HomeMy WebLinkAbout2005-001 Council Resolution•
Authorizing Resolution
LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY
RESOLUTION NO. 05-01
RESOLUTION APPROVING CONTRACT FOR PRIVATE DEVELOPMENT AND
AWARDING THE SALE OF, AND PROVIDING THE FORM, TERMS, COVENANTS
AND DIRECTIONS FOR THE ISSUANCE OF ITS $91,715 TAX INCREMENT
REVENUE NOTE, SERIES 2005.
BE IT RESOLVED BY the Board of Commissioners ( "Board ") 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 $91,715 Tax
Increment Revenue Note, Series 2005 (the "Note ") for the purpose of financing certain public
development 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 Schwan's Home Service, Inc. (the "Owner ") and authorizes the President and Executive
Director 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:
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UNITED STATE OF AMERICA
STATE OF MINNESOTA
COUNTY OF ANOKA
LINO LAKES ECONOMIC DEVELOPMENT' AUTHORITY
No. R -1 $91,715
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 Schwan's Home Service, Inc. or
registered assigns (the "Owner "), the principal sum of $91,715, 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, 95 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 , 2005 (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.
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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.
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
$91,715, 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 February 28, 2005 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.
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IN WITNESS WHEREOF, the Board of Commissioners of the Lino Lakes Economic
Development Authority has caused this Note to be executed with the manual signatures of its
President and Executive Director, all as of the Date of Original Issue specified above.
LINO L S ECONOMIC DEVELOPMENT AUTHORITY
'42747 A_ .2 b
Executive Director /
President
REGISTRATION PROVISIONS
The ownership of the unpaid balance of the within Note is registered in the bond register
of the City Finance Director, in the name of the person last listed below.
Date of
Registration
Director
Registered Owner
Schwan's Home Service, Inc.
Federal Tax I.D. No. 41- 0879087
Section 3. Terms, Execution and Delivery.
Signature of
City Finance
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 Finance Director 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
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authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the
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
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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. 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.
Adopted this February 28, 2005
President:
ATTEST by Secretary:
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Certification of EDA Resolution No. 05 -01
Commissioner Bergeson introduced Resolution No. 05 -01 at the meeting of the Lino Lakes
Economic Development Authority held on February 28, 2005, and moved its adoption.
The motion for adoption of the foregoing resolution was duly seconded by
Commissioner Stoltz and upon vote being taken thereon, the following voted in favor thereof:
Reinert, Dahl, Bergeson, Carlson and Stoltz.
The following voted against same:
None.
Whereupon said resolution was declared passed and adopted.
STATE OF MINNESOTA )
COUNTY OF ANOKA )
CITY OF LINO LAKES )
I, the undersigned, being the duly qualified City Clerk of the City of Lino Lakes, Minnesota, do
• hereby certify that the attached document is a true copy of EDA Resolution No. 05 -01 with the
original thereof on file in the City Clerk's office, and the same is a full, true and complete copy
insofar as the same relates to:
CERTIFICATION OF EDA RESOLUTION NO. 05-01
APPROVING CONTRACT FOR PRIVATE DEVELOPMENT AND AWARDING
THE SALE OF, AND PROVIDING THE FORM, TERMS, COVENANTS
AND DIRECTIONS FOR THE ISSUANCE OF ITS $91,715 TAX INCREMENT
REVENUE NOTE, SERIES 2005.
Witness my hand as said City Clerk and the Corporate Seal of the City this TH day of
, 2005.
Aim J. Blair
(SEAL)
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CITY OF LINO LAKES
RESOLUTION NO. 05-01
RESOLUTION APPROVING THE PRELIMINARY PLAT
FOR VAUGHAN ADDITION
WHEREAS, the City has received an application for preliminary plat approval for property
currently described to -wit:
That part of the North 345.8 feet of the Southeast 'A of the Southwest VI of Section 29, Township
31 North, Range 22 West, lying East of the West 879.46 feet, except the East 60 feet thereof,
Anoka County, Minnesota.
; and
WHEREAS, the applicant is proposing to subdivide the property into five parcels described as
Lots 1 -5, Block 1, Vaughan Addition; and
WHEREAS, the preliminary plat approval request is based on the following submittals:
Cover Sheet; Existing Conditions; Site Plan; Grading, Drainage and Erosion Control Plan
sheets 1 and 2; Storm Water Pollution Prevention Plan; Overall Utility Plan; Preliminary
Plat; Utility Details; and Tree Preservation Plan for Vaughan Addition, prepared by
Loucks Associates, and dated October 26, 2004.
