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HomeMy WebLinkAbout11-25-2019 Council Packet EXPANDED AGENDA CITY COUNCIL AGENDA Monday, November 25, 2019 *********** City Council Meeting 6:30 p.m. (Broadcast live: http://northmetrotv.com/local- meetings/lino-lakes/) City Council: Mayor Reinert, Councilmembers Maher, Manthey, Rafferty and Stoesz City Administrator: Jeff Karlson COUNCIL WORK SESSION, 6:00 P.M. Community Room (not televised) 1 7109 Sunrise Drive Private Well 2. Review Regular Agenda SPECIAL PRESENTATION Recognition of 30 years of service - Environmental Coordinator Marty Asleson CITY COUNCIL MEETING, 6:30 P.M.  Roll Call – Stoesz, Manthey, Rafferty, Maher and Reinert were present  Pledge of Allegiance  Open Mike / Public Comment - none  Setting the Agenda: Addition or deletion of agenda items The agenda was approved as presented 1. CONSENT AGENDA A) Consideration of Expenditures: i) November 25, 2019 (Check No. 111273 - 111352) in the amount of $966,587.75 B) Consider Approval of November 4, 2019 Council Work Session Minutes C) Consider Approval of November 12, 2019 Council Meeting Minutes D) Consider Approval of November 12, 2018 Canvassing Board Minutes E) Consider Approval of Resolution 19-161, Special Event Permit for the Centerville Lions Annual Ice Fishing Contest Action Taken: Motion by Manthey, seconded by Stoesz, to approve the Consent Agenda, Items 1A through 1E, was adopted 2. FINANCE DEPARTMENT None Council Agenda -2- November 25, 2019 3. ADMINISTRATION DEPARTMENT A) Title 300 of the Lino Lakes City Code, Jeff Karlson i) Consider Second Reading of Ordinance No. 01-19, Enacting Small Wireless Facility Standards Action Taken: Motion by Manthey, seconded by Stoesz, to approve the 2nd reading of Ordinance No. 01-19 as presented, was adopted: Yeas, 5; Nays none ii) Consider Resolution No. 19-149, Approving Summary Publication of Ordinance No. 01-19 Action Taken: Motion by Rafferty, seconded by Maher, to approve Resolution No. 19-149 as presented, was adopted B) Consider Appointment of Police Officer, Karissa Bartholomew Action Taken: Motion by Rafferty, seconded by Maher, to approve the appointment of Anissa Ng, was adopted 4. PUBLIC SAFETY DEPARTMENT No Report 5. PUBLIC SERVICES DEPARTMENT No Report 6. COMMUNITY DEVELOPMENT DEPARTMENT A) Consider Resolution No. 19-158 Authorizing Submittal of the 2040 Comprehensive Plan to the Metropolitan Council, Kendra Lindahl, Landform Action Taken: Motion by Manthey, seconded by Stoesz, to approve Resolution No. 19-158 as presented, was adopted B) Houle Estates Second Addition, Katie Larsen i. Consider Resolution No. 19-152 Approving Final Plat Action Taken: Motion by Maher, seconded by Rafferty, to approve Resolution No. 19-152 as presented, was adopted ii. Consider Resolution No. 19-153 Approving Development Agreement Action Taken: Motion by Stoesz, seconded by Manthey, to approve Resolution No. 19-153 as presented, was adopted C) Consider Approval of Resolution No. 19-159, Approving Amendment to 2019 Individual Assessments, Diane Hankee Action Taken: Motion by Manthey, seconded by Stoesz, to approve Resolution No. 19-159 as presented, was adopted D) Consider Resolution No. 19-155, Approving Final Payment for the 2018 Trunk Watermain and Trail Improvement Project, Diane Hankee Council Agenda -3- November 25, 2019 Action Taken: Motion by Maher, seconded by Rafferty, to approve Resolution No. 19-155 as presented, was adopted E) Consider Resolution 19-162, Accepting 2020 Anoka County Recycling Enhancement Grants Action Taken: Motion by Maher, seconded by Manthey, to approve Resolution No. 19-162 as presented, was adopted 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Following adjournment of the regular meeting, the Council will reconvene for a closed meeting to discuss labor negotiations Community Calendar – A Look Ahead November 25, 2019 through December 9, 2019 Wednesday, November 27 6:30 pm, Council Chambers Environmental Board Monday, December 2 6:00 pm, Community Room Council Work Session Thursday, December 5 8:00 am, Community Room EDAC Monday, December 9 6:30 pm, Council Chambers City Council Meeting Updated 11-25-2019 CITY COUNCIL AGENDA Monday, November 25, 2019 *********** City Council Meeting 6:30 p.m. (Broadcast live: http://northmetrotv.com/local- meetings/lino-lakes/) City Council: Mayor Reinert, Councilmembers Maher, Manthey, Rafferty and Stoesz City Administrator: Jeff Karlson COUNCIL WORK SESSION, 6:00 P.M. Community Room (not televised) 1. 7109 Sunrise Drive Private Well 2.Review Regular Agenda SPECIAL PRESENTATION Recognition of 30 years of service - Environmental Coordinator Marty Asleson CITY COUNCIL MEETING, 6:30 P.M. Roll Call Pledge of Allegiance Open Mike / Public Comment Setting the Agenda: Addition or deletion of agenda items 1.CONSENT AGENDA A)Consideration of Expenditures: i)November 25, 2019 (Check No. 111273 - 111352) in the amount of $966,587.75 B)Consider Approval of November 4, 2019 Council Work Session Minutes C)Consider Approval of November 12, 2019 Council Meeting Minutes D)Consider Approval of November 12, 2018 Canvassing Board Minutes E)Consider Approval of Resolution 19-161, Special Event Permit for the Centerville Lions Annual Ice Fishing Contest 2.FINANCE DEPARTMENT None Council Agenda -2- November 25, 2019 3. ADMINISTRATION DEPARTMENT A) Title 300 of the Lino Lakes City Code, Jeff Karlson i) Consider Second Reading of Ordinance No. 01-19, Enacting Small Wireless Facility Standards ii) Consider Resolution No. 19-149, Approving Summary Publication of Ordinance No. 01-19 B) Consider Appointment of Police Officer, Karissa Bartholomew 4. PUBLIC SAFETY DEPARTMENT No Report 5. PUBLIC SERVICES DEPARTMENT No Report 6. COMMUNITY DEVELOPMENT DEPARTMENT A) Consider Resolution No. 19-158 Authorizing Submittal of the 2040 Comprehensive Plan to the Metropolitan Council, Kendra Lindahl, Landform B) Houle Estates Second Addition, Katie Larsen i. Consider Resolution No. 19-152 Approving Final Plat ii. Consider Resolution No. 19-153 Approving Development Agreement C) Consider Approval of Resolution No. 19-159, Approving Amendment to 2019 Individual Assessments, Diane Hankee D) Consider Resolution No. 19-155, Approving Final Payment for the 2018 Trunk Watermain and Trail Improvement Project, Diane Hankee E) Consider Resolution 19-162, Accepting 2020 Anoka County Recycling Enhancement Grants 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Following adjournment of the regular meeting, the Council will reconvene for a closed meeting to discuss labor negotiations Community Calendar – A Look Ahead November 25, 2019 through December 9, 2019 Wednesday, November 27 6:30 pm, Council Chambers Environmental Board Monday, December 2 6:00 pm, Community Room Council Work Session