIFE INSURANCE GOVERNME ADVERTISING /SUBSCRIPTION GOVERNME NET SERVICE /SEMINAR /OFFI GOVERNME MONTHLY SERVICE /AUGUST GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME LEAGUE OF MN CITIES IN LIFE SAFETY SYSTEMS, I RELIASTAR LIFE INSURAN STAR TRIBUNE, INC. U S BANK US LINK VIKING ELECTRIC SUPPLY SUPPLIES WIPERS AND WIPES, INC. SUPPLIES Total for Dept 432 0 ACE SOLID WASTE, INC. MONTHLY SERVICE /SEPTEMBE 0 BROCK WHITE, INC. STAPLES 69113 CENTERPOINT /MINNEGASCO MONTHLY SERVICE /AUGUST 69114 _ CONNEXUS ENERGY MONTHLY SERVICE /AUGUST 69088 DELTA DENTAL PLAN OF M DENTAL INSURANCE 69091 FORTIS BENEFITS, INC.- LONG TERM DISABILILTY IN 0 FRATTALLONE'S HARDWARE PARTS /SUPPLIES PARKS PARKS PARKS. PARKS PARKS PARKS PARKS 1,443.90 412.95 12.77 28.66 87.17 42.29 646.00 6,760.00 17.66 26.78 5.46 32.81 64.40 5.27 658.17 101.55 14,926.10* 27.83 350.04 262.15 69.08 91.92 258.00 1,014.30 356.67 108.84 1,283.99 9.84 138.03 49.84 616.00 628.00 27,990.00 740.18 4.75 27.95 45.01 845.85 2.78 276.68 35,197.73* 141.57 26.75 31.41 47.93 154.31 63.41 17.03 Date: 09/16/2003 Time: 13 :07:48 Operator: JAL Page: 6 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description Dept Amount 0 LEAGUE OF MN CITIES IN INSURANCE ALLOCATION 200 PARKS 1,857.00 0 NATURE CALLS, INC. RENTAL SERVICE PARKS 697.10 O RELIASTAR LIFE INSURAN LIFE INSURANCE PARKS 26.13 0 TURF SUPPLIES, INC.. SUPPLIES PARKS 3,549.11 69129 '.US LINK MONTHLY SERVICE /AUGUST PARKS 95.23 O XCEL ENERGY MONTHLY SERVICE /AUGUST PARKS 31.40 Total for Dept 450 6,738.38* 69088 DELTA DENTAL PLAN OF M DENTAL INSURANCE RECREATI 61.72 69091 FORTIS BENEFITS, INC, LONG TERM DISABILILTY IN RECREATI 36.28 - 0 LEAGUE OF MN CITIES IN INSURANCE ALLOCATION 200 RECREATI 700.90 69123 MRPA CONFERENCE /LIZ B RECREATI 300.00 O RELIASTAR LIFE INSURAN LIFE INSURANCE RECREATI 15.20 Total for Dept 451 1,113.20* 69112 BOYLE, KATIE QUARTERLY STIPEND` PARK BOA 100.00 69116 HUELMAN, PAT QUARTERLY STIPEND PARK BOA 100.00 69119 KUSTERMAN, BILL QUARTERLY STIPEND PARK BOA 150.00 69120. LINDY, GEORGE QUARTERLY STIPEND PARK BOA 75.00 69122 MONTAIN, PAUL QUARTERLY STIPEND PARK BOA 150.00 69124 O'CONNOR, MICHAEL QUARTERLY STIPEND PARK BOA 100.00 69127 ' TASCHUK, PAM QUARTERLY STIPEND PARK BOA 150.00 Total for Dept 452 825.00* 69088 DELTA DENTAL PLAN OF M DENTAL INSURANCE ENVIRONM 12.62 69091 FORTIS BENEFITS, INC. LONG TERM DISABILILTY IN ENVIRONM 6.96 O LEAGUE OF MN CITIES IN INSURANCE ALLOCATION 200 ENVIRONM 94.00 41111 0 RELIASTAR LIFE INSURAN LIFE INSURANCE ENVIRONM 2.14 Total for Dept 461 115.72* 69088 DELTA DENTAL PLAN OF M DENTAL INSURANCE SOLID WA 2.81 69091 L FORTIS BENEFITS, INC. LONG TERM DISABILILTY IN SOLID WA 1.55 0 LEAGUE OF MN CITIES IN INSURANCE ALLOCATION 200 SOLID WA 9.,00 0 RELIASTAR LIFE INSURAN LIFE INSURANCE SOLID WA .47 0 SAFETY KLEEN CORPORATI RECYCLE CRUSHED OIL FILT SOLID WA 255.00 Total for Dept 462 268.83* 69088 DELTA DENTAL PLAN OF M DENTAL INSURANCE FORESTRY 12.62 69091 " FORTIS BENEFITS, INC. LONG TERM DISABILILTY IN FORESTRY 6.96 0 LEAGUE OF MN CITIES IN INSURANCE ALLOCATION 200 FORESTRY 229.00 0 RELIASTAR LIFE INSURAN LIFE INSURANCE FORESTRY 2.14 Total for Dept 463 250.72* 69107 U. S. BANK TRUST NATIO ADMIN FEES 8-1-03 01 -3 DEBT SER 1,581.25 Total for Dept 470 1,581.25* 69113 CENTERPOINT /MINNEGASCO MONTHLY SERVICE /AUGUST WATER 64.87 69114 CONNEXUS ENERGY MONTHLY SERVICE /AUGUST WATER 1,570.07 69088 DELTA DENTAL PLAN OF M DENTAL INSURANCE WATER 67.33 69091 FORTIS BENEFITS, INC. LONG TERM DISABILILTY IN WATER 19.79 Date: 09 /16/2003 Time: 13:07:48 Operator: JAL Page: 7 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills. Check # Vendor Alpha Name 0 69093 0 69096 0 0 0 0 69129 0 Description Dept Amount FRATTALLONE'S HARDWARE INSTRUMENTAL RESEARCH, KELLY INSURANCENTER LEAGUE OF MN CITIES IN LEAGUE OF MN CITIES IN NATIONAL WATERWORKS, I ONE CALL CONCEPTS, INC RELIASTAR LIFE INSURAN SBC, INC. US LINK XCEL ENERGY PARTS /SUPPLIES WATER SAMPLES DISHONESTY BOND INSURANCE ALLOCATION 200 INSURANCE PREMIUM 2003 -2 METER INSTALLATION 6 -30 MONTHLY SERVICE /AUGUST LIFE INSURANCE MONTHLY SERVICE /SEPTEMBE MONTHLY SERVICE /AUGUST MONTHLY SERVICE /AUGUST Total for Dept 494 WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER 69114 CONNEXUS ENERGY MONTHLY SERVICE /AUGUST SEWER 69088 DELTA DENTAL PLAN OF M DENTAL INSURANCE SEWER 69091 FORTIS BENEFITS, INC. LONG TERM DISABILILTY IN SEWER 69093 KELLY INSURANCENTER ` DISHONESTY BOND SEWER 0 LEAGUE OF MN CITIES IN INSURANCE ALLOCATION 200 SEWER 69096 LEAGUE OF MN CITIES IN INSURANCE PREMIUM 2003 -2 SEWER 0 METRO COUNCIL WASTEWAT AUGUST SAC /OCTOBER SEWER SEWER 0 ONE CALL CONCEPTS, INC MONTHLY SERVICE /AUGUST SEWER 0 RELIASTAR LIFE INSURAN LIFE INSURANCE SEWER 0 XCEL ENERGY MONTHLY SERVICE /AUGUST SEWER 69131 XCEL ENERGY; MONTHLY SERVICE /AUGUST SEWER Total for Dept 495 • 0 0 C & L EXCAVATING, INC. COTTAGE HOMESTEADS OF F.M. FRATTALONE EXC /GR FOREST LAKE CONTRACTIN INFRATECH TECHNOLOGIES CONTRACTOR /TWILIGHT ACRE PERMANENT DRAINAGE EASEM CONTRACTOR /ELM STREET RE CONTRACTOR /LAKE & APOLLO GROUT PIPE JOINTS 26.09 93.50 25.00 642.00 1,979.00 857.33 161.98 20.92 104.58 117.93 1,365.46 7,115.85* 320.98 39.26 19.81 25.00 1,152.00 1,575.00 43,069.00 161.97 11.36 155.43 28.70 46,558.51* OTHER 143,321.64 OTHER 26,300.00 OTHER 157,450.43 OTHER 44,408.07 OTHER 412.50 195,714.08 2,000.00 7,361.97 6,198.30 583,166.99* NORTHDALE CONSTRUCTION CONTRACTOR /BLACK DUCK LI OTHER RO -SO CONTRACTING, INC REPLACE CULVERT " OTHER T.K.D.A. CENTURY FARM LIFT STATIO OTHER WEBBER RECREATIONAL DE GOALSETTERS /LOCKOUTS OTHER Total for Dept 499 `. Grand Total 970,174.99* Centennial Fire District Check Register 9/16/2003 The disbursements listed below are submitted by the Centennial Fire District for your approval: DATE CHECK# NAME 9/16/2003 13946 9/16/2003 13947 9/16/2003 13948 9/16/2003 13949 9/16/2003 13950 9/16/2003 13951 9/16/2003 13952 9/16/2003 13953 9/16/2003 13954 9/16/2003 13955 9/16/2003 13956 9/16/2003 13957 9/16/2003 13958 9/16/2003 13959 9/16/2003 13960 Citgo Petroleum Corporation Connexus Energy Emergency Apparatus Maintenance Emergency Medical Products, Inc. Frattallone's Hardware Grainger Loffler Business Systems Metrocall MN Chapter IAAI /Jeffrey G. Schadegg NFPA Orkin Exterminating Qwest Tom Thumb Viking Office Products Sam's Club 1 of 1 ACCOUNT 42100 - Fuel and Lube 42252 - Station 1 - Electric 42000 - Vehicle Maintenance 42260 - Medical Supplies 42110 - Other Maintenance 42130 - Equipment Expense 42180 - Office Supplies 42240 - Telephone 42200 - Dues and memberships 42200 - Dues and memberships 42110 - Other Maintenance 42240 - Telephone 42100 - Fuel and Lube 42180 - Office Supplies 45010 - Safety Camp Expense Total AMOUNT 106.41 334.93 7095.77 129.42 136.07 22.66 17.02 84.64 25.00 135.00 56.23 187.90 22.00 225.69 257.64 $8,836.38 • • • AGENDA ITEM 1B STAFF ORIGNINATOR: Jean Viger, Deputy Clerk MEETING DATE: September 22, 2003 TOPIC: Election Judge Appointment VOTE REQUIRED: Simple Majority (3/5 Vote) BACKGROUND: In 2002 the Anoka County Office of Elections and Registration trained and certified the attached list of election judges. This certification is valid through December 31, 2003. After city council approval, I will select election judges from this list to serve as election judges for the 2003 Municipal Election on Tuesday, November 4th. As I prepare the roster for each of the six precincts, I must consider party balance and will attempt to schedule each judge to work in the precinct in which he or she lives. OPTIONS: 1. Adopt a motion accepting the attached list of election judges. 2. Reject list RECOMMENDATION: 1. Adopt motion accepting list • • 2003 ELECTION JUDGES NAME ADDRESS Jo Anne Bucholz Ardeth Bernier Eileen Couture* Alvin DeMotts Sylvia Marier* Mary Schleicher Marie Waldhauser Cori M. Duffy* Gloria Gooden Jim Gooden June Miller Sally Nelson* Bernice Salo Anna May Thies Mary Trombley Barb Thilgen Joyce Leight Marilyn Anderson* Betty Livingston Ken Jarvis Mae Etta Jarvis Beverly Ornell Cindy Gutz* Theresa Nelson Warren G. Ahlers Carolyn Mastenbrook William Trudeau Delores Ramsden Deborah Stevens Cheryl L. Nielsen Sharon O'Toole* Randy Noren Cheryl Noren Katherine Wall Jessica J. Lemke Charleen Rutz Elizabeth Utecht Lisa Handrick Joan Jankowski Sue Nelson Mary Fogarty Anne Johnson Gail Wells Ruth Howard Ruth Edwardson Marlys Aune 8215 Wood Duck Trail, 55014 2325 Main Street, 55014 6973 Lakeview Avenue, 55014 7140 Rice Lake Lane, 55014 1801- 77th Street, 55038 12776 Ulysses Circle NE, Blaine, 55434 221 Baldwin Circle, 55014 6256 Hollow Lane, 55014 1477 Snow Goose Trail, 55038 1477 Snow Goose Trail, 55038 1220 - 81st Street, 55025 87 Lilac Street, 55014 7482 Peltier Drive, 55038 7590 - 20th Avenue, 55038 880 James Street, 55014 6978 — 2nd Avenue, 55014 620 Aqua Circle, 55014 884 Old Birch Street, 55014 7156 Sunset Avenue, 55014 7167 Ivy Ridge Court, 55014 7167 Ivy Ridge Court, 55014 1047 Mallard Lane, 55014 7696 Appaloosa Lane, 55014 308 Linda Lane, 55014 6426 Hokah Drive, 55014 610 Aqua Circle, 55014 410 — 62nd Street, 55014 518 Lilac Street, 55014 6333 West Shadow Lake Dr., 55014 1880 Rehbein Street, 55038 7002 West Shadow Lake Dr., 55014 7155 Ivy Ridge Court, 55014 7155 Ivy Ridge Court, 55014 6020 West Bald Eagle Blvd., 55110 503 Andall Street, 55014 7172 Sunset Avenue, 55014 6222 Otter Lake Road, 55110 6214 South Glen Trail, 55014 861 Oak Lane, 55014 319 Linda Lane, 55014 7088 Brian Drive, 55038 6421Totem Trail, 55014 6701 East Shadow Lake Drive, 55014 6366 Painted Turtle Road, 55014 6227 Laurien Avenue, 55014 6964 Lakeview Drive, 55014 PAGE 1 • • • Amy Roth Norma Haglund Mary Strauss Lorita Janas Carol Berg Linda Jensen Mary Crawford Madonna Hughes Laura Behr Sonya Murray DeAnna Thompson Roger H. Nelson Lester Trombley Delores Stoe Louise Fisher Ruth Seppanen Joyce Lund Dawn Bugge Jane Larson * Indicates Head Judge 2003 ELECTION JUDGES 889 Old Birch Street, 55014 6685 Sandhill Drive, 55014 69512°' Avenue, 55014 767 Beaver Circle, 55014 6009 Sargent Court N, 55110 6974 Lake Drive, 55014 614 Aqua Circle, 55014 7079 Ivy Ridge Lane, 55014 7816 Knoll Drive, 55014 6721 Timberwolf Trail, 55038 470 Aqua Circle, 55014 127 Egret Lane, 55014 880 James Street, 55014 6647 Pelican Place, 55014 6396 Painted Turtle Road, 55014 6115 Holly Drive, 550 480 Arrowhead Drive, 55014 7140 2 °d Avenue, 55014 558 Aqua Circle, 55014 PAGE 2 RECOMMENDATION • • • AGENDA ITEM IC STAFF ORIGINATOR: Ann Blair MEETING DATE: September 22, 2003 TOPIC: Resolution 03 -170 Changing Dates of December Council Meeting / Work Session VOTE REQUIRED: Simple Majority BAC The City of Lino Lakes has set Monday, December 8, 2003 at 6:00 p.m. as the date for the City's required Truth -in- Taxation hearing. A continuation hearing, if needed, would be held Monday, December 15, 2003 at 6:00 p.m Traditionally, the City Council adjusts its December meeting schedule to coincide with these hearing dates. This adjustment would result in the second meeting of the month being held on Monday, December 15, and the second work session being held on December 10th Staff recommends adoption of Resolution 03 -170 officially rescheduling these meetings. OPTION 1. Adopt Resolution 03 -170 rescheduling Council December meeting dates. 2. Approve alternate dates. Option 1. • • • CITY OF LINO LAKES RESOLUTION NO. 03-170 RESOLUTION RESCHEDULING DATES FOR DECEMBER COUNCIL MEETING AND DECEMBER COUNCIL WORK SESSION 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 has set their Truth in Taxation Hearings on these exclusive dates, December 8 and December 15; WHEREAS, the City Council of Lino Lakes has traditionally adjusted their December Council meeting dates to coincide with the dates of these hearings, WHEREAS, the second meeting of the month would therefore be conducted one week earlier than regularly scheduled, on Monday, the 15th of December, and the work session immediately preceding would therefore be held on Wednesday, the 10th of December, and WHEREAS, the dates of the December meetings would then be as follows: December 3, 2003 — work session December 8, 2003 — Council meeting December 10, 2003 — work session December 15, 2003 — Council meeting NOW THEREFORE BE IT RESOLVED, that the City of Lino Lakes, Anoka County, Minnesota, that: 1. The dates of the December meetings will be held as follows: December 3, 2003 — work session December 8, 2003 — Council meeting December 10, 2003 — work session December 15, 2003 — Council meeting Adopted by the Lino Lakes City Council this 22nd day of September, 2003. Ann J. Blair, City Clerk John J. Bergeson, Mayor • • AGENDA ITEM 4A STAFF MEMBER Daniel Tesch, Director of Administration DATE 22 September 2003 SUBJECT Centennial Fire District 2004 Budget VOTE REQUIRED 3/5 BACKGROUND Chief Bennett has prepared a 2004 Budget that is 1.22% less than the 2003 Budget, or $640,909.00 in total expenditures. This was prepared with the knowledge that member cities have all had significant revenue reductions. The Operations Committee — made up of the administrators of each city — has reviewed the attached budget. There are no new programs included and most travel has been eliminated. A three percent salary increase for staff is incorporated into the budget. OPTIONS 1. Approve the budget as presented. 2. Return the budget for adjustments. RECOMMENDATION Number One. AGENDA ITEM 7A (i) STAFF ORIGINATOR: Michael Grochala C. C. MEETING DATE: September 22, 2003 TOPIC: Resolution 03 -167 Making and Negative Declaration on the need for and Environmental Impact Statement ACTION REQUIRED: 3/5 vote BACKGROUND Glenn Rehbein et. al. is proposing to develop a 30 acre Industrial Park, east of Lake Drive to create a site for a potential light industrial user, and three additional lots for future development. The size of the development, which could potentially exceed 300,000 square feet of light industrial development, required the preparation of a Environmental Assessment Worksheet. The City retained the services of Short, Elliott, Hendrickson, Inc., (SEH) to prepare the EAW. The City Council authorized distribution of the EAW on July 14, 2003. The required 30 day public comment period ended on the August 20, 2003. Comments were received from the Minnesota Department of Transportation (Mn /DOT), the Minnesota Pollution Control Agency (MPCA) and Metropolitan Council. Agency comments and the City's responses are included in the attached Record of Decision prepared by the City's Consultant Short, Elliott, Hendrickson, Inc. After the public comment period, it is the City's responsibility to decides if it has enough information to determine if the project will cause significant environmental effects. If it will not cause such effects, the City makes a "negative declaration" meaning that an Environmental Impact Statement (EIS) is not necessary. If the review process reveals, in the judgement of the City, that the project will cause significant environmental effects, the City makes a "positive declaration" meaning an EIS is necessary. As setforth in the Record of Decision, adequate information has been presented to determine that the proposed project will not cause significant environmental effects and therefore ,an Environmental Impact Statement (EIS) is not necessary. The City's Environmental Board reviewed the draft Record of Decision on September 10, 2003 and recommended approval with some minor changes. All of their comments have been incorporated into the final document. Representatives from Short, Elliott, Hendrickson, Inc. will be available at the council meeting to address comments. RECOMMENDATION Staff is recommending approval of Resolution 03 -167 making a negative declaration on the need for an Environmental Impact Statement. ATTACHMENTS Resolution No. 03 -167 Record of Decision CITY OF LINO LAKES RESOLUTION NO. 03 -167 RESOLUTION MAKING A NEGATIVE DECLARATION ON THE NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT FOR THE PROPOSED MARSHAN LAKES INDUSTRIAL PARK WHEREAS, MN Rules 4410 establishes the requirements for the preparation of an Environmental Assessment Worksheets (EAW); and WHEREAS, the City initiated an environmental review to determine if the proposed Marshan Lakes Industrial Park has the potential for significant environmental effects, as required by MN Rules, Chapter 4410.4300, Subpart 14.; and WHEREAS, the Lino Lakes City Council makes the following specific findings of fact: 1. The City of Lino Lakes is the responsible governmental unit for the EAW. 2. An EAW was prepared and the City Council approved its distribution with Resolution 03 -109. The EAW was distributed according to the requirements of MN Rules 4410. 3. The public comment period ended on August 20, 2003. 4. The City has reviewed comments on the EAW and has prepared responses to these comments, included in the Record of Decision, dated September 22, 2003 5. The extent to which environmental effects are subject to mitigation by ongoing public regulatory authority indicates that this project does not have the potential for significant environmental effects. 6. In considering the type, extent, and reversibility of environmental effects, there will be no significant environmental effects from the project. 7. The project involves no related developments, connected actions, or phased actions as defined by MN Rules 4410. 8. The City Council must make either a negative declaration or a positive declaration on the need for an Environmental Impact Statement (EIS). NOW, THEREFORE, BE IT RESOLVED that the Lino Lakes City Council makes a negative declaration regarding the need for an EIS, meaning that an EIS is not needed for the Marshan Lakes Industrial Park as currently proposed. Adopted by the Lino Lakes City Council this 22 "tl day of September, 2003. John J. Bergeson, Mayor ATTEST: Ann Blair, City Clerk Record of Decision LAKES BUSINESS PARK (MARSHAN LAKE INDUSTRIAL PARK) Lake Drive (CSAH 23)- Approximately One - Quarter Mile South of I -35W /Lake Drive (CSAH 23) Interchange In the City of Lino Lakes Anoka County, Minnesota Prepared for: City of Lino Lakes Prepared by: Short Elliott Hendrickson Inc. September 22, 2003 RECORD OF DECISION ADMINISTRATIVE BACKGROUND The City of Lino Lakes is the responsible governmental unit (RGU) for this project. An Environmental Assessment Worksheet (EAW) has been prepared for this project as prescribed by environmental review requirements. Lino Lakes prepared the EAW. The EAW was filed with the Minnesota Environmental Quality Board (MEQB) and circulated for review and comments to the required EAW distribution list. A Notice of Availability was published in the EQB Monitor on July 21, 2003. The thirty -day comment period closed August 20, 2003. Written comments received from agencies and citizens are summarized and responded to in this report in the section "AGENCY COMMENTS AND RESPONSES ". Copies of the comments are attached to the end of this document. PROJECT DESCRIPTION The proposed project consists of development of one 13.4 -acre parcel and future development of three outlots totaling 16.2 acres of a plat called the Marshan Lake Industrial Park in Lino Lakes, Minnesota. The initial development includes a 265,000 square foot building for light industrial /warehouse use Development of the initial site will include construction of a street connection to Lake Drive (CSAH 23), extension of public and private utilities (sewer, water, gas, etc.), installation of storm water ponds and /or infiltration basins and site grading. In addition, a storm sewer system will be installed to replace an existing ditch that conveys drainage to Anoka County Ditch No. 10. A conservation easement will be secured along Anoka County Ditch No. 10 to preserve the integrity of the ditch within the boundaries of the property. The City of Lino Lakes anticipates future development of Outlots A, B, and C and as the RGU has included them in the EAW document. Development of the three outlots is expected to be for contemporary light industrial uses. Conceptual uses are as follows: • Outlot A (3.9 acres) - -Light mfg., Office, Retail Sales and Service Establishment. • Outlot B (5.4 acres) -- Professional Offices • Outlot C (7.0 acres) - -Light mfg., Office, Retail Sales and Service Establishment. The conceptual uses are allowed in the LI, Light Industrial District of Lino Lakes. The identified uses are only three of 15 allowable uses in the LI district. Other permitted uses include building material sales, greenhouses, nurseries, warehousing, and distribution facilities. Street and utility improvements for the outlots will be installed with the initial phase of development. The Lakes Business Park has approximately 23 acres (1,002,520 square feet) of developable area with buildings, associated off - street parking and drive areas. For, the 13.4 -acre (586,753 square feet) parcel, approximately 9.83 acres (428,400 square feet) is developable. Non - developable areas include existing wetlands, Anoka County Ditch No. 10, and wooded buffer areas. Maximum buildout will result in 70 percent impervious coverage, which is less than the allowable threshold of maximum impervious coverage of 85 percent, as identified in the City's zoning ordinance. Initial site grading and construction is anticipated to begin in October 2003. Full development of the site is expected to be completed in 3 to 5 years. FINDINGS OF FACT Land Use and Compatibility with Local Plans The project is consistent with local and regional plans, which includes the following: City of Lino Lakes Comprehensive Plan (land use, sanitary sewer, transportation, surface water management) • City of Lino Lakes Subdivision and Platting Ordinance • Rice Creek Watershed District Watershed Management Program The subject property is guided for industrial use, according to the City of Lino Lakes Land Use Plan, and is zoned as light industrial. Wildlife and Vegetation Impacts A search of the Minnesota Department of Natural Resources (DNR) Natural Heritage Database for rare plant and animal species or other significant natural features known to occur within an approximate one -mile radius of the proposed project was conducted. The search identified the Lance - Leaved Violet ( Viola lanceolata), a Threatened species, which has been documented approximately a quarter -mile southwest of the proposed project site. Other plant species identified in the search include the Endangered Tubercled Rein- Orchid (Platanthera flava), the Threatened Twisted -Eyed Grass (Xyris torta), and species of Special Concern, the Autumn Fimbristylis ( Fimbristylis autumnalis) and Marginated Rush (Juncus marginatus). The DNR requested that a botanical survey be conducted in the project area. Mr. Jason Husveth, Senior Biologist at Tetra Tech EM Inc., and Mr. Marty Asleson, Environmental Specialist for the City of Lino Lakes, completed a botanical survey at the proposed project site on July 17, 2003. In summary, a thorough field review by Mr. Husveth and Mr. Asleson encountered none of the above species mentioned in the above paragraph. The proposed project site was primarily maintained as non- native herbaceous old -field vegetation, dominated by Smooth Brome (Bromus inermis), Kentucky Blue Grass (Poa pratensis) and Reed Canary Grass (Phalaris arundinacea). Anoka County Ditch 10 and several smaller laterals along its extent contained primarily second growth woodland vegetation dominated by Box Elder (Acer negundo), Elm (Ulmus americana), Buckthorn (Rhamnus carthartica) and Hackberry (Celtis occidentalis). Focused searches were conducted in isolated depressions for suitable habitat for such species as Lanced - Leaved Violet (Viola lanceolata), Autumn Fimbristylis (Fimbristylis autumnalis), Tubercled Rein - Orchid (Platanthera flava), Marginated Rush (Juncus marginatus), Clinton's Bulrush (Scripus clintonii; State Special Concern), and Cross Leaved Milkwort (Polygala cruciata; State Endangered). No rare species were found within the limited suitable habitat. Based on the findings of July 17th, 2003 field survey of the proposed project area and the absence of state - listed plant populations on the site, it was concluded that no rare plant populations would be directly impacted by the proposed development activities on- site. Wetland Impacts The proposed plan will not require the alteration of the wetlands on the site. In the event future development does encroach upon on -site wetlands, under the Minnesota Wetland Conservation Act (WCA) the Rice Creek Watershed District (RCWD) acts as the LGU for wetland impacts. The RCWD will assume wetland alteration permit authority over any wetland impacts. Anoka County Ditch No. 10 will be preserved in its existing condition, to the extent possible. Water Related Land Use (Shoreland and Floodplain Impacts) The very eastern portion of the site is located within the designated shoreland zoning district for Marshan Lake. The City has adopted a shoreland and a floodplain ordinance that regulates development within these designated areas. The DNR has approved these ordinances. The proposed development will be in compliance with the standards of these ordinances. Outlots A and B lie partially within the shoreland buffer for Marshan Lake and will be limited to a maximum impervious surface area of 60 %, in accordance with the City's shoreland ordinance. There are no floodplain impacts associated with the proposed project. Water Quality Impacts The creation of new detention facilities will address the increased quantities of runoff resulting from increases in impervious surfaces. Surface water runoff will first be conveyed by new storm sewer and then discharged into storm water ponds prior to discharge into receiving water bodies. Storm water ponds will provide for rate control as well as treatment. The City of Lino Lakes, Rice Creek Watershed District, and Mn /DOT have policies limiting post - development runoff rates to pre- development rates. These policies will be enforced for the subject project. The City of Lino Lakes has