; and
WHEREAS, at their meeting on December 8, 2004, 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 Vaughan Addition subject to the following conditions:
1. Right of access shall be dedicated to Anoka County along Birch Street on the final plat.
2. The project must apply for a permit from the Rice Creek Watershed District prior to final
approval by the City Council.
3. Issues discussed in the City Engineer review memo must be addressed to his satisfaction.
4. The project must obtain a permit from Anoka County for any work in the Birch Street
right -of -way.
5. Park dedication fee shall be paid according to city policy.
6. Existing buildings on the site shall be removed.
City Council
Vaughan Addition
January 10, 2005
7. A right turn lane will be provided as required by the Anoka County Highway
Department.
Passed by the Lino Lakes City Council this 10 ay of January 2005.
John J. ergeso , M.' or
ATTEST:
Ann Blair, Cit lerk
t
STAFF ORIGINATOR:
CC MEETING DATE:
TOPIC:
AGENDA ITEM 6B
Paul Bengtson
January 10, 2005
Resolution Number 05 -01
Preliminary Plat
Vaughan Addition
ACTION REQUIRED: 3/5 vote
BACKGROUND
Mike Vaughan has requested approval of a five lot single - family residential subdivision
entitled Vaughan Addition. As shown on the attached location map, the subject property
is located on the south side of Birch Street approximately 2,180 feet east of Ware Road.
The comprehensive plan guides the site for low density, sewered residential use and it is
zoned R -1. The site is also within the existing MUSA. The applicant held a
neighborhood meeting on December 6, 2004.
ANALYSIS
Comprehensive Plan, Land Use and Zoning: The table below identifies the
existing land use and zoning as well as guided land uses for the area.
Location
Existing Land Use
Guided Land Use
Existing
Zoning
R -1
Site
Vacant
Low Density Sewered Residential
North
School
Public / Semi -Public
PSP
South
Single Family Residential
Low Density Sewered Residential
R -1
East
Single Family Residential
Low Density Sewered Residential
R -1
West
Vacant
Low Density Sewered Residential
R -1
The following is a summary of the of the proposal's density:
Gross Site Area
Upland Area
Total Lots
Gross Density
Net Density
2.99 acres
2.91 acres
5
1.67 units /acre
1.72 units /acre
1
0
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Vaughan Addition
page 2
The comprehensive plan guides the site for Low Density Sewered Residential land use.
The site is within the stage 1 (pre -2010) growth area and within the existing MUSA
boundary. Municipal water and sanitary sewer are stubbed to the site from the Birch
Street right -of -way. The proposed design fits within the Low Density range of up to
three units per acre.
Growth Management:
MUSA Reserve: The comprehensive plan and the growth management policy
establish a specific number of MUSA acres for residential growth for stage one (prior to
year 2010). The subject site is already within the current MUSA boundary.
Growth Management. Units/Year: As seen in the table at the end of this report, 165
lots have been approved for year 2005. The recent ordinance amendment to the growth
management policy has eliminated the City Council's ability to allow 20% more
discretionary lots over the 147 -lot maximum per year in the future. However, as was
discussed when this ordinance was adopted, the projects that were already in the approval
process could still be considered for the remaining 11 discretionary lots for calendar year
2005.
PRELIMINARY PLAT
Lots: The proposed subdivision will consist of five lots, ranging in size from 11,654
square feet to 19,665 square feet. The minimum lot size in the R -1 (Single Family
Residential) zoning district is 10,800 square feet of upland area. The upland lot area of
all lots exceed 11,654 square feet and therefore conform to the ordinance.
Access and Circulation: Access from Birch Street is proposed in the form of a cul-
de-sac, with an offset bulb. This will actually eliminate a current access point from the
property. Staff worked with the applicant to try and identify a layout that would allow
the extension of a stub street for the property to the west, but after many attempts, it was
determined that the site has too many factors working against an extension. These factors
include the existing grade separation between the subject site and Birch Street, the
number of preservation worthy trees on the site, the location of the existing house on the
property to the west, and the depth of the subject site.
Utilities: City water and sanitary sewer service will connect to existing facilities
already on site. Both are adequate to serve the project.