Thursday, December 5 8:00 am, Community Room EDAC Monday, December 9 6:30 pm, Council Chambers City Council Meeting Expenditures November 25, 2019 Check #111273 to #111352 $966,587.75 City of Lino Lakes Activity Codes Code Description Code Description 401 Mayor/Council 817 Spring Fling 402 Administration 818 Winter Festival 403 Elections 819 Community Gardens 404 Cable TV 822 Family Corn Roast 405 Charter Administration 827 Gobbler Games 407 Finance 830 Adult Golf Lessons 414 Legal Consultants 835 Youth Skating Class 415 Economic Development 850 Golf Academy 416 Planning & Zoning 856 Youth Soccer 417 Engineering 857 Soccer Fundamentals 418 Community Development 860 Secret Shop 420 Police Protection 864 Preschool Playtime 421 Fire Protection 868 Little Goblins Party 422 Building Inspections 871 Flag Football 430 Streets 875 Snow Day 431 Fleet Management 876 Kite Day 432 Government Buildings 877 Rockin' in the Park 450 Parks 879 Movies in the Park 451 Recreation 890 Senior Programs 461 Environmental 462 Solid Waste Abatement 463 Forestry 494 Water 495 Sanitary Sewer 499 Other 802 Dodgeball Camp 806 Youth T-Ball 808 Youth Baseball Camp 810 Youth Playground 811 Youth Safety Camp 812 Youth Art Camps 814 Senior Programs/Book Club AP Checks by Account Number 11/25/2019 City Council Meeting Vendor Fund/Dept Account Amount Check # Description League of MN Cities Insurance Trust 101-000 101-000-1550-000 0.00 111318 2018-2019 Work Comp Final Audit AFLAC 101-000 101-000-2040-000 167.80 111279 Insurance Premiums NCPERS Group Life Insurance 101-000 101-000-2040-000 288.00 111273 December Life Insurance Premiums Met Council Environmental Services (SAC) 101-000 101-000-2120-000 57,155.00 111323 October 2019 SAC Met Council Environmental Services (SAC) 101-000 101-000-3414-000 -571.55 111323 October 2019 SAC U.S. Bank Visa 101-000 101-000-3730-000 5.99 111349 Coldstone/Reimburse Visa Charge P. Moonen 101-000 Total 57,045.24 League of MN Cities Insurance Trust 101-401 101-401-4151-000 0.00 111318 2018-2019 Work Comp Final Audit Erickson Marsha 101-401 101-401-4343-000 1,280.00 111303 Winter Newsletter Design U.S. Bank Visa 101-401 101-401-4900-000 97.48 111349 Amazon/Thermometer for Benefits Fair U.S. Bank Visa 101-401 101-401-4900-000 32.12 111349 Target/Candy for Windows - Daycare Trick of Treating U.S. Bank Visa 101-401 101-401-4900-000 87.88 111349 Amazon/Ninja Blender for Benefits Fair 101-401 Total 1,497.48 League of MN Cities Insurance Trust 101-402 101-402-4151-000 -144.00 111318 2018-2019 Work Comp Final Audit Abrams & Schmidt LLC 101-402 101-402-4300-000 3,727.50 111274 October Legal Services Martin-McAllister 101-402 101-402-4300-000 550.00 111320 Public Safety Assessment New Hire Police M. Carlson Martin-McAllister 101-402 101-402-4300-000 1,100.00 111320 Public Safety Assessment New Hire Firefighters A. & K. Haffke Hogstad Osterhues Lisa 101-402 101-402-4330-000 46.40 111311 Election Mileage U.S. Bank Visa 101-402 101-402-4330-000 15.39 111349 Amazon/Dare To Lead Book for Administrator U.S. Bank Visa 101-402 101-402-4330-000 25.00 111349 Roseville Area Optimist Club/November Meeting TASC - Client Invoices 101-402 101-402-4410-000 97.65 111344 October Admin Fees 101-402 Total 5,417.94 League of MN Cities Insurance Trust 101-403 101-403-4151-000 -8.00 111318 2018-2019 Work Comp Final Audit U.S. Bank Visa 101-403 101-403-4200-000 43.53 111349 Pizza T/Pizza for Election Judges at Precinct 6 U.S. Bank Visa 101-403 101-403-4200-000 155.66 111349 Target/Fruit Bowls for 7 Precincts & Bagels for Election Setup Centennial Community Education 101-403 101-403-4410-000 160.00 111289 Election Polling Event Supervisor 101-403 Total 351.19 League of MN Cities Insurance Trust 101-404 101-404-4151-000 -2.00 111318 2018-2019 Work Comp Final Audit 101-404 Total -2.00 TimeSaver Off-Site Secretarial 101-405 101-405-4300-000 180.00 111347 Charter Commission Meeting 101-405 Total 180.00 League of MN Cities Insurance Trust 101-407 101-407-4151-000 67.00 111318 2018-2019 Work Comp Final Audit City of Roseville 101-407 101-407-4310-000 1,167.00 111294 2019 Adobe Licensing City of Roseville 101-407 101-407-4310-000 11,657.00 111294 November IT Services City of Roseville 101-407 101-407-4310-000 3,101.00 111294 2019 Virtual Server/Storage U.S. Bank Visa 101-407 101-407-4330-000 15.00 111349 MNGFOA/October Monthly Meeting - Evidenced Based Budgeting U.S. Bank Visa 101-407 101-407-4330-000 325.00 111349 MNCPA/Audits of Local Government Conference 101-407 Total 16,332.00 GDO Law 101-414 101-414-4303-000 336.00 111307 Legal Forfeitures GDO Law 101-414 101-414-4303-000 8,500.00 111307 October Legal Prosecutor Contract 101-414 Total 8,836.00 League of MN Cities Insurance Trust 101-415 101-415-4151-000 -35.00 111318 2018-2019 Work Comp Final Audit WSB & Associates Inc. 101-415 101-415-4300-000 803.00 111352 September NE Tech Corridor WSB & Associates Inc. 101-415 101-415-4300-000 377.00 111352 September Legacy at Woods Edge Brochure Update 101-415 Total 1,145.00 League of MN Cities Insurance Trust 101-416 101-416-4151-000 -6.00 111318 2018-2019 Work Comp Final Audit WSB & Associates Inc. 101-416 101-416-4300-000 267.00 111352 September 2019 Miscellaneous Escrow Account Review 101-416 Total 261.00 WSB & Associates Inc. 101-417 101-417-4300-000 2,305.50 111352 September 2019 Private Utility Permits WSB & Associates Inc. 101-417 101-417-4300-000 5,180.00 111352 September 2019 General Engineering Services WSB & Associates Inc. 101-417 101-417-4300-000 1,144.50 111352 September Standard Specifications Review & Update WSB & Associates Inc. 101-417 101-417-4300-000 287.00 111352 September 2019 MS4 Services WSB & Associates Inc. 101-417 101-417-4300-000 370.00 111352 September Traffic Safety Committee 101-417 Total 9,287.00 League of MN Cities Insurance Trust 101-418 101-418-4151-000 20.00 111318 2018-2019 Work Comp Final Audit 101-418 Total 20.00 League of MN Cities Insurance Trust 101-420 101-420-4151-000 1,294.00 111318 2018-2019 Work Comp Final Audit Staples Business Credit 101-420 101-420-4200-000 177.04 111342 Desk Calendars Post-it Notes Pens Highlighters U.S. Bank Visa 101-420 101-420-4200-000 66.00 111349 MN County Attorney Association/State Forfieture Forms U.S. Bank Visa 101-420 101-420-4200-000 75.00 111349 Northwestern University/ SPSC Certificate U.S. Bank Visa 101-420 101-420-4200-000 79.99 111349 Amazon/USB Flash Drives U.S. Bank Visa 101-420 101-420-4211-000 19.93 111349 Amazon/AA Batteries for Patrol Page 1 AP Checks by Account Number 11/25/2019 City Council Meeting Vendor Fund/Dept Account Amount Check # Description U.S. Bank Visa 101-420 101-420-4211-000 13.99 111349 Amazon/Replacement Rollers for PD Report Writing Printer U.S. Bank Visa 101-420 101-420-4211-000 106.78 111349 Chewy.com/Canine Food