HomeMy WebLinkAbout2018-012 Council ResolutionCITY OF LINO LAKES
RESOLUTION NO. 18-12
AUTORIZING CONSTRUCTION ACTIVITY IN SUPPORT OF TARGET REMODEL
WHEREAS, the City of Lino Lakes wishes to support the remodel of the Target store located at
749 Apollo Dr. in Lino Lakes; and
WHEREAS, in order to safely conduct installation of rooftop HVAC units in manner that will
not have adverse economic impacts on the store construction activity must take place during
hours the store is not open for business; and
WHEREAS, Ryan Companies, who is serving as the General Construction Contract has
requested accommodation to Lino Lakes City Ordinance 901.03 to allow construction activity
after 7:00 PM and before 7:00 AM;
NOW, THEREFORE, BE IT RESOLVED by The City Council of the City of Lino Lakes that
the city does hereby authorize Ryan Companies and their sub -contractors to perform construction
activity on February 20, 2018 beginning at 9:30 PM and ending on February 21, 2018 at 7:00
AM; and again on February 21, 2018 beginning at 9:30 PM and ending on February 22, 2018 at
7:00 AM. The construction activity authorized is only for work related to the removal of existing
HVAC units from the rooftop and installation of new HVAC rooftop units.
Adopted by the Council of the City of Lino Lakes this 12th day of February, 2018.
The motion for the adoption of the foregoing resolution was introduced by Council Member
Stoesz and was duly seconded by Council Member Manthey and upon vote being
taken thereon, the following voted in favor thereof:
Stoesz, Manthey, Maher, Rafferty, Reinert
The following voted against same:
none
ATTEST:
e Bartell, C ty Cler
-••\ CITY COUNCIL
AGENDA ITEM 4A
STAFF ORIGINATOR: John Swenson, Public Safety Director
MEETING DATE: February 12, 2018
TOPIC: Approval of Resolution 18-12 Authorizing Construction Activity
in Support of Target Remodel
VOTE REQUIRED: 3/5
INTRODUCTION
Ryan Companies has requested to conduct construction activity outside of the hours outline in
Lino Lakes City Ordinance 903.03.
BACKGROUND
The Target Store located at 749 Apollo Dr. is currently being remodeled, which has resulted in
some construction activity taking place outside the hours outlined in Lino Lakes Ordinance
901.03 (4) b1. This City ordinance restricts construction activity as outlined below.
No person shall engage in or permit construction activity involving the use of any kind of
electric, pneumatic, diesel or gas -powered machine or other power equipment except as
follows:
7:00 a.m. to 7:00 p.m.
Monday through Friday
9:00 a.m. to 5:00 p.m.
Saturday
No construction activity allowed
Sunday and Federal Holidays
Police staff have responded to noise complaints for construction activity taking place outside
the authorized times on January 16, 2018 at 2:45 AM (CN 18-011796) and January 23, 2018 at
11:53 PM (CN 18-017761). Police staff spoke with the construction staff at Target and
informed them of the complaints. Construction workers altered or ended their activity once
police staff spoke with them and no further complaints were received those nights. Police staff
did not take any enforcement action in response to either incident.
The Project Manager, Brita Ryan, for Ryan Companies has contacted staff and requested that
they be allowed to conducted construction activity on February 19, 2018 and February 20, 2018
starting at 9:30 PM and ending at 7:00 AM. This overnight work will remove and replace two
large rooftop HVAC units. Ryan Companies current plan to complete this works is:
Night of 2/19
9:30 pm to 11:00 pm- begin crane set up at back of store
11:00 pm- 11:30 pm- fly old curb and unit off roof at back of store
11:30 pm -1:30 am- break down crane, move to front of store, and set up
1:30 am to 2:00 am- fly old curb and unit off roof at front of store
2:00 am -4:00 am- break down crane and set in parking lot near construction storage
4:00 am -7:00 am- crews will continue prepping the old openings for the new rooftop unit curb
and new rooftop unit
Night of 2/20
9:30 pm to 11:00 pm- begin crane set up at back of store
11:00 pm- 11:30 pm- fly new curb and new RTU on roof at back of store
11:30 pm -1:30 am- break down crane, move to front of store, and set up
1:30 am to 2:00 am- fly new curb and new RTU on roof at front of store
2:00 am -4:00 am- break down crane and drive off site
4:00 am -unknown - crews will proceed with installation of new curbs and units
The City ordinance does not allow for this type construction activity during the articulated
timeline.
This item was discussed at the February 5th Council Work Session. Representatives from Ryan
Companies were on hand to speak with the Council at the Work Session and indicated that
Ryan Companies had sent a letter to houses surrounding the Target store and three house back
into the neighborhood. That letter is attached for your review. Ms. Britta Ryan indicated that
the neighborhood meeting took place on February 6th at 5:30 PM. Ms. Britta Ryan informed
staff that no residents attended the neighborhood meeting and they closed the meeting at 6:15
PM.
As directed by Council, staff has developed a Resolution for Council consideration related to
the requested construction activity.
RECOMMENDATION
Staff has prepared a resolution for Council consideration.
ATTACHMENTS
Resolution 18-12
Lino Lakes City Ordinance 901.03
Ryan Companies letter dated February 2, 2018 to surrounding homes
Lino Lakes City Ordinance 901.03
111§ 901.03 PUBLIC NUISANCES AFFECTING PEACE AND SAFETY.