Grading and Stormwater Management: The city engineer has completed a thorough
review of the submitted plans and his comments are attached. The applicant will be
required to satisfy all of these comments prior to approval of any building permits for the
site. The applicant has submitted an exhibit that clearly shows the proposed ponding will
not occur within the required 50 -foot setback from the existing wells on the properties to
the south.
Vaughan Addition
page 3
Parks, Open Space: The proposal does not include any land dedication for parkland,
only a cash dedication will be required. Park dedication fees will be calculated as
required by city policy.
ENVIRONMENTAL BOARD
The Environmental Board reviewed the project on October 27, 2004. The
recommendations are attached. The comments that are still relevant will be addressed by
the development agreement between the applicant and the city.
PLANNING AND ZONING BOARD
The Planning and Zoning Board approved this item, subject to the seven conditions listed
below, at their December 8, 2004 regular meeting. This item was originally scheduled
for the November 10, 2004 meeting and was continued to the December 8, 2004 meeting
to allow staff and the developer to continue working out some outstanding issues.
OPTIONS
1. Approve the project.
2. Deny the project.
3. Return to staff with direction.
RECOMMENDATION
Staff recommends that this item be approved subject to the following conditions of
approval:
1. Right of access shall be dedicated to Anoka County along Birch Street on the final plat.
2. The project must apply for a permit from the Rice Creek Watershed District prior
to final approval by the City Council.
3. Issues discussed in the City Engineer review memo must be addressed to his
satisfaction.
4. The project must obtain a permit from Anoka County for any work in the Birch
Street right -of -way.
5. Park dedication fee shall be paid according to city policy.
6. Existing buildings on the site shall be removed.
ATTACHMENTS
1. Location Map
2. Vaughan Addition Preliminary Plat packet submitted October 26, 2004;
revised December 23, 2004.
3. Environmental Board comments dated November 2, 2004
4. City Engineers comments dated January 4, 2005
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LOTS /UNITS
Development Name
approved prelim. plats
Preliminary
Plat Lots
2002
2003
•
2004 2005
2006
2007 2008 2009
TOTAL
Stoneybrook
103
51
0
2nd Addn
0
52
52
Century Farms North
249
56
65
52
43
33
249
Keefe: prel plat, not final plat
1
1
1
Morton (minor subdiv)
0
1
0
1
Ravens Hollow
56
0
56
56
Haley Manor (10 new lots)
10
10
0
10
Crystal Cove
3
3
0
3
Millers Crossroads
152
22
47
51
32
152
Lakeview Estates (2 new)
2
2
2
Snell (minor subdivision)
0
1
1
Pheasant Hills Pres. 13th
1
1
1
Justin's Preserve
1
1
1
Marshan Estates
4
4
4
Rice Creek Church duplex
2
2
2
Rice Church: Oakwood View
10
10
10
Junes Addn
2
2
2
Highland Meadows East 2nd
18
18
18
Marshan Townhomes 2nd
23
23
Pheasant Hills 12th island
8
8
8
West Shadow Ponds 2nd Add
1
1
1
proposed
Vaughan Addition
5
5
5
Angie's Acres (1 new)
1
1
1
Marshan Meadows
21
21
21
Marshan Lakeview (2 new)
2
2
2
total
51
148
176
171
98
33
626
remaining of annual 147
remaining of 1029 for pre -2010
-1
-29
-24
49
114
147
147
403
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Memorandum
DATE: January 4, 2005
TO: Paul Bengtson
FROM: James E. Studenski, City Engineer
RE: Vaughan Addition
Attached is the TKDA review dated January 4, 2005, of the submitted documents for
the Vaughan Addition site. The following comments must be addressed prior to final
approval given for this project.
Please contact me with any questions.
600 Town Center Parkway, " 6 0 "ekes, Minnesota 55014 -1182
Phone: 651 - 982 -2400 • Fax: 651 - 982 -2499 • TDD: 651- 982 -2410
TKDA
• ENGINEERS • ARCHITECTS • PLANNERS
MEMORANDUM
To: ' James Studenski, City Engineer Reference: Vaughan Addition
1500 Piper Jaffrey Plaza
444 Cedar Street
Saint Paul, MN 55101 -2140
(651) 292 -4400
(651) 292 -0083 Fax
www.tkda.com
Copies To: City of Lino Lakes, Minnesota
From: Scott A. Brink, P.E.