U.S. Bank Visa 101-420 101-420-4211-000 19.99 111349 Amazon/9-V Batteries for PD Tools U.S. Bank Visa 101-420 101-420-4213-000 521.84 111349 First American Hotel & Suites/Lodging for Explorer Advisors U.S. Bank Visa 101-420 101-420-4321-000 -2,550.00 111349 Verizon Wireless- Bill Credit U.S. Bank Visa 101-420 101-420-4321-000 954.31 111349 Verizon Wireless U.S. Bank Visa 101-420 101-420-4321-000 1,657.50 111349 Verizon Wireless U.S. Bank Visa 101-420 101-420-4321-000 889.30 111349 Verizon Wireless U.S. Bank Visa 101-420 101-420-4321-000 728.79 111349 Verizon Wireless MHSRC/Range 101-420 101-420-4330-000 870.00 111325 Class M. DeMars & M. Christensen U.S. Bank Visa 101-420 101-420-4330-000 262.98 111349 Doubletree Hotels/International Association of Chiefs of Police U.S. Bank Visa 101-420 101-420-4330-000 75.00 111349 MN BCA/DMT Recertification M. Rumpsa U.S. Bank Visa 101-420 101-420-4330-000 224.95 111349 Fresh Air Educators/ATV Safety Courses U.S. Bank Visa 101-420 101-420-4330-000 268.06 111349 Holiday Inn/Lodging W. Owens U.S. Bank Visa 101-420 101-420-4330-000 75.00 111349 MN BCA/DMT Recertification M. Paulson Aspen Mills Inc. 101-420 101-420-4370-000 97.90 111287 Uniform Allowance S. Wagner Aspen Mills Inc. 101-420 101-420-4370-000 35.00 111287 Uniform Allowance P. Noll Streicher's Inc. 101-420 101-420-4370-000 194.99 111343 Uniform Allowance C. Boehme U.S. Bank Visa 101-420 101-420-4370-000 113.90 111349 Aspen Mills/Uniform Allowance J. Swenson Connexus Energy 101-420 101-420-4381-000 30.35 111296 Electric Anoka County Central Communications 101-420 101-420-4410-000 900.00 111281 3rd Quarter State Access Fee - Criminal Justice Data Network Metro Sales Incorporated 101-420 101-420-4410-000 43.75 111324 Copier Maintenance Contract Ricoh MP 4001SP U.S. Bank Visa 101-420 101-420-4410-000 100.00 111349 PackTrack/Canine Tracking Program 101-420 Total 7,346.34 League of MN Cities Insurance Trust 101-421 101-421-4151-000 -2,265.00 111318 2018-2019 Work Comp Final Audit Centennial Tech Club 101-421 101-421-4200-000 30.00 111290 Locker Name Plates & PAR Tags U.S. Bank Visa 101-421 101-421-4211-000 92.80 111349 Amazon/Glass Removal Tool Replacement Blade Menards - Forest Lake 101-421 101-421-4240-000 162.67 111321 Small Tools U.S. Bank Visa 101-421 101-421-4240-000 17.99 111349 Amazon/Fan U.S. Bank Visa 101-421 101-421-4321-000 105.03 111349 Verizon Wireless U.S. Bank Visa 101-421 101-421-4321-000 105.03 111349 Verizon Wireless U.S. Bank Visa 101-421 101-421-4321-000 42.87 111349 Verizon Wireless U.S. Bank Visa 101-421 101-421-4321-000 97.50 111349 Verizon Wireless U.S. Bank Visa 101-421 101-421-4321-000 -150.00 111349 Verizon Wireless- Bill Credit U.S. Bank Visa 101-421 101-421-4330-000 634.79 111349 Fairfield by Marriott/Lodging Fire Chief's Conference-B. Finke U.S. Bank Visa 101-421 101-421-4330-000 634.79 111349 Fairfield by Marriott/Lodging Fire Chief's Conference-D.L'Allier Advanced Graphix Inc. 101-421 101-421-4370-000 11.00 111278 Helmet Name U.S. Bank Visa 101-421 101-421-4370-000 108.48 111349 Conway Shield/Leather Helmet Shield U.S. Bank Visa 101-421 101-421-4452-000 265.00 111349 IAFC/Membership Renewal J. Swenson U.S. Bank Visa 101-421 101-421-4452-000 215.00 111349 International Association of Fire Chiefs/D. L'Allier Membership 101-421 Total 107.95 League of MN Cities Insurance Trust 101-422 101-422-4151-000 95.00 111318 2018-2019 Work Comp Final Audit U.S. Bank Visa 101-422 101-422-4321-000 156.21 111349 Verizon Wireless U.S. Bank Visa 101-422 101-422-4321-000 156.09 111349 Verizon Wireless U.S. Bank Visa 101-422 101-422-4330-000 810.00 111349 U of MN/Annual School B. Finke & P. Moonen U.S. Bank Visa 101-422 101-422-4330-000 230.00 111349 U of MN/Erosion Control Re-certification B. Finke & P. Moonen U.S. Bank Visa 101-422 101-422-4370-000 69.98 111349 Runnings/Uniform Allowance P. Moonen Mid-America Business Systems 101-422 101-422-4410-000 1,212.75 111327 Document Scanning 101-422 Total 2,730.03 League of MN Cities Insurance Trust 101-430 101-430-4151-000 1,451.00 111318 2018-2019 Work Comp Final Audit Hardwood Creek Lumber Inc. 101-430 101-430-4211-000 191.50 111309 Hubs Hugo Equipment Company 101-430 101-430-4211-000 782.53 111312 Chainsaw PPE Fastenal Company 101-430 101-430-4223-000 42.96 111305 Hardware for Signs U.S. Bank Visa 101-430 101-430-4240-000 193.00 111349 Home Depot/Tools for Streets Workshop U.S. Bank Visa 101-430 101-430-4321-000 42.82 111349 Verizon Wireless U.S. Bank Visa 101-430 101-430-4321-000 42.87 111349 Verizon Wireless U.S. Bank Visa 101-430 101-430-4330-000 325.00 111349 U of MN/2019 MN Water Resources Conference T. Payne U.S. Bank Visa 101-430 101-430-4330-000 145.00 111349 Freshwater Society/Road Salt Symposium 2019 T. Payne U.S. Bank Visa 101-430 101-430-4330-000 145.00 111349 Freshwater Society/Salt Symposium T. Meckle Connexus Energy 101-430 101-430-4385-000 1,460.82 111296 Electric Rivard Electric Company Inc. 101-430 101-430-4385-000 616.00 111340 Street Light Repair & New Fixtures SealTech Inc. 101-430 101-430-4410-000 10,000.00 111341 2019 Crack Repair of Various City Streets Page 2 AP Checks by Account Number 11/25/2019 City Council Meeting Vendor Fund/Dept Account Amount Check # Description U.S. Bank Visa 101-430 101-430-4415-000 221.70 111349 Penske/Truck Rental for Voting Equipment 101-430 Total 15,660.20 League of MN Cities Insurance Trust 101-431 101-431-4151-000 113.00 111318 2018-2019 Work Comp Final Audit O'Reilly Automotive Stores 101-431 101-431-4211-000 23.88 111334 Stock Carburetor Cleaner Mansfield Oil Company 101-431 101-431-4212-000 2,636.36 111319 1001 Dyed 70/30 B3.5 ULS Cold Pro Mansfield Oil Company 101-431 101-431-4212-000 5,640.97 111319 2479 Conv 87 Oct E-10 U.S. Bank Visa 101-431 101-431-4212-000 51.16 111349 Kwik Trip/12.2 Gal. of Gas Squad #600 & 8.691 Gal. for #618 U.S. Bank Visa 101-431 101-431-4212-000 15.85 111349 Bill's Superette/Non-Oxy Gas for Can at Fire Station #1 U.S. Bank Visa 101-431 101-431-4212-000 80.42 111349 Bill's Superette/25 Gal of Non-Oxy Gas for Small Engines Aspen Equipment Company 101-431 101-431-4221-000 45.24 111286 Snow Plow Relief Valves Auto Nation Ford White Bear Lake 101-431 101-431-4221-000 80.36 111288 #383 Oil Cooler Inlet Tube Hose Assembly Auto Nation Ford White Bear Lake 101-431 101-431-4221-000 275.99 111288 #619 Socket Assembly Auto Nation Ford White Bear Lake 101-431 101-431-4221-000 32.94 111288 #392 Wiper Arm Assembly Auto Nation Ford White Bear Lake 101-431 101-431-4221-000 275.99 111288 #382 Socket Assembly Factory Motor Parts Company 101-431 101-431-4221-000 145.52 111304 #230 Battery Factory Motor Parts Company 101-431 101-431-4221-000 481.50 111304 Stock Brakes Factory Motor Parts Company 101-431 101-431-4221-000 53.17 111304 #250 Valve Asy Factory