storm water policies and design standards that will need to be satisfied by the proposed development to reduce the introduction of pollutants to wetlands and the area waterbodies (i.e. Anoka County Ditch No. 10 and Marshan Lake). Furthermore, the storm water treatment system will need to incorporate standards and rules of the Rice Creek Watershed District that also governs surface water planning within the project area. The proposed treatment and retention system includes the creation of water quality ponds, vegetative filter strips, drainage swales, and infiltration basins. Before construction can proceed, both the City of Lino Lakes and Rice Creek Watershed District (RCWD) must issue permits to satisfy surface water runoff regulations. A National Pollutant Discharge Elimination System (NPDES) permit will be required for this project. Erosion prevention and sediment control best management practices (BMP's) will be used in accordance with the NPDES permit. BMP's will include an erosion control plan and BMP's used in the Minnesota Department of Transportation's (Mn /DOT) standard specifications, details, and special provisions. Temporary and permanent erosion control measures will include timely revegetation of disturbed areas, hay bales, silt fencing, flotation silt curtains, and sedimentation ponds. Hazardous Waste A Phase I Environmental Site Assessment (ESA) was completed for the proposed project in June 2003. A copy of the Phase I report is on file at the City of Lino Lakes Government Center. Based on records review, on -site reconnaissance, and interviews the following suspect environmental conditions were identified on and in the vicinity of the proposed development area: • An adjacent closed LUST (leaking underground storage tank) site located south adjacent to the proposed project area was identified, as currently and historically, to likely have involved the use of significant quantities of hazardous substances and /or petroleum products. The site historically and currently was observed to have poor outdoor housekeeping practices. With the exception of the closed LUST listing, no releases related to the historical or current uses have been reported for the adjacent site. Based on information obtained from the MPCA regarding the LUST, this site is not suspected to have potential to impact soil or groundwater beneath the proposed project area. Additionally, given the planned development of the proposed project does not include the construction of buildings in the vicinity of the south adjacent site, this finding is not considered to constitute a recognized environmental condition. • Historical activities likely involved the application of herbicides and /or pesticides to proposed project area as part of historical crop cultivation. Given that this historic crop cultivation chemical use was stopped decades ago, and the bulk storage of chemicals were not observed on the proposed project area in available historic aerial photographs, this finding is not considered a recognized environmental condition. Crushed concrete was reportedly placed on the south /southeastern portion of the proposed property area. Potential on -site disposal of demolition debris from demolition of two to three structures historically associated with the former adjacent farmstead located near the southwest corner of the proposed project area Surface disturbance located in the north- central portion of the proposed project area in the 1980 aerial photograph; the cause of the disturbance unknown. The potential for encountering buried debris exists for the proposed project area, which includes excavating activities. These findings are considered to constitute recognized environmental conditions. Based on the potential for encountering buried debris during redevelopment activities, it is recommended that soils be screened as part of geotechnical investigations to be conducted on the proposed project area in preparation for future development activities. No hazardous wastes will be generated by the proposed project. Temporary fuel storage tanks for construction equipment may be located in the project area to allow ready access for equipment refueling. The size and location of these tanks is unknown at this time. Traffic The only mitigation measure necessary will be a southbound right turn lane from Lake Drive to the development. A northbound left turn lane will also be installed on Lake Drive. Dust and Noise Impacts Dust will be generated during construction. Construction activities will disturb existing vegetative ground cover and allow soil material to become airborne. This will be a temporary impact primarily associated with grading activities. Odors may be generated by exhaust from engines engaged in construction activities. Any equipment will be properly equipped to control odor emissions. Construction noise will be controlled by periodic inspections to ensure that equipment is properly muffled. Construction noise will be regulated by the Minnesota Pollution Control Agency and standards set forth by the U.S. Environmental Protection Agency. Air Quality Impacts The project does not meet state thresholds for requiring an Indirect Source Permit. Visual Impacts The Lakes Business Park development will be designed to minimize adverse visual impacts for site users and roadway neighbors. Historic and Archaeological Resources A Phase I archaeological survey was conducted in July 2003. A copy of the report is on file at the City of Lino Lakes City Government Center. A field survey was conducted from July 8 to July 9, 2003. Two archaeological sites were identified during the investigation as having a high potential for intact precontact archaeological resources. Shovel tests in these two areas revealed no cultural materials and no further archeological work is recommended for the proposed development area. A letter from the State Historic Preservation Office, dated September 8, 2003, concurs with the findings of the Phase I archaeological survey. AGENCY COMMENTS AND RESPONSES Written comments received from agencies addressing the EAW were as follows: The Minnesota Department of Transportation (Mn /DOT) reviewed the EAW and had the following comments: Mn/DOT Comments: The Transportation System Plan (TSP) covers a 20 -year timeframe and allocates limited funding. At this time there are no plans listed in the TSP to upgrade the interchange and ramps at I -35W and Lake Drive (CSAH 23). Mn /DOT is concerned about the level of proposed development surrounding the interchange of I -35W and Lake Drive (CSAH 23). Mn /DOT has repeatedly advised the City of Lino Lakes that a detailed traffic analysis encompassing I -35W and Lake Drive (CSAH 23) interchange must be performed. At present, no acceptable analysis has been submitted by the City or by a developer. Concerns and recommendations in a letter dated May 25, 2001 and earlier letters remain in effect. The proposed development area will impact the surrounding transportation infrastructure by increasing demand on roadways, which are currently congested. It is recommended the Environmental Assessment Worksheet (EAW) reflect the traffic analysis needs discussed in the previous bullet. Timing the completion of future phases of development so that they happen concurrently with area transportation improvements will assist in minimizing congestion. The City should deny plats, site plans, or permit applications, until transportation issues and needs associated with the proposed project area and development are addressed to the satisfaction of the city and Mn /DOT. Mn /DOT Metro District computation of Average Daily Traffic (ADT) estimated to be generated by the proposed development determined that Tight industrial portion of the development would generate ADT of 1,847, while the proposed warehousing portion of the development would generate an additional 1,314 ADT, for total ADT of 3,161. A Mn /DOT drainage permit may be required for this project. The proposed development will need to maintain existing drainage rates (i.e. the rate of storm water is discharged from the site must not increase). To determine whether a drainage permit will be required, the City or project developer will be required to submit before and after for both 10 and 100 year rainfall events verifying that all existing drainage patterns and systems affecting Mn /DOT right -of -way. Storm water rate runoff will not be allowed to increase to Mn /DOT right -of -way. Review material will include drainage area maps for proposed and existing conditions, as well for proposed and existing conditions, as well as proposed grading plans for the project area site. The hydraulic calculations need to correspond to the drainage area maps. Mn /DOT owns access control along I -35W, and also for approximately 100 feet along Lake Drive (CSAH 23). Any work on Lake Drive (CSAH 23) must meet State Aid rules and policies. Anoka County must review any changes to its County State Aid system so that they stay within its system limitations. Lake Drive (CSAH 23) is Anoka County's jurisdiction and must have the opportunity to comment on the proposed development. City of Lino Lakes Responses: 1. The City of Lino Lakes understands that the upgrading of the interchange of 1- 35W and Lake Drive (CSAH 23) is not in the TSP. The City has been working with Anoka County and with Mn /DOT to find alternate methods of improving the interchange or to justify inclusion of the interchange improvements into future editions of the TSP. The City understands the concern Mn /DOT has relative to the level of proposed development and acknowledges receipt of several letters. The most recent letter, a copy of which Mn /DOT attached, and the others specifically reference the Town Center Development, which is the major proposed development in the area. The City of Lino Lakes has authorized an updating of all previous studies along the corridor, specifically to include the analysis of the impact of the Town Center Development. The previous studies were sent to Mn /DOT. The City anticipates that this will be done within the next month. This EAW Mn /DOT reviewed was for the Lino Lakes Business Park and not the Town Center Development. The developers for Town Center and the developer for Lino Lakes Business Park are different. A separate EAW for Town Center will be prepared. The City of Lino Lakes has reviewed the impact the proposed development will have on the surrounding transportation infrastructure. The EAW contained a detailed analysis of the impact of the 265,000 square foot light manufacturing and warehouse building. We have subsequently added the maximum development possible on the three outlots and included that in the detailed traffic analysis, and sent a copy of the letter report to Mn /DOT. The City anticipates the traffic study for the corridor, being developed in conjunction with Town Center, will address in more detail the impacts of the Town Center growth and background growth, which will be significantly higher than that from the Lino Lakes Business Park. The proposed Lino Lakes Business Park development will not have a significant impact on the transportation infrastructure and, therefore, the City would have difficulty in denying the proposal on a basis of lack of traffic infrastructure sufficient to handle future developments from other parcels, this parcel and background traffic. Mn /DOT computed ADT from the site at 3,161 trips. This is significantly higher than the calculations for either the 265,000 square foot building or for the entire site with maximum outlot development. As requested, Mn /DOT was contacted and it was found that the ADT of 1,847 was for the entire site if it was light industrial and the ADT of 1314 was for the entire site if it was warehousing. The number should not have been added together. This shows that the City is clearly looking at "worst case" or "maximum possible" traffic from the Lino Lakes Business Park. Mn /DOT indicated that a drainage permit might be needed for this development. This is also the City's understanding and as the development proceeds, if it is approved, proper drainage calculations will be made and permit applications submitted. 5. The City understands that Mn /DOT owns access control near the I -35W interchange. The City does not intend to request access through any of the area controlled by Mn /DOT. The Lino Lakes Business Park is several hundred feet south of the interchange. The City submitted a copy of the EAW to Anoka County for their review. The City is working with Anoka County in reviewing the traffic impacts of this development and other developments, which may be proposed in the future. As the City of Lino Lakes continues in the process, copies of plat or other documents will be provided as needed. The Minnesota Pollution Agency (MPCA) received copies of the EAW, however, due to limited resources did not provide any specific comments in regard to the proposed project. MPCA Comment: The decision not to review the EAW does not constitute a waiver by the MPCA of any pending permits required by the MPCA. Ultimately, it is the responsibility of the project proposer to secure any required permits and to comply with any requisite permits. City of Lino Lakes Response: 1. The City of Lino Lakes concurs with the MPCA comment. Prior to construction of the proposed project the developer /contractor will submit and obtain NPDES and sanitary sewer permit applications and permits. The Metropolitan Council offered the following comments: Metropolitan Council Comments: The proposal will remove 0.8 acres of wooded vegetation and increase the lawn /landscaping from 0 to 9.0 acres. Re- landscaping as much of the proposed lawn /landscaping area in native vegetation will benefit water quality and potentially replace some bird and wildlife habitat that will be lost due to the proposed development. Replacing the lost wooded area in native landscaping in the native landscaping areas is also desirable. The restoration of the stream banks and an appropriate buffer along County Ditch #10 with native vegetation will benefit water quality. The project is just up stream from Rice Creek Chain of Lakes Regional Park Reserve. Preserving and restoring habitat and water quality in the areas surrounding the park will benefit the ecological values in the park reserve, particularly in and around Marshan Lake. 4. Staff review concludes that the EAW is complete and accurate with respect to regional concerns and raises no major issues of consistency with Council policies. An EIS is not necessary for regional purposes. Lino Lakes Responses: I. Vegetative filter/buffer strips will be used around portions of the site. According to the Lino Lakes Handbook for Environmental Planning and Conservation Development, filter /buffer strips provide an important function in minimizing erosion, reducing direct runoff of storm water into vulnerable ecological resources, and help sustain wildlife through suitable habitat. 2. County Ditch #10 has side slopes approaching 12 percent; therefore, erosion would present a potential hazard to water quality. The stream bank area along County Ditch #10 will not be disturbed by construction, and as noted in #3 will be protected by a conservation easement. The proposed development will have the opportunity to minimize impacts to the Rice Creek Chain of Lakes Regional Chain of Lakes. A conservation easement will be dedicated along the County Ditch #10 to preserve the integrity of the drainage corridor. The proposed development will also incorporate storm water treatment best management practices to minimize water quality impacts to County Ditch #10. 4. The City of Lino Lakes concurs with the Metropolitan Council's comment. The City of Lino Lakes passed Resolution No. 03 -167 on September 22nd 2003, stating its approval of the Environmental Assessment Worksheet and its acceptance of the findings of fact for Lakes Business Park, also known as Marshan Lake Industrial Park. DECISION ON NEED FOR EIS Because the potential adverse impacts due to the proposed project will be minimal, the City of Lino Lakes has determined that the environmental review requirements have been met by the Environmental Assessment Worksheet prepared for this project, and that an Environmental Impact Statement is not required. Community Development Director, City of Lino Lakes AGENDA ITEM 7A(ii) STAFF ORIGINATOR: Michael Grochala P & Z MEETING DATE: August 13, 2003 TOPIC: Preliminary Plat for Marshan Lake Industrial Park (Lakes Business Park) ACTION REQUIRED: 3/5 vote BACKGROUND The applicant, Glenn Rehbein et. al., is requesting Preliminary Plat approval for a four lot subdivision, to be sited on 30.6 acres of land for the purposes of developing an industrial park. The property is located northeast of Blue Heron Elementary School and west of Lake Drive. This property is guided for Industrial Use, zoned LI -Light Industrial, and is located within the existing MUSA area. This review is based on the most current submittal, consisting of the following plans: • Marshan Lakes Industrial Park: 1. Certificate of Survey, received 7- 14 -03. 2. Preliminary Plat, received 8 -03 -03 3. Tree Inventory Plan, dated 8- 03 -03. 4. Tree Preservation Plan, dated 8- 03 -03. 5. Grading, Drainage & Erosion Control Plan, dated 8- 03 -03. 6. Utility Plan, dated 8 -03 -03 7. Berm Landscape Plan. ANALYSIS Project Data: Zoning & Land Use. Total Site Area: Upland Area: Number of Lots: 30.6 acres 28.1 acres 4 lots The property is currently guided for Industrial use under the City's comprehensive plan and zoned LI, Light Industrial. The following table summarizes adjacent zoning and land use: City Council Marshan Lake Industrial Park September 22, 2003 Location Existing Land Use Guided Land Use Zoning Site Vacant Industrial Light Industrial North Vacant Commercial General Business East Tax Preparation and Insurance Business, Single Family Industrial Light Industrial Southeast (east of Lake Drive) Single Family Residential and Vacant Low Density Sewered and Un- Sewered Residential R -1, Single Family and R -2, Two Family Residential South Landscaping Business Industrial Light Industrial Southwest Elementary School Public /Semi- Public Public /Semi- Public West I -35W I -35W I -35W Lot Size. The minimum lot size in the Light Industrial District is one acre for a sewered lot. All lots meet or exceed this provision, ranging in size from 3.9 acres to 13.5 acres. Lot Width. The minimum lot width in the Light Industrial District is 100 feet. All lots meet or exceed this provision. Setbacks. The following setback requirements will need to be satisfied in conjunction with individual site plan approvals: Streets Local 30 ft. Collector /Arterial 40 ft. 35W 50 Parking Lot 15 ft. Rear Yard Principal Building Parking Lot Side Yard Principal Building Parking Lot 15 ft. 5 ft. 10 ft. 5 ft. The Tots are of adequate size to accommodate required building and parking setbacks. However, the plat should identify a 50 -foot building setback from Lake Drive, which is a Minor Arterial. City Council Marshan Lake Industrial Park September 22, 2003 Access /Circulation. The property is proposed to be accessed from Lake Drive via a new street. The proposed street, which will terminate with a cul -de -sac, is approximately 460 feet in length. Chapter 302 of City Code sets maximum cul- de -sac length at 500 feet. The proposed street is in conformance with this provision. The proposed access is approximately a quarter mile between both Town Center Parkway and Elm Street and is generally consistent with Anoka County access spacing guidelines. Additionally, the proposed intersection will provide access to future residential development on the east side of Lake Drive. Traffic Impacts. A detailed traffic study was initiated by the City Council in June of 2003 to address traffic impacts from the Marshan Lakes Business Park and the proposed Village development. While the overall study is still in progress the portion relating to the Marshan Lakes Business Park has been completed. A report, dated August 7, 2003, from Glen Van Wormer, the City's Traffic Engineering Consultant, is attached. In summary, the traffic generated by the Lino Lakes Business Park will not require significant improvements be made to Lake Drive other than construction of a southbound right turn lane and a potential northbound left turn lane. With the provision of both northbound and southbound turn lanes onto the industrial park access road, any potential vehicle delays will minimize impact to Lake Drive traffic at the new intersection. A southbound turn lane on Lake Drive is proposed to accommodate vehicle turning movements into the development. Staff is also recommending construction of a northbound left turn lane as a requirement of plan approval, The revised plans submitted September 8, 2003 does propose a northbound by -pass lane rather than a full left turn lane. The acceptance of the by -pass lane rather than a left turn lane will be subject to Anoka County review and approval. The revised plans also show a shortened right turn lane into the development from Lake Drive. Concerns were raised at the Planning and Zoning Board meeting about conflicts with the turn lane and an existing access to the north of the project site. Preliminary discussions with Anoka County indicate that this may be acceptable upon further review. Street width. Section 302 of City Code requires a minimum of 60 feet of right -of- way for cul -de -sacs, and 120 feet for arterial streets. The proposed cul -de -sac satisfies this requirement. The revised plans provide for the required right -of -way City Council Marshan Lake Industrial Park September 22, 2003 along Lake Drive as well as additional right -of -way for sight corners at the intersection. The street is proposed to be constructed to a 38 foot width which is adequate to service industrial traffic. Access control, dedicated to Anoka County, should be shown on the plat on Lots 1 and 4 adjacent to Lake Drive. Grading and Drainage. A grading and drainage plan has been submitted for review by the City. The existing drainage flows north to Anoka County Ditch No. 10, which runs along the northern property line of the proposed plat. An existing private drainage ditch runs northerly through the property into the County Ditch Ten. The private ditch will be diverted into a proposed storm sewer to accommodate site drainage. The new storm sewer will be routed through on -site infiltration basins and /or holding ponds and ultimately into County Ditch Ten. The County ditch will be preserved in its existing condition. The City Engineer has completed a review of the Grading and Drainage Plan. His comments, dated September 18, 2003, are attached. The proposed project is in general conformance with City requirements Utilities. The subdivision is proposed to be serviced with public sanitary sewer and water utilities. The sanitary sewer service will be provided by the existing trunk sanitary sewer main that runs along the west side of the site, parallel to I- 35W. The sanitary sewer laterals will be extended through the site and out to Lake Drive. A twelve -inch water main is proposed to be extended from the existing trunk water main along I35W to Lake Drive. Staff originally recommended extending the sanitary sewer to the north property line along Lake Drive and the Water Main to both the north and south property lines. However, upon further review of the City's Sanitary Sewer and Water Comprehensive Plans staff is recommending that the lines only be extended to Lake Drive. Both trunk sanitary sewer and water main lines are set up to be extended on the east side of Lake Drive. Trunk utilities both north and south of the sight would be extended in conjunction with either future development and /or a City Trunk Utility project. Properties on the west side of Lake Drive would be serviced from the trunk lines by individual service connections. Extension of utility laterals would result in duplicate systems and ultimately in higher infrastructure costs. The City Engineer has completed a review of the Utility Plan. His comments, dated September 18, 2003, are attached. City Council Marshan Lake Industrial Park September 22, 2003 Drainage and Utility Easements. Drainage and utility easements are required. Drainage and utility easements at least ten (10) feet wide shall be provided on all exterior lot lines, and centered on common rear and side lot lines. Easements are also required around wetland and ponding areas. These drainage and utility easements are shown on the plat in conformance with City requirements. Additionally, a 100 -foot wide drainage and utility easement covers the entirety of Anoka County Ditch Ten. A separate ingress /egress easement for maintenance purposes will be required across Lot 2, Block 1, for City access to ponding areas. Floodplain. The portion of the site which bounds County Ditch Number 10 lies within a Flood Plain Zone A. This affected portion of the ditch runs generally east -west across the northern portion of the property. Zone A represents areas of 100 year flood where base flood elevations have not been determined. The City's Floodplain Management Ordinance requires that all principle structures be located no lower than one foot above the regulatory flood protection elevation. The remainder of the project is locate in Zone C, a non -flood plain area, and no impacts to the flood plain are proposed as a result of the project. Wetlands. The project site contains 1.5 acres of wetland, comprising two wetlands: one on Lot 3 and one on Lot 4. No filling or alterations of the wetlands are proposed as part of the project. Environmental Assessment Worksheet (EAW). Minnesota Rules Chapter 4410.4300, subpart 14 requires the preparation of an EAW for industrial and commercial projects that exceed a gross floor space threshold of 300,000 sq.ft. for 3rd or 4th class cities. Because subdivision of the