Date: January .4, 2005
Comm. No. 13265 -002
Routing:
Revised plans have been submitted providing for a single family residential development titled Vaughan
Addition. The proposed development essentially provides for the construction of 5 single family homes on 3
acres of property. The property is located along the south side of Birch Street between Tomahawk Trail and
West Shadow Drive, or directly across Birch Street from Rice Lake Elementary School. Access to the 5
units would be provided by the construction of a short cul -de -sac that would extend from Birch Street.
The following documents have been received for review:
4111 1. Full size and half size plan sheets prepared by Loucks Associates received by the City of Lino Lakes
December 23, 2004 as follows: Site Plan (C2 -1), Grading, Drainage, and Erosion Control (C3 -1), -
and Right Turn Lane (C2 -2).
2. Hydrologic Calculations, submitted by Loucks Associates and received by the City of Lino Lakes
December 23, 2004.
The following comments are provided:
Grading, Drainage, and Drainage Calculations
1. The revised drainage calculations are currently under further review. The calculations are based on the
assumption that all hard surface areas (Area 4S, which includes all houses, driveways, and streets), will
all be directed to Pond 7P, which may not be possible unless all roof drains are discharged directly to the
driveways at the front of every house, which may be difficult. The Developer must demonstrate that no
additional runoff beyond the existing runoff rate may be discharged from the site, especially along the
west boundary of the property.
2. Flood elevations for the adjacent wetlands must be shown on the grading plan.
3. The types of housing units are all shown as full basement walk outs, and floor elevations are provided.
An emergency overflow location and elevation of 895.0 is also identified on the plan. All housing units
must meet the City's minimum requirements as follows: The lowest floor must be a minimum of 2 feet
above the adjacent 100 -year pond/flood.levels, 4 feet above normal pond and ground water levels, and
the lowest opening must be at least 1 foot above the nearest emergency overflow elevation. Based upon
An Employee Owned Company _ 61 _ p Affirmative Action and Equal Opportunity
Vaughan Addition Page 2 January 4, 2005
City of Lino Lakes, Minnesota
the information provided, the 4 foot requirement above the normal pond elevation is not attained for Lot
2 and Lot 3. In addition, a geotechnical report has not been provided, and specific groundwater
elevations are therefore unknown as well.
4. A copy of the NPDES Application and permit shall be provided to the City.
5. The site area is less than 5 acres. Review and approval of the Rice Creek Watershed District is therefore
not required.
Utilities
No revised utility plans have been received as part of this review submittal. However, previous comments
regarding the utilities remain applicable as follows:
1. Existing sewer (8 -inch diameter) and water (6 -inch diameter) currently extend to the site from the
north side of Birch Street and are adequate to serve the site. Further extension of the water main in
order to serve the properties must be 8 -inch main in accordance with City standards.
2. Individual water and sewer services must meet minimum cover requirements, especially in the street
and paved areas. Insulation shall be required wherever the minimum amount of cover (8 feet) cannot
be attained.
3. In addition to the requirements of the City of Lino Lakes, all sewer and water facilities must be
furnished and installed per the requirements of the City Engineers Association of Minnesota
(CEAM), Minnesota Pollution Control Agency, and the Minnesota Department of Health.
4. 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.
5. A minimum of two feet of cover over storm sewer pipe is desired.
Other Comments
1. A tree preservation plan was previously submitted. A final landscaping plan shall eventually be
submitted. Sight corner visibilities shall be maintained per City and County requirements as
applicable (see below).
2. Any existing well and septic locations on both the subject property and adjoining properties shall be
confirmed to assure compliance with the Minnesota Department Health (MDH). This shall mean that
any existing facilities on the subject property shall be removed or capped in accordance with
regulations, and that sewer separation distances from any remaining facilities in close proximity shall
be attained in accordance with MDH. Separation distances from wells identified on neighboring
properties are provided on the plan.
Vaughan Addition Page 3 January 4, 2005
City of Lino Lakes, Minnesota
I
3. The plan provides notes regarding seeding, mulching and turf establishment for disturbed areas.
However, the City of Lino Lakes has a specific seed specification for ponding areas and a note
referring to City of Lino Lakes seeding specifications shall also be provided on the plan.