Motor Parts Company 101-431 101-431-4221-000 112.51 111304 #250 Battery Frattallone's/Circle Pines Ace 101-431 101-431-4221-000 13.07 111306 Supplies for Ceiling Light Installation in Shop Hydraulics Plus & Consulting 101-431 101-431-4221-000 326.15 111313 Ditch Mower Attachment O'Reilly Automotive Stores 101-431 101-431-4221-000 -2.79 111334 #502 Transmission Filter Exchange O'Reilly Automotive Stores 101-431 101-431-4221-000 35.40 111334 Stock Wiper Blade O'Reilly Automotive Stores 101-431 101-431-4221-000 11.57 111334 Stock Plugs O'Reilly Automotive Stores 101-431 101-431-4221-000 35.10 111334 Stock Filters O'Reilly Automotive Stores 101-431 101-431-4221-000 4.35 111334 Stock Oil Filter Power Plan OIB 101-431 101-431-4221-000 257.16 111335 #224 Kit U.S. Bank Visa 101-431 101-431-4221-000 18.67 111349 Amazon/Stock Hitch Pins U.S. Bank Visa 101-431 101-431-4221-000 26.98 111349 Amazon/Stock Wire Loom U.S. Bank Visa 101-431 101-431-4221-000 144.30 111349 Cargo Equipment/Steel Ratchet Straps U.S. Bank Visa 101-431 101-431-4221-000 22.58 111349 Amazon/#506 Air Pressure Gauge U.S. Bank Visa 101-431 101-431-4221-000 17.32 111349 Amazon/Trailer Wiring Adapter U.S. Bank Visa 101-431 101-431-4240-000 1,249.99 111349 Ebay/Thermal Image U.S. Bank Visa 101-431 101-431-4240-000 36.40 111349 Amazon/Security Hex Socket Power Plan OIB 101-431 101-431-4300-000 7,452.04 111335 #224 Hydraulic Overheat Repair Thomas Motors Inc. 101-431 101-431-4300-000 90.00 111346 #215 Annual DOT Inspection Thomas Motors Inc. 101-431 101-431-4300-000 90.00 111346 #413 Annual DOT Inspection Thomas Motors Inc. 101-431 101-431-4300-000 90.00 111346 #200 Annual DOT Inspection Thomas Motors Inc. 101-431 101-431-4300-000 90.00 111346 #260 Annual DOT Inspection Thomas Motors Inc. 101-431 101-431-4300-000 90.00 111346 #210 Annual DOT Inspection Thomas Motors Inc. 101-431 101-431-4300-000 90.00 111346 #218 Annual DOT Inspection Thomas Motors Inc. 101-431 101-431-4300-000 1,045.95 111346 #200 Break Drums Repair Thomas Motors Inc. 101-431 101-431-4300-000 90.00 111346 #239 Annual DOT Inspection AmeriPride Services Inc. 101-431 101-431-4410-000 71.27 111280 Shop Towel Services AmeriPride Services Inc. 101-431 101-431-4410-000 69.50 111280 Shop Towel Services AmeriPride Services Inc. 101-431 101-431-4410-000 71.27 111280 Shop Towel Services Emergency Apparatus Maintenance 101-431 101-431-4410-000 1,575.43 111302 #609 Tanker T-21 Repair U.S. Bank Visa 101-431 101-431-4410-000 12.88 111349 Amazon/Squad Door Protective Edging 101-431 Total 23,189.45 League of MN Cities Insurance Trust 101-432 101-432-4151-000 -27.00 111318 2018-2019 Work Comp Final Audit CES Imaging 101-432 101-432-4200-000 14.03 111293 Plotter/Scanner Supply Shipping J.P. Cooke Company Inc. 101-432 101-432-4200-000 45.95 111315 Custom Stamper U.S. Bank Visa 101-432 101-432-4200-000 10.49 111349 Amazon/2020 Calendar U.S. Bank Visa 101-432 101-432-4200-000 14.38 111349 Amazon/Outlet Power Strips U.S. Bank Visa 101-432 101-432-4200-000 120.00 111349 Minnesota Secretary Of State/Notary Commission Renewal L.Hogstad U.S. Bank Visa 101-432 101-432-4200-000 13.95 111349 Amazon/2020 Calendar U.S. Bank Visa 101-432 101-432-4200-000 26.98 111349 Amazon/External CD/DVD Drive U.S. Bank Visa 101-432 101-432-4211-000 110.00 111349 Image Printing & Graphics/Community Resources Sign Coverall of the Twin Cities 101-432 101-432-4211-500 749.00 111298 November Commercial Cleaning Services Menards - Forest Lake 101-432 101-432-4211-500 -93.89 111321 Refund for Pallets from Order #17240 Coverall of the Twin Cities 101-432 101-432-4211-501 280.00 111298 November Commercial Cleaning Services Frattallone's/Circle Pines Ace 101-432 101-432-4211-501 11.97 111306 Plumbing Supplies Coverall of the Twin Cities 101-432 101-432-4211-502 362.00 111298 November Commercial Cleaning Services Page 3 AP Checks by Account Number 11/25/2019 City Council Meeting Vendor Fund/Dept Account Amount Check # Description Coverall of the Twin Cities 101-432 101-432-4211-503 2,292.00 111298 November Commercial Cleaning Services Coverall of the Twin Cities 101-432 101-432-4211-503 1,094.00 111298 November Commercial Cleaning Services Dalco Inc. 101-432 101-432-4211-503 709.03 111300 Liners Hand Cleaner Urinal Screen U.S. Bank Visa 101-432 101-432-4211-503 344.00 111349 HeartSmart.com/Replacement Battery and Pads Craig Severson Construction 101-432 101-432-4300-000 3,178.00 111299 Paint Senior Center Anoka County Treasury Office 101-432 101-432-4300-500 75.00 111285 November Broadband Anoka County Treasury Office 101-432 101-432-4300-501 75.00 111285 November Broadband Anoka County Treasury Office 101-432 101-432-4300-503 75.00 111285 November Broadband City of Roseville 101-432 101-432-4321-000 1,501.00 111294 November Phone Services TDS Metrocom MN 101-432 101-432-4321-000 247.08 111345 Phone Service Comcast 101-432 101-432-4321-502 317.97 111295 November Phone & Internet Connexus Energy 101-432 101-432-4381-500 913.75 111296 Electric CenterPoint Energy 101-432 101-432-4383-500 53.65 111292 Natural Gas-1189 Main Street CenterPoint Energy 101-432 101-432-4383-500 56.92 111292 Natural Gas-1189 Main Street CenterPoint Energy 101-432 101-432-4383-500 15.00 111292 Natural Gas-1187 Main Street CenterPoint Energy 101-432 101-432-4383-501 15.49 111292 Natural Gas-7741 Lake Drive CenterPoint Energy 101-432 101-432-4383-502 117.97 111292 Natural Gas-1710 Birch Street Centennial Utilities 101-432 101-432-4383-503 1,304.24 111291 Natural Gas-600 Town Center Pkwy Ace Solid Waste Inc. 101-432 101-432-4384-500 320.73 111276 Trash & Recycling - 1189 Main Street Ace Solid Waste Inc. 101-432 101-432-4384-500 53.00 111276 Commingle Recycling 1189 Main Street Ace Solid Waste Inc. 101-432 101-432-4384-501 71.34 111276 Trash & Recycling - 7741 Lake Drive Ace Solid Waste Inc. 101-432 101-432-4384-501 0.00 111276 Can Recycling Fire Station #1 Ace Solid Waste Inc. 101-432 101-432-4384-502 132.71 111276 Trash & Recycling - 1710 Birch Street Ace Solid Waste Inc. 101-432 101-432-4384-502 0.00 111276 Can Recycling Fire Station #2 Ace Solid Waste Inc. 101-432 101-432-4384-503 388.77 111276 Trash & Recycling - 640 Town Center Pkwy Republic Services #894 101-432 101-432-4384-503 118.17 111339 November Organic Recycling City Hall Metro Sales Incorporated 101-432 101-432-4410-500 97.55 111324 Copier Maintenance Contract Ricoh MP C306SPF Premium Waters Inc. 101-432 101-432-4410-500 39.74 111336 Kandiyohi Water AmeriPride Services Inc. 101-432 101-432-4410-501 136.99 111280 Mats AmeriPride Services Inc. 101-432 101-432-4410-501 139.04 111280 Mats AmeriPride Services Inc. 101-432 101-432-4410-502 159.82 111280 Mats AmeriPride Services Inc. 101-432 101-432-4410-502 159.82 111280 Mats AmeriPride Services Inc. 101-432 101-432-4410-502 