The following are declared to be nuisances affecting public peace and safety:
(1) All snow and ice not removed from public sidewalks 12 hours after the snow or other
precipitation causing the condition has ceased to fall;
(2) All trees, hedges, billboards or other obstructions which prevent persons from having a
clear view of all traffic approaching an intersection;
(3) All wires and limbs of trees which are so close to the surface of a sidewalk or street as to
constitute a danger to pedestrians or vehicles;
(4) (a) Noise emanating from any use shall be in compliance with and regulated by the State
of Minnesota Pollution Control Standards, Minn. Rules Ch. 7030, as it may be amended from
time to time;
(b) 1. No person shall engage in or permit construction activities involving the use of any
kind of electric, pneumatic, diesel or gas -powered machine or other power equipment except as
follows:
7:00 a.m. to 7:00 p.m.
Monday through Friday
9:00 a.m. to 5:00 p.m.
Saturday
No construction activity allowed
Sunday and federal holidays
2. The restriction on working hours in this § 901.03(4)(b)1. does not apply to persons
working on their own existing private residences;
(Am. Ord. 11-03, passed 4-28-2003)
(5) Obstructions and excavations affecting the ordinary use by the public of streets, alleys,
sidewalks or public grounds except under conditions as are permitted by this code or other
applicable law;
(6) Radio aerials or television antennae erected or maintained in a dangerous manner;
(7) Any use of property abutting on a public street or sidewalk or any use of a public street or
sidewalk which causes large crowds of people to gather, obstructing traffic and the free use of
the street or sidewalk;
(8) All hanging signs, awnings and other similar structures over streets and sidewalks or so
situated so as to endanger public safety, or not constructed and maintained in a sound condition;
(9) The allowing of rain water, ice or snow to fall from any building or structure upon any
street or sidewalk or to flow across any sidewalk;
(10) Any barbed wire fence less than six feet above the ground and within ten feet of a public
sidewalk or way;
(11) All dangerous, unguarded machinery in any public place or so situated or operated on
private property as to attract the public;
(12) Waste water cast upon or permitted to flow upon streets or other public property;
(13) Accumulations in the open of discarded or disused machinery, household appliances,
automobile bodies, lumber, wood or other material, or the rank growth of vegetation among the
items so accumulated, in a manner conducive to the harboring of rats, mice, snakes or vermin, or
in a manner creating fire, health or safety hazards from the accumulation;
(14) Any well, hole or similar excavation which is left uncovered or in other condition as to
constitute a hazard to any child or other person coming on the premises where it is located;
(15) Obstruction to the free flow of water in a natural waterway or a public street drain, gutter
or ditch through accumulation of trash or other materials;
(16) The placing or throwing on any street, sidewalk or other public property of any glass,
tacks, nails, bottles or other substances which may injure any person or animal or damage any
pneumatic tire when passing over the substances;
(17) The depositing of paper, litter, debris, garbage or refuse on a public right-of-way or on
adjacent private property or the throwing of any matter from a motor vehicle;
(18) (a) The parking, keeping, or storing of, or the permitting of junk cars on a public street
or alley or on any private land, or premises which are owned, occupied or controlled by the one
so doing or so permitting except where such is being pursued in accordance with existing zoning.
(b) This shall also apply to anyone who shall park, keep or place a vehicle even if he or she
is not the owner of the land upon which the vehicle is parked, kept or placed.
(c) For the purpose of this section, a JUNK CAR means any motor vehicle which is not in
operating condition, or which is partially dismantled, or which is used for sale of parts or as a
source of repair or replacement parts for other vehicles, or which is kept for scrapping,
dismantling or salvage of any kind, or is not properly and currently licensed for operation within
the State of Minnesota; and
(19) All other conditions or things which are likely to cause injury to the person or property of
anyone.
(Prior Code, § 901.03)
RYAN
February 2, 2018
Britta Ryan, Senior Project Engineer
Ryan Companies
533 S 3rd Street, Suite 100
Minneapolis, MN 55415
612-492-4945
Re: T1448 Target Lino Lakes
To the Community Members of Lino Lakes:
My name is Britta Ryan and I am one of the Project Managers on the renovation of Target Lino
Lakes. In the last year, Target has made a Targe effort to rebrand their stores and improve
customer experience across the country. Although we are confident you will enjoy the final
product, we understand the inconveniences that come with a live remodel -especially one that is
happening in your backyard.
The remodel of your Target started the last week of December and we expect it to be completed
in early May. Until then, we are reaching out to receive feedback on how to make these next few
months a more favorable experience for your neighborhood. We will be holding a meeting for
your neighborhood next Tuesday, February 6th at 5:30 PM. If you know of other neighbors who
would be interested in attending, please feel free to pass this invite on to them as well. If you are
able to attend we will be meeting in Guest Services. If your schedule will not allow you to attend,
but you are still willing to provide feedback and ideas for improvement, please send me an email
at britta.rvan(a.rvancompanies.com or give me a call at 651-245-8780.
We appreciate your time and valuable input.
Kind regards,
Britta M.S. Ryan
Ryan Companies US, Inc.
533 South Third Street, Suite 100
Minneapolis, MN 55415
p: 612-492-4000
ryancompanies.com