4. Approval of the plat, including street access from County Road 10 (Birch Street) will be subject to
the review and approval of Anoka County. Anoka County has provided review comments in a letter
dated December 2, 2004. Among the County's comments are as follows:
a) No additional right of way dedication is being required by the County.
b) The County is requiring that a right turn lane (East Bound) be constructed up to the new street
Vaughan Court). The cost to design and construct the right turn lane shall be at the
developer's expense. The length of the turn lane and taper appears to meet the conditions of
Anoka County as stated in their December 2 letter. However, the County will have specific
pavement section (thickness) and bituminous mix requirements that must be provided on the
plans. Specific requirements for traffic control during construction will also be required by
the County, and provisions must be provided for on the plans. Any additional conditions and
requirements of the County must also be provided as specified or as conditioned as part of the
County's permit process.
c) As stated in the previous review comments, the County also suggests that a roadway /street
easement be provided that would allow for a future extension of Vaughan Street directly, to
the west.
•
d) The County has stated that the proposed Vaughan Street construction appears that it would
result in severe restrictions in intersection sight distances, especially with regards to trees and
brush. Clearing and grading of vegetation will be required by the County in order to allow for
construction of the street. Other sight distance requirements and conditions of the County
must be addressed as may be required by the County.
e) Drainage calculations and grading and erosion control plans must be forwarded to the County.
f) Noise impacts must be addressed by the developer to the satisfaction of the County.
g) Construction of the street entryway must also meet County requirements for matching of the
bicycle path with the new street/curb, including the construction of concrete pedestrian ramps
as required by the County.
5. A geotechnical report has not been provided. Therefore, the existing soils and groundwater levels are
not known. All building pad foundations, streets, and utilities shall be constructed on approved
materials as required by the City of Lino Lakes, and groundwater levels shall be known in order to
ascertain building elevation requirements.
6. Wetlands shall be delineated prior to any site grading.
Vaughan Addition Page 4 January 4, 2005
AdiCity of Lino Lakes, Minnesota
7. Standard drainage and utility easements along all property lines (5 feet and 10 feet) are shown in
addition to other easements required for utility lines, stormwater detention areas, wetlands, etc.
However, some rear property line easements need to be adjusted from 5 feet to 10 feet.
Environmental
Memo
To: Mike Grochala
From: Marty Asleson
CC: Paul Bengtson
Jeff Smyser
Date: November 2, 2004
Re: Environmental Board Recommendations /October 27, 2004
The Environmental Board made the following recommendations at the October 27,
2004 Environmental Board meeting:
Fox Den Acres
Environmental Board recommended approval of Fox Den Conservation
Development including:
• Rezoning to residential planned unit development
• Preliminary Plat with conditions listed in the P & Z Report
• The development of an approved Stewardship Plan
• Use of standard Best Management Practices for site development and Natural
Resources.
Motion by O'Dea to approve, second by Bor. Ali were in favor. Motion passed.
• Page 1
-65-
•
•
Amendment to the Growth Management Ordinance
Motion to approve the .changes to the Growth Management Ordinance by
Smith, second by O'Dea. All were in favor. Motion passed.
Mike Vaughan Subdivision
The Environmental Board recommended the approval of the Mike Vaughan
Subdivision proposal with the following comments and recommendations:
• Save as many trees as possible
• Mitigate any oak wilt started on the site
• The rain gardens should use the City Native Seed Mix, and the developer should
hire a nurseryman experienced in native plant establishment to plant and manage
this area for at least 3 years.
• Under the Grading, Drainage, and Erosion Control Plan Notes of the proposal,
Item 2 should say that 4 inches of topsoil will be thoroughly tilled into the soil
• The notes should include a statement that "no soil shall be imported or exported
from the site with out City approval
• Under the Stormwater Prevention Plan Notes of the proposed plan, their should
include a statement that the City will be notified when storm water must be
treated with alternative BMPs and agree to them
• Under the notes section of the proposed plan, the note on external washing of
construction vehicles should include the washing of internal components of
cement trucks and be limited to a defined area
• An additional stockpiling of rock should be on hand, on the site to top dress rock
entrances should existing rock entrances become filled up
• The ponds should be dug with minimum compaction equipment and fenced off to
further traffic during construction.
• The notes should indicate that the site soils will be restored to pre - construction
densities and that this would be accomplished by tilling, plowing, disking, or
ripping.
• The Developer should provide adequate landscape screening to adjacent
residences. This screening if in rain garden and treatment pond areas should be
appropriate for these areas. The screening and recommended 1 boulevard tree
per house frontage should be approved by the City.
• Have Staff look at the feasibility of an alternative to a cul-de -sac design
•
• Establish a mechanism for a no -mow buffer around wet areas that can be
enforceable. Post signage for these areas.