157.46 111280 Mats AmeriPride Services Inc. 101-432 101-432-4410-503 270.76 111280 Mats Metro Sales Incorporated 101-432 101-432-4410-503 359.69 111324 Copier Maintenance Contract Ricoh MP 6002SP & C3504 Nardini Fire Equipment Co 101-432 101-432-4410-503 65.80 111331 Recharge ABC Fire Extinguishers Nardini Fire Equipment Co 101-432 101-432-4410-503 253.80 111331 Recharge Fire Extinguishers 101-432 Total 16,948.15 League of MN Cities Insurance Trust 101-450 101-450-4151-000 -369.00 111318 2018-2019 Work Comp Final Audit Frattallone's/Circle Pines Ace 101-450 101-450-4211-000 13.62 111306 Fasteners Menards - Forest Lake 101-450 101-450-4211-000 -34.65 111321 Crestone Straight Return Menards - Forest Lake 101-450 101-450-4211-000 111.91 111321 Concrete Seal Hose Repair Kits Crestone Straight U.S. Bank Visa 101-450 101-450-4211-000 130.00 111349 Northway Irr./Main St. Winteralization U.S. Bank Visa 101-450 101-450-4211-000 317.65 111349 Rock Gardens/Plant Material for Marshan Sign & Spruce Tops U.S. Bank Visa 101-450 101-450-4211-000 96.57 111349 Home Depot/ Lumber & Hardware for Boardwalk Repair U.S. Bank Visa 101-450 101-450-4211-000 113.05 111349 West Coast Netting Inc./Maintenance Supplies U.S. Bank Visa 101-450 101-450-4211-000 515.95 111349 Site One/Maint. Supplies U.S. Bank Visa 101-450 101-450-4211-000 44.87 111349 Home Depot/ Lumber for Boardwalk Repair Rivard Electric Company Inc. 101-450 101-450-4300-000 1,500.00 111340 Repair Weather Proof Receptacles Boxes & Poles WSB & Associates Inc. 101-450 101-450-4300-000 2,543.75 111352 September 2019 Trail Project U.S. Bank Visa 101-450 101-450-4321-000 112.44 111349 Verizon Wireless U.S. Bank Visa 101-450 101-450-4321-000 94.41 111349 Verizon Wireless Connexus Energy 101-450 101-450-4381-000 67.80 111296 Electric Centennial Utilities 101-450 101-450-4383-000 35.78 111291 Natural Gas-7204 Lake Drive Centennial Utilities 101-450 101-450-4383-000 49.85 111291 Natural Gas-6918 Sunrise Centennial Utilities 101-450 101-450-4383-000 26.10 111291 Natural Gas-6811 Lake Drive CenterPoint Energy 101-450 101-450-4383-000 17.95 111292 Natural Gas-6520 Pheasant Run CenterPoint Energy 101-450 101-450-4383-000 15.00 111292 Natural Gas-1179 Main Street Ace Solid Waste Inc. 101-450 101-450-4384-000 207.91 111276 Trash & Recycling - Sunrise Park 101-450 Total 5,610.96 League of MN Cities Insurance Trust 101-451 101-451-4151-000 -368.00 111318 2018-2019 Work Comp Final Audit Erickson Marsha 101-451 101-451-4343-000 1,280.00 111303 Winter Newsletter Design Page 4 AP Checks by Account Number 11/25/2019 City Council Meeting Vendor Fund/Dept Account Amount Check # Description 101-451 Total 912.00 League of MN Cities Insurance Trust 101-461 101-461-4151-000 -40.00 111318 2018-2019 Work Comp Final Audit U.S. Bank Visa 101-461 101-461-4321-000 106.95 111349 Verizon Wireless U.S. Bank Visa 101-461 101-461-4321-000 73.45 111349 Verizon Wireless U.S. Bank Visa 101-461 101-461-4330-000 325.00 111349 U of MN/Water Resource Conference M. Asleson 101-461 Total 465.40 League of MN Cities Insurance Trust 101-462 101-462-4151-000 -50.00 111318 2018-2019 Work Comp Final Audit Ace Solid Waste Inc. 101-462 101-462-4410-000 165.56 111276 Organic Recycling - Birch Park Ace Solid Waste Inc. 101-462 101-462-4410-000 205.76 111276 Organic Recycling - Marshan Park Ace Solid Waste Inc. 101-462 101-462-4410-000 80.35 111276 Organic Recycling - Clearwater Creek U.S. Bank Visa 101-462 101-462-4410-000 196.92 111349 Custom Inc./BHD T-Shirt U.S. Bank Visa 101-462 101-462-4410-000 39.09 111349 Subway/Sandwiches for Volunteers BHD 101-462 Total 637.68 League of MN Cities Insurance Trust 101-463 101-463-4151-000 -42.00 111318 2018-2019 Work Comp Final Audit 101-463 Total -42.00 Acts-treme Talent LLC 201-000 201-000-1550-000 600.00 111277 Band Deposit for Rocking in the Park League of MN Cities Insurance Trust 201-000 201-000-1550-000 0.00 111318 2018-2019 Work Comp Final Audit U.S. Bank Visa 201-000 201-000-1550-000 130.00 111349 Chanhassen Dinner Theatres/Deposit for March Music Man Show U.S. Bank Visa 201-000 201-000-1550-000 23.96 111349 Amazon/Books for April Book Club U.S. Bank Visa 201-000 201-000-1550-000 31.96 111349 Amazon/Books for March Book Club 201-000 Total 785.92 League of MN Cities Insurance Trust 201-200 201-200-4151-000 39.00 111318 2018-2019 Work Comp Final Audit 201-200 Total 39.00 U.S. Bank Visa 201-205 201-205-4211-827 149.95 111349 Target/Gift Cards & Pies for Gobbler Games U.S. Bank Visa 201-205 201-205-4211-827 32.40 111349 Walmart/Juice Boxes for Gobbler Games U.S. Bank Visa 201-205 201-205-4211-827 30.00 111349 Image Printing/Banner Update for Gobbler Games U.S. Bank Visa 201-205 201-205-4211-827 10.70 111349 Target/Halloween Candy for City Hall Trick or Treaters U.S. Bank Visa 201-205 201-205-4211-827 9.63 111349 Oriental Trading Co. /Little Goblins Party & Game Supplies U.S. Bank Visa 201-205 201-205-4211-868 16.43 111349 Oriental Trading Co. /Little Goblins Party & Game Supplies U.S. Bank Visa 201-205 201-205-4211-868 4.17 111349 Target/Tape for Little Goblins Party U.S. Bank Visa 201-205 201-205-4211-890 812.50 111349 Chanhassen Dinner Theatres/Mamma Mia Tickets on 11/13/19 Centennial Community Education 201-205 201-205-4412-827 341.25 111289 Facility Rental for Gobbler Games 201-205 Total 1,407.03 U.S. Bank Visa 201-208 201-208-4211-856 253.05 111349 Blaine Custom Apparel & Awards/Trophies for Fall Soccer 201-208 Total 253.05 League of MN Cities Insurance Trust 205-000 205-000-1550-000 0.00 111318 2018-2019 Work Comp Final Audit 205-000 Total 0.00 League of MN Cities Insurance Trust 205-497 205-497-4151-000 18.00 111318 2018-2019 Work Comp Final Audit 205-497 Total 18.00 Twin Cities Transport & Recovery 207-420 207-420-4300-000 85.00 111348 ICR #19-268413 Chevrolet Equinox Lt Twin Cities Transport & Recovery 207-420 207-420-4300-000 85.00 111348 ICR #18-285111 Toyota Corolla 207-420 Total 170.00 Twin Cities Transport & Recovery 208-420 208-420-4300-000 85.00 111348 ICR #19-053068 Toyota RAV4 U.S. Bank Visa 208-420 208-420-4330-000 268.06 111349 Holiday Inn/Lodging A. Halverson U.S. Bank Visa 208-420 208-420-4330-000 268.06 111349 Holiday Inn/Lodging T. Vang 208-420 Total 621.12 Craig Severson Construction 401-432 401-432-5000-000 2,625.00 111299 Fire Station #1 Renovation Craig Severson Construction 401-432 401-432-5000-000 4,351.00 111299 Fire Station #1 Renovation Craig Severson Construction 401-432 401-432-5000-000 3,583.00 111299 Fire Station #1 Renovation Menards - Forest Lake 401-432 401-432-5000-000 87.33 111321 Fire Station #1 Bathroom Remodeling Supplies Menards - Forest Lake 401-432 401-432-5000-000 51.96 111321 Fire Station #1 Bathrooms Paint O'B's Countertops & Cabinets Inc. 401-432 401-432-5000-000 820.00 111332 Install Four