property provides the potential for this threshold to be exceeded, an EAW has been prepared. The EAW was reviewed by the City's Environmental Board on July 30th, and approved by the City Council for distribution and comment on July 14, 2003. The required 30 -day public comment period ended on August 20th Minnesota Statute 16D.04 prohibits final decisions on a proposed project until a negative declaration on the need for an Environmental Impact Statement (EIS) is made. Rice Creek Watershed District (RCWD). A RCWD Land Development permit is required for the proposed project. The RCWD Board reviewed the application on August 13th and approved a CAPROC (Conditional Approval Pending Receipt Of Changes). Anoka County. Plans have been forwarded to Anoka County for review. An Anoka County access permit onto Lake Drive for the proposed roadway will be required. It is also likely the County will require the dedication of right -of -way along Lake Drive, dedication of access control for Lot 1 and Lot 4 that abut Lake City Council Marshan Lake Industrial Park September 22, 2003 Drive, and turn lane improvements to Lake Drive. Conditions of approval will include the requirements set forth by Anoka County. Tree Preservation. A Tree Inventory and Preservation Plan were submitted. Based on the grading plan submitted, the majority of trees on the interior of the property will be removed. However, the majority of trees located adjacent to County Ditch Ten and within the proposed 100 -foot easement will be preserved. A revised Preservation Plan shall be submitted identifying methods of protection. Such plan will be subject to review and approval by the City's Environmental Specialist. Landscaping /Buffer. The Lino Lakes Zoning Ordinance (Sec. 3, subd. 4.Q.1 & Sec. 8, subd. 1.F) specifies that a landscape buffer should be provided along side or rear lot lines for sites located in the Light Industrial District which abut residential or is across the street from a residential zone. Such a strip should be at least 40 feet in width and result in 80% opacity to a minimum height of six (6) feet. Lots 1, and 4 are subject to this requirement. Additionally, the Ordinance (Sec. 8, Subd. 1.F) requires a 40 foot wide landscape buffer area along side and rear lot lines that abut a residential or commercial district (Lot 2). The existing features that will be preserved on the north side of Lot 2, bordering County Ditch Ten, will satisfy this requirement. The eastern side of Lot 2 includes a 12 -foot rise in elevation over the proposed building floor elevation which will, in conjunction with landscaping required as part of site development approvals, result in adequate buffering of the site. A combination of grading (berming) and landscaping is proposed on Lot 1 and Lot 4 adjacent to Lake Drive. Additional screening will be evaluated in conjunction with individual site development. Park Dedication The City will require a payment in lieu of Park Dedication. The park dedication rate is $2,175.00 per acre for Commercial /Industrial Developments. The total park dedication is estimated to be $61,118.00. Individual Site Development. Development on the individual Tots will be subject to the City's Site Plan Review requirements. The City has received application for a Site & Building Plan Review on Lot 2 for a warehouse /distribution facility, which is a permitted use in the LI, Light Industrial District. Staff is currently reviewing this proposal in accordance with the Zoning Ordinance. The proposed 265,000 square foot Panatonni Project includes approximately 15,000 square feet of office space. Proposed building materials consists of scored concrete tip -up panels. Three color palettes will be used on the exterior City Council Marshan Lake Industrial Park September 22, 2003 of the building ranging from Tight beige to reddish accent panels. Landscaping is provided along the perimeter and interior of the site. Landscaping is proposed to be clumped in intervals along the rear of the building to provide visual breaks of the building line. Net Lawn pervious paving is proposed for the fire lane adjacent to the existing County Ditch to reduce run -off volumes. Issues being addressed by Staff, other than those related specifically to the plat review, contained herein, concern landscaping and buffering of the building (specifically the loading docks) from Lake Drive, and adjacent properties. Environmental Board Recommendation. On July 30th the Lino Lakes Environmental Board reviewed the proposed project. After consideration of the issues, the board voted to recommend approval of the project, with a number of recommendations. These recommendations are summarized in an attached memo from the City's Environmental Specialist, dated July 31, 2003. Planning and Zoning Board The Planning & Zoning Board reviewed the request at it's August 13, 2003 meeting. The board recommended approval of the preliminary plat with conditions with twelve conditions, including review of the turn lane configuration that impacts the driveway access to the north. The conditions have been included in the staff recommendation with the exception of those address with the revised plans and identified in the staff report. Findings 1. The proposed plat is consistent with the Comprehensive Plan. 2. The proposed plat is consistent with City infill policies. The project lies within existing MUSA, the cost of infrastructure improvements are covered by the developer. 3. With the required turn lane improvements to Lake Drive the roads serving the proposed development are capable of serving the development. 4. The City's Water system is adequate to service the proposed development. 5. The City's Waste Disposal Systems is adequate to service the proposed development. 6. The proposed plat satisfies the City's minimum lot size requirements. 7. The proposed plat, with the recommendations setforth herein, provide sufficient right -of -way and easements for public street and utility purposes. RECOMMENDATION Staff recommends approval of the Marshan Lakes Industrial Park with the following conditions: City Council Marshan Lake Industrial Park September 22, 2003 1. The City shall not make any final decision on the proposed project until such time as a negative declaration on the need for an Environmental Impact Statement (EIS) is made or an EIS is determined adequate. 2. Access control shall be dedicated to Anoka County along Lake Drive. 3. A southbound right turn lane and northbound left turn lane shall be constructed on Lake Drive. All costs of such improvements and any necessary easements and /or right -of -way acquisition shall be the responsibility of the developer. 4. The plat and proposed Lake Drive improvements shall be subject to review and approval from Anoka County. 5. A Rice Creek Watershed District permit shall be obtained prior to commencement of site activities. An ingress /egress easement for maintenance purposes over Lot 2, Block 1 shall be submitted to the City for access to ponding areas. All comments setforth in the City Engineer's memo, dated September 18, 2003, shall be incorporated in the development plans. A revised Tree Preservation Plan shall be submitted identifying methods of tree protection. The developer shall enter into a Development Contract with the City. ATTACHMENTS 1. Resolution No. 03 -168 2. General Location Map 3. City Engineers Comments dated September 18, 2003 4. Traffic Report, dated August 7, 2003 5. Environmental Board Comments 6. Preliminary Plat 7. Tree Preservation Plan 8. Grading, Drainage & Erosion Control Plan 9. Utility Plan 10. Berm Landscaping Plan 11. Panattonni Site Plan dated 7- 14 -03. 12. Panattonni Landscaping Plan, dated 8 -7 -03. City Council Marshan Lake Industrial Park September 22, 2003 CITY OF LINO LAKES RESOLUTION NO. 03-168 RESOLUTION APPROVING THE PRELIMINARY PLAT FOR MARSHAN LAKE INDUSTRIAL PARK WHEREAS, the City has received an application for preliminary plat approval for property currently described to -wit: Exhibit A and WHEREAS, the applicant is proposing to subdivide the property into four parcels describes as Lots 1 - 4, Block 1, Marshan Lakes Industrial Park and WHEREAS, the preliminary plat approval request is based on the following submittals, prepared by Glenn Rehbein Companies, received by the City on September 3, 2003: 1. Preliminary Plat of Marshan Lake Industrial Park 2. Grading, Drainage and Erosion Control Plan 3. Utility Plan 4. Tree Inventory Plan 5. Tree Preservation Plan 6. Berm Landscape Plan WHEREAS, at their meeting on August 13, 2003, the Planning & Zoning Board conducted a public hearing and recommended approval of the preliminary plat subject to the conditions listed in the meeting minutes; and WHERAS, the proposed preliminary plat meets the requirements of the City's zoning ordinance and subdivision ordinance subject to certain conditions of approval NOW, THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes hereby approves the preliminary plat for the Marshan Lakes Industrial Park subject to the following conditions: City Council Marshan Lake Industrial Park September 22, 2003 1. The City shall not make any final decision on the proposed project until such time as a negative declaration on the need for an Environmental Impact Statement (EIS) is made or an EIS is determined adequate. 2. Access control shall be dedicated to Anoka County along Lake Drive. 3. A southbound right turn lane and northbound left turn lane shall be constructed on Lake Drive. All costs of such improvements and any necessary easements and /or right -of -way acquisition shall be the responsibility of the developer. 4. The plat and proposed Lake Drive improvements shall be subject to review and approval from Anoka County. 5. A Rice Creek Watershed District permit shall be obtained prior to commencement of site activities. 6. An ingress /egress easement for maintenance purposes over Lot 2, Block 1 shall be submitted to the City for access to ponding areas. 7. All comments setforth in the City Engineer's memo, dated September 18, 2003, shall be incorporated in the development plans. 8. A revised Tree Preservation Plan shall be submitted identifying methods of tree protection. 9. The developer shall enter into a Development Contract with the City. Passed by the Lino Lakes City Council this 22nd day of September 2002. John J. Bergeson, Mayor ATTEST: Ann Blair, City Clerk 10 City Council Marshan Lake Industrial Park September 22, 2003 Exhibit A Property Description That part of the Northwest Quarter of the Southwest Quarter of Section 17, T.31, R.22, Anoka County, Minnesota lying southeasterly of the southeasterly line of said Highway 35W, except that part Tying southeasterly of the centerline of Highway No. 8, also known as Lake Drive, and except that part of the south 225 feet of said Northwest Quarter of the Southwest Quarter Tying westerly of said centerline and easterly of the west 538.56 feet thereof, and except the south 633 feet of the west 538.56 feet of said Northwest Quarter of Southwest Quarter. And that part of the Southwest Quarter of the Northwest Quarter of Section 17, T.31, R.22, Anoka County Minnesota described as beginning at the southeast corner of said Southwest Quarter of Northwest Quarter; thence North 01 degree, 03 minutes, 45 seconds East, assumed bearing, along the east line thereof 540.91 feet; thence South 85 degrees, 17 minutes, 07 seconds West 268.25 feet; thence South 49 degrees, 06 minutes, 45 seconds West 323.15 feet; thence South 39 degrees, 46 minutes, 14 seconds West 93.39 feet; thence South 76 degrees, 30 minutes, 13 seconds West 236.61 feet to the east right -of -way line of Highway No. 35W; thence South 36 degrees, 03 minutes, 52 seconds West along said right -of -way line 194.69 feet to the south line of said Southwest Quarter of Northwest Quarter; thence South 88 degrees, 34 minutes, 42 seconds East along said south line 905.97 feet to the point of beginning. And that part of the Northeast Quarter of the Southeast Quarter of Section 18, T.31, R.22, Anoka County Minnesota described as commencing at the southeast corner of said Northeast Quarter of Southeast Quarter; thence north along the east line thereof 633.01 feet to the point of beginning; thence westerly, angle to right, 90 degrees, 19 minutes, 04 seconds 181.55 feet to the southeast line of said Highway 35 W; thence northeasterly along said line 251.88 feet to the east line of said Northeast Quarter of Southeast Quarter; thence south along said east line 175.46 feet to the point of beginning. All subject to reservations, restrictions, and easements of record. 11 moxrvoix r-vrnr No 50 y--- AIMN- mw - -_+-. --'1 v - .a,sostiIWM- M6HFOF NMI•PL -IF «wssaw -!J- .__ _i— OOUm— rtrt[— uo— xaxNf-xai el firi 6,.. eliti IOC 2, 4 Mir aV ��Il.���a�m ©o�o� ,■p�a��m��7f�,IwY {mal �� +aN Nnl;O r �e• �� �vdCC�GOa"ooe0.'73T�1.. �. 0� v0�0000 dioE9 0l. o�► o arm o doo paa td ll111 o 111111mmo . X 40 122 ,ME ►, ' -- - - -- - -- - - - - -- � g � � a -� �► A�� � VIII .�i� �o '� � ,; , NIO Sao, "': 4fAiiii � �ooINIL it, wnor , .�o III hAlf4"1:4411411111111111 maze III UV 000� o vFS �I II" aw_allAIMI Mill R EHA BILITATIO1 --■ill srA \ M... in _..04..1...),100 4 A ,s, %lir _ Ate.... N�.'iMfTD' ' Np. jgW also 5�a. 'saa000r 4.mw ... d Irmeas ee;► u PIA MEN r o PEN - 'J mil iZ'i, . Yj-6 O PRIM ®i M� ma a Xi Mr 1.1701:121112 n�In!'au OCR _mil UP SS. !i d n . u mu elonzai ©IMM �•11_M, ¢ _! ri! � Ea F 00000°ryooIPcP�m imi rrliWosm _ OG7r�rxG1 can ^ru Uri 2,1313 nD ©0 JI! �O�s. 4 GEORGE / \- RICE LAKE RFSHANAU LAKE i C 1 T LLNOL1KES Memorandum DATE: September 18, 2003 TO Mike Grochala FROM James E. Studenski, City 9 En ineer $ RE: Marshan Lake Industrial Park/Panattoni Development Attached is the TKDA design review memorandum dated September 17, 2003, of the submitted documents for the proposed Marshan Lake Industrial Park/Panattoni Site. The project is in general conformance with the City of Lino Lakes standards. Please contact me at 651/982 -2430 with any questions. 600 Town Center Parkway, Lino Lakes, Minnesota 55014 -1182 Phone: 651 - 982 -2400 ® Fax: 651 - 982 -24'99 ® TDD: 651 - 982 -2410 TKDA • ENGINEERS • ARCHITECTS • PLANNERS MEMORANDUM To: 1500 Piper Jaffray Plaza 444 Cedar Street Saint Paul, MN 55101 -2140 (651)292 -4400 (651) 292 -0083 Fax www.tkda.com James Studenski, City Engineer Reference: Marshan Lake Industrial Park/ Panattoni Development Copies To: City of Lino Lakes, Minnesota Comm. No. From: Scott A. Brink, P.E. Routing: Date: September 17, 2003 12701 -002 Revised documents for the proposed Panattoni Development have been received. This development was previously reviewed in Memorandums dated August 7, 2003, and August 20, 2003. This updated review is based upon the following additional documents recently received: 1. Letter to the City of Lino Lakes dated September 3, 2003 from Glenn Rehbein Companies in response to August 7, 2003 TKDA review. 2. Letter to Polaris Group from Rice Creek Watershed District (RCWD) dated July 1, 2003 regarding wetland delineation work. 3 Storm sewer design tabulation from William McCully dated September 3, 2003. 4. Preliminary Plat of Marshan Lake Industrial Park (11X17), unsigned and undated, received by the City of Lino Lakes September 3, 2003. A full size copy signed and dated September 3, 2003 also received. Site Plan, Grading, Drainage and Erosion Control Plans (11X17, Sheets 1 -4), dated July 11, 2003 and revised September 3, 2003 (by Glenn Rehbein Companies, unsigned). Full sized copies, signed September 3, 2003 also received. 6. Detail, Tree Inventory, and Tree Preservation Plans (11X17, Sheets 5 -7), dated July 11, 2003 and received by the City of Lino Lakes September 3, 2003 (by Glenn Rehbein Companies). 7. Berm Landscape Plan (11X17, Sheet 1), dated August 29, 2003, received by the City of Lino Lakes September 3, 2003. An Employee Owned Company Promoting Affirmative Action and Equal Opportunity Panatonni Development Page 2 September 17, 2003 City of Lino Lakes, Minnesota General It is proposed to extend a street section (cul -de -sac) from Lake Drive to service the proposed development. Lake Drive is under the jurisdiction of Anoka County (CSAH 49), and the proposed street connection must be approved by the County. The proposed cul -de -sac serving the site is intended to be a public street. 2. The July 1, 2003 letter to Polaris Group from RCWD states that the wetland delineation has been reviewed and accepted. Some additional ponding areas are proposed to be created as part of the grading plan to provide for stormwater detention. The proposed grading plan will require approval of the Rice Creek Watershed District to confirm requirements for stormwater treatment, stormwater conveyance, appropriate compliance with the Wetland Conservation Act, and mitigation requirements for flood plain filling. The Developer shall provide copies of the permit application and Watershed correspondence. 3. A geotechnical evaluation previously provided reports that the underlying soils are generally sands and silty sands with the water table varying in depth. In general, the evaluation states that the underlying soils are suitable to support the proposed building and infrastructure. However, the evaluation also states that siltier soils should be removed and replaced with drier granular material and compacted accordingly. For pavement areas, the upper 3 feet must be compacted to 100 per cent of standard proctor density. Utility installation will likely require dewatering and some placement of crushed rock where the siltier soils may not provide sufficient bedding. It is recommended that a geotechnical engineer be retained and consulted accordingly through the duration of construction. 4. Landscape Plans (L1, L2, and L1.1) were provided in a previous submittal. In the August 20 review memorandum, it was stated that the plan needed to be adjusted to avoid any plantings over utilities, especially sanitary sewer, water, and storm sewer. Revised landscaping plans must be submitted for further review. 5. The Tree Inventory and Tree Preservation Plans provide number identifications for the many trees on the site Separate sheets for the tree sizes and types must be provided. 6. Retaining walls are shown at some locations on the site plan. The detail sheet should provide a standard detail for the type of wall and construction. 7. The developer shall be responsible for obtaining an NPDES permit prior to construction (see additional note under Grading and Drainage). A right turn lane on CSAH 49 is proposed for the southbound approach to the site, and a pavement section and length are provided. The length of this turn lane and taper may be shorter than the standard required by Anoka County. The proposed shoulder /turn lane section and length must therefore be approved by Anoka County, and copies of approval correspondence provided. Panatonni Development Page 3 September 17, 2003 City of Lino Lakes, Minnesota Preliminary Plat 1. The preliminary plat is subject to the review and approval of Anoka County and the Minnesota Department of Transportation. 2. The drainage and utility easement across the northeast portion of Lot 3 must be widened an additional 10 feet to accommodate the extension of sanitary sewer and water across the lot. The easement as presently drawn does include the sanitary sewer and water. However, an additional 10 feet is needed due to the depth of the sewer (over 20 feet), and the resulting trench depth and construction/maintenance space required. Grading Drainage and Erosion Control Plan 1. Because the site area exceeds one acre, the development falls under the new rules requiring an NPDES permit. The developer shall be responsible for the permit application, documentation and enforcement of the permit provisions, and full compliance in accordance with MPCA requirements. Silt fence and erosion control measures are provided on the plan. 2. There are various numbers on Sheet 2 referring to grading notes on Sheet 3 that are plotted very lightly and easy to miss. The numbers should be darkened accordingly for better visibility. The Pavement Design information shown at the bottom of Sheet 2 should refer to the commercial street section on Sheet 3. 4. 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 obtaining authorization as needed. 5 A pavement section for the parking lot is provided on the plan. However, the site plan identifies some portions of the drive and parking area as heavy pavement. The plan must distinguish between the two and provide a pavement section for both types of pavement (heavy duty and other). 6. Storm sewer flared end inlet and outlet elevations at all ponds must be provided on the grading plan. Drainage Calculations Comments were provided in the August 7 review addressing drainage calculations. Following are additional comments: 1. Emergency overflow locations and elevations for the ponds and infiltration areas have been identified further. The downstream pond (pond furthest north - Pond 1) has an overflow shown at an elevation of 897.0. Grading and overflow locations for the upstream ponds must be verified and shown to assure that any possible downstream blockages or back -ups will not result in overflows that will affect the building or other properties. Panatonni Development Page 4 September 17, 2003 City of Lino Lakes, Minnesota 2. The bottom of the proposed pond furthest upstream (Pond 5) is well below the groundwater level as shown in the geotechnical report. It is recommended that the capacity of the pond be further reviewed. 3. High water elevations for the existing wetlands are not shown. The information submitted does not indicate if the wetland elevations will rise or be impacted by the proposed construction. In addition, the school pond must be modeled for existing and proposed conditions. The existing conditions appear to be correct while the proposed condition must be revised accordingly. 4. The wetland and Pond 5 should be modeled separately (not combined) to determine their respective flood elevations. Per the September 3 response letter from Glenn Rehbein, it is stated that Pond 5 and the wetland are linked with a ditch. However, no such ditch is shown. 5 Storm sewer computations have been provided and are under review. 6. An average of SCS Type A and Type B soils should be used to determine curve numbers for the proposed conditions. 7. The existing condition curve numbers and times of concentration utilized are acceptable. . As previously stated, approval of the Rice Creek Watershed District should be attained prior to the City granting final approval. Utility Plan Further utility comments are as follows: At the west side of the property, it intended to connect the watermain to the existing 10 -inch main, either to an existing stub, or wet tap directly to the existing 10 -inch main. In any event, a proposed 12 -inch line will be connecting to an existing 10 -inch line, and the location and type of connection must be identified very clearly. A valve must also be installed at the point of connection. The sanitary sewer proposes connecting to an existing manhole along the west side of the property that is shown connecting to an existing 12 -inch trunk main. This connection must also be labeled and identified clearly on the plan. The manhole and invert must be field verified. 2. Watermain is proposed to be looped around the building. The number and location of fire hydrants sown shall be subject to approval of the City Fire Chief. . Note 10 should be revised to state that installation and testing of all sanitary sewer and watermain shall be conducted in accordance with the requirements of the City of Lino Lakes, specifications of the City Engineers Association of Minnesota, the Minnesota Department of Health, and the Minnesota Pollution Control Agency as required. 4. The proposed sanitary sewer and water mains should be shown with a heavier line to distinguish them easier from the existing mains. Panatonni Development Page 5 September 17, 2003 City of Lino Lakes, Minnesota 5. The extension of sanitary sewer and water to the east side of Lake Drive is not being required by the City at this time. However, the sanitary sewer and water main construction shall extend to Lake Drive and terminate at a location on the west side of the roadway (within the Lake Drive right of way). Stubs shall be provided to the north for future connections. A specific location (distance from the edge of Lake Drive) for the terminating point and stubs shall be shown on the plan and approved by Anoka County. 6. The last segment of sewer pipe at the east end of the property is shown as 200 feet in length, but measures slightly longer. The pipe length and resulting upstream invert elevations should be adjusted accordingly. 