Motion to approve with comments and recommendations by Grundhoffer,
second by O'Connel. All were in favor. Motion passed.
Kingdom Hall of Jehovah's Witnesses
The Environmental Board recommended that this project be referred back to staff for
further review, and come back to the Environmental Board at a later time. Issues
include:
• Submittal of a lighting fixture plan to include any sign monuments. Demonstrate
that light glare would not be seen from the lake.
• Discuss a lighting and sound time limit for the site use
• Septic system feasibility and possible relocation to the front of the building and
away from the lake and water treatment areas and agreement to hook up to
sewer and water when available. Have a recommendation from County
Environmental on the proposed system
• Discussion of a way to protect a significant area on the lake side of the project
through a conservation easement or other mechanism
• Adequately address screening needs of shoreland and adjacent residences.
Establish proposed changes to species and discuss save areas with City.
Redesign to ensure adequate screening in sight lines to adjacent houses. Show
ground story cover on site to include a plan to irrigate sod areas. Agree to use of
native plants in drainage and water treatment areas. Use City Seed Specs.
• Look at alternative design to NURP. Design to a more appropriate rain garden.
Include rain garden areas for water coming off parking lots and other treatment
features like grassy swaies, to larger rain pond treatment area. Include pervious
parking if possible.
Motion by O'Dea, second by Bauman, to refer back to staff for further review..
All were in favor. Motion passed.
Friends of the Mississippi Storm Water Management Ordinance Review
Recommendation to move forward with this project. Motion by O'dea, second
by Bor. All approved. Motion passed.
Friends of the Mississippi River Water Quality Workshop
Recommend moving forward with the workshop. Motion by Smith, second by
Grundhoffer. All were in favor. Motion passed.
•
•
•
Appointments to the AUAR Advisory Panel
The Environmental Board elected to have the following Environmental Board
members on the Advisory Panel:
1. Terri O'Connell /alternative
2. Dennis Smith
3. Barbara Bor
4. Barbara Bauman
Motion to Approve by O'Dea, second by Grundhoffer. All were in favor.
Motion passed.
Hardwood Creek Rehabilitation Project
The Environmental Board was in favor of a Council Resolution supporting the best
environmental option for the rehabilitation of Judicial Ditch 2/Hardwood Creek.
• Page 4
-68-
•
SHEET INDEX
CR-1 COVER SHEET
0-1 101511910 CONDITIONS
0 -1 BEE MAN
C3.I GRADING. DRAINAGE, & EROSION CONTROL
0-2 STORM WATER POLLUTION PREVENTION PLAN
C4-0 OVERALL DERRY RAN
CFI PRELIMINARY PLAT
GB-1 GRADING X EROSION DETAILS
C9 -1 LIRIEY DETAR5
11.1 TREE PRESERVATION PLAN
GENERAL NOTES
These Construction Plans were prepared by n geld survey
prepared by Loucks Associates and record wilily drawings
hour the City of Lino takes.
We have shown buried structures and uliIIIIns on and/or
serving the site to the best of our ability, subject to the
following restrictions:
a. thinly operao0 do nor cnnsislenily respond to locate
re4tes9 through Inc t Gopher State One Call service for
boundary purposes such as Ihls.
b. Those utility operators That do respond, often will not
locate services from their main line to the customer's
sWClare or Ircilily - they consider prose segments
private Installations That are outside (heir jurisdiction. B
a private service IO an adjoiner's site crosses this sire or
service to this she crosses an adjoiner, it may not be
located since mass operators will not mark such private.
services.
c. Snow and Ice cnmh'lions during winter months may
obscure otherwise visible evkknce of a buried structure
or Wilily. �j
d. Mops provided by operators, either i� with a geld
location or In lieu of such a location, are very often
inaccurate or inconclusive.
e. The sudace features and elevations shown on Ihb
drawing were located by Loucks Associates.
f. All of the underground utility information and locallon
shown an this plan were prepared Irani record drawings
obtained) from the client and the Cily of Lino Lakes
records.
g. EXTREME CAUTION MUST BE EXERCISED BEFORE AN
EXCAVATION TAKES PLACE ON 00 NEAR THIS 51TE.
BEFORE DIGCITIG, YOU ARE REQUIRED BY LAW TO
NOTIFY GOPHER STATE ONE CALL AT LEAST 40
1-OURS IN ADVANCE AT 651/454 -0002.