Bathroom Vanitiers Valley Creek Builders LLC 401-432 401-432-5000-000 27,865.00 111350 Fire Station #1 Remodel White Bear Glass 401-432 401-432-5000-000 1,008.37 111351 Mirror Install and Furnish 401-432 Total 40,391.66 WSB & Associates Inc. 405-499 405-499-4304-120 3,283.25 111352 September Woods Edge Park Final Design 405-499 Total 3,283.25 NADEAU DANIEL 406-000 406-000-2020-000 15.60 111330 Refund Check 011416-000 6494 VAUGHAN CT 406-000 Total 15.60 WSB & Associates Inc. 406-499 406-499-4304-000 218.00 111352 September Feasibility Study and Test Well Design and Analysis WSB & Associates Inc. 406-499 406-499-4304-000 54.50 111352 September NE Tech Corridor Utility Study WSB & Associates Inc. 406-499 406-499-4304-122 606.00 111352 September Lake Dr. Bituminous Trl & Birch St Watermain Looping Page 5 AP Checks by Account Number 11/25/2019 City Council Meeting Vendor Fund/Dept Account Amount Check # Description WSB & Associates Inc. 406-499 406-499-4304-127 1,690.00 111352 September Water Tower No. 3 Dresel Contracting Inc. 406-499 406-499-4400-122 11,853.52 111301 2018 Trunk Watermain & Trail Project 406-499 Total 14,422.02 WSB & Associates Inc. 421-499 421-499-4304-000 1,536.00 111352 September 2019 Lino Lakes Pavement Management WSB & Associates Inc. 421-499 421-499-4304-126 700.00 111352 September 2019 Road Improvement Project 421-499 Total 2,236.00 Anoka County Court Administrator 422-499 422-499-5140-125 386,800.00 111282 PIN No. 14-31-22-12-0002 NE Drainage Project Anoka County Court Administrator 422-499 422-499-5140-125 67,000.00 111283 PIN No. 14-31-22-13-0002 NE Drainage Project Anoka County Court Administrator 422-499 422-499-5140-125 52,000.00 111284 PIN No. 14-31-22-14-0001 NE Drainage Project 422-499 Total 505,800.00 WSB & Associates Inc. 424-499 424-499-4304-000 1,590.00 111352 September 2019 Surface Water Maintenance Project 424-499 Total 1,590.00 Landform 484-499 484-499-4300-000 396.00 111317 October 2040 Comp Plan 484-499 Total 396.00 WSB & Associates Inc. 485-499 485-499-4304-000 387.00 111352 September LaMotte Area Street & Utility Improvements WSB & Associates Inc. 485-499 485-499-4304-000 25,357.50 111352 September West Shadow Lake Drive Construction Phase 485-499 Total 25,744.50 WSB & Associates Inc. 486-499 486-499-4304-000 186.00 111352 September 2019 Cedar St./ 24th Ave./ Elmcrest Ave. Improvements 486-499 Total 186.00 League of MN Cities Insurance Trust 601-000 601-000-1550-000 0.00 111318 2018-2019 Work Comp Final Audit NADEAU DANIEL 601-000 601-000-2020-000 2.49 111330 Refund Check 011416-000 6494 VAUGHAN CT NADEAU DANIEL 601-000 601-000-2020-000 59.37 111330 Refund Check 011416-000 6494 VAUGHAN CT 601-000 Total 61.86 League of MN Cities Insurance Trust 601-494 601-494-4151-000 59.00 111318 2018-2019 Work Comp Final Audit U.S. Bank Visa 601-494 601-494-4200-000 15.99 111349 Amazon/Wall Mount for Monitor & Keyboard Frattallone's/Circle Pines Ace 601-494 601-494-4211-000 4.79 111306 Heavy Duty Scrub Sponges Core & Main LP 601-494 601-494-4215-000 800.00 111297 Meters Hawkins Inc. 601-494 601-494-4222-000 50.00 111310 Chlorine Cylinder U.S. Bank Visa 601-494 601-494-4240-000 8.97 111349 Home Depot/Sillcock Key U.S. Bank Visa 601-494 601-494-4240-000 37.48 111349 Amazon/Sillcock Keys Muellner Blacktop Inc. 601-494 601-494-4300-000 2,400.00 111329 Patches for Water Main Break WSB & Associates Inc. 601-494 601-494-4304-000 1,606.00 111352 September Well House No. 1 Rehabilitation WSB & Associates Inc. 601-494 601-494-4304-000 1,110.00 111352 September 2019 General Engineering Services WSB & Associates Inc. 601-494 601-494-4304-000 408.75 111352 September 2019 Miscellaneous Escrow Account Review WSB & Associates Inc. 601-494 601-494-4304-000 500.25 111352 September GPS/GIS Miscellaneous Assistance WSB & Associates Inc. 601-494 601-494-4304-129 1,120.00 111352 September Pheasant Hill Water Main Repair TDS Metrocom MN 601-494 601-494-4321-000 39.30 111345 Phone Service U.S. Bank Visa 601-494 601-494-4321-000 47.82 111349 Verizon Wireless U.S. Bank Visa 601-494 601-494-4321-000 205.67 111349 Verizon Wireless U.S. Bank Visa 601-494 601-494-4321-000 205.77 111349 Verizon Wireless U.S. Bank Visa 601-494 601-494-4321-000 47.87 111349 Verizon Wireless Connexus Energy 601-494 601-494-4381-000 1,391.83 111296 Electric CenterPoint Energy 601-494 601-494-4383-000 16.46 111292 Natural Gas-6774 Black Duck Drive CenterPoint Energy 601-494 601-494-4383-000 15.00 111292 Natural Gas-1180 Birch Street CenterPoint Energy 601-494 601-494-4383-000 16.07 111292 Natural Gas-6482 Pheasant Run S CenterPoint Energy 601-494 601-494-4383-000 28.92 111292 Natural Gas-6786 Clearwater Creek Accela Inc. #774375 601-494 601-494-4410-000 270.50 111275 October UB Web Pmts Trans Fees/Active Acct Fee Gopher State One-Call 601-494 601-494-4410-000 282.83 111308 October Tickets Instrumental Research Inc. 601-494 601-494-4410-000 240.00 111314 October Water Testing Olson's Sewer Service Inc. 601-494 601-494-4410-129 11,464.88 111333 Sewer Pipe Repair 1505 Pheasant Hills Circle Read Richard 601-494 601-494-4410-129 5,830.00 111338 1493 Pheasant Hills Cir. 2019 Project - Settlement and Release 601-494 Total 28,224.15 League of MN Cities Insurance Trust 602-000 602-000-1550-000 0.00 111318 2018-2019 Work Comp Final Audit NADEAU DANIEL 602-000 602-000-2020-000 87.03 111330 Refund Check 011416-000 6494 VAUGHAN CT 602-000 Total 87.03 League of MN Cities Insurance Trust 602-495 602-495-4151-000 1,936.00 111318 2018-2019 Work Comp Final Audit U.S. Bank Visa 602-495 602-495-4200-000 15.99 111349 Amazon/Wall Mount for Monitor & Keyboard Menards - Forest Lake 602-495 602-495-4211-000 38.95 111321 Screwdriver & Antifreeze WSB & Associates Inc. 602-495 602-495-4304-000 500.25 111352 September GPS/GIS Miscellaneous Assistance WSB & Associates Inc. 602-495 602-495-4304-000 1,110.00 111352 September 2019 General Engineering Services U.S. Bank Visa 602-495 602-495-4321-000 125.65 111349 Verizon Wireless U.S. Bank Visa 602-495 602-495-4321-000 525.71 111349 Verizon Wireless Page 6 AP Checks by Account Number 11/25/2019 City Council Meeting Vendor Fund/Dept Account Amount Check # Description Connexus Energy 602-495 602-495-4381-000 625.12 111296 Electric Centennial Utilities 602-495 602-495-4383-000 20.01 111291 Natural Gas-Sunrise CenterPoint Energy 602-495 602-495-4383-000 18.70 111292 Natural Gas-6666 Black Duck Drive CenterPoint Energy 602-495 602-495-4383-000 15.98 111292 Natural Gas-1473 Snow Goose Trail CenterPoint Energy 602-495 602-495-4383-000 17.46 111292 Natural Gas-6300 Laurene Ave CenterPoint Energy 602-495 602-495-4383-000 20.55 111292 Natural Gas-2028 Cypress Street CenterPoint Energy 602-495 602-495-4383-000 121.95 111292 Natural Gas-2200 E. Cedar Street Met Council Environmental Services 