5EH August 7, 2003 3535 Vadnais Center Drive, St. Paul, MN 55110 -5196 651.490.2000 651.490.2150 FAX architecture • engineering • environmental transportation Mr. Mike Grochala Community Development Director City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 -1182 Dear Mike: RE: Lino Lakes, Minnesota Lino Lakes Business Park Traffic Study SEH No. A- LINOL0306.00 14.00 We are continuing with our Lake Drive Traffic Study and have completed the portion of the study relating to the proposed Lino Lakes Business Park. Preliminary calculations for the traffic from the business park were utilized in the Environmental Assessment Worksheet (EAW). The development consists of 265,000 square feet of light manufacturing and warehouse. The business park also includes three outlots on 16.3 acres. For the purpose of the EAW, a full build- out condition for maximum development each of the outlot parcels could support was identified. Outlot A had a conceptual building of 38,400 square feet with light manufacturing, office and retail sales. Outlot B had an office building of 28,800 square feet. Outlot C had a building of 34,000 square feet for light manufacturing with an upper office of an additional 10,000 square feet. Using those development concepts for the outlots and the 265,000 square foot facility for the Stage 1 proposal, trip generation for the site was calculated. General trip rate information from the Institute of Transportation Engineers Trip Generation Handbook was utilized and modified to reflect the traffic characteristics of the area. For the purposes of this traffic study, the maximum development that could be supported on each of the outlots as identified in the EAW was utilized. No trip reduction was made for interaction between various land uses within the business park. There was also no reduction in assessing impact of traffic on Lake Drive due to "pass -by trips," which occur when an existing motorist on Lake Drive becomes one of the trips to and from the site Based on the characteristics in traffic cited above, the site will generate 284 vehicle trips in the PM Peak Hour. There will be 65 inbound vehicles and 219 outbound vehicles. One hundred forty -two (142) of the exiting vehicles will turn left to travel northeast on Lake Drive. Seventy -seven (77) will turn right and travel southwest on Lake Drive. From Mn/DOT Traffic Volume Maps, average daily traffic on Lake Drive near Elm Street is 10,000 vehicles per day. It is estimated that there are 800 vehicles on Lake Drive in the PM Peak Hour with approximately 60 percent northbound. Vehicles turning right out of the development will have little problem finding gaps in the traffic. At an average rate of more than one vehicle per minute, the gaps should be adequate. Vehicles turning left will find some delays, depending on the rate of release from the various land uses on the site. The average will be approximately five vehicles every two minutes turning left. With the traffic signal at Elm Street, there should be gaps in northbound traffic to accommodate these vehicles. Short Elliott Hendrickson Inc. Your Trusted Resource Equal Opportunity Employer • Mr. Mike Grochala August 7, 2003 Page 2 There may be some delays if concurrent southbound gaps do not occur. However, the delays will be on the access road to Lake Drive and will not impact traffic on Lake Drive itself. Based on the 2020 Traffic Volume Forecast in the Lino Lakes Transportation Plan, traffic volumes on Lake Drive are anticipated to increase to 17,300 vehicles per day. Traffic signals are anticipated on Lake Drive at Elm Street and at Town Center Parkway, as well as at the ramps to I -35W. The traffic signals will platoon traffic in both directions on Lake Drive past the Lino Lakes Business Park. Traffic traveling south on Lake Drive can easily be absorbed into the traffic flow using the gaps in traffic from the signal at Town Center Parkway. The number of trips in the PM Peak Hour will not affect the capacity of the roadway since they will be slightly more than one vehicle per minute. Traffic from the development traveling north on Lake Drive will add an average of five vehicles every two minutes. Traffic will need to enter Lake Drive in the gaps from the traffic signals at the adjacent intersections. If gaps are not readily available, it is anticipated that some of the traffic turning left, with an ultimate south destination, will turn right and utilize the regional road system to access I -35W at other locations. It is estimated that approximately 40 percent of the northbound traffic will turn left to go south on I -35W. Thirty percent will go north on I -35W and 30 percent will continue north on Lake Drive. With this distribution, the only noticeable impact will be northbound traffic traveling through the intersection with Town Center Parkway where the additional 142 vehicles in the PM Peak Hour will be noticeable, but will not decrease the level of service. In the AM Peak Hour, the site will generate 268 vehicle trips. A large percent will be inbound. Only 33 exiting vehicles are anticipated with the higher volume traveling to the south. It is anticipated that there will be 235 inbound vehicles with 153 right turns and 82 left turns to the site. The relatively high volume of right turns in the AM Peak Hour, coupled with the daylong use by heavy commercial vehicles, makes a southbound right turn lane very desirable. It is suggested that a southbound right turn lane be constructed as part of the development. The northbound traffic volumes will find a left turn lane desirable, but not necessary until traffic volumes on Lake Drive increase. It is anticipated that the additional volumes forecasted for Lake Drive in the Transportation Plan will require widening and turn lanes along the entire roadway. A left turn lane could be constructed as part of the overall widening. Anoka County may require a left turn lane be constructed as part of the initial development. The traffic generated by the Lino Lakes Business Park will not require significant improvements be made to Lake Drive other than the suggested southbound right turn lane and the potential northbound left turn lane. Combined with additional volumes from other developments and with the general growth of traffic in the area, Lake Drive, and especially the area through the I -35W interchange, will require widening and turn lanes. This widened section can be extended past the Lino Lakes Business Park access to provide the desirable left turn lanes: The calculations contained in this report are based on the proposed development for the major site and maximum potential development on the three outlots. A change to a less intense land use or reduction in the size of the development will reduce the number of trips generated by the site. Mr. Mike Grochala August 7, 2003 Page 3 These reductions to a less intense development could reduce the volumes in the PM Peak Hour to approximately 225 total trips with an average daily traffic volume of approximately 1,800 to 1,900. If you have questions or need additional information regarding this traffic study, please call me. Sincerely, SHORT ELLIOTT HENDRICKSON INC. Glen Van Wormer, PE Senior Transportation Engineer sah \\spfiles l\spli ko \li o1 \030600\cones\gmchala080703.doc Memo To: Michael Grochalla CC: Jeff Smyser From Marty Asieson Date: July 31, 2003 Re: Recommendations of the July 30, 2003 Environmental Board Environmental Board Meeting Date: July30, 2003 Topic: Marshan Lake Industrial Park, Panattonni Site, Preliminary Plat and Site Plan Review. Recommendations: The Environmental Board recommended that the developer follow all staff recommendations and the following: That the tabulation of percent impervious on sheet P1 of the Developer's proposal be verified. Reduce the number of parking stalls to a minimum Lights should be turned off after hours (not 24 hour use when not in use. • A Tree preservation plan needs to be submitted. • Work with staff on landscape plan. Use native plants. • Use native seed (City seed spec) on all indicated native grass areas. • Use a competant native seed landscape company to install and maintain the native seed areas (5 -year minimum) • Follow the City ordinance for the lighting plan and use of fixtures. • Request P8 phospherous model to demonstrate that post development phospherous Toads to Marshan Lake would not exceed pre- existing development conditions. More trees should be added to the landscape plan. More native -oaks should be used. • Page 1 Additional recommendations as presented in the Staff Report: • Ensure there is adequate seperation between the seasonally high ground water table and the bottom ellevations of the ponds. Needs to be at least 3 -4 feet. Motion hoffer and second by O'Connell to approve the Panattonni Motion made by Grand site plan with above recommendations. All were in favor. Panattonni site plan was approved. _ Topic: Woodstone Builders recommendations Recommendations: The Environmental Board made the following concerning Woodstone Builders: • More Trees be planted along Apollo Drive • Verify the percent impervious figure • Reduce impervious parking to a minimum • Use pervious parking if possible. • ' Work with City staff on landscape plan. Add more oaks to the plan. Use native tree species. Buffer residents. • Use City lighting standards. Motion• By Gtundhoffer, second by O'Dea to approve with recommendations. All in favor. Motion carried. Preliminary Plat of: Marshal Lake Iiidustnal Par OwmerAmdlaue �xaxt �u.. aQ.. re[ wm: wrrQ. m. r9 .mra.nl,an.Ar+ae.r:m.my`9rar.', mar. mb► w. e3mi3a• 1. 4vW. mmlri�lbm9al=.•me<m.�.er®�...xo e, . Glenn and Myrna Rehbein 3.rm...ma , minus[ re [anixmm..nay.ell.lmm.e.nuansWyl yMid eramedhs..rd em otilm 1...... ae cmi.m,nm.....11emrtm.M...16.... 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MN GOiN10 338.56 1b1�aYpa modify the 1N, 771.23. Znaf t."*.r entl Mot I inn a .'t. dmorMIK 1110 . wr l almwor eeabneen N . mau 9Nak 11_;6= P •oo rg o 3_� z'an 812 .'0 It & 5 e =p N: . j Tree Preservation ` Plan PANATTONI .DEVELOPMENT. CO, GLENN REHBEIN..COMPANIES LINO LAKES, MINNESOTA ` ' EHBEfN IAA - '� � � ,l��iffi Q� 1 ` 4q' i 4 g,,"'1I"'.a . .MARSHAN :: LAKE I14DU.STRIAL PARK GRADING PLAN • aar m a SO PC MOWN °"a'""ARxARR / /�y LEGEND 1 :' PARKING LOT PAVFMENT DESID.N' - / .+ CLPT —' PROP FINISHED`.. >Ayr__- MAnmmrM RSA= mmRICAOX ACTT' ! +/ MH 14-2. 'CENTERLINE i.5- BIT. WEAR TYPE. 41 ,u __ LP LOW POINT ..,2 BIT. BASE TYPE i1._- '"'"' -., GRAPHIC SCALE 4 WORM WARM E rf1M -AM MY AA Orr OF LIMO 10IW 12 CLV•RECYCLEOr(HE9VYr > ,0 'STORM MANHOLE 8 C RECYCLED' (U poi 't °4•.. ii /�i i CATCH BASIN - T - Q • I r - pp.. • - .PROPOSED ELEV. PROPOSED STOP • FLOODPLAIN: FILL.- .G° 8 RO .wa .// • EXISTING 016.11166 ARE SHOWN IN AN APPROXIM WAY ONLY. THE CONTRACTOR SHALL DETERMINE 1HE EXACT LOCATION OF ANY AND ALL EXISTING UTIUIIES, BEFORE COMMENCING WORK. HE OR' SHE .AGREES TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES ARISING OUT OF HIS OR HER FAEL TO EXACTLY LOCATE AND PRESERVE, ANY AND EXISTING UTIU0ES.. GOPHER STATE ONE CALL TWIN CITY AREA (651) 454 - 0002';" "' MN TOLL FREE 1- 800 -252 -1168 • Orlve•v1 /MH -14 2 -0 yr , XGEL POWER LINE • CONTACT ERIC PAUL) (851)7753113 ABOUT RAISING OR BURYING COMCAST FIBRE OPTIC MIN850406O GAB wNDA I - ! 1 _� �- E SF —SF— SET FENCB EXLSI'I66 00NT0115 — _ SPOT 5SED 140NDU5 885_88 01102 01 050000 ADVANcED TURF AREA PRE-VEGETATED S6TEO EROSION 1011 CO 6061501 BLANEET ROCK CONSTRUCTION' RUG G' TURN LANG ... I F a l %% [ T e� 1 's1 GRADING, DRAINAGE AND EROSION CONRROI PLAN 1 .PANATTONI. DEVELOPMENT CO. GLENN .REHBEIN COMPANIES UNO LAKES, MINNESOTA 1 • •// ......umouninETARONG WALL. . /PAVFMFNT DESIGN 06YMBOL REPER3 • TO NOTES '2" - - .'50801' 2 BIT.: WEAR TYPE 41 ON / CLV RECYCLED OR•CRUSHED.,` GRAPMC sc • +/ NH rn IMP MH- 14-1'- 9819 P09014P ......:...... !=901.0., jgested); \ �. -1 INV 111:1101.41\ 12.998.44 85011110 - 1582.58 STA0 +49.95 82.48` :.12.90225 101859.00 ONSIDE -,191109. k POMMBP NWL.100d 0010108.8 . FFE =901.0. " ,'. (suggested) m.. NIDR 118E - m s �� J PANATTONI UTILITY .PLAN PANATTONI DEVELOPMENT CO::- -• ;GLENN . REHBEIN COMPANIES LINO LAKES, : MINNESOTA " caw EHBEfN IAL „�; ;, s.,d a. ibm °li IA / ► .. .:.. ➢ EN_ = ' s If -eca / !r 1 : ♦ t' / ./ 111 `�.. 1 :/ 1 1 t` - ) Ha Y.C1 . 111 = U3 2 -.8 8 :L O 4 t3 BERM; LANDSCAPE PANATTONI DEVELOPMENT CO. GLE LINORLAK , uiNNOMMPAANIES Itint (i I 'VT t iflU fi1iE i a I z : 4 w IF p Y.C1 . 111 = U3 2 -.8 8 :L O 4 t3 BERM; LANDSCAPE PANATTONI DEVELOPMENT CO. GLE LINORLAK , uiNNOMMPAANIES • • 1 1 1 0 z c g!til 0 11 Jr . Tri ticj^ il11;� Im 9�"6! °1aa 10 !!9a ii 1 Il� !1 liioi 1 �91 194;i si i it 11i 1! 9'69 1ii01, Iyi 11941 E . 111 -l1 i VII PPM ; ..R'1 Tri AGENDA ITEM 7A -iii STAFF ORIGINATOR: Mary Alice Divine DATE: 09/22/03 TOPIC: Resolution No. 03 -166 approving a Business Subsidy for Panattoni Development, LLC Vote Required: BACKGROUND: Simple Majority Panattoni Development has made a request for tax increment financing on behalf of the tenant, Distribution Alternatives, Inc. (DAI). Panattoni will be constructing a 265,000 sq. ft. distribution facility in the Marshan Lake Industrial Park, and leasing the space to DAI. DAI is a third party distribution center that provides warehousing and administrative services for a variety of clients. DAI currently has facilities in Arden Hills and Roseville, and will be consolidating its headquarters and distribution services in Lino Lakes. The company employs approximately 60 full time employees, including accounting, information systems, marketing, operations and warehouse staff, plus additional temporary employees. The company has committed to hiring at least four (4) new employees within two years at no less than $10.00 per hour, plus benefits. The company has a 10 -year lease, and therefore has committed to remaining within the city for five years after the benefit date. Based on an analysis of information provided by Panattoni and DAI, staff and the city's TIF consultant recommend providing five years of increment at $127,680 per year for a total of $638,400. Business Subsidy Criteria have been established by the city for use in evaluating a request for a business subsidy. The criteria used in evaluating a request for a business subsidy include: 1. The business subsidy meets a public purpose, including but not limited to increasing the tax base. 2. While an increase in the tax base cannot be the sole rounds for granting a subsidy, the city believes it is a necessary condition for any subsidy. 3. The recipient creates the maximum number of livable wage jobs at the site. 4. Projects of this type should promote economic and commercial diversity within the community, contribute to the establishment of a critical mass of commercial development within an area, or encourage full utilization of existing or planned infrastructure improvements. LINO LAKES CITY COUNCIL RESOLUTION NO. 03-166 RESOLUTION APPROVING A BUSINESS SUBSIDY TO PANATTONI DEVELOPMENT, LLC BE IT RESOLVED by the Lino Lakes City Council as follows: Section 1. Recitals 1.01. The Lino Lakes Economic Development Authority (the "Authority ") approved a tax increment financing plan (the "Plan") for the Tax Increment Financing District No. 1 -10 (TIF District No. 1 -10) on August 11, 2003. 1.02. On August 11, 2003, the City Council of the City of Lino Lakes (the "City ") approved the Plan. 1.03. On June 23, 2003, the City approved the revised City of Lino Lakes Business Subsidy Criteria (the "Criteria "), pursuant to Minnesota Statute, sections 116J.993 through 116J.995 (the "Business Subsidy Act. ") 1.04. Panattoni Development, LLC, (the "Developer ") has requested a business subsidy through tax increment financing; and 1.05. The City has considered a business subsidy in the amount of $638,400 for the construction of a light industrial facility in the Apollo Business Center. 1.06. Pursuant to Section 116J.994, subd. 5 of the Business Subsidy Act, the Authority has on this date held a public hearing on the proposed subsidy to the Developer, following published notice as required by law, at which hearing all persons wishing to express an opinion were given an opportunity to do so. Section 2. Findings. 2.01. It is hereby found and determined that the business subsidy is in the best interest of the City because it is consistent with and promotes the goals established by the City in adopting the Criteria. 2.02. It is hereby found and determined that granting the business subsidy to the ,Developer furthers the City's general plan of economic development of the community by encouraging growth and expansion of an industrial park which has not been used to its full potential. 2.03. Pursuant to the Criteria established by the City, it is hereby found and determined that the business subsidy promotes the following: 1. Encourages economic and commercial diversity within the community; 2. Contributes to the establishment of a critical mass of commercial development within an area; 3. Encourages fast growing or other desirable businesses to locate or expand within the community; and 4. Encourages full utilization of existing or planned infrastructure improvements. Section 3. Authorization. 3.01. The business subsidy to the Developer as described above is hereby approved. 3.02. Staff and consultants are hereby authorized and directed to take any and all other actions necessary or convenient to effect the intent of this resolution. Dated: , 2003. Mayor ATTEST: City Clerk Exhibit A CITY OF LINO LAKES BUSINESS SUBSIDY CRITERIA (Revised June 23, 2003) Section 1. Purpose; Statutory Compliance 1.01 The purpose of this document is to establish the criteria to be considered by the city council of Lino Lakes (the "City ") in processing, evaluating and reviewing requests for business subsidies. It is the intent of the City in adopting these revised criteria to comply with Minnesota Statutes, Sections 116J.993 through 116J.995 (the "Act "). The City hereby adopts the definitions contained in the Act for application in the criteria. 1.02. Business subsidy criteria were adopted by the City on July 23, 2001 and are hereby revised. The City has the option to amend these criteria again in the future if doing so is determined necessary or appropriate. Amendments to these criteria are subject to the public hearing requirements of the Act. 1.03. These criteria are intended to set specific minimum requirements which recipients must meet to be eligible to receive business subsidies. The City will not adopt business subsidy criteria on a case by case basis. 1.04. In accordance with the Act, all business subsidy requests must comply with the Act and other applicable Minnesota statutes. The City's ability to grant business subsidies is subject to the limitations established in the Act. Section 2. Goals and Objectives 2.01 It is the City's intent to advance the following goals and objectives in granting business subsidies: (a) Projects must be consistent with Lino Lakes' comprehensive plan and any other similar plan or guide for development of the community. (b) Business subsidies will not be provided for projects which have the financial feasibility to proceed without a public subsidy. (c) Potential recipients will be required to provide such studies, reports, appraisals, financial information or other data as may be requested by the City prior to consideration of a request for a business subsidy. 2.02 Business subsidies must be justified by evidence that the project cannot proceed without the benefit of the subsidy. If tax increment financing is used to grant a subsidy, the recipient must demonstrate compliance with all statutory RI-IB- 232656v1 LN140 -12 1 requirements of the TIF Act, including the "but for" test, and any TIF policy adopted by the City. The recipient will be required to provide all documentation necessary for the City to make the requisite fundings under the TIF Act and the Act. 2.03 Recipients will be required to enter into an agreement with the City which is consistent with statutory requirements and which contains measurable, specific and tangible goals. The agreement must include a commitment to remain in business in Lino Lakes for a minimum of five years after the benefit date, unless waived by the City, and a requirement to comply with the specific job and wage goals established for the project, if any. Section 3. Business Subsidy Criteria 3.01 The City recognizes that every proposal is unique. Nothing in these criteria shall be deemed to be an entitlement or to establish a contractual right to a subsidy. The City may modify these criteria from time to time and reserves the right to evaluate each project on its individual merits. The City may deviate from these criteria by documenting in writing the reason for the deviation and attaching a copy of the document to its next annual report to the Minnesota state agency charged with administration thereof. 3.02 The following criteria shall be utilized in evaluating a request for a business subsidy: RHB-232656v1 LN140 -12 (a) Public purpose. A business subsidy must meet a public purpose, including but not limited to increasing the tax base. Job retention may only be considered a public purpose if the loss of jobs is specific and demonstrable. (b) Increase in tax base. While an increase in the tax base cannot be the sole rounds for granting a subsidy, the City believes it is a necessary condition for any subsidy. (c) Jobs and Wages. In instances in which job creation is determined to be a goal, it is the City's intent that the recipient create the maximum number of livable wage jobs at the site. This may include jobs to be retained but only if retention is specific and demonstrable. The job and wage goal must be attained within two years of the benefit date. The City may, after a public hearing, extend for up to one year the period for meeting the job and wage goal. Qualifying jobs are those which pay, at a minimum, 110 percent of the federal minimum wage, plus benefits. Any deviation from the established wage level must be documented in conformity with the requirements set forth in the Act. If the City, following a public hearing, determines that job creation or retention is not part of the public purpose of the subsidy, the wage and job goal may be set at zero. 2 (d) Economic Development. Projects should promote one or more of the following: 1. Encourage economic and commercial diversity within th community; 2. Contribute to the establishment of a critical mass of commercial development within an area; Increase the range of goods and services available or encourage fast growing or other desirable businesses to locate or expand within the community; 4. Promote redevelopment objectives and removal of blight, including pollution cleanup; 5. Promote the retention or adaptive reuse of buildings of historical or architectural significance; Promote additional or spin -off development within the community; or 7 Encourage full utilization of existing or planned infrastructure improvements. Section 4. Minimum Requirements 4.01. In order for a recipient to be eligible for a business subsidy, the following minimum requirements must be met; (a) Compliance with Sections 2.01 a, b, and c; (b) Compliance with Section 3.02 b; and (c) Compliance with Sections 3.02 c or d. Section 5. Compliance and Reporting Requirements 5.01 Any subsidy granted by the City will be subject to the requirement of a public hearing, if necessary. 5.02 It will be necessary for both the recipient and the City to comply with reporting and monitoring requirements of the Act. 5.03 A recipient may be authorized to move from Lino Lakes within five years of the benefit date only if, after a public hearing, the City approves the request to move. RHB-232656v1 LN140 -12 • • • STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: BACKGROUND: AGENDA ITEM 7A(iv) Michael Grochala September 22, 2003 Consideration of Resolution No. 03 -169 Approving Marshan Lakes Industrial Park Development Contract The conditions of preliminary plat approval for the Marshan Lakes Industrial Park include execution of a Development Contract between the city and developer. In accordance with City policy, staff has prepared a Development Agreement for City Council consideration. The agreement provides for the following: 1. Submittal by the developer of a Letter of Credit in the amount of $974,676.00 representing 150% of the development's Public Improvement costs to insure completion of the project in accordance with the approved plans. 