VAUGHAN ADOTION
LINO LAKES, MINNESOTA
PRELIMINARY PLANS FOR:
SANITARY SEWER, WATERMAIN,
STORM SEWER, AND STREET
VICINITY MAP
WARNING:
11-1E CONTRACTOR SHALL BE RESPONSIBLE FOR CALLING FOR LOCATIONS 01 ALL
EXISTING V1RRIES. THEY SHALL COOPERATE WITH All LOUPE COMPANIES IN
MAINTAINING THEIR SERVICE AND /OR RELOCATION OP LINES.
THE CONTRACTOR SHALL CONTACT GOOIER STATE ONE GILL. AT 01-439-0003
AT LEAST 48 HK0005Ms ADVANCE FORT LOCATIONS OF ALL UNDERGROUND
WIRES, CABLES. CONDUITS, PIPE5, MANHOLES, VALVES OR OTHER BURIED
REPAIR STRUCTURES BEFORE DIGGING, 111E CONTRACTOR SHALL REPLACE
THE ABOVE WHEN DAMAGED DURING CONSTRUCTION AT NO CO501OTFIE
OWNER.
CALL BEFORE MI DIM
Gopher State One Call
LEGEND
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DEVELOPER
COMPANY NAME
100 BIRCH STREET
LINO LAKE5, MN 55030
- MIKE VAUGHIN
TEL 011 -483 -8734
•
APPROVED
TIM 51V DENSIi, P.E.
LINO LAID15 CDT ENGINEER
DATE,
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LEGAL DESCRIPTION
Iris/ pad of the Noah 345.0 Teel of the Southeast iN of Southwest 1/4 of Section 20, Township 31
North, Rerge 22 WesL tying East of the West 679.46 feet, except the East 60 feel (here74 Anoka
Coumy, Mf 6050( .
GENERAL NOTES
1. The legal d0904,lian shown hereon was nba1ned from Schedule A of the Tine Commitment No.
233644. provided by lend Dtk, Inc.. issued on January 27, 2004.
2. We have shown buried shucbres and 0178908 an enOM sewing the she to the heel of o
subject to Me To6oving restrictions
e. Uglify operators do not conslstenIy respond to locate mimesis through the Gopher Slate One Deb
service Tor boundary purposes such as Gds.
6. Those uglily operators fiat d0 respond Mien M0 not locate services from their main Me to the
wsmmer9 stratum (Abaft -they consider nose segments prlvaIe Inma006000 Thal we outside
theta sdIoIon. If a private service loan edloNerS she crosses Mk silo o e service 1M /Ns site
mosses, n 0410Inea 6 may not be located since most opemloa 910 no( mad( such 'Mime'
c Snow end lee conditions during winter momma may obscure otherwise visible evidence era boded
stratum orWi 7..
d. Maps paraded by operators. either-raw with Brat Weft. or In gee 01 suck) a Walton, em very
Wren hacmAele or Inconclusive.
e. The surface features end ale allons drown on this &awing ere located by Loucks Associates.
L All of the Lin ermou led uhlily Infon alien end :oration 00090 on TMs plan were prepared boa
record drawings obtained ram the client end Information oMained hem the ay of Lino Lakes.
g. EXTREME CAUTION MUST BE EXERCISED BEFORE AN EXCAVATION TARES PLACE ON
OR NEAR THIS SITE. BEFORE DIGGING, YOU ARE REQUIRED 07 LAW TO NOTIFY
GOPHER STATE ONE CALL AT LEAST 48 HOURS IN ADVANCE AT 651/434.8002.
h. Per Gopher Slate Ora -Ca6 Ticket No. 21477 Ma Mowing Walks eridnnmkbsabbas wens ,alffed•
CRY OF LONO LAKES BSI -962 -2400
METRO WA3TCOMMISION 651.602 -4311
MINNEGASCO 651.224 -0413
AT&T BROAOoANO 69422441413
ANOKA COUNTY............ 783.862 -4234
QWEST BM-7733600
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RECEIVED
OCT 2 6 2004
CITY OF LINO LAKES
VAUG
ADDITION
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PROMISED RICH( ((111N LANE SEE SHEET 02-2
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RECEIVED
DEC 2 3 Z004
GITY OF UIN' Q LAKES
GEE ROWS TON MO
Gopher State One Call
IL". iReeAl�-eor;; ign07
FILE COPY
Vf \V VI 11101
ADDITION
Ownenov+<llpn Nxe+
MIKE VAUGIIAN
600 I•ch 588
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•
•
ANOKA COUNTY HICHWA Y RICH 17— OF — WAY PLA T NO. 11
NEW PAVEMENT TO M A ICH EXISTING STREET SECTION.