602-495 602-495-4405-000 81,467.66 111322 December Waste Water Services Accela Inc. #774375 602-495 602-495-4410-000 270.50 111275 October UB Web Pmts Trans Fees/Active Acct Fee Gopher State One-Call 602-495 602-495-4410-000 282.82 111308 October Tickets U.S. Bank Visa 602-495 602-495-4452-000 55.00 111349 MN Pollution Control Agency/Testing Fee U.S. Bank Visa 602-495 602-495-4452-000 390.00 111349 MN Pollution Control Agency/Sewer Class 602-495 Total 87,558.30 WSB & Associates Inc. 801-000 801-000-2300-000 318.00 111352 September Otter Lake Animal Care Center WSB & Associates Inc. 801-000 801-000-2300-000 4,194.00 111352 September Watermark 2nd Addition WSB & Associates Inc. 801-000 801-000-2300-000 795.00 111352 September Lyngblomsten Senior Housing Site Study WSB & Associates Inc. 801-000 801-000-2300-000 695.00 111352 September Stern Addition WSB & Associates Inc. 801-000 801-000-2300-000 980.00 111352 September Larson Minor Subdivision WSB & Associates Inc. 801-000 801-000-2300-000 268.00 111352 September Poehling Addition WSB & Associates Inc. 801-000 801-000-2302-102 2,753.50 111352 September Eastside Villas WSB & Associates Inc. 801-000 801-000-2308-102 199.50 111352 September Century Farms North 7th Addition Kootenia Homes Inc. 801-000 801-000-2318-000 900.00 111316 Escrow Release 6457 Fox Road Kootenia Homes Inc. 801-000 801-000-2318-000 5,425.00 111316 Escrow Release 6445 Fox Road Michael Lee Homes 801-000 801-000-2318-000 2,900.00 111326 Escrow Release 6449 Blackberry Ct WSB & Associates Inc. 801-000 801-000-2323-102 636.00 111352 September Direct Bore Plan Review Press Publications Inc. 801-000 801-000-2323-103 211.50 111337 Ord. No. 09-19 Rezone Property for Direct Bore Inc. WSB & Associates Inc. 801-000 801-000-2328-102 706.50 111352 September Main Street Shoppes 2nd Addition WSB & Associates Inc. 801-000 801-000-2329-102 238.50 111352 September NorthPointe WSB & Associates Inc. 801-000 801-000-2336-102 23,940.25 111352 September Watermark 1st Addition WSB & Associates Inc. 801-000 801-000-2336-102 963.00 111352 September Watermark 2nd Addition WSB & Associates Inc. 801-000 801-000-2342-103 322.50 111352 September Love to Grow On WSB & Associates Inc. 801-000 801-000-2346-102 133.00 111352 September North Pointe 6th Addition WSB & Associates Inc. 801-000 801-000-2347-102 887.50 111352 September Saddle Club 3rd Addition WSB & Associates Inc. 801-000 801-000-2348-102 678.00 111352 September NorthPointe 7th Addition WSB & Associates Inc. 801-000 801-000-2349-102 232.00 111352 September All Seasons Rental WSB & Associates Inc. 801-000 801-000-2352-102 199.50 111352 September Chavez Preserve Preliminary Plat WSB & Associates Inc. 801-000 801-000-2353-102 1,431.00 111352 September St. Clair Estates Midwest Landscapes Inc. 801-000 801-000-2353-106 22,594.00 111328 Landscaping St. Clair Estates WSB & Associates Inc. 801-000 801-000-2359-102 6,759.00 111352 September Saddle Club 4th Addition 801-000 Total 79,360.25 Grand Total 966,587.75 Page 7 Electronic Funds Transfer MN Statute 471.38 Subd. 3 Council Meeting November 25, 2019 Transfer In/(Out) 11/1/2019 HSA Bank ER Contribution (6,541.52) 11/15/2019 Building Permit Surcharge (2,844.34) 11/15/2019 Payroll #23 (130,625.00) 11/15/2019 Payroll #23 Federal Deposit (37,836.64) 11/15/2019 Payroll #23 PERA (41,137.34) 11/15/2019 Payroll #23 State (8,431.73) 11/15/2019 Payroll #23 Child Support (570.70) 11/15/2019 Payroll #23 H.S.A. Bank Pretax (2,924.75) 11/15/2019 Payroll #23 TASC Pretax (1,253.64) 11/15/2019 Payroll #23 ICMA 457 Def. Comp #301596 (4,315.00) 11/15/2019 Payroll #23 ICMA Roth IRA #706155 (535.75) 11/15/2019 Payroll #23 MSRS HCSP #98946-01 (1,244.04) 11/15/2019 Payroll #23 MSRS Def. Comp #98945-01 (3,755.00) 11/15/2019 Payroll #23 MSRS Roth IRS #98945-01 (640.00) 11/20/2019 Sales & Use Tax (4,167.00) 11/20/2019 Wire from 4M Fund (2018A Bond Acct) 200,000.00 11/20/2019 Transfer from FRB MM to Checking 90,000.00 11/20/2019 Wire from 4M Fund (General Acct) 600,000.00 CITY COUNCIL WORK SESSION DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 DATE : November 4, 2019 4 TIME STARTED : 6:00 p.m. 5 TIME ENDED : 8:20 p.m. 6 MEMBERS PRESENT : Council Member Rafferty, Maher, 7 Manthey, Stoesz and Mayor Reinert 8 MEMBERS ABSENT : None 9 10 Staff members present: City Administrator Jeff Karlson; Public Safety Director John 11 Swenson; Community Development Director Michael Grochala; City Planner Katie Larsen; 12 City Engineer Diane Hankee; Finance Director Sarah Cotton 13 14 Susan Vento, Metropolitan Council 15 16 Metropolitan Council Member Susan Vento, who represents District 11, introduced herself to 17 the City Council. Ms. Vento encouraged the Council and staff to contact her about any issues. 18 19 As the District 11 representative, Vento represents the cities of Columbus, Centerville, 20 Linwood, and Lino Lakes in Anoka County, and ten other jurisdictions in the counties of 21 Ramsey and Washington. 22 23 Steve Markuson, Executive Director of Twin Cities Gateway (TCG) 24 25 Steve Markuson appeared before the Council to give an update on Twin Cities Gateway 26 activities and to review the TCG 2020 budget. 27 28 Twin Cities Gateway is a 501(c) (3) organization governed by an 18-member board from the 29 nine member cities. In 1983, the Minnesota legislature enacted a three percent lodging tax that 30 can be used to fund a local convention and tourism bureau for the purpose of marketing and 31 promoting a city or region as a tourist or convention center. According to the statute, the City 32 can retain five percent of the gross proceeds for administration, which it currently does. 33 34 Markuson reported that the occupancy rates within the TCG tourism area are running at an all-35 time high of 65 percent. 36 37 The City of Blaine is the fiscal agent. Any of the nine member cities could take on the fiscal 38 responsibilities, but it would be a board decision to move it to another city. TCG pays $1,500 39 a month for financial services. 40 41 Fund reserves are held in two separate bank accounts. The fund reserve got as high as 42 $678,622, but this was an anomaly because of significant revenue increases that year. 43 44 CITY COUNCIL WORK SESSION DRAFT 2 TCG increased its budget for “destination marketing,” which is for advertisements that are 45 placed in targeted printings such as Explore Minnesota and the State Biking Guide. 