2. Deposit of a cash escrow in the amount of $371,825.00 to reimburse the City for costs incurred by the City related to the development and fees in accordance with City requirements. The total escrow will be adjusted following final determination of trunk utility credits by the City Engineer. RECOMMENDATION: Staff recommends approval Resolution No. 03 -169 authorizing execution of the Development Contract. ATTACHMENTS 1. Resolution No. 03 -169 2. Development Contract. • CITY OF LINO LAKES • • RESOLUTION NO. 03 -169 RESOLUTION APPROVING MARSHAN LAKE INDUSTRIAL PARK DEVELOPMENT CONTRACT WHEREAS, The City Council approved the preliminary plat of Marshan Lake Industrial Park on September 22, 2003, and WHEREAS, the City's subdivision ordinance and conditions of approval require the execution of a development contract, between the Developer and the City of Lino Lakes, prior to commencement of site construction activities and final plat approval to insure satisfactory completion of public improvements. NOW, THEREFORE BE IT RESOLVED THAT the Lino Lakes City Council approves the the Development Contract with Glen Rehbein, et al., for Marshan Lake Industrial Park and authorizes the Mayor and City Clerk to execute such agreement on behalf of the City. Adopted by the Lino Lakes City Council this 22nd day of September, 2003. ATTEST: Ann Blair, City Clerk John J. Bergeson, Mayor • • • DEVELOPMENT CONTRACT Marshan Lakes Industrial Park THIS AGREEMENT made this 22nd day of September, 2003, is by and between the City of Lino Lakes, whose address is 600 Town Center Parkway, Lino Lakes, Minnesota, 55014, a municipal corporation organized under the laws of the State of Minnesota, hereinafter referred to as the "City", and Glenn Rehbein et. al., whose address is 8651 Naples St. NE Blaine 55449, hereinafter referred to as the "Developer". WHEREAS, the Developer has received preliminary plat approval from the City Council for a plat of land within the corporate limits of the City known as Marshan Lakes Industrial Park, hereinafter called "Subdivision ", said land is legally described to -wit: That part of the Northwest Quarter of the Southwest Quarter of Section 17, T.31, R.22, Anoka County, Minnesota lying southeasterly of the southeasterly line of said Highway 35W, except that part lying southeasterly of the centerline of Highway No. 8, also known as Lake Drive, and except that part of the south 225 feet of said Northwest Quarter of the Southwest Quarter lying westerly of said centerline and easterly of the west 538.56 feet thereof, and except the south 633 feet of the west 538.56 feet of said Northwest Quarter of Southwest Quarter. And that part of the Southwest Quarter of the Northwest Quarter of Section 17, T.31, R.22, Anoka County Minnesota described as beginning at the southeast corner of said Southwest Quarter of Northwest Quarter; thence North 01 degree, 03 minutes, 45 seconds East, assumed bearing, along the east line thereof 540.91 feet; thence South 85 degrees, 17 minutes, 07 seconds West 268.25 feet; thence South 49 degrees, 06 minutes, 45 seconds West 323.15 feet; thence South 39 degrees, 46 minutes, 14 seconds West 93.39 feet; thence South 76 degrees, 30 minutes, 13 seconds West 236.61 feet to the east right - of -way line of Highway No. 35W; thence South 36 degrees, 03 minutes, 52 seconds West along said right -of -way line 194.69 feet to the south line of said Southwest Quarter of Northwest Quarter; thence South 88 degrees, 34 minutes, 42 seconds East along said south line 905.97 feet to the point of beginning. • • And that part of the Northeast Quarter of the Southeast Quarter of Section 18, T.31, R.22, Anoka County Minnesota described as commencing at the southeast corner of said Northeast Quarter of Southeast Quarter; thence north along the east line thereof 633.01 feet to the point of beginning; thence westerly, angle to right, 90 degrees, 19 minutes, 04 seconds 181.55 feet to the southeast line of said Highway 35 W; thence northeasterly along said line 251.88 feet to the east line of said Northeast Quarter of Southeast Quarter; thence south along said east line 175.46 feet to the point of beginning. All subject to reservations, restrictions, and easements of record. ;and WHEREAS, the Developer is to be responsible for the installation and financing of certain public and private improvements within the subdivision; and WHEREAS, the City Subdivision Ordinance and Minnesota Statute 462.358 authorize the City to enter into a performance contract secured by cash escrow or other security to guarantee completion and payment of such improvements following final approval and recording of final plat; and NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: that the I. DESIGNATION OF IMPROVEMENTS A. Improvements to be installed at the Developer's expense by the Developer as hereinafter provided are hereinafter referred to as "Developer Improvements ". B. Improvements to be installed by the City and financed by the Developer are hereinafter referred to as "City Improvements ". II. DEVELOPER IMPROVEMENTS A. The Developer's Engineer shall prepare, at the Developer's expense, a grading plan, street including CSAH 23 and utility plan, and a surface water management plan. The Developer shall secure a contractor to install these improvements; said contractor shall be approved by the City at its ABSOLUTE discretion. All Developer Improvements shall require City inspection and approval and, where appropriate, the approval of any other governmental agency having jurisdiction. The Developer will construct and install at Developer's expense the following improvements according to the following terms and conditions: 1. Grading Plan • • • a) A final site grading plan, including certified wetland delineation, with maximum two -foot contours and cross sections as necessary shall be submitted and approved by the City prior to commencement of any site grading. 2. Erosion Control Plan a) The Developer shall submit an erosion control plan, detailing all erosion control measures to be implemented during construction. Said plan shall be approved by the City prior to the commencement of site grading or construction. b) The Developer shall submit a turf establishment plan which details topsoil placement, seeding, sodding, mulching, fertilizing and watering. Said plan shall be approved by the City prior to the commencement of site grading or construction. 3. Tree Preservation Plan a) Developer will provide a tree preservation plan prior to any site grading which shall be in accordance with the City Tree Preservation Policy. b) The Developer shall remove, dispose of, or treat all dead and diseased trees in accordance with the City Forester's recommendation before building permits will be issued. 4. Grading and Erosion Control Construction & Maintenance a) Prior to the commencement of site grading and erosion control, the Developer shall complete items and II.A.3 as listed above. b) The Developer shall grade the site to within 0.2 foot of the grades shown on the approved grading plan. No deviations will be allowed unless a revised plan is submitted and approved by the City and all other regulatory agencies. c) All development shall conform to the natural limitations presented by the topography and soil of the subdivision in order to create the best potential for preventing soil erosion. d) Erosion and siltation control measures shall be coordinated with the different stages of development. Appropriate control measures as required by the City shall be installed prior to development when necessary to control erosion. • e) Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses. The smallest practical area of land shall be exposed at any one period of time. Where the topsoil is removed, sufficient arable soil shall be set aside for respreading over the developed area. The topsoil shall be restored to a depth of at least four (4) inches and shall be of a quality at least equal to the soil quality prior to development. g) The Developer shall install four (4) inches of topsoil on all boulevards and seed or sod as approved by the City. The Developer shall make all necessary adjustments to the curb stops to bring them flush with the topsoil prior to occupancy. h) All disturbed areas shall be seeded. i) The front 50 feet of the lots, the street right -of -way, storm water storage ponds, and surface water drainage ways shall be graded prior to commencement of utility construction. • j) Drainage swales, ditches, storm water storage ponds and other high risk erosion areas shall be protected from erosion. k) All remaining grading must be completed prior to issuance of building permits. 1) Protect streets from erosion deposits. This should include a combination of roadside silt fences, roadside sod strips, catch basin rock bale inlet protection, rock construction entrances, straw mulch, and/or street sweeping. m) The Developer's engineer shall certify, in writing with an as- built survey, that all grading complies with the grading plan prior to issuance of building permits. 5. Final street grading, subbase, gravel base, bituminous binder course, and concrete curb and gutter. 6. Storm sewers when determined to be necessary by the City Engineer, including all necessary laterals, catch basins, inlets and other appurtenances. 7. Sanitary sewer, laterals or extensions, including all necessary building services and other appurtenances. • 8. Water, laterals or extensions, including all necessary building services, hydrants, valves and other appurtenances. 9. The Developer shall place iron monuments at all lot and block corners and at all other angle points on boundary lines. Iron monuments shall be placed after all street and lawn grading has been completed in order to preserve the lot markers for future property owners. Lot comer irons on the back property line shall be installed so that the top of the iron corresponds to the finished ground elevation in accordance with the approved grading plan - guard stakes shall be appropriately installed to mark these irons. 10. The Developer agrees to maintain, at all times before acceptance of the streets by the City, an access road suitable for use by emergency, police and fire department equipment. The adequacy of such road shall be the sole determination of the City. Furthermore, such access road shall be located no more than 150 feet from any structure built within the Subdivision. 11. The Developer shall promptly clear dirt and debris, within public right -of -ways, and drainage and utility easements, resulting from construction by the Developer, its purchasers, builders and contractors within five (5) days after notification by the City. The Developer or its assigns shall be responsible for all necessary street and storm sewer maintenance including street sweeping, storm sewer cleaning, ditch cleaning and pond dredging, resulting from the accumulation of said dirt and debris, until all Certificates of Occupancy are issued. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If and when the streets become impassable, such streets shall be barricaded and closed. The Developer shall maintain a smooth, hard driving surface and adequate drainage on all temporary streets. 12. Street Lighting: a) Street lighting shall be owned by the City. Such street lighting system shall be installed, operated, and maintained by the electric utility company. City and electric utility company may enter into a contractual agreement on the rate and maintenance of the street lighting system. b) It shall be the responsibility of the Developer to pay for street lighting operation charges for the initial 15 months of operation of the system. • • • 13. The Developer shall dedicate to the City, prior to approval of the final plat, at no cost to the City, all permanent or temporary easements necessary for the construction and installation of the Developer Improvements. All such easements required by the City shall be in writing, in recordable form, containing such terms and conditions as the City shall determine. 14. The Developer shall be responsible for securing all site grading and development approvals and permits from all appropriate Federal, State, Regional and Local jurisdictions prior to the commencement of site grading or construction and prior to the City awarding construction contracts for public utilities. 15. The Developer shall make provision that all gas, telephone, cable TV and electric utility designs be submitted to the City for review and approval prior to construction of the streets. Following review and approval by the City, the Developer shall insure that all installations comply with applicable City, County and State design standards and show proof of security arrangements with said utility companies. 16. Cost of Developer Improvements, description and completion dates are as shown on Attachment A. 17. Construction of Developer's Improvements: a) The construction, installation, materials and equipment shall be in accordance with the plans and specifications approved by the City. b) All of the work shall be under and subject to the inspection and approval of the City and, where appropriate, any other governmental agency having jurisdiction. c) Prior to the acceptance of Developer Improvements by the City, the Developer shall obtain final plat approval and record the final plat which will dedicate all permanent easements necessary for the construction and installation of the Developer and City Improvements as determined by the City. d) All construction debris and trash shall be properly disposed of at the Developer expense and in a timely manner as determined by the City. 18. CSAH 23 improvements shall be at the Developer expense. The Developer must obtain all necessary approvals from Anoka County. The Developer is responsible for acquiring any necessary right -of- • way, temporary easements, or permanent easements for the construction of the CSAH 23 improvements. 19. LANDSCAPING. The plat shall be landscaped in accordance with the approved landscaping plan. Any changes or modifications to the approved plan shall be first submitted and approved by the City Community Development Director. The Developer shall construct and pay for all improvements as described in the landscaping plan. 20. Record Plans. Within 30 days after the completion of Public Improvements the Developer shall provide the City with a complete set of reproducible "Record Plans ", and three (3) complete sets of blue line "Record Plans" all prepared in accordance with City Standards. The Developer shall also provide the City with an electronic copy of such "Record Plans" in an AutoCad DWG format. 21. Guarantee a) Faithful Performance of Construction Contracts and Letters of Credit (1) The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Developer Improvements and hereby guarantees the workmanship and materials for a period of one year following the City's final acceptance of the Developer's Improvements. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on one hundred fifty (150 %) percent of the total estimated cost of Developer's Improvements. An Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Lino Lakes and shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Contract and construction of all required improvements in accordance with the ordinances and specifications of the City. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this contract. The Irrevocable Letter of Credit shall be automatically extended for additional periods of one year from present or future expiration dates unless thirty (30) days prior to such the City Clerk or Administrator is notified in writing by certified mail that the Letter of Credit will not be renewed. b) Reduction of Escrow Guarantee. (1) The Developer may request reduction of the Letter of Credit, or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. Prior to the final acceptance of the Developer Improvements the City shall require a Performance Bond or Cash Escrow to cover the one -year warranty provisions of the agreement. The amount shall be determined by the City Engineer. III. CITY IMPROVEMENTS A. Trunk Utility Area and Unit Charges. The City has established a Permanent Improvement Revolving Fund to uniformly distribute the cost of public utility infrastructure, including but not limited to lift stations, force mains, trunk lines, wells, water towers, , jacked or bored highway crossings etc. 1. Trunk Area Charges. In accordance with City policy, the Developer herewith pays the following area charges based on net upland area: Sanitary Sewer: 28.1 Acres @ $2,270 per acre $63,787 Water $68,030 Surface Water Management $91,802 $223,619 28.1 Acres @ $2,421 per acre 28.1 Acres @ $.075 per sq. ft. Total = Any credit to the above area charges for trunk utility oversizing or overdepth costs associated with this development are shown on Attachment A 2. Trunk Utility Unit Charges. Trunk sanitary sewer and watermain unit charges shall be based on the Metropolitan Council Environmental • • Services (MCES) Sewer Availability Charge determination. City trunk utility unit charges shall be in addition to those required by MCES and shall be collected with the issuance of a building permit on individual lots. IV. RECORDING AND RELEASE A. The Developer agrees that the terms of this Development Contract shall be a covenant on any and all property included in the Subdivision. The Developer agrees that the City shall have the right to record a copy of this Development Contract with the Anoka County Recorder to give notice to future purchasers and owners. This shall be recorded against the Subdivision described on Page 1 hereof. City shall provide to Developer upon payment of all the special assessments levied against a parcel, a release of such parcel from the terms and conditions of this Development Contract subject to provisions contained in this contract. V. REIMBURSEMENT OF COSTS A. The Developer agrees to establish a non - interest bearing escrow account with the City in an amount determined by the City Administrator or his designee for the payment of all costs incurred by the City related to the development of the Subdivision and the Developer Improvements including, but not limited to, the following (See Attachment B for breakdown of costs): 1. Plat Review Fee 2. Planner Review Fee 3. Administration - 3% Construction Cost (Public Improvements) 4. Engineering 5. Park Dedication Fee 6. Street Lighting - Install/Operate 7. Traffic Signing Improvements 8. Street - Storm Sewer - Pond Maintenance 9. Sealcoating Fund 10. Aerial Photo Recovery Cost B. If the above escrow amounts are insufficient, the Developer shall make such additional deposits as required by the City. The City shall have a right to reimburse itself from the Escrow upon notice to the Developer, with suitable documentation supporting charge. • • • VI. BUILDING PERMITS A. The Developer agrees that building permits may be issued upon approval of the Final Plat by the City Council at which time all required Financial Security shall be in place with the City. B. The Developer further agrees that City_ Sewer, Water, Storm Sewer, and Bituminous Base Construction of the Streets, temporary street signs, gas, electric, and telephone will be completed prior to the issuance of building permits for Lots 1,3 & 4, Block 1. C. The Developer further agrees that an as-built survey certifying that all the grading complies with the grading plan prior to issuance of building permits. D. Each lot must comply with erosion control measures to prevent any material from leaving the lot. The City of Lino Lakes will not perform any requested inspections on the lot until it complies to the erosion control requirements. E. Each lot must have a City approved Certificate of Grading showing the as- built survey prior to an issuance of a Certificate of Occupancy. It shall be the responsibility of the Developer, its purchasers, builders or contractors to ensure compliance with the grading plan. VII. HOURS OF CONSTRUCTION ACTIVITY A. All construction activity shall be limited to the hours as follows: Monday through Friday 7:00 a.m. to 7:00 p.m. Saturday 9:00 a.m. to 5:00 p.m. Sunday and Holidays No working hours allowed VTTT. OWNERSHIP OF IMPROVEMENTS A. Upon completion of the work and construction required by this contract and acceptance by the City, the improvements lying within the public easements shall become City property without further notice or action. IX. INSURANCE A. Developer or all its subcontractors shall take out and maintain until one (1) year after the City has accepted the Developer Improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of his subcontractors or by one directly or indirectly • • • employed by any of them. Limits for bodily injury and death shall be not less than Five Hundred Thousand and no /100 ($500,000.00) Dollars for one person and One Million and no /100 ($1,000,000.00) Dollars for each occurrence; limits for property damage shall be not less then Two Hundred Thousand and no /100 ($200,000.00) Dollars for each occurrence; or a combination single limit policy of One Million and no /100 ($1,000,000.00) Dollars or more. The City, its employees, its agents and assigns shall be named as an additional insured on the policy, and the Developer or all its subcontractors shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. X. REIMBURSEMENT OF COSTS FOR DEFENSE A. The Developer agrees to reimburse the City for all costs incurred by the City in defense of enforcement of this contract, or any portion thereof, including court costs and reasonable engineering and attorneys' fees if the City prevails in such action. XI. VALIDITY A. If a portion, section, subsection, sentence, clause, paragraph or phrase in this contract is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Development Contract. XII. GENERAL A. Binding Effect 1. The terms and provisions hereof shall be binding upon and insure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land. B. Notices 1. Whenever in this agreement it shall be required or permitted that notice or demand be given or served by either party to this agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinbefore set forth on Page 1 by certified mail (return receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in • • accordance with the above. The addresses of the parties hereto are as set forth on Page 1 until changed by notice given as above. C. Final Plat Approval 1. The City agrees to give final approval to the plat of the Subdivision in accordance with section VII upon execution and delivery of this agreement and all required petitions, bonds, security, and documents as setforth herein and the following: a) An ingress /egress easement on Lot 2, Block 1 for maintenance access to stormwater ponding areas. b) Rice Creek Watershed District Permit c) Anoka County Highway Department access permit regarding access to Lake Drive /CSAH 23. d) Satisfaction of Preliminary Plat conditions of approval. XIII. VIOLATIONS/BUILDING PERMITS A. In the event that Developer violates any of the covenants and agreements contained in this Development Contract and to be performed by the Developer, the City, at its option, in addition to the rights and remedies as set out hereunder may refuse to issue building permits and/or Certificate of Occupancies to any property within the Subdivision until such time as such default has been corrected to the satisfaction of the City. XIV. PARK DEDICATION A. Park dedication for Marshan Lake Industrial Park shall consist of a $61,118.00 park dedication fee. XV. PROPERTY TAXES A. Should the recording of the Final Plat occur after July 1, any and all property taxes on any public property dedicated as a part of this plat shall be the responsibility of the Developer. Dollars shall be incorporated into the escrow agreement to cover the cost of said property taxes. • • DEVELOPER CITY OF LINO LAKES By Developer STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) By Mayor ATTEST: By Clerk On this day of , 20_. before me, a Notary Public within and for said County, personally appeared John Bergeson (Mayor) and Ann Blair (Clerk), to me known to be respectively the Mayor and Clerk of the City of Lino Lakes, and who executed the foregoing instrument and acknowledge that they executed the same on behalf of said City. STATE OF MINNESOTA ) ) SS ) COUNTY OF ANOKA Notary public On this day of , of 20_, before me, a Notary Public within and for said County, personally appeared (Developer), to me known to be the , of , a corporation under the laws of the State of Minnesota, and that they executed the foregoing instrument and acknowledged that they/he executed the same on behalf of said corporation. Notary Public ATTACHMENT A SUMMARY OF IMPROVEMENT COSTS DEVELOPER INSTALLED IMPROVEMENTS JECT NAME: Marshan Lake Industrial Park A PLICANT: Glenn Rehbein NUMBER OF REU's: n/a ASSESSED AREA (ac.): 28.1 BUDGET DEVELOPER CITY ESCROW NECESSARY IMPROVEMENTS COST NOTE IMP. (X) _ IMP. (Y) AMOUNT (Z) SITE GRADING bid e $140,000 EROSION CONTROL Estimate e $3,000 SITE ENGINEERING & SURVEYING Estimate e $5,000 LANDSCAPING Estimate e $15,000 STREET CONST. A. Subgrade /Base Course Estimate e $94,000 B. Wear Course Estimate e $14,000 C. CSAH 23 (Lake Drive) Estimate e $110,000 STORM SEWER CONST. A. Trunk Estimate e B. Lateral Estimate e $90,000 C. Surface Water Mgmt. Charge (s.f.) $0.075 a $91,802 SANITARY SEWER CONST. runk Area Charge (ac.) $2,270 a $63,787 :IPPrunk Credit TBD C. Trunk Unit Charge (REU) $984 g $0 D. Lateral Estimate e $115,000 so WATERMAIN CONST. A. Trunk Area Charge (ac.) $2,421 a $68,030 B. Trunk Credit TBD B. Trunk Unit Charge (REU) $1,588 g $0 C. Lateral Estimate e $63,784 SUBTOTALS: $649,784 $0 $223,619 See Attachment B for security amounts to be posted a: Cost by City policy b: Estimated Cost or Budget by City c: Previously Assessed d: Cash Requirement per Agreement with Park Board e: Provided by Developer f: Estimate by Feasibility Study Ossessed with Building Permits 9/19/03 DA attachments 09 -09 -03 ATTACHMENT B CITY FEES DEVELOPER INSTALLED IMPROVEMENTS • PROJECT NAME: Marshan Lake Industrial Park APPLICANT: Glenn Rehbein NUMBER OF REU's: n/a ASSESSED AREA (ac.): 28.1 BUDGET DEVELOPER CITY ESCROW ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (X) IMP. (Y) AMOUNT (Z) 1 EAW Supplemental Agreement $5,600 b $5,600 2 PLANNER REVIEW FEE $1,500 b $1,500 3 ADMINISTRATION -3% OF CONST. 3% of const. a $15,054 4 ENGINEERING $0 A. Plan/Plat/Grading Review $7,500 b $7,500 B. Preparation of Plans & Specs. $0 b $0 C. Construction Services $30,000 b $30,000 D. Construction Staking $0 b $0 E. City Engineering $12,500 b $12,500 I 5 PARK DEDICATION FEE $2,175/ac. d $61,118 6 STREET LIGHTING INST. & OPER. $1,680 b $3,360 7 TRAFFIC SIGNING IMPROV. $800 b $800 8 STREET, ST. SWR. & POND MAINT. $5,000 b $5,000 OSEALCOATING FEE a $5,415 AERIAL PHOTO COST RECOVERY a $360 11 OTHER - Property Tax Escrow b $0 TOTALS: $0 0 $148,206 Total SECURITY AMOUNTS TO BE POSTED Att. A Att. B Total X = DEV. IMPROVEMENT COSTS X 1.5 (LETTER OF CREDIT) $649,784 $0 $974,676 Y = CITY IMPROVEMENT COSTS X 0.35 (LETTER OF CREDIT) $0 $0 $0 Z = CITY FEE COSTS X 1.0 (CASH ESCROW) $223,619 $148,206 $371,825 * * To be revised pending determination of Trunk Utility Credits. NOTE: • a: Cost by City policy b: Estimated Cost or Budget by City c: Previously Assessed d: Cash Requirement per Ordinance e: Provided by Developer f: Estimate by Feasibility Study 9/19/03 DA attachments 09 -09 -03 AGENDA ITEM 7 B STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: September 22, 2003 TOPIC: Second Reading, Ordinance No. 16 -03: - Rezone From Rural to R -1 Hailey Manor VOTE: 3/5 BACKGROUND The City Council approved the first reading of Ordinance No 16 -03 on September 8th. This is the second reading of the ordinance that rezones four existing rural lots to accommodating the platting of Hailey Manor. The necessary amendment to the comprehensive plan is being assembled for submittal to the Metropolitan Council. The deadline for city action on the application is October 7, which is prior to the next City Council meeting. Therefore, the City Council should approve the second reading tonight. As stated in Section 4 of Ordinance No. 16 -03, the rezoning cannot take effect until the comprehensive plan amendment is approved by the Met Council. OPTIONS 1. Approve the second reading of Ordinance No. 16 -03. 2. Return to staff with direction. RECOMMENDATION Option 1 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. 