178' STREET
DEPAR TMEN STANDARDS.
N8.9.5828"W 377.07
MARKINGS TO BE PER ANOKA COUNTY HIGHWAY
I 4 I 1'1 I I I
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(C. S. A. H. NO. 10 )/7/
PROPOS
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FILE COPY
RECEIVED
DEC 2 3 2004
CITY OF LIN0 LAKES
vnut,nrov
ITION
Minnesota
MIKE VAUGHAN
11;11 Slreet
Lhwtu,h0meoI.
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ASSOCIATES
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RECEIVED
DEC 2 3 2004
CITY cw Lli Q LAKES
11013 113 , 3 C (N4x) M; CC 011.
39 .S 6925 I 89 I .] M 39,.13
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AND EROSION CONTROL
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GENERAL NOTES:
1 14 MAIM 909 PROW 1.67 99919 99999790
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NORTH
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SCALE IN FEET
RECEIVED
OCT 2 6 Z004
GUY OF Mao LAKES
SEE SHEET C0-I FOR GRADING, DRAINAGE. AND EROSION CONTROL DETAILS
FILE COPY
N
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Minnesota
1599074.1. 719
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PRELIMINARY PLAT GENERAL NOTES
SURVEYOR,
Loucks Assoclslee.Ine.
7200 14e011 110 Lena 00341 350
MIOle Drove, MN 00330
700404.0102
OWNER/DEVELOPER.
MINE Vaughan
1100 Birch Street
Lino lakes, 0.155130
061 -03 -17412.17 34
LEGAL DESCRIPTION.
That pert 0711.10.001 111.1 feel of the 0001heeD 114 of Seulhwest 144 of Seellen 00, Tewnehip
11 Nenh. Roo, 22 Nest, 11111E 00.4 el the West 179.6. feet. except the E.1* 00 IRO therea0
Ane2e County. Mlnne5040.
D ATE OF PREPARATION,
0110212.04
O ENCNMARHI
TOP NUT HYDRANT LOCATED ON SOUTH BIDE BIRCH STREET AT HOUSE SLUMBER 600
ELEVATION =1105.71 )PER ANOKA COUNTY SURVEYOR OFFICE)
07121110 10111101
inn. IR -11 Mettle Welly r011Eenllel
PROPOSED ZONING:
zone IP -11 M elte 40001 rumenaal
TOTAL AREA,
110,20015.iL 0.00 +1•ecras
LOT AREAS,
Let 1 14.011.15.14.
Loll 12.034. eq.11.
Let 2 16,600. 15.51
L eto 20.•14.0q It.
Let 5 11,600. 19.11.
UPLAND LOT AREAS.
Lee 1 14.010 eq.lt.
Lett 71.614 sq.11
Lot 2 12.19411.11.
Let 4 49,065 15.11.
Lee 17,621 eq.it
ROW 11E0MC ATI011:
0.01175 R -O•N 22.820.10.R.
New R -O -■ 13.943, eq.11.
BUILDABLE AREA,
e1 .1ea 15.11
PROPOSED OaOLDINO OET•ACITSt
Front 130 Feet
81dIIl e Ma b 000 Flee
. S Feet
Rest =30 Feet
Mete end cn0aetere =40 Feet
RECEIVED
OCT 2 6 2004
[CITY OF LINO LAKES
FLOOD ZONE pBB1131-1AT,OT1r
This property 16 contented M zone C )area of minimal flooding) per Flood
Insurance Rate Map, Community Panel No. 270100010 B, affective date of May
17,1982. -
FILE COPY
SURVEY LEGEND — EXISTING CONDITIONS
00 OUCH 0.1901 11070 54048
511111.1 04+1021 —0- 50004+2 SEWED
0 stormy 0011NOnn —Mtn 40003
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RECEIVED
OCT 2 6 Z004
CITY OF LIK)LAKE-_7S
FILE COPY
0 '
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TION
Minnesota
010.10
MI12 VAUGHAN
Gm DEB SI.
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UTILITY DETAILS
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TREE PRESERVATION UST
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OCT 202004
Off YOFLII1C LAKES
CALL WOK YOU 0.
Gopher State One Call
11011
FILE COPY
NORTH
0 30 00
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LAIL nA a
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ASSOCIATES
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