46 47 Twin Cities Gateway is upgrading its website, which provides an opportunity for the City to 48 create a link to the TCG site. Staff will work with Markuson to enable this link. 49 50 NE Drainage Improvement Project Update 51 52 Pete Willenbring from WSB and Community Director Michael Grochala updated the Council 53 on the NE Drainage Improvement Project. Willenbring recommended the City alter its plan 54 for an open channel drainage system and instead install a pipe that would drain into Peltier 55 Lake. Willenbring pointed out that the City could eliminate $175,000 of extra wetland 56 mitigation costs by running a poly pipe under the wetlands. The plan alteration could reduce 57 the permitting process by 5-6 months. The Minnesota Pollution Control Agency (MPCA) 58 holds a higher standard than the Rice Creek Watershed District. The City would not need a 59 401 certification from MPCA with a pipe. The City could still do something with a multi-60 functional greenway above the pipe. 61 62 The Council expressed support for the project plan change. 63 64 2040 Comprehensive Plan Update 65 66 In May 2019 the Council authorized distribution of the draft 2040 Comprehensive Plan to 67 adjacent jurisdictions for review and comment. The deadline for comment is November 19. 68 To date, the City has received nine responses. Staff will be working with the consultant team 69 to address substantive comments. Staff is proposing to ask the Council for preliminary 70 approval and authorization to submit the draft plan to the Metropolitan Council at its 71 November 25, 2019 meeting. 72 73 I-35E AUAR Five-Year Update 74 75 WSB has prepared a proposal to complete an update of the I-35E Corridor Alternative Urban 76 Areawide Review (AUAR) at a cost of $33,272. The original environmental review document 77 was adopted by the Council in October 2005. 78 79 The Council agreed to staff’s request to place on the November 12, 2019 Council agenda. 80 81 Public Safety Department Quarterly Update 82 83 Public Safety Director Swenson presented the Public Safety Department third quarter update. 84 85 2020 Budget 86 87 Finance Director Sarah Cotton informed the Council that management staff was able to reduce 88 the proposed preliminary levy by $60,000 as directed by the City Council. The proposed 89 CITY COUNCIL WORK SESSION DRAFT 3 reductions and reallocation brought down general fund expenditures to an overall increase of 90 $141,342, or 2.0% over 2019. The final budget and levy will be considered by the City 91 Council at its December 9, 2019 meeting. 92 93 Monthly Progress Report 94 95 Marty Asleson’s last day with the City will be November 30, 2019. Staff was directed to 96 invite Marty to the November 25th meeting to be recognized for his many years of service to 97 the City of Lino Lakes. 98 99 The meeting was adjourned at 8:20 p.m. 100 101 These minutes were considered, corrected and approved at the regular Council meeting held 102 on November 25, 2019. 103 104 105 106 107 Julianne Bartell, City Clerk Jeff Reinert, Mayor 108 109 COUNCIL MINUTES DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 DATE 4 TIME STARTED 5 TIME ENDED 6 MEMBERS PRESENT 7 8 MEMBERS ABSENT : November 12, 2019 : 6:30 p.m. : 7:15 p.m. : Council Member Rafferty, Stoesz and Mayor Reinert : Council Member Maher 9 10 Staff members present: City Administrator Jeff Karlson; Community Development Director 11 Michael Grochala; City Planner Katie Larsen; Finance Director Sarah Cotton; City Engineer Diane 12 Hankee; Director of Public Safety John Swenson; and City Clerk Julie Bartell 13 14 PUBLIC COMMENT 15 16 Chuck Wiegmann, 7109 Sunrise Dr, spoke about a stop order that he has received regarding repairs 17 to his well. He prefers well water; doesn’t like the chemicals included in the City water. He 18 would like the opportunity to continue with his well project. 19 20 Community Development Director Grochala explained that the City Code requires connection to 21 municipal utilities when well or septic systems fail. Mayor Reinert asked for the definition of 22 “failure”. City Engineer Hankee said the city attorney has confirmed the requirement for well 23 replacement. 24 25 Mayor Reinert said he will work with staff to get all the details on the matter and he (the mayor) 26 will personally follow up with Mr. Wiegmann. 27 28 SETTING THE AGENDA 29 30 The agenda was approved as presented. 31 32 CONSENT AGENDA 33 34 Council Member Manthey moved to approve the Consent Agenda, Items 1A through 1D, as 35 presented. Council Member Stoesz seconded the motion. Motion carried on a voice vote. 36 37 ITEM ACTION 38 39 Consideration of Expenditures: 40 41 October 28, 2019 (Check No. 111209 through 111272) 42 in the Amount of $208,807.63 Approved 43 44 October 28, 2019 Council Work Session Minutes Approved 45 46 October 28, 2019, 2019 City Council Meeting Minutes Approved 47 48 COUNCIL MINUTES DRAFT 2 Consider Approval for Aquinas Roman Catholic Home 49 Education to Conduct Excluded Bingo Approved 50 51 FINANCE DEPARTMENT REPORT 52 53 2A) Consider 1st Reading of Ordinance No. 10-19, Establishing the 2020 City Fee Schedule 54 – Finance Director Cotton noted that the council is being requested to consider the first reading of55 an ordinance setting the fee schedule for the coming year. She noted staff’s review of fees and the 56 resulting changes. Second reading will be requested in December. 57 58 Council Member Stoesz moved to approve the first reading of Ordinance No. 10-19 as presented. 59 Council Member Rafferty seconded the motion. Motion carried on a voice vote. 60 61 ADMINISTRATION DEPARTMENT REPORT 62 3A) Consider Resolution No. 19-151, Declaring a City Council Vacancy and Calling for a 63 Special Election to be Held on February 11, 2020 – Administrator Karlson explained the city 64 council vacancy that exists due to the resignation received from Council Member Rafferty (effective 65 December 31, 2019). This resolution proposes that the council set a special election as called for by 66 the City Charter. Anoka County Elections has confirmed that a timeline is possible to conjoin this 67 special election with the special election already scheduled for February 11, 2020. 68 Council Member Stoesz moved to approve Resolution No. 19-151 as presented. Council Member 69 Manthey seconded the motion. Motion carried on a voice vote. 70 71 PUBLIC SAFETY DEPARTMENT REPORT 72 There was no report from the Public Safety Department. 73 74 PUBLIC SERVICES DEPARTMENT REPORT 75 76 There was no report from the Public Services Department. 77 78 COMMUNITY DEVELOPMENT DEPARTMENT REPORT 79 6A) Poehling Addition: i. Consider Resolution No. 19-144 Approving Lot Area Variances; 80 ii. Consider Resolution No. 19-145 Approving Street Setback Variances; iii. Consider81 Resolution No. 19-146 Approving Preliminary Plat – City Planner Larsen reviewed a PowerPoint 82 presentation that included information on the following: 83 -Site location;84 -Existing conditions/history of site;85 - Surrounding Zoning and Land Use;86 -Review of Preliminary Plat;87 - Public Land Dedication;88 -Shoreland Management Overlay;89 -Vegetated Shoreline Buffer;90 