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 77`" St. to the south. 6. A public hearing was held before the Planning & Zoning Board on July 9, 2003. Crystal Cove page 3 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 STAFF ORIGINATOR: C. C. MEETING DATE: TOPIC: VOTE: AGENDA ITEM 7 C Jeff Smyser September 22, 2003 Second Reading, Ordinance No. 18-03: - Rezoning From R -1 to R -2 Crystal Cove (Outlot B, Highland Meadows East) North Suburban Development, Inc. 3/5 BACKGROUND The City Council approved the first reading of Ordinance No 18 -03 on September 8th. This is the second reading of the ordinance that rezones the eastern portion of the Crystal Cove site to accommodate a duplex. The site is guided for medium density residential development by the comprehensive plan. Upon approval of the second reading, the ordinance will be published September 30th and become effective thirty days later on October 30th OPTIONS l . Approve the second reading of Ordinance No 18 -03. 2. Return to staff with direction. RECOMMENDATION Option 1 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: 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 John J. Bergeson, Mayor ATTEST: Ann Blair, City Clerk Ordinance 18 -03, page 2 STAFF ORIGINATOR: C. C. MEETING DATE: TOPIC: VOTE NEEDED: AGENDA ITEM 7 D Jeff Smyser September 22, 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 Site agriculture Medium Density Residential and Commercial R -1 and R -3 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 page 3 • 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 and Phases Prelim 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 22 47 51 32 minor subdivision lots 1 total 51 144 168 103 75 33 remaining of 147 exceeds target of 147 by percent 3 -21 44 21 14% 72 114 Bruggeman page 4 The proposed phasing plan for this project has fewer lots per year than 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 (for year 2004 only). 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. 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 -Land 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: . 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: 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 and other minor variations 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 ". 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. Bruggeman page 6 Traffic generation by the proposed use is within capabilities of streets serving the property. 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 either as a conditional use permit in a residential zone or as a rezone. This is a rezone. 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 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: A development pattern in harmony with the objectives of the Comprehensive Plan. 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. Bruggeman page 7 3. The preservation and enhancement of desirable site characteristics such as existing vegetation, natural topography and geologic features and the prevention of soil erosion. 4 A creative use of land and related physical development which allows a phased and orderly transition of varying land uses in close proximity to each other. 5 An efficient use of land resulting in smaller networks of utilities and streets thereby lowering development costs and public investments. 6 Promotion of a desirable and creative environment that might be prevented through the strict application of City zoning and subdivision regulations. The 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 an information on the proposed project. 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% Bruggeman page 8 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 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. Bruggeman page 9 The building walls include vinyl siding and stone veneer with vinyl shakes on gable ends. The zoning ordinance requires 25% of the combined area of all facades of a structure to be brick, stucco, and /or natural or artificial stone. No single building facade is to have more than 75% of one type of exterior finish, except for brick, stucco, or stone. The structures are not consistent with these requirements. However, the buildings do include stone veneer around the base of the buildings, shutters on the second floor windows, and moldings in the patio doors. These serve to create visual variety. 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." Additional open space is another purpose. The project as proposed fulfills the PUD purposes and so these variations from standard zoning requirements are justified. 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. Shoreland: 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 Bruggeman page 10 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: • 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 `Y4 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 finally determined and clearly allocated between the two development proj ects. 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: Bruggeman page 13 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. 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. a. 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. The proposed development shall be served with adequate and safe water supply. Bruggeman page 14 City water is available to the project.. f. 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. 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. 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. Bruggeman page 15 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. 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. RECOMMENDATION 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. 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 of the City of Lino Lakes, by rezoning from R -3, Medium Density Residential, to LB, Limited Business, the following described real estate: land shown as Block 12, Miller's Crossroads, on the preliminary plat with revision date July 1, 2003 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: 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 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 Crossroads, except for Block 12, on the preliminary plat with revision date July 1, 2003 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 PRELIMINARY PLAT/ PLANNED UNIT DEVELOPMENT PLAN FOR MILLER'S CROSSROADS WHEREAS, the City has received applications for developing an area known as Miller's Crossroads; 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 Crossroads 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. 2. It must be verified that the proposed right of way dedications are adequate to accommodate the ultimate CSAH 49 roadway improvements prior to City Council approval. 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. 4. The central open space shall be constructed and maintained as a private recreation area. The City will give park dedication credit of $45,000 for the cost of the site furnishings, play equipment, installation thereof, impact attenuating materials, and drainage materials. The City will give credit for the cost of sidewalks /trails ($59,600) less the cost of the trails within the private recreation area, which cost shall be determined. The homeowner association by laws must include a funding mechanism to ensure that the private recreation facilities for which the City grants a credit toward park dedication shall be remain and be maintained as a recreation facility. 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, including an EIFS sign band. 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. 8. 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. The project's 152 residential units shall be developed in accordance with the following phasing plan: year 2003 2004 2005 2006 number of units to 22 47 51 32 be final platted blocks (on 1, 6, 2 - 5 13 - 23, preliminary plat) 11, 26 7 - 10 22 24, 25, 27 Resolution 03 -142, page 2 15. 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 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. c. 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. 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. 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. 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 Jaffray 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 From: Jeremy M. Gorden Date: 8 -07 -03 Comm. No. 12701 -002 Routing: 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 boundary, Birch Street serving as its northern boundary, and Ware Road as its eastern boundary. The • 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. 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. • TKDA eNGINEERS • ARCHITECTS -PLANNERS MEMORANDUM To: Copies To: James Studenski, City Engineer From: Scott A. Brink, P.E. Date: July 24, 2003 1500 Piper Jaffray 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, Minnesota Comm. No. Routing: 12701 -002 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. 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 corner 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 Intel-tee, 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 Hills), 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 Hills 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. • ro 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 Geoteclmical 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.lino- lakes.mn.us August 5, 2003 TO: Jeff Smyser, City Planner FROM: Rick DeGardnCier, 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 Qty Unit Cost Total 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 Description 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. Furnishings or equipment of equal quality may be substituted with approval of the City of Lino Lakes. Site Furnishings 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 To: Michael Grochala From: Marty Asleson CC: Jeff Smyser Date: February 3, 2003 Re: Environmental Board Recommendations /January 29, 2003 Bruggeman Properties The Environmental Board Recommended on January 29, 2003 that the proposed Bruggeman - Properties Development be denied, because: 1. The lack of input from 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 ground water pollution. The Environmental Board made the following 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. 3. 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. The surface water plan must be evaluated to determine environmental impacts. 6. That any proposed lighting canopy is designed with recessed lights and with no fascia lighting. 7. That parking be reduced to City minimum standards. Motion by Snyder, second by Grundhoffer. Ail approved. Living Waters Lutheran Church The Environmental Board Recommended on January 29, 2003 that the proposed Living Waters Lutheran Church Addition be approved with the following comments: 1. There 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 into the ground. 8. Any new lighting should follow lighting guidelines in the new Draft Zoning Ordinance. 4. Sugar maples in the plan should be changed to Red maple or Oaks. Motion to approve by Halen, Second by Donlin. All approved. • /// • Memorandum To: Michael Grochalla 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: ;hnan Development nt 3 shows the Lake Protection areas, Zone 1 and 2 Protection skirface water flow patterns, and High Priority Protection areas. This site is in a Lake Protection Zone. Existing agricultural drainage gls water for the most part to Baldwin Lake. A small area on the SE OTrier 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 February 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 "S ", 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 vegetation for this area is depicted on Exhibit 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 is very important on this site. Existing and proposed water conveyance systems indicate a direct connection to Baldwin Lake by the ditch. Since this is in a lake protection area, the developer should show creativity in attenuating volume and quality issues. Post development should try to lower volumes, maintain required rates, and reducing nutrient loads. 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 less. • 2 • • February 4, 2003 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 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 an the site. Any intention to import soils, must have the approval of the City, and be submitted to RCWD for review of surface water infiltration rate changes Living Waters 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 remaining 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 parading and drainage areas. All proposed sod areas should have at least 4 inches of topsoil tilled thoroughly into the subsoil as deep as possible. A detailed landscape plan 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 maple 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. 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Miller's Crossroads Sign Plan Hodgson Road and Birch Street Lino Lakes, MN �11�~ • i1iii!'1'hb. t Alta_ -- ifllll111!IlLIi._ alfin111111HjII!►,. ..r11111111nlI1=sitaiiAIlbu. 1iffill 1/iR1111111 hilalHlilliiik, 11 f it N r tJ Y ■ Iii1 1811111(' NI'Ir�1►1I,:1171111l1�l�itts ls �'f 1111111111111116 l m11 ill! inl a: -1- siva ' n • 2. Sign Materials EIFS Sign Band Channel Sign A UG 9 2003 1CTYOF :1'N;Oi.s. I 1• ■1.11 1• •A1>111.1111111111111.11.1f•11111 • 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 HOD9soN ROAD II ESL TEA Vim 111•1111111111111 MIPPOMIliji)" ����6f•��M - --- f•6f•��s•6f•6•� 66f• sidnumimmorimari MEM / -7 d'Zek WARE ROAD 132161 600•a036 E -- morium mIII1 1l1111101111111111111 1111111111111111110111111, IIIIII111iIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIl11l11111111lllliilll IIII1 I1FIIIII IIIIIIII IIIIIIIIIIIIIII1IIIIIIIIIIIIII IIIIII IIIIIIIII IIIIIIIIIIIIIIIIIIIIII1lI 111:14�ii,»u,H;i„ii,i„ iii, uii:, iiuu„ iu, iiu„ u, u, i,»iiuiia,iu»»,i„�,a„i,u„i,t„a� rtil!'! !!!!!! 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MN % fi�� ssff �� R111 11 F SITE PLAN11P;111 SITE STATISTICS 1POHTFOLIO SION SERVICES INC ARCHITECTS 79M R VILLLLEE WJ91:41ENIE , (651/0.31-1300 CrttOIlocoml m O]mm rORIWLIo PES $ BERVICEq K 0111 NNE w 0 -i x m 1 m —1 0 Z • • 1 ii a I9 la rig 41 41 � i NOLLVA313 1SV3 I E NOIiVA313 1S3M r 111111111 1111111111 NOIiVA313 H.HON LL CPI 0 0 13SORTFOLIO SION SERVICES INC ARCHITECTS 23432 202" ss LLG 9 1AV EWE <6911 631-13320 • FAX( 661) 631-1500 arvollo.con r- k..� 1 Lino Lakes Development PMi �9�y A HODGSON RD. & BIRCH ST. 1 "Ell 'J 7 NI j LINO LAKES, NN AC g i c�a66l�e{1 C EXTERIOR ELEVATIONS i >s sari& 13SORTFOLIO SION SERVICES INC ARCHITECTS 23432 202" ss LLG 9 1AV EWE <6911 631-13320 • FAX( 661) 631-1500 arvollo.con NEW PROPOSED REAR ELEVATION icnM 21d 03SOdOLId M3N NOLL VA313 IN co r rn KNZ� 111111¢i.1riI. zzP0 I 1 i i` 1 1oM o i ¢ �° e co N 0 rrl o - 1 H =o W - o (A .— 03S0dOLId IVNIDI O 0 2 1 1 r 0 z z MOM. 1 = =1.1 S II III II 11 \ \ �III o 111111 I� li 11111111 • • F cc > Z C) Z m -ID 0=z Oro 1ZZu NNz rm ULN T1 -1 0 0 0 Z U r Z Mir '4 N r. 1:41 I it iv 0 n A P1113 Ri se i . . ra l ' , 1 a r,. 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The following text should replace the text in the report: Page 12, Park Dedication: As noted in the attached memo from the Public Services Director, the Park Board recommends 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." According to the ordinance, park dedication would be calculated as follows: 152 units x $1665 = $253,080, less any credit for specific items 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 area, since it is not designed to accommodate public use and would not function well as a public park. The P & Z recommended it be a public park. Staff concurs with the Park Board's recommendation on this. It will be up to the developer whether or not to construct any facilities within the central open area. Staff recommends that the park dedication be cash except that credit be given for the construction of trails /sidewalks along the public roadways. 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. • Resolution 03 -142 (Plat Approval), Condition #4: • 14. Park dedication shall be calculated at $1665 per dwelling unit with credit for the cost of sidewalks /trails along the public roadways. These trails shall be constructed by the developer. The central common area shall be maintained as private open space. • Revision To Ware Road Units The attached drawings are those shown at the work session showing options for the units along Ware Rd. The options, in color, are overlaid on the original plat in the report. (The original lines of the uncolored plat show through.) If they don't show up on your screen, please switch to "Page Layout" under the "View" menu. It might also be helpful to print them if you have a color printer. The three options include a three -unit structure (row townhomes), two -unit structure (twin homes), and a one -unit structure (detached townhomes). Each option includes twelve units, one less than on the original plat. All options are one- level units. Of interest is comparing the open areas between the units. By Monday's meeting, we should have data comparing impervious surface areas of these options. The applicant prefers the three -unit option. One reason is that there is more space between structures. • ROW TOWNHOMES • • 0 CC a 0 0 leans gain • TWIN HOMES • • 0 0 CC leans uaqg Scale: 1' =100' • DETACHED TOWNHOMES • • iaanSyaiig • AGENDA ITEM 7E STAFF ORIGINATOR: Mary Alice Divine DATE: 9/22/03 TOPIC: Resolution No. 03 -155 calling for a public hearing to Modify Development District No. 1 and Establish Redevelopment Tax Increment Financing District No. 1 -11 BACKGROUND: Hartford Group, Inc., is proposing to act as master developers of Woods Edge (formerly known as the Village), a mixed -use town center project on the southeast quadrant of 35W and Lake Drive. The land is zoned Limited Business and is designated for mixed use in the Comprehensive Plan. It is anticipated that development of this project will justify some public expenditure. The project has not developed solely through private efforts and will require public participation to develop in a manner consistent with the city's goals The project area consists of approximately 30 acres of privately owned land (the Tagg site) and approximately 11 acres of city -owned land. It is being proposed that the Tagg site and the bridge portion of Lake Drive be established as a 25- year redevelopment TIF district (see attached map) to provide a source of revenue for the Woods Edge project as well as improvements that will be necessary to Lake Drive and the 35W bridge. Establishment of the district does not constitute any commitment by the city to provide TIF. Earlier tonight, the Lino Lakes Economic Development Authority (EDA) considered preparation of a modified Plan for Development District No. 1 and creation of Redevelopment Tax Increment Financing District No. 1 -11. This resolution calls for a public hearing on the matter to be scheduled on November 24, 2003. Once the plan is prepared, Anoka County and Centennial School District will be sent a copy of the draft plan for review. The Planning & Zoning board will also review the draft plan for its consistency with the city's Comprehensive Plan. OPTION 1. Adopt Resolution No. 03 -155 calling for the public hearing. 2. Return to staff for further consideration RECOMMENDATION: Option 1 • CITY OF LINO LAKES RESOLUTION NO. 03 -155 RESOLUTION CALLING FOR PUBLIC HEARING TO MODIFY DEVELOPMENT DISTRICT NO. 1 AND TO ESTABLISH TAX INCREMENT FINANCING DISTRICT NO. 1 -11 WHEREAS, the Lino Lakes Economic Development Authority (the "EDA ") intends to modify the program (The "Program ") for Development District No. 1 (the "District "), and to establish Tax Increment Financing District No. 1 -11 ( "TIF District No. 1 -11 ") within the District; and WHEREAS, Minnesota Statutes, sections 469.174 through 469.179 (the "TIF Act ") and sections 469.124 through 469.134 (the "City Development District Act ") requires that III the city council of the City of Lino Lakes (the "City ") hold a public hearing on the modification of the Program and the adoption of a Tax Increment Financing Plan ( "TIF District No. 1 -11 Plan ") for TIF District No. 1 -11, following approval thereof by the EDA. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota as follows: 1. Springsted Inc. is authorized and directed to prepare a notice for publication in the official newspaper setting a public hearing before the city council to consider this matter on Monday, November 24, 2003 at 6:30 p.m. in the council chambers at city hall. The notice shall be published in the newspaper at least 10 but not more than 30 days prior to the public hearing. 2. Springsted Inc. is hereby authorized and directed to notify Independent School District No. 12 and Anoka County at least 30 days prior to the public hearing and to invite their comments and on the modification of the Program and the establishment of TIF District No. 1 -11. 3. The city staff and consultants are authorized and directed to take any and all • other actions necessary to bring this matter before the city council at the time of the public hearing. • • Dated: September 22, 2003 ATTEST: Ann Blair, City Clerk John J. Bergeson, Mayor cc 1— z 0 — TRUNK— HIGHWAY NO. 49 DV SrIVAL II 12 UD • 10 14 7 • 11 12 AKES 8 pL A C O. L. A • STAFF ORIGINATOR: C. C. MEETING DATE: TOPIC: AGENDA ITEM 7 F Jeff Smyser September 22, 2003 First Reading, Ordinance 21 -03 Amending Zoning Ordinance to Include Personal Services as Permitted Uses in the GB General Business Zoning District and Amending the Definition of Personal Services VOTE REQUIRED: 3/5 BACKGROUND The major revisions to the zoning ordinance included amending and reorganizing the uses allowed in each of the zoning districts. In the business districts, the uses now are more generalized than before. The previous lists were very specific, which created a problem for uses that were not listed but were common activities in commercial areas. We discovered an oversight that should be corrected. Both the Neighborhood Business and Limited Business districts specifically list "personal services" as permitted uses. The General Business district does not. (See attached permitted uses lists from those districts.) In the definitions, Section 1, Subd. 2.B., the ordinance says: Personal Service. Personal services shall include the following: barber shops, beauty salon, electrolysis, manicurist, tanning parlor, physical therapy, therapeutic massage, and tattooing. All three districts include sortie type of "service business ", a generalized category. However, since "personal services" are listed separately in two districts as well, there is a distinction. Personal services should be included in the GB district as well. The GB district is the most intense commercial zoning district. If personal service businesses are acceptable in the less intense districts, they should be allowed in GB as well. The proposed amendment would add "Personal Services" to Section 7, Subdivision 3.F., the list of permitted uses in the GB district.. With approval of the first reading by the City Council, the second reading would occur on October 13. It would be published the next week on October 21, with an effective date 30 days later. • Personal Services page 2 PLANNING & ZONING BOARD The P & Z held a public hearing on the amendment at the September 10 meeting and recommended approval. The Board also recommended amending the definition of personal services to include "body piercing because it is comparable to other personal services and often is offered in such establishments. The P & Z believed that the clarification would avoid confusion. This recommendation is included in the ordinance. OPTIONS 1. Approve the first reading of Ordinance No. 21 -03 amending the zoning ordinance to include personal services as permitted uses in the GB zoning district and amending the definition of personal services. 2. Deny proposed amendment of zoning ordinance. 3. Return to staff with direction. RECOMMENDATION Option 1 CITY OF LINO LAKES ORDINANCE NO. 21-03 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF LINO LAKES BY ADDING PERSONAL SERVICES AS A PERMITTED USE IN THE GB GENERAL BUSINESS DISTRICT AND AMENDING THE DEFINITION OF PERSONAL SERVICES The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: Section 1: Findings The City Council makes the following findings: 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. Including personal services in the GB zoning district is consistent with the following policies in the Comprehensive Plan: Promote a full and broad range of office, service, retailing, dining, and entertainment uses within the commercial areas of Lino Lakes that address the needs of the residents. Attract new businesses to Lino Lakes that are complementary to existing businesses, and will contribute to the customer attraction and business interchange of the local commercial areas. Pursue retail and service providers that would complement the existing commercial land uses and/or contribute to the accumulative attraction of Lino Lakes' commercial areas. 2. Personal service uses will be compatible with other land uses listed in the GB zone. 3. Personal service uses will be subject to all performance standards contained in the zoning ordinance and other requirements. 4. Personal service uses typically can be accommodated with the same public services as other GB uses. 5. Traffic generated by personal service uses typically can be accommodated with the same public streets as other GB uses. • Section 2 A. 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 adding personal services to Section 7, Subdivision 3.F., the list of permitted uses in the GB General Business zoning district. B. The Zoning Ordinance is hereby further amended by amending the definition of personal services, in Section 1, Subd. 2.B., so it reads: Personal Service. Personal services shall include the following: barber shops, beauty salon, electrolysis, manicurist, tanning parlor, physical therapy, therapeutic massage, tattooing, and body piercing. 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 21 -03, page 2 AGENDA ITEM 7G • STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: September 22, 2003 TOPIC: Resolution No. 03 -156, Accepting Feasibility Report and Calling for a Public Hearing, 2004 -2005 Street Improvement Project VOTE REQUIRED: Simple Majority BACKGROUND: The City of Lino Lakes currently has 99 miles of local streets that need to be maintained. In 1996, the city established a pavement management program to more efficiently monitor and allocate resources for ongoing maintenance of streets. The program, updated annually, includes condition ratings of each street to help prioritize rehabilitation and /or reconstruction of roadways in the city. As the City of Lino Lakes ages, the need for reconstruction of local streets is becoming a larger priority than it has in the past. Streets that are in poor condition or have storm drainage problems substantially increase city maintenance costs. The 2004 -2005 Street Improvement project will be funded by a combination of special assessments and general tax levies. The feasibility study, ordered by the City Council, has been completed. The next step in the process will be to accept the feasibility study and hold a Public Hearing on the proposed improvements. OPTIONS: 1. Return to staff for further review. 2. Adopt Resolution No. 03 -156, Accepting the Feasibility Report and Calling for a Public Hearing for the 2004 -2005 Street Improvement project. RECOMMENDATION: Option No. 2 - Staff recommends that Resolution No. 03 -156 be adopted. • • • CITY OF LINO LAKES RESOLUTION NO. 03 -156 RESOLUTION ACCEPTING FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING — 2004 -2005 STREET IMPROVEMENT PROJECT WHEREAS, pursuant to resolutions of the Council adopted May 14, 2001, a study has been prepared by the City Engineer, with reference to 2004 -2005 Street Improvement project by constructing street and storm sewer, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost - effective, and feasible, WHEREAS, the City proposes to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota States, Chapter 429, and Chapter 8 of the Lino Lakes City Charter. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The City Engineer is designated as the engineer for this improvement and he is directed to call for a public hearing for the 2004 -2005 Street Improvement project. Adopted by the Lino Lakes City Council this 22nd day of September, 2003. Ann Blair, City Clerk John J. Bergeson, Mayor AGENDA ITEM 7H STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: September 22, 2003 TOPIC: Resolution No. 03 -157, Approving Final Payment for Main Street Trunk Utilities project VOTE REQUIRED: 3/5 Vote Required BACKGROUND: The contractor for the Main Street Trunk Utilities Project, S.J. Louis Construction, Inc. is requesting City approval of Payment No. 5 (final) in the amount of $5,218.10. A copy of the final payment is attached. The contractor has completed all work and has provided all necessary documentation. Anoka County has approved all the project work. The original contract amount was $424,899.00 and the final contract amount is • $363,625.25. The total for the project was $98,304.25 under the Engineer's estimate of $461,929.50. Approval of the final payment will begin the one -year warranty period. OPTIONS: 1. Return to staff for further review. 2. Approve Resolution 03 -157 Approving Payment No. 5(final) for the Main Street Trunk Utilities Project. RECOMMENDATION: Option No. 2 - Staff recommends that Resolution 03 -157 be approved. • CITY OF LINO LAKES RESOLUTION NO. 03- 157 RESOLUTION APPROVING PAYMENT NO. 5 (FINAL) FOR THE MAIN STREET TRUNK UTILITIES PROJECT WHEREAS, the construction of the Main Street Trunk Utilities Project has been completed by S.J. Louis Construction, Inc. and; WHEREAS, the one -year warranty period for this project will begin with the final payment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: Payment number 5 (final) in the amount of $5,218.10 is approved for a total contract amount of $363,625.25. Adopted by the City Council this 22nd day of September, 2003. Ann J. Blair, City Clerk John J. Bergeson, Mayor TKDA iiNGINEERS • ARCHITECTS • PLANNERS 1500 Piper defray Plaza 444 Cedar Street Saint Paul, MN 55101 -2140 (651) 292 -4400 (651) 292 -0083 Fax www.tkda.com Comm. No. 12100 -02 Cert. No. g Final St. Paul, MN, August 20 , 20 03 To City of Lino Lakes, Minnesota This Certifies that S.J. Louis Construction, Inc. For Main Street Trunk Utility Improvements Is entitled to being 5th Owner , Contractor Five Thousand Two Hundred Eighteen Dollars and 10 /100 Final estimate for paEtial payment on contract with you dated Received payment in full of above Certificate. TKDA S. Louis Construction, Inc. Y , 20 �° Scott A. Brink, ' E. ($ 5,218.10 ) November 13 , 2000 RECAPITULATION OF ACCOUNT An Employee Owned Company Promoting Affirmative Action and Equal Opportunity CONTRACT PLUS EXTRAS PAYMENTS CREDITS Contract price plus extras $ 424,899.00 All previous payments $ 358,407.15 All previous credits Extra No. Change Order No. 1 $ (61,273.75) „ II „ „ „ „ Credit No. $ - 11 1, 1, 11 „ „ „ AMOUNT OF THIS CERTIFICATE $ 5,218.10 Totals $ 363,625.25 $ 363,625.25 $ - Credit Balance There will remain unpaid on contract after ' payment of this Certificate $ - �I $ 363,625.25 ( $ 363,625.25 0 $ - An Employee Owned Company Promoting Affirmative Action and Equal Opportunity • TKDA Engineers - Architects - Planners Saint Paul, Minnesota 55101 PERIODICAL ESTIMATE FOR PARTIAL PAYMENTS Estimate No. 5 Final Period Ending August 20 , 20 03 Page 1 of 1 Comm. No. 12100 -02 Contractor S. J. Louis Construction, Inc. Original Contract Amount $424,899.00 Project Main Street Trunk Utility Improvements Location City of Lino Lakes Minnesota Total Contract Work Completed Total Approved Credits Total Approved Extra Work Completed Approved Extra Orders Amount Completed Total Amount Earned This Estimate $ 363,625.25 $ 0.00 0.00 $ 0.00 $ 363,625.25 Less Approved Credits $ 0.00 Less 0 % Retained $ 0.00 Less Previous Payments $ 358,407.15 Total Deductions $ 358,407.15 Amount Due This Estimate $ 5,218.10 Date ,517.4,7 2 2420- 3 Date August 20, 2003 ESTIMATE NO. 5 FINAL PERIOD ENDING AUGUST 20, 2003 MAIN STREET TRUNK UTILITY IMPROVEMENTS k OF LINO LAKES, MINNESOTA MISSION NO. 12100 -02 EM CONTRACT QUANTITY UNIT AMOUNT % NET TOTAL NO. DESCRIPTION QUANTITY UNIT TO DATE PRICE TO DATE DIFFERENCE CHANGE AMOUNT SANITARY SEWER 1 MOBILIZATION 1.0 LS 1.00 $ 15,189.75 $ 15,189.75 $ - $ - $ 15,189.75 2 REMOVE 21" SANITARY SEWER PIPE 30.0 LF 30.00 $ 15.00 $ 450.00 $ - $ - $ 450.00 3 CONNECT TO EXISTING SANITARY SEWER MH 1.0 EA 1.00 $ 440.00 $ 440.00 $ - $ - $ 440.00 4 JACK/AUGER 12' STEEL CASING PIPE 120.0 LF 120.00 $ 124.00 $ 14,880.00 $ - $ - $ 14,880.00 5 JACK/AUGER 18' STEEL CASING PIPE 64.0 LF 64.00 $ 148.00 $ 9,472.00 $ - $ - $ 9,472.00 6 8' PVC, SDR 35 SAN. SEW. (10' -12' DEEP) 56.0 LF 60.00 _$ 31.00 $ 1,860.00 $ 4.00 $ 124.00 $ 1,736.00 7 8' PVC, SDR 35 SAN. SEW. (12' -14' DEEP) 0.0 LF 0.00 $ 31.00 $ - $ - $ - $ 8 8" PVC, SDR 35 SAN. SEW. (14'46' DEEP) 0.0 LF 39.00 $ 31.00 $ 1,209.00 $ 39.00 $ 1,209.00 $ - 9 8' PVC, SDR 35 SAN. SEW. (16' -18' DEEP) 35.0 LF 0.00 $ 31.00 $ - $ (35.00) $ (1,085.00) $ 1,085.00 10 8" PVC, SDR 35 SAN. SEW. THROUGH CASING 64.0 LF 64.00 $ 2.00 $ 128.00 $ - $ - $ 128.00 11 21" PVC, SDR 26 SAN. SEW. (10' -12' DEEP) 300.0 LF 229.00 $ 50.00 $ 11,450.00 $ (71.00) $ (3,550.00) $ 15,000.00 12 21" PVC, SDR 26 SAN. SEW. (17 -14' DEEP) 370.0 LF 450.00 $ 50.00 $ 22,500.00 $ 80.00 $ 4,000.00 $ 18,500.00 13 21" PVC, SDR 26 SAN. SEW. (14' -16' DEEP) 775.0 LF 744.00 $ 50.00 $ 37,200.00 $ (31.00) $ (1,550.00) $ 38,750.00 14 21" PVC, SDR 26 SAN. SEW. (16' -18' DEEP) 246.0 LF 277.00 $ 50.00 $ 13,850.00 $ 31.00 $ 1,550.00 $ 12,300.00 15 CONSTRUCT 4' DIA. MANHOLE TYPE 301(10' DEPTH) 5.0 EA 5.00 $ 1,800.00 $ 9,000.00 $ - $ - $ 9,000.00 16 EXTRA DEPTH OF 4' DIA. MH 20.9 LF 21.50 $ 90.00 $ 1,935.00 $ 0.80 $ 54.00 $ 1,881.00 17 4" ON 21" PVC, SDR26 WYE BRANCH 5.0 EA 5.00 $ 440.00 $ 2,200.00 $ - $ - $ 2,200.00 18 4' PVC, SCH40 SERVICE PIPE 123.0 LF 167.00 $ 12.00 $ 2,004.00 $ 44.00 $ 528.00 $ 1,476.00 19 4" PVC, SCH40 SERVICE PIPE THROUGH CASING 120.0 LF 120.00 $ 1.20 $ 144.00 $ - $ - $ 144.00 20 4" PVC, SCH40 SERVICE CLEANOUT 5.0 EA 2.00 $ 250.00 $ 500.00 $ (3.00) $ (180.00) $ (750.001 $ (1.80) $ 1,250.00 $ 1.80 21 TRENCH STABILIZATION ROCK 180.0 CY 0.00 $ 0.01 $ - 22 TELEVISE SANITARY SEWER MAINS 1930.0 LF 1685.00 $ 0.58 $ 977.30 $ (245.00) $ (142.10) $ 1,119.40 SUBTOTAL SANITARY SEWER $ 145,389.05 $ 388.10 $ 145,002.95 WATERMAIN 1 CONNECT TO EXIST.12"DIP WATERMAIN 1.0 EA 1.00 $ 300.00 $ 300.00 $ - $ - $ 300.00 2 JACK/AUGER 18' STEEL CASING 122.0 LF 122.00 $ 148.00 $ 18,056.00 $ - $ - $ 18,058.00 3 6"DIP CLASS 52 WATERMAIN 27.0 LF 33.00 $ 21.00 $ 693.00 $ 6.00 $ 128.00 $ 567.00 4 8 "DIP CLASS 52 WATERMAIN 118.0 LF 120.00 $ 24.00 $ 2,880,00 $ 2.00 $ 48.00 $ 2,832.00 5 8 "DIP CLASS 52 WATERMAIN THROUGH CASING 122.0 LF 122.00 $ 10.00 $ 1,220.00 $ - $ - $ 1,220.00 6 12 "DIP CLASS 52 WATERMAIN 1665.0 LF 1720.00 $ 24.00 $ 41,280.00 $ 55.00 $ 1,320.00 $ 39,960.00 7 6" RES. SEAT GATE VALVE AND BOX 3.0 EA 3.00 $ 480.00 $ 1,440.00 $ - $ - $ 1,440.00 8 8" RES. SEAT GATE VALVE AND BOX 4.0 EA 4.00 $ 650.00 $ 2,600.00 $ - $ - $ 2,600.00 12" BUTTERFLY VALVE AND BOX 1.0 EA 1.00 $ 840.00 $ 840.00 $ $ $ 840.00 6' HYDRANT (8'-6* BURY) 3.0 EA 4.00 $ 1,700.00 $ 6,800.00 $ 1.00 $ 1,700.00 $ 5,100.00 1 6" HYDRANT EXTENSION - FURNISH AND INSTALL 1.0 EA 0.00 $ 190.00 $ $ (1,00) $ (190.00) $ 190.00 12 1" TYPE "K" COPPER WATER SERVICE 150.0 LF 129.00 $ 13.00 $ 1,677.00 $ (21.00) $ (273.00) $ 1,950.00 13 1' TYPE "K" COPPER SERVICE THROUGH CASING 120.0 LF 120.00 $ 1.65 $ 198.00 $ - $ - $ 198.00 14 1' CORPORATION STOP 5.0 EA 5.00 $ 16.00 $ 80.00 $ - $ - $ 80.00 15 1" CURB STOP AND BOX 5.0 EA 5.00 $ 59.00 $ 295.00 $ - $ - $ 295.00 16 MJ DIP FITTINGS 1419.0 LB 1044.00 $ 1.95 $ 2,035.80 $ (375.00) $ (731.25) $ 2,767.05 SUBTOTAL WATERMAIN $ 80,394.80 $ 1,999.75 $ 78,395.05 STORM SEWER 1 REMOVE CULVERTS 140.0 LF 95.00 $ 1.00 $ 95.00 $ (45.00) $ (45.00) $ 140.00 2 REMOVE GS APRONS 7.0 EA 4.00 $ 75.00 $ 300.00 $ (3.00) $ (225.00) $ 525.00 3 REMOVE STORM PIPE 0.0 LF 0.00 $ 1.00 $ - $ - $ - $ - 4 15" RCP STORM SEWER 0.0 LF 0.00 $ 25.00 $ - $ - $ - $ - 5 15" CMP CULVERT 85.0 LF 40.00 $ 35.00 $ 1,400.00 $ (45.00) $ (1,575.00) $ 2,975.00 6 30" CMP CULVERT 55.0 LF 40.00 $ 50.00 $ 2,000.00 $ (15.00) $ (750.00) $ 2,750.00 7 15" GS APRONS W/ TRASH GUARDS 5.0 EA 2.00 $ 300.00 $ 600.00 $ (3.00) $ (900.00) $ 1,500.00 8 30" GS APRONS W/ TRASH GUARDS 2.0 EA 2.00 $ 1,200.00 $ 2,400.00 $ - $ - $ 2,400.00 SUBTOTAL STORM SEWER $ 6,795.00 $ (3,495.00) $ 10,290.00 STREETS AND RESTORATION 1 REMOVE BITUMINOUS PAVEMENT 4363.0 SY 4363.00 $ 1.20 $ 5,235.60 $ - $ - $ 5,235.60 2 REMOVE CONCRETE PAVEMENT 18.0 SY 20.60 $ 7.00 $ 144.20 $ 2.60 $ 18.20 $ 126.00 3 REMOVE CONCRETE CURB & GUTTER 357.0 LF 409.00 $ 2.00 $ 818.00 $ 52.00 $ 104.00 $ 714.00 4 AGGREGATE BASE CLASS 5 1330.0 TN 1385.05 $ 11.00 $ 15,235.55 $ 55.05 $ 605.55 $ 14,630.00 5 B618 CONC. CURB & GUTTER 357.0 LF 409.00 $ 14.00 $ 5,726.00 $ 52.00 $ 728.00 $ 4,998.00 8 2350 TYPE LV 2 OR 3 NON WEAR. COURSE 1555.0 TN 1374.00 $ 31.00 $ 42,594.00 $ (181.00) $ (5,611.00) $ 48,205.00 7 2350 TYPE LV 4 WEARING COURSE 465.0 TN 478.33 $ 39.00 $ 18,654.87 $ 13.33 $ 519.87 $ 18,135.00 8 CRS -1 BITUMINOUS MATERIAL FOR TACK 485.0 GA 475.00 $ 1.26 $ 598.50 $ (10.00) $ (12.60) $ 611.10 9 CONCRETE PAVEMENT 35.0 SY 25.00 $ 38.00 $ 950.00 $ (10.00) $ (380.00) $ 1,330.00 10 AGGREGATE BASE CLASS 5 FOR SHOULDERING 150.0 TN 0.00 $ 15.00 $ - $ (150.00) $ (2,250.00) $ 2,250.00 11 SILT FENCE 500.0 LF 410.00 $ 1.52 $ 623.20 $ (90.00) $ (136.80) $ 760.00 12 TOPSOIL BORROW 415.0 CY 400.00 $ 7.62 $ 3,048.00 $ (15.00) $ (114.30) $ 3,162.30 13 SODDING 785.0 SY 3054.00 $ 3.05 $ 9,314.70 $ 2,269.00 $ 6,920.45 $ 2,394.25 14 SEEDING 0.9 AC 1.33 $ 1,300.00 $ 1,729.00 $ 0.43 $ 559.00 $ 1,170.00 15 TRAFFIC CONTROL 1.0 LS 1.00 $ 24,000.00 $ 24,000.00 $ - $ - $ 24,000.00 16 4' BROKEN YELLOW LATEX 2900.0 LF 1669.00 $ 0.04 $ 66.76 $ (1,231.00) $ (49.24) $ 116.00 17 4' SOLID WHITE LATEX 5000.0 LF 4976.00 $ 0.42 $ 2,089.92 $ (24.001 $ (10.08) $ 2,100.00 SUBTOTAL STREETS AND RESTORATION $ 130,828.30 S 891.05 $ 129,937.25 0 SANITARY SEWER $ 145,389.05 $ 386.10 $ 145,002.95 WATERMAIN $ 80,394.80 $ 1,999.75 $ 78,395.05 STORM SEWER $ 6,795.00 $ (3,495.00) $ 10,290.00 STREETS AND RESTORATION $ 130,828.30 $ 891.05 $ 129,937.25 TOTAL ESTIMATE NO. 5 FINAL $ 363,407.15 $ (218.10) $ 363,625.25 Page 1 • • AGENDA ITEM 71 STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: September 22, 2003 TOPIC: Resolution No. 03 -158, Accepting Bids and Awarding Construction Contract, 2003 Surface Water Management project VOTE REQUIRED: Simple Majority BACKGROUND: Sealed bids were received and publicly opened at 10:30 a.m. on September 11, 2003. The results of the bid opening are presented below. City Council action is required to award a construction contract to the lowest responsible bidder. Contractor Amount of Bid Arnt Construction Company, Inc. $242,320.96 Jay Bros, Inc. $247,513.50 BNR Excavating, Inc. $279,630.00 Engineer's Estimate $295,250.00 The low bid is approximately 18% under the Engineer's Estimate for this project. A copy of the complete bid tabulation is attached. The substantial completion date for this project is December 1, 2003, with a final completion date of June 1, 2004. OPTIONS: 1. Return to staff for further review. 2. Adopt Resolution Number 03 -158, Accepting Bids and Awarding a Construction Contract to Arnt Construction Company, Inc. for the 2003 Surface Water Management project. 3. Not adopt Resolution No. 03 -158. RECOMMENDATION: Option No. 2 - Staff recommends that Resolution Number 03 -158 be adopted. • CITY OF LINO LAKES RESOLUTION NO. 03-158 RESOLUTION ACCEPTING BIDS AND AWARDING A CONSTRUCTION CONTRACT — 2003 SURFACE WATER MANAGEMENT PROJECT WHEREAS, pursuant to an advertisement for bids for the construction of 2003 Surface Water Management project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Contractor Amount of Bid Arnt Construction Company, Inc. $242,320.96 Jay Bros, Inc. $247,513.50 BNR Excavating, Inc. $279,630.00 Engineer's Estimate $295,250.00 AND WHEREAS, it appears that Arnt Construction Company, Inc. is the lowest responsible bidder; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 4, LINO LAKES, MINNESOTA: 1 The Mayor and Clerk are hereby authorized and directed to enter into a contract with Arnt Construction Company, Inc., in the name of the City of Lino Lakes for the construction of the 2003 Surface Water Management project according to the plans and specifications approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the Lino Lakes City Council this 22nd day of September 2003. Ann J. Blair, City Clerk • John J. Bergeson, Mayor TKDA ENGINEERS • ARCHITECTS • PLANNERS September 11, 2003 Honorable Mayor and City Council City of Lino Lakes, Minnesota Re: 2003 Surface Water Management Projects City of Lino Lakes, Minnesota TKDA Commission No. 12817 -01 Dear Mayor and City Council: 1500 Piper Jaffrey Plaza 444 Cedar Street Saint Paul, MN 55101 -2140 (651) 292-4400 (651) 292 -0083 Fax www.tkda.com Bids for the referenced project were received on September 11, 2003, with the following results. A complete Tabulation of Bids is enclosed for your information. Contractor Base Bid Arnt Construction Co., Inc. $ 242,320.96 Jay Bros, Inc. $ 247,513.50 BNR Excavating, Inc. $ 279,630.00 Engineer's Estimate $ 295,250.00 Recommendation We recommend that you award the Contract to the lowest bidder, Arnt Construction Co., Inc., for their base bid of $242,320.96. Please do not hesitate to call me with any questions or comments you may have. Sincerely, Scott A. Brink, P.E. Project Manager SAB:art Enclosure An Employee Owned Company Promoting Affirmative Action and Equal Opportunity 69 O 0 Oo00( O O M O 0 O C ONr - O 0 V _ N - 69 O C 0 0 O( _ l N 1 • uu.uu $ 75.00 $ 825.00 0 0 O 11) 0 0 O - 0 0 COm0o000 O OCf)001�(DrNM O Nr 69 69 0 0 O N •r 0 0 0 crr - 0 0 0 O - 0 0 U) N - 69 0 0 0 C() 0 0 - 69 0 0 0 0 O M n co - to O O 0 0 0. 69 0 0 0000 ( tbMhO• CO 69 6A 0 0 O s 69 0 0 0 0 O 0 69 0 0 0 (Of n( r 69 6 $ 4UU.UU $ 1,250.00 ' D q 61 I$ 480.00 0 0 00000( CV CD CV CD 49 69 0 0 It) 6�l�N 0 0 M 69 69 0 0 O CD 0 0 10 1 _ 1 N 69 1 • SOU.UU $ 21,431.00 0 00000010 O OID O M 69 0 0 6n 69 0 to 69 0 1!) 69 0 0 0 O O O N. 69 CO 69 0 0 0 0 r 69 O 00 O O O O N 69 O O Or U) N C- 69 CD CO r - O CD O O O O - O 111 16) 69 O 661 1lO 69 O 00 O V1 r 69 O O CD N 69 O O O O � N 69 O 00000 O CO 69 O . N M 69 O O . . O O O O CO ti 69 69 O C 1 . CO i W� 0) r 69 $ 100.uu $ 6.25 0 O O h 69 $ 4.00 0 000000 M,- - 0 rNr 69 0 O r 69 0 O 69 0 117 69 0 O M 01 69 O 0 O O CO 10 69 O O O O N r - O O O 60 "7. r 69 $ 1,680.00 $ 0.50 $ 200.00 $ 810.00 $ 1.06 U) N r in CD O - $ 20,000.00 $ 4,000.00 $ 23,966.00 $ 1,000.00 $ 1,750.00 $ 1,260.00 O O O O IC) - $ 250.00 $ 52,726.00 $ 1,600.00 $ 1,290.00 O O O «) 0) 1. 69 $ 315.00 $ 735.00 $ 1,735.00 $ 480.00 $ 1,736.00 $ 100.00 0 O O CO CO 69 0 O O N. N 69 $ 800.00 $ 2,700.00 O O O (0 0 - $ 1,800.00 $ 400.00 $ 22,831.00 TKDA COMMISSION NO. 12617 -01 BIDS OPENED: SEPTEMBER 11, 2003, AT 10:30 AM `DENOTES ERROR IN BIDDERS CALCULATION ENGINEER'S ESTIMATE ARNT COI ITEM UNIT TOTAL UNIT No DESCRIPTION QUANTITY UNIT PRICE AMOUNT PRICE 00.00Z' L $ 00'009'9 $ $ 23.20 $ 4.00 $ 0.01 $ 200.00 $ 5.40 $ 1.06 O 0 O 0 O O O 0 0 0 N a 69 69 $ 10.42 $ 500.00 $ 3.50 $ 10.50 O 0 1A d) $ 250.00 I O 0 O 0 CO r 69 O 0 O 0) N r - $ 53.00 $ 315.00 $ 735.00 $ 1,735.00 O CO O 0(00 O on O � 0 69 69 - 0 0 M - $ 3.00 00'8 $ 00'06 $ 00.0Z $ 0 0 <Y - 0 0 O 0 'V 69 0 0 0 o 0 0 000 O O T- r 69 EA o 0 o 0 0 0 (D O N r r 69- 0 0 0 o 0 0 0 O 0 0 0 0 10 O O O h r 0 r M 696961969- O O 0 r N 0 00•000'9L $ 00'000'5 $ $ 57,500.00 $ 6,000.00 $ 2,000.00 $ 2,400.00 ($ 500.00 1 $ 1,000.00 $ 89,400.00 0 0 0 O O 1') 69 0 0 0 O Il) - $ 4,200.00 300.00 $ 800.00 $ 1,700.001 $ 300.00 $ 3,000.00 $ 50.00 0 0 0 CD M - $ 360.00 0 0 0 0 0 0 0 0 0 0010 CD C1) O r r --- $ 1,800.00 $ 2,000.00 $ 21,720.00 0 0 O 0 0 0 0 0 O O r r 69 69 00'£ $ 00.0Z $ 0 0 0 0 0 0 0 0 ,- 000 r O N 0 r r - 69 69 69 0 0 0 0 00 0 0 O O 11) 1f) 69 69 0 0 0 0 0 0 0 0 C() O'er O N 0 N 0 M - 69 69 69 $ 500.00 0 O O 0 O r 69 0 0 O 0 0 M 69 0 O O O Ct) 69 0 o CO N 69 $ 300.00 I I $ 800.00 $ 1,700.00 $ 75.00 $ 15.00 $ 50.00 $ 3.00, 0 0 Ni - 0 0 0 0 0 0 O O T.' N ID r 69 - - 0 0 69 $ 2,000.00 JJU6A CY LS LF LS LS LS CY AC SY LF LS J Ls 1 Q W LF 1 Q Q W W Q W CY CY EA 6A LF TON TON CY (A LS r r 50 420 0 r tOD r 0 1 1 2300 2 500 120 i 1 r r r 150 r r r 4 200 1 120 90 40 30 70 450 r F a> �� gJ WC 1-:E MOBILIZATION CI FAR AND GRUB TREES AND BRUSH Z 0 z~ ;QO ;xo o2Q i C Ip V: SELECT TOPSOIL BORROW (LV) EROSION CONTROL CLEAN EXISTING 12" STORM SEWER PIPE TRAFFIC CONTROL F Ce M CL Q co V) SHENANDOAH AND HAWTHORN MOBILIZATION CLEAR AND GRUB TREES AND BRUSH DITCH EXCAVATION ;SEEDING AND RESTORATION SODDING AND RESTORATION CLEAN CULVERT PIPE EROSION CONTROL TRAFFIC CONTROL SIIBTOTAL SHENANDOAH AND HAWTHORN I I 1 I W 0 k rr Qz C �� �J Q0 CONNECT TO EXISTING STORM CATCH BASIN /MANHOLE 15" RCP STORM SEWER (CLASS 5) 15" RCP L.R. BEND (CLASS 5) (4' LENGTH) 15" RCP F E S WITH TRASH GUARD 48" DIA. STORM MANHOLE. TYPE 409 RIP RAP (CLASS II) STORM POND EXCAVATION SALVAGE AND REINSTALL EXISTING TRAFFIC SIGN REMOVE EXISTING BITUMINOUS PAVEMENT (ALL DEPTHS) SAWCUT EXISTING BITUMINOUS PAVEMENT (ALL DEPTHS) 6" AGGREGATE BASE, CLASS 5 3" BITUMINOUS PAVEMENT (LVWE45030B) SELECT TOPSOIL BORROW (LV) SODDING AND RESTORATION TRAFFIC CONTROL SUBTOTAL LAKE DRIVE AND 77TH STREET I I I I 1 r N M V Cl) CD ti CO r N M V' ID CD t- CO r N M Cr C1) 0 n W 0) Or Tt T- N 01 Tt LO O CD O 2 U a ID Z a M O O op a ag z (.j0 w o 4 00 s . ‘,..) <0,� ,-m < Z N W O LLI 2zr mo rid W m • z Y O w cc W-j ore Z Z W • O 00a M 0 NOI- WN O 0 Z 0 W E P z J 0 Q Z 000 c Q F 0) Z 0 0 [tZU a O 0 0 O O M 69 0 O 0 N M 69 O 0 0 O w O O O O 69 0 N_ w 0 O O O O w 0 O O O 68 0 0 O O O 69 O O O O M 69 O O 0 N 10 0 O O O M N 69 49 O O O O ✓ 10 O 0 O O O N 10 O O O (13 0 O O O 10 0 0 O N I9 O O O r M 69 O O O O M w cri Csi to Ca tri CD to O O 0 0 O c) O O M w O O O O M w O O w O O w O O O O O w O O C9 O O O O LC) 69 O O O O M O O O b9 O O O O N w O O O O w O O O O N 69 O O O w O O 0 M w O O N w O O F- M w csi ci CD O O f` O w 0 O O O co EA O O O 69 O O O w O O O 111 u> O O O N O O O O '3 O O O N w O O O N w O O V' w O O O N w O O ti (A O O O w O O O w O O V' N 69 O O O) O Cel w O O O O co w O O M co CO CD Eci ci ci 69 0 LO CD- ca O 10 10 10 O CD w 0 O 0 O 10 O O T. 0 69 00 0 0 69 0 O N 69 0 O 0 0 N 69 O 0 0 N w O 69 O 0 0 O N w O 0 0 O w O O 0 0 r 69 O 0 0 69 0 O v 69 00 0 0 M 69 0 0 0 69 Ca CA CID co CO DESCRIPTION O O O O O N w O O O O Ip N 69 O O O O N '9 O O O O O w O O O O '9 O O O O N 69 O O O O CO w O O M 69 O O O O N w O O O 07 69 O O O O O 69 O O O In N w O O O O O 69 O O 0 O 0 w O O co M w O O O O Ib E9 0 O O N 69 O O O O O Eft CD cv LCD LO LO ca Cei EA CO csi CD CD CO LO Fe- O 0 O O N w O 0 CO N 10 O 0 O O 69 0 O Iri te O 0 Lri N 69 O O O N O 0 0 N 10 O O 0 O w O 0 0 O N 10 0 0 0 N 10 0 O 0 O O 69 O O 0 O O M 0 O 0 O O 64 0 O Iri w 0 0 o co 69 O O 0 O N (6 O O 0 O co 69 tri ui CD oi CD CD ca J LL J LL J >- 0 0) -J z 0 H 0 Q J LL J 1/) -J CO -J U J LL J LL J 0 0 0 LL -J 0 co 0 W OZ O O O 0 O O O M O V V' N O n N Cel LO ►- W W 1- (/) 0 cc m O J 0 z 0 O 10 N Q J 0 W U W a ET. 4 W W 0 a U u) 0) W N J J Q X W J U 0 Z H N W O W W cc z O Q 0 W m U F- W 0 U 0 W CO w Q 0 W cc 0 Q re F Z 0 U Z 0 N 0 cc W W W 0 U 6 0 J O 1- z Z 0 U 0 LL LL J 0 0 x U 0 0 0 0 4 fn Z 0 O N LL' m N W W 1- f- m 7 X 0 0 z 6 cc W J U W cc 0 0 Z N W O 2 W 2 F- 0 Z W -J v I[) U 0 z W [0 CC 0 J a N U) 5 0 0 Q 0 x x H N I a ce 0 ce CD 0 0 CL -J 0 0 0 0 -J 0 0 LL 0 0 0 2 0 0 CC cc CC CL 0 Lu a. 0 0 0 cc cc 0 co 0 0 0 0 0 0 CC 0 N O O ti W O) O N M V' O O re- CO CO OD o 0 004) 0 O M o 0 41 0 0 h W 0 0 o yr 500.00 150.00 50.00 0 0 vi CO n Oi 0 0 o O 4) N 2,250.00 500.00 2,200.00 300.00 o 0 0 41 r 150.00 I 1 00'050`8 O O 0 0 00 0 0 4) 4) si 330.00 8,730.00 0 0 0 O I. N 1,820.00 I 900.00 O 0 00 0 V O 0 0 O) 0 0 000 O 4) 4. 0 0 O 0 N 0 0 41 r 150.00 0 0 O 0 41 r 0 0 00 10 of N 69 69 69 69 69 N 69 69 69 69 69 63 69 69 69 69 69 69 w 0 41 000 o O o 0 0 000 O N 0 0 0 0 0 0 0 0 41 0 0 00 0 M 750 9 5 00 41 4)) o r 1f1 0 n N 45 500 5 Or 150 150 4,500 500 6 242 1,350 9L OL 4 3 15 125 .- 0 0 41 r E9 69 V) 6l) 69 69 CA fA 69 69 69 69 69 O O 0 0 0 0 0 0 0 0 O O O O 0 0 0 O O O O 0 O 0 0 0 O O O 0 O 0 0 O O 0 O O O O O O O O O O O O O O O 3,4E 1,20 4,34 9E 25 3C 10,51 O (■ N CO O O r N O r r N CD CO 0 0 r r N (D 1- 2,40 1,00 88 15,12 4,20 3,12 1,44 90 2,70 6,60 1,80 0 (D 0 N 0 M 41,26 69 (» 69 69 f) 69 V) 69 69 w 69 CO 09 69 CO 69 (H 00000 0 00 00 0 0000 00 0 00(DO OOO N 0 O 00 O 4) 00 OO 00000 OOO Oi Oi CD C) O (D O O CO 0 r N M r 2,5C 3C 0 N 2 1,20 1 00 2,40 1,00 1 42 0 NE r N 2 9 20 0 (7 69 69 69 (A 69 69 EA CO 6A 69 69 69 6A 69 69 CA O O O O 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O 0 O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 16 2,00 8,00 10,00 1,60 30 30 50 O r N 0 000(0 r 0 0 O r r r 45 O O NrM 10 6) 5,00 40 1,37 6,48 8,00 2,08 90 30 7,50 O O O 00NM4)O CD r O O M CO M 69 (9 69 69 69 69 69 69 69 69 w 69 69 69 69 69 69 69 69 69 O O o O o 0 0 0 o O 0 0 0 0 0 ENGINEI UNIT PRICE 2,000.0 8,000.0 20.0 20.0 3,000.0 300.0 500.0 0 O 0 r 0 0 0 O 0 [t N 0 r 0 4) r 200.0 100.0 5,000.0 400.0 25.0 180.0 0.9Z 0.£ 0'9L 0'09 0.000`, 20.0 50.0 2.01 300.0 0'009`£ (A CO 69 CO 6A CO 69 69 69 CO CO 69 CO 69 69 JJUJ AC LS LS LS CY LS SY CY LS LS LS LS LF LF EA CY CY CY CY CY TON SY LS I LS 1 1 500 80 p r r r 50 1 400 0 r r 55 36 2 26 12 100 300 300 20 100 .— r RICE LAKE SCHOOL MOBILIZATION CLEAR AND GRUB TREES/BRUSH DITCH EXCAVATION CLEAN EXISTING STORM PIPE SEEDING AND RESTORATION EROSION CONTROL TRAFFIC CONTROL SUBTOTAL RICE LAKE SCHOOL 2ND AVENUE (AT ULMER DRIVE) MOBILIZATION SEDIMENT EXCAVATION CLEAR AND GRUB TREES /BRUSH ,SODDING AND RESTORATION !SELECT TOPSOIL BORROW (LV) EROSION CONTROL TRAFFIC CONTROL !SUBTOTAL 2ND AVENUE (AT ULMER DRIVE) BALDWIN LAKE ROAD - NORTH OF ASH STREET MOBILIZATION CLEAR AND GRUB TREES /BRUSH REMOVE EXISTING 60" CMP CULVERT 60" RCP STORM SEWER (CLASS 2) 60" RCP F.E.S. (CLASS 2) RIP RAP (CLASS III) RIP RAP (CLASS II) REMOVE BITUMINOUS PAVEMENT (ALL DEPTHS) COMMON EXCAVATION (STREET & CULVERT) AGGREGATE BASE (CLASS 5) (STREET & CULVERT) (CV) 3" BITUMINOUS PAVEMENT (LVWE45030B) SEEDING AND RESTORATION EROSION CONTROL TRAFFIC CONTROL SUBTOTAL BALDWIN LAKE ROAD - NORTH OF ASH STREE r N co V 4) CD ti r N M t 41 CO ti r N CO 4 41 (O h 00 CD O y- 1- co <} 0 0 o OMONNO Oo 69 0 0 «7 N 69 0 0 0 roWO.- 69 0 0 O O 69 0 0 In 99 0 0 0 O r 69 0 0 00000 to E» 0 0 OMOON LO. .- 69 0 0 MOM1�7 19 0 0 M M 0 0 69 0 0 tD h N W 0 0 0 0CDtn Or A- 69 0 0 0 N (0d 0 0 01-0 V 99 0 0 0 0 t` 0 1n 69 En 0 0 . N CO 1- 4 W 0 0 019 0 OMNhref .- 69 0 0 () 10 0 0 0 0 0 0 NN.�1n N 69 0 0 0 0 O N V di 60 $ 247,513.50I I KUH I.VMMIJJIVIV INV. ILO 11 -V 1 ENGINEERS • ARCF BIDS OPENED: SEPTEMBER 11, 2003, AT 10:30 AM *DENOTES ERROR IN BIDDERS CALCULATION ENGINEER'S ESTIMATE ARNT CONSTRUCTION JAY BF ITEM UNIT TOTAL UNIT TOTAL UNIT NO. DESCRIPTION QUANTITY UNIT PRICE AMOUNT PRICE AMOUNT PRICE 0 0(101 O o O 60 0 V 90 0 1n N Ea 0 010In s- E9 0 0 69 0 o (i $ 150.00 $ 500.00 $ 55.00 0 00 O r () 0 O 0 M 19 $ 1,000.00 0 0 N..- •-• 69 0 1n 60 $ 75.00 $ 500.00 0 0 O 0 O 69 0 1n O 69 0 0 o to N to 69 60 0 0 O 60 ♦ * $ 2,000.00 $ 15,750.00 O 0 O 0 M 19 $ 12,350.00 0 0 O CO 0 60 0 0 O CCDD D) 60 $ 100.00 $ 1,800.00 $ 1,800.00 $ 3.00 $ 200.00 0 O M 0 h' V w 0 O O CO 69 $ 1,562.40 0 O O COD 69 $ 1.00 $ 50.00 0 s} C7 0)) N 69 0 O O 0 EA $ 1,500.00 $ 320.00 $ 5.00 0 0 0 0 , 16 0) .- 69 69 $ 242,320.96 $ 2,000.00 $ 25.00 $ 800.00 O 0 CA r- E0 00'9 $ 0 00000 $ 100.00 $ 600.00 $ 300.00 $ 0.01 $ 200.00 $ 760.00 03 CD co 6.9 $ 2.00 0 0 00 v- 0 in 6990 0 00000 O O 49 0 0.- O CD O 6n.- 69696060 0 .- 0 0 0 0 . o 0 o in O V M CA (3 60 0 0 0 O a0 f0 $ 13,000.00 $ 3,000.00 I $ 8,000.00 $ 300.00 $ 1,500.00 $ 1,200.00 $ 4,500.00 $ 1,300.00 0 0 O 0 O CD V w 0 0 O O O .- 69 0 0 O O CD M E0 0 0 O O O 49 00'001 $ 00'006 $ 0 0 O o V. to W $ 1,000.001 $ 600.00 $ 300.00 $ 2,000.00 0 0 0 0 O O O 0 •-• 0 .4 En 69 $ 295,250.00 $ 3,000.00 $ 15.00 o 0 O o 6¢9 $ 20.00 $ 20.00 0 000000 V 69 0 0 0 0 0 O O O In O CO')tOnN`M .- 69 69 69 69 69 0 0 O O •-- 69 $ 20.00 0 0 N E0 $ 100.00 $ 100.00 0 00000 O 00 •- fA 0 0 0 O to 7 N.- 69 69 CO 0 O 0 69 LS LF W CY L2-1- SY 1 LS EA EA CY LS LS CY a) LS LS LS 1 CY CY CY LS 1 630 V' 650 1 150 2000 1 3 6 300 1 1 180 300 30 20 500 •-• TRAPPERS CROSSING AREA MOBILIZATION 6" HDPE DRAIN PIPE CONNECT TO EXISTING DRAIN PIPE DITCH EXCAVATION CLEAN EXISTING 15" RCP SODDING AND RESTORATION EROSION CONTROL SALVAGE AND REINSTALL IRRIGATION SYSTEM SURFACE DRAIN SELECT TOPSOIL BORROW (LV) TRAFFIC CONTROL SUBTOTAL TRAPPERS CROSSING AREA OAK LANE MOBILIZATION DITCH EXCAVATION SEEDING AND RESTORATION 'EROSION CONTROL TRAFFIC CONTROL SUBTOTAL OAK LANE 79TH STREET AND NANCY DRIVE (BERM) MOBILIZATION COMMON BORROW (LV) SELECT TOPSOIL BORROW (LV) SODDING AND RESTORATION TRAFFIC CONTROL SUBTOTAL 79TH STREET AND NANCY DRIVE (BERM) TOTAL .- N e9 V to CD ti CO O) cD Ir. .- N 69 V 1n r N M V N 1 ru.;" IGU, (-V 1 ENGINEERS - ARCHITECTS - PLANNERS BIDS OPENED: SEPTEMBER 11, 2003, AT 10:30 AM *DENOTES ERROR IN BIDDERS CALCULATION BNR EXCAVATING, INC. ITEM UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. DESCRIPTION QUANTITY UNIT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 446969694444696449 6944696969(4696949 69 6964496969646969 69 49496944696949 646949444469694449 494949 49494969 49 49 49 69694949 49 494449 49 694949694949 49 1 $ 500.00 $ 750.00 1 $ 700.00 $ 2,520.00 $ 900.00 I $ 400.00 1 1 $ 2,250.00 ! 0 0 0o O 0 V' 44 0 0 N 0 N 49 1 $ 500.00 1 0 0 0 0 00 0 0 0) N (D M 64 44 $ 3,400.00 $ 3,000.00 0 0 0 CO V 44 0 0 0 N e- 69 0 0 0 0 V' 69 0 0 0 0 4 49 0 0 0 0 O 49 0 0 0 0 69 ! $ 6,000.00 $ 330.00 0 0 0 0 0ocoo 0 0 e- O N 64 44 0 0 N. CO 69 0 0 0 4A N 44 0 0 0 LO r 69 $ 300.00 0 0 o (O M 69 0 0 000 N .-- 69 0 0 0( CO M 69 $ 1,260.001 $ 2,700.00 $ 4,000.00 $ 26,996.00 0 0 . o ((7 44 $ _ 750.00 00 0 d 49 0 m 49 $ 18.00 $ 400.00 $ 15.00 0 0 0 O V 49 00 0 00 (O 69 $ 6,900.00 $ 14.00 00 0 0 oco On ,- 44 69 $ 40.00 00 0 00 N 49 0 O V 69 0 0 0 (n 49 $ 400.00 00 0 00 t 64 0 M 69 $ 1,100.00 $ 2,000.00 000 0 vv CO 69 0 e- 69 0 o ems- 69 $ 2.50 $ 4.00 0 0 (o N 44 $ 120.00 1 00 0 0 . a0 (O r 49 69 $ 4,000.001 LS LS CY SY CY LS LF LS LS LS CY ¢(q LF LS LS W 1 u uu 00 EA 1 (A � OOU(. LS •-- •- 50 420 50 1 150 e- •- 1 2300 2 500 ON- e- e- r e- e- e- 4- et 0 e- 120 V' (00 70 450 e' TERRA COURT (MOBILIZATION (CLEAR AND GRUB TREES AND BRUSH 1DITCH EXCAVATION SOD AND RESTORATION SELECT TOPSOIL BORROW (LV) EROSION CONTROL CLEAN EXISTING 12" STORM SEWER PIPE TRAFFIC CONTROL 'SUBTOTAL TERRA COURT ISHENANDOAH AND HAWTHORN !MOBILIZATION !CLEAR AND GRUB TREES AND BRUSH !DITCH EXCAVATION SEEDING AND RESTORATION SODDING AND RESTORATION CLEAN CULVERT PIPE EROSION CONTROL TRAFFIC CONTROL SUBTOTAL SHENANDOAH AND HAWTHORN LAKE DRIVE AND 77TH STREET MOBILIZATION CONNECT TO EXISTING STORM CATCH BASIN /MANHOLE 15" RCP STORM SEWER (CLASS 5) 15" RCP L.R. BEND (CLASS 5) (4' LENGTH) 15" RCP F.E.S. WITH TRASH GUARD 48" DIA. STORM MANHOLE, TYPE 409 RIP RAP (CLASS II) STORM POND EXCAVATION SALVAGE AND REINSTALL EXISTING TRAFFIC SIGN REMOVE EXISTING BITUMINOUS PAVEMENT (ALL DEPTHS) SAWCUT EXISTING BITUMINOUS PAVEMENT (ALL DEPTHS) 6" AGGREGATE BASE, CLASS 5 3" BITUMINOUS PAVEMENT (LVWE45030B) SELECT TOPSOIL BORROW (LV) SODDING AND RESTORATION TRAFFIC CONTROL SUBTOTAL LAKE DRIVE AND 77TH STREET r NM.1t LO CO N. CO r- N M d' in (o f, co �-- NM Cr LO CO n (00) a�- -NM�4A CD 1 1 CO 49 1 49 1 49 1 49 1 49 1 49 1 49 1 49 1 69 1 49 1 49 1 49 1 49 1 49 1 EA 1 49 1 49 / 49 1 49 1 1 49 49 1 49 1 49 1 49 1 49 1 49 1 49 1 6.9 1 69 1 1 (n 69 1 49 1 49 1 49 I KUP, liVMIV11JJ1UlN NU. ILO' ! -U ENGINEERS -ARC!' BIDS OPENED: SEPTEMBER 11, 2003, AT 10:30 AM *DENOTES ERROR IN BIDDERS CALCULATION BNR EXCAVATING, INC. ITEM UNIT TOTAL UNIT TOTAL UNIT NO. DESCRIPTION QUANTITY UNIT PRICE AMOUNT PRICE AMOUNT PRICE 111111111111 69696.969696969 69696949 49 111111/111.111 6969496969 496969696969 6949 1111111111 696949 696494949 69 E949 500.00 1 $ 1,700.00 $ 1,252.00 $ 1,000.00 0 0 0 0 M C.6 69 $ _ 800.00 1 � $ 840.001 $ 400.00 1 0 0 O O CC 69 1 $ 800.00 1 0 0 O 0 0 V' 6949 0 0 N CA CO. ti .— J $ 500.00 0 0 O O m 69 $ 360.00 0 0 0 0 r 6969694049 0 0 0 0 M 0 0 0 A 0 0 N N 0 0 O CO N $ 540.00 1 $ 500.00 0 0 0 0 7 6949 0 0 0 0 O 'd' 0 0 N . 'q .e. O N 49 1 $ 500.00 1$ 500.00 0 0 0 0 O 49 $ 2,600.00 1 560.00 1 0 0 0 0 0 0 0 N 0) r 69(94949 0 0 0 0 M 0 0 0 0 O sT 0 0 C •- 17. r- r 49 0 0 0 0 0 h Or EA 69 $ 313.00 0 O 0 r 69 $ 14.00 $ 800.00_ $ 28.00 $ 4,000.00__ 0 0 0 'I'N 694969 0 0 0 0 0 0 0 1 $ 500.00 1 $ 900.00.1 0 0 U r 69 �$ 41.00! 0 0 O 0 6Q96Q9669696969 0 0 O 0) 0 0 tt 0)Nc- 0 0 00 0 0 0 0 00 CV 0 0 O O0 0 0 O 613 $ 500.00 $ 500.00 0 0 O OCV 6949 0 0 O $ 14.00 0 0 0 0 6 O) 69 69 $ 300.00 1 $ 4,000.00 1 LS LF a W J CY 1 LS 1 TON 1 AC 1 LS L.L. LS 1 LS LS LF LF W W CY 1 TON CY SY LS 1 LS LS LS LS 1 J 0 SY CY LS CO 100 `70 450 1 ..— 30 r c) 0 't r 04 `-N 270 V.,-.010 30 250 rr rrr 130 1 40 200 50 rr OLD BIRCH STREET MOBILIZATION 15" RCP DRIVEWAY PIPE CULVERT (CLASS 5) 15" RCP .F.E.S. (CLASS 5) REMOVE EXISTING CULVERT (ALL SIZES) Z O > o F CLEAR AND GRUB TREES /BRUSH AGGREGATE BASE (CLASS 5) (DRIVEWAY) SEEDING AND RESTORATION EROSION CONTROL CLEAN EXISTING CULVERT J O Z o w H SUBTOTAL OLD BIRCH STREET BALD EAGLE AND WOODCHUCK CIRCLE MOBILIZATION CLEAR AND GRUB TREES /BRUSH REMOVE EXISTING DRIVEWAY CULVERT 12" RCP STORM SEWER (CLASS 5) 12" RCP L.R. BEND (CLASS 5) (4' LENGTH) 12" RCP F.E.S. WITH TRASH GUARD (CLASS 5) 'RIP RAP - CLASS II 6" AGGREGATE BASE. CLASS 5 'SELECT TOPSOIL BORROW (LV) 'SEEDING AND RESTORATION EROSION CONTROL (TRAFFIC CONTROL SUBTOTAL BALD EAGLE AND WOODCHUCK CIRCLE MZ� �O = a•,, MOBILIZATION REMOVE/SALVAGE/REPLACE FENCE !CLEAR AND GRUB TREES /BRUSH W EL a W w W ce O C9 F - J U DITCH EXCAVATION SODDING AND RESTORATION TOPSOIL BORROW (LV) Z 0 z w TRAFFIC CONTROL SUBTOTAL PHEASANT RUN ' , rNM V to co fA�� rNM 'Cr to CO Is. Or.r� rNM V OfOn co a) 11111111 EA 69 EA EA EA CO EA E9 1.111111 V) EA EA EA EA EA EA H /11111111 EA EA CO EA EA EA EA 69 Vi 111111 69 69 EA V) EA EA TKDA CUMMISSIUN NU. 1zt11 ( -01 BIDS OPENED: SEPTEMBER 11, 2003, AT 10:30 AM *DENOTES ERROR IN BIDDERS CALCULATION BNR EXCAVATING, INC. ITEM UNIT TOTAL UNIT TOTAL Nn DESCRIPTION QUANTITY UNIT PRICE AMOUNT PRICE AMOUNT 1 EA 1 EA 1 V) , 69 1 EA 1 EA 1 E9 . 44 1 EA 1 EA 1 69 1 CO 1 EA 1 EA 1 CA 1 4.9. 1 69 1 69 1 Ei 1 EH 1 EA 1 EA 1 V) 1 EA 1 1 V) 69 1 1 Vi 69 1 EA 1. 69 w 00 00 00 O all V) O 0 r 69 $ 7,000.00 ( $ 2,560.00 0000 0000 0000 O st VE O 1n 69 O 0 st EA to Q1 ` W $ 500.00 0 O 0 O ti 69 $ 500.00 $ 2,400.00 �$ 540.00 00 o 00 0 N 69 o O sY V) $ 8,840.00 $ 500.00 1 0 0 0 O CD EA $ 1,650.001 0000 0000 03 O N tD EA 0403 O vl st CO O n N EA N r r- EA $ 250.00 $ 4,200.00 $ 7,800.00 $ 4,000.00 $ 300.00 000 000 000 0 10 69 0 O r EA sr N oo EA 0 0 . 0 0 tD E9 0 0 . 0 0 O r EA 0 0 sr r EA 0 0 N M EA $ 4,000.00 0 0 0 O 1C! EA $ 4,000.00 ( $ 500.00 0 0 st r EA 0 0 0 o LO EA 0 0 0( EA 0 0 03 r EA 0 0 0 0 N EA 0 0 0 0 O st 69 $ 500.00 0 0 0 CD O EA 0 0 0 M EA 1 $ 228.00 I $ 2,200.00 $ 104.00 0 0 s) EA 0 0 1n 0 . N 4 r 69 69 0 0 ( 0 N V) 0 0 0 0 0 M O N EA EA 1 $ 500.00 0 0 0 O O - ,r EA V1 J fn JU i 1 ML/, VVIVIIYIIJJIVIY IY V. ILU 1 1 ENGINEERS • ARCHITECTS • PLANNERS BIDS OPENED: SEPTEMBER 11, 2003, AT 10:30 AM `DENOTES ERROR IN BIDDERS CALCULATION BNR EXCAVATING, INC. ITEM UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. DESCRIPTION QUANTITY UNIT _ PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 496949694969696949696A49 496969696949 496949494949 49 69 69 69 69 EA E9 69 69 69 E9 E9 49 69 E9 49 Ea fdl 49 69 Eil 49 69 69 49 49 $ 500.00 $ 10,710.00 I$ 800.00 0 00000 00000 0 0) A 0 0 O 6h 49694949 0 0 O CV <- 0 O 0 O 7 N $ 3,000.00 0 0 0 O O) CO 49 $ 4,000.001 0 0 0 a0 a) WI 49 0 0000 0000 O 10 49696949 0 N .f) N 0 0 O) 0 0 M $ 4,000.00 $ 8,220.00 $ 500.00 $ 420.00 $ 380.00 0 0 0 0 0 05 69 $ 4,000.00 0 0 0 0 6+i CO 60 0 0 0 M 6D 0) n N 49 $ 500.00 0 0 ,- 696¢a969694969 0 0 0 0<- N 0 0 V 0 0 0600 N 0 0 0 0 0 '7 $ 800.00 00'009 $ $ 23.00_1 0 O 0 0 0 tt 69 0 0 0 0, 0 4969696A 0 0 0 0 M0 0 0 0 6") 00.000'17 $ 0 0 0 0, O 49 0 0 vi. 496949 0 0 O) .- 0 0 600 0 0 0 O 69 LS W CY LF v}) LS ¢ ¢ EA CY LS LS CY LS LS LS _ f 000 LS___ 630 650 o 2000 .- 6h 60 300 ,- 180 300 .- r r 0 O 20 500 •- TRAPPERS CROSSING AREA MOBILIZATION 6" HDPE DRAIN PIPE CONNECT TO EXISTING DRAIN PIPE DITCH EXCAVATION CLEAN EXISTING 15" RCP SODDING AND RESTORATION EROSION CONTROL SALVAGE AND REINSTALL IRRIGATION SYSTEM SURFACE DRAIN SELECT TOPSOIL BORROW (LV) TRAFFIC CONTROL SUBTOTAL TRAPPERS CROSSING AREA OAK LANE MOBILIZATION DITCH EXCAVATION SEEDING AND RESTORATION (EROSION CONTROL TRAFFIC CONTROL SUBTOTAL OAK LANE 79TH STREET AND NANCY DRIVE (BERM) MOBILIZATION COMMON BORROW (LV) SELECT TOPSOIL BORROW (LV) SODDING AND RESTORATION TRAFFIC CONTROL SUBTOTAL 79TH STREET AND NANCY DRIVE (BERM) TOTAL ,- N C7 <f to CO n CO W °� E- Ne7 V l0 .-- NMV 1n • • • AGENDA ITEM 7J STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: September 22, 2003 TOPIC: Resolution No. 03 -159, Accepting Bids and Awarding Construction Contract, 2003 Wearing Course VOTE REQUIRED: Simple Majority BACKGROUND: Sealed bids were received and publicly opened at 10:00 a.m. on September 11, 2003. The results of the bid opening are presented below. City Council action is required to award a construction contract to the lowest responsible bidder. Contractor Amount of Bid North Valley, Inc. $154,853.75 W.B. Miller, Inc. $161,841.50 Frattalone Paving, Inc. $163,378.50 Hardrives, Inc. $169,346.00 Midwest Asphalt Corp. $189,971.20 Engineer's Estimate $174,730.00 The low bid is approximately 11 % under the Engineer's Estimate for this project. A copy of the complete bid tabulation is attached. The final completion date for this project is October 31, 2003. OPTIONS: 1. Return to staff for further review. 2. Adopt Resolution Number 03 -159, Accepting Bids and Awarding a Construction Contract to North Valley, Inc. for the 2003 Wearing Course project. 3. Not adopt Resolution No. 03 -159 Not adopt Resolution No. 03- 158.RECOMMENDATION: Option No. 2 - Staff recommends that Resolution Number 03 -159 be adopted. • CITY OF LINO LAKES RESOLUTION NO. 03-159 RESOLUTION ACCEPTING BIDS AND AWARDING A CONSTRUCTION CONTRACT - 2003 WEARING COURSE PROJECT WHEREAS, pursuant to an advertisement for bids for the construction of 2003 Wearing Course project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Contractor Amount of Bid North Valley, Inc. $154,853.75 W.B. Miller, Inc. $161,841.50 Frattalone Paving, Inc. $163,378.50 Hardrives, Inc. $169,346.00 Midwest Asphalt Corp. $189,971.20 Engineer's Estimate $174,730.00 AND WHEREAS, it appears that North Valley, Inc. is the lowest responsible bidder; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 0 LINO LAKES, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with North Valley, Inc., in the name of the City of Lino Lakes for the construction of the 2003 Wearing Course project according to the plans and specifications approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the Lino Lakes City Council this 22nd day of September 2003. Ann J. Blair, City Clerk • John J. Bergeson, Mayor • TKDA ENGINEERS • ARCHITECTS • PLANNERS September 11, 2003 Honorable Mayor and City Council City of Lino Lakes, Minnesota Re: 2003 Wearing Course City of Lino Lakes, Minnesota TKDA Commission No. 12775 -01 Dear Mayor and City Council: 1500 Piper Jaffray Plaza 444 Cedar Street Saint Paul, MN 55101 -2140 (651) 292 -4400 (651) 292 -0083 Fax www.tkda.com Bids for the referenced project were received on September 11, 2003, with the following results. A complete Tabulation of Bids is enclosed for your information. Contractor Base Bid North Valley, Inc. $ 154,853.75 W.B. Miller, Inc. $ 161,841.50 Frattalone Paving, Inc. $ 163,378.50 Hardrives, Inc. $ 169,346.00 Midwest Asphalt Corp. $ 189,971.20 Engineer's Estimate $ 174,730.00 Recommendation We recommend that you award the Contract to the lowest bidder, North Valley, Inc., for their base bid of $154,853.75. Please do not hesitate to call me with any questions or comments you may have. Sincerely, S ,' )61)U4- Scott A. Brink, P.E. Project Manager SAB:art Enclosure An Employee Owned Company Promoting Affirmative Action and Equal Opportunity $ 4,000.00 $ 13,200.00 O o c0 ('4 t9 o tC)) O) N 69 $ 2,177.50 $ 98,260.00 $ 30,400.00 0 t°n N 00 ER $ 161,841.50 $ 5,250.001 $ 18,975.00 $ 1,700.00 $ 4,051.20 $ 2,345.00 $ 115,600.00 00 00 0 c0 co 69 $ 6,050.00I $ 189,971.201 1 I\UH L IVIIVIIJJIVIV IVV. ILI I U U ENGINEERS -ARM BIDS OPENED:SEPTEMBER 11, 2003, AT 10:00 AM *DENOTES ERROR IN BIDDERS CALCULATION ENGINEER'S ESTIMATE NORTH VALLEY, INC. W.B. MIL ITEM UNIT TOTAL UNIT TOTAL UNIT NO. DESCRIPTION QUANTITY PRICE AMOUNT PRICE AMOUNT PRICE 0 0 Oct O N d' ER ER 0 M ER $ 3.50 c o o �M ER ER $ 38.00 $ 150.00 I FRATTALONE PAVING, INC. HARDRIVES, INC. MIDWEST AI UNIT TOTAL UNIT TOTAL UNIT DESCRIPTION QUANTITY UNIT PRICE AMOUNT PRICE AMOUNT PRICE O O o N A n t() 69 Eii $ 85.00 $ 4.80 d o - � ER E9 $ 45.00 $ 110.00 • $ 1,500.00 $ 9,625.00 $ 3,500.00 o O .- N ER $ 2,093.75 $ 101,150.00 $ 28,000.00 $ 6,875.00 $ 154,853.75I $ 9,000.00 $ 12,760.00 $ 3,520.00 $ 2,532.00 $ 1,943.00 $ 99,416.00 $ 27,800.00 $ 12,375.00 0 O M O) (D ER $ 1,500.00 $ 175.00 $ 175.00 $ 2.50 $ 1.25 $ 35.00 o 0 .- ER ER $ 9,000.00 $ 232.00 $ 176.00 $ 3.00 $ 1.16 $ 34.40 $ 34.75 $ 225.00 O 0 0 000 O (00 N to �M ER co co. 0 0 000 M 00)) MOM ER ER ER $ 30,400.00 $ 8,250.00 1_$ 174,730.00 $ 4,800.00 $ 16,500.00 $ 3,000.00 $ 3,376.00 $ 3,350.00 $ 94,647.50 $ 32,480.00 $ 5,225.00 loo 0 M (0 ER $ 5,000.00 $ 320.00 $ 160.00 000 N h co ER ER $ 38.00 $ 150.00 $ 4,800.00 $ 300.00 $ 150.00 $ 4.00 $ 2.00 $ 32.75 $ 40.60 $ 95.00 JWWJ0 - -I- -W JW WJ0? ~-.W •• to 0 toN 844 1,675 2,890 0 in E0 — (n to 20 844 1,675 2,890 800 55 2003 WEARING COURSE MOBILIZATION ADJUST MANHOLE FOR WEAR COURSE ADJUST GATE VALVE FOR WEAR COURSE REMOVE AND DISPOSE OF EXISTING BITUMINOUS PAVEMENT BITUMINOUS MATERIAL FOR TACK COAT BITUMINOUS WEARING COURSE, 2350 TYPE LV 4 ,BITUMINOUS LEVELING COURSE, 2350 TYPE LV4 1INFISHIELDS TOTAL BID AMOUNT 2003 WEARING COURSE MOBILIZATION ADJUST MANHOLE FOR WEAR COURSE ADJUST GATE VALVE FOR WEAR COURSE REMOVE AND DISPOSE OF EXISTING BITUMINOUS PAVEMENT BITUMINOUS MATERIAL FOR TACK COAT BITUMINOUS WEARING COURSE, 2350 TYPE LV 4 BITUMINOUS LEVELING COURSE, 2350 TYPE LV4 INFISHIELDS TOTAL BID AMOUNT •• N C9 st 141 CD d o .- N CO V' II) CO h CO • • AGENDA ITEM 7Ki STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: September 22, 2003 TOPIC: Resolution No. 03 -160, Declaring Cost to be Assessed, Twilight Acres/Twilight Acres 2nd Addition Sanitary Sewer Improvements Project VOTE REQUIRED: 3/5 Vote Required BACKGROUND: A Public hearing for the Twilight Acres/Twilight Acres 2nd Addition Sanitary Sewer Improvements project was held on May 14, 2001. The city allowed 60 days to elapse following the Public Hearing prior to taking action on the improvements as required by the City Charter. On August 13, 2001, City Council authorized the preparation of plans and specifications. The bids were received on September 7, 2001 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 $206,364.83. Resolution No. 03 -160 is attached. OPTIONS: 1. Adopt Resolution 03 -160, Declaring Cost to be Assessed, Twilight Acres/Twilight Acres 2nd Addition Sanitary Sewer Improvement Project. 2. Not Adopt Resolution No. 03 -160. 3. Return to staff for further review. RECOMMENDATION: Option No. 1 - Staff recommends that Resolution No. 03 -160 be adopted. • • CITY OF LINO LAKES RESOLUTION NO. 03 -160 DECLARING COST TO BE ASSESSED, AND ORDERING PREPARATION OF PROPOSED ASSESSMENT, TWILIGHT ACRES/TWILIGHT ACRES 2ND ADDITION SANITARY SEWER IMPROVEMENT PROJECT WHEREAS, bids have been received for the installation of sanitary sewer to the Nancy DriveNicky Lane neighborhood; and the bid price, including change order, for such improvements is $290,482.40, and the expenses incurred or to be incurred in the making of such improvement amount to $94,492.60 so that the cost of the improvement will be $384,975.00. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the city is hereby declared to be $53,610.17, CDBG funding paid for $125,000.00 and the portion of the cost to be assessed against benefited property owners is declared to be $206,364.83. 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 the first Monday in January 2004, and shall bear interest at the rate of 7 percent per annum from the date of the adoption of the assessment resolution. 3. 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 22nd day of September, 2003. Ann Blair, City Clerk John J. Bergeson, Mayor • AGENDA ITEM 7Kii STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: September 22, 2003 TOPIC: Resolution No. 03 -161, Calling for Hearing on Proposed Assessment, Twilight Acres/Twilight Acres 2nd Addition Sanitary Sewer Improvements VOTE REQUIRED: 3/5 Vote Required BACKGROUND: Following the City's action declaring cost to be assessed for the Twilight Acres/Twilight Acres 2nd Addition Sanitary Sewer Improvements 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 Twilight Acres/Twilight Acres 2nd Addition Sanitary Sewer Improvements project. OPTIONS: 1. Adopt Resolution 03 -161, Calling for Hearing on Proposed Assessment, Twilight Acres/Twilight Acres 2" Addition Sanitary Sewer Improvements Project. 2. Not Adopt Resolution No. 03 -161. 3. Return to staff for further review. RECOMMENDATION: Option No. 1 - Staff recommends that Resolution No. 03 -161 be adopted. • • • CITY OF LINO LAKES RESOLUTION NO. 03 -161 RESOLUTION CALLING FOR HEARING ON PROPOSED ASSESSMENT - TWILIGHT ACRES SANITARY SEWER PROJECT WHEREAS, by a resolution passed by the City of Lino Lakes City Council on September 22, 2003, the city clerk was directed to prepare a proposed assessment of the cost for the installation of sanitary sewer to the Nancy DriveNicky Lane neighborhood; 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 27th 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 27, 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 22 "d day of September, 2003. Ann Blair, City Clerk John J. Bergeson, Mayor • • • AGENDA ITEM 7Li STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: September 22, 2003 TOPIC: Resolution No. 03 -162, Declaring Cost to be Assessed, West Shadow Ponds Project VOTE REQUIRED: 3/5 Vote Required BACKGROUND: The preliminary plat for West Shadow Ponds was approved in 2001. The developer, Richard S. Carlson & Associates, has submitted a petition to have certain improvements installed by the City. All costs for these improvements will be assessed back to West Shadow Ponds per the development agreement. The improvements to be installed under City contract include the watermain, sanitary sewer, storm sewer, and the road pavement including aggregate base. The project limits are from 62nd Street to the south end of existing West Shadow Lake Drive. On April 8, 2002, City Council authorized the preparation of plans and specifications. The bids were received on August 1, 2002 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 $452,300.00. Resolution No. 03 -162 is attached. OPTIONS: 1. Adopt Resolution 03 -162, Declaring Cost to be Assessed, West Shadow Ponds Project. 2. Not Adopt Resolution No. 03 -162. 3. Return to staff for further review. RECOMMENDATION: Option No. 1 - Staff recommends that Resolution No. 03 -162 be adopted. • • • CITY OF LINO LAKES RESOLUTION NO. 03 -162 DECLARING COST TO BE ASSESSED, AND ORDERING PREPARATION OF PROPOSED ASSESSMENT, WEST SHADOW PONDS PROJECT WHEREAS, bids have been received for the installation of sanitary sewer, water, storm sewer and road improvements for the West Shadow Ponds development; and the bid price for such improvements is $327,809.05, and the expenses incurred or to be incurred in the making of such improvement amount to $144,465.95 so that the cost of the improvement will be $472,275.00. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the city is hereby declared to be $19,975.00 and the portion of the cost to be assessed against benefited property owners is declared to be $452,300.00. 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 the first Monday in January 2004, and shall bear interest at the rate of 7 percent per annum from the date of the adoption of the assessment resolution. 3. 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 22nd day of September, 2003. John J. Bergeson, Mayor Ann Blair, City Clerk AGENDA ITEM 7Lii • STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: September 22, 2003 TOPIC: Resolution No. 03 -163, Calling for Hearing on Proposed Assessment, West Shadow Ponds Project VOTE REQUIRED: 3/5 Vote Required BACKGROUND: Following the City's action declaring cost to be assessed for the West Shadow Ponds project, the City must call for a hearing on the proposed assessments. It is staffs recommendation to call for a hearing on the proposed assessments for the West Shadow Ponds project. OPTIONS: 1. Adopt Resolution 03 -163, Calling for Hearing on Proposed Assessment, West Shadow Ponds Project. 2. Not Adopt Resolution No. 03 -163. 3. Return to staff for further review. RECOMMENDATION: Option No. 1 - Staff recommends that Resolution No. 03 -163 be adopted. • • CITY OF LINO LAKES RESOLUTION NO. 03 -163 RESOLUTION CALLING FOR HEARING ON PROPOSED ASSESSMENT — WEST SHADOW PONDS PROJECT WHEREAS, by a resolution passed by the City of Lino Lakes City Council on September 22, 2003, the city clerk was directed to prepare a proposed assessment of the cost for the installation of sanitary sewer, water, storm sewer, and road improvements for the West Shadow Ponds development; 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 27th 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 27, 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 22nd day of September, 2003. Ann Blair, City Clerk John J. Bergeson, Mayor • AGENDA ITEM 7Mi STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: September 22, 2003 TOPIC: Resolution No. 03 -164, Declaring Cost to be Assessed, Individual Properties which Requested Connection to City Utilities VOTE REQUIRED: 3/5 Vote Required BACKGROUND: There are several property owners who connected to City utilities this past year and requested the assessments be collected with their taxes. The next step in the process is to declare the costs to be assessed for each property owner. Resolution No. 03 -164 is attached. OPTIONS: 1. Adopt Resolution 03 -164, Declaring Cost to be Assessed, Individual Properties which Requested Connection to City Utilites. 2. Not Adopt Resolution No. 03 -164. 3. Return to staff for further review. RECOMMENDATION: Option No. 1 - Staff recommends that Resolution No. 03 -164 be adopted. • • • CITY OF LINO LAKES RESOLUTION NO. 03 -164 DECLARING COST TO BE ASSESSED, AND ORDERING PREPARATION OF PROPOSED ASSESSMENT — INDIVIDUAL PROPERTIES WHICH REQUESTED CONNECTION TO CITY UTILITIES WHEREAS, contracts were let for installing watermain and sanitary sewer and the price for such improvements is $41,623.76, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. The portion of the cost to be assessed against benefited property owners is declared to be $41,623.76. 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 the first Monday in January 2004, and shall bear interest at the rate of 7 percent per annum from the date of the adoption of the assessment resolution. 3. 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 22nd day of September, 2003. Ann Blair, City Clerk John J. Bergeson, Mayor • • • AGENDA ITEM 7Mii STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: September 22, 2003 TOPIC: Resolution No. 03 -165, Calling for Hearing on Proposed Assessment, Individual Properties Which Requested Connection to City Utilities VOTE REQUIRED: 3/5 Vote Required BACKGROUND: Following the City's action declaring cost to be assessed for the individual properties which requested connection to City utilities, the City must call for a hearing on the proposed assessments. It is staffs recommendation to call for a hearing on the proposed assessments for the individual properties which requested connection to City utilities. OPTIONS: 1. Adopt Resolution 03 -165, Calling for Hearing on Proposed Assessment, Individual Properties which Requested Connection to City Utilities. 2. Not Adopt Resolution No. 03 -165. 3. Return to staff for further review. RECOMMENDATION: Option No. 1 - Staff recommends that Resolution No. 03 -165 be adopted. CITY OF LINO LAKES RESOLUTION NO. 03-165 RESOLUTION CALLING FOR HEARING ON PROPOSED ASSESSMENT — INDIVIDUAL PROPERTIES WHICH REQUESTED CONNECTION TO CITY UTILITIES WHEREAS, by a resolution passed by the City of Lino Lakes City Council on September 22, 2003, the city clerk was directed to prepare a proposed assessment for the individual properties which requested connection to City utilities; 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 27th 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 27, 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 22 "d day of September, 2003. Ann Blair, City Clerk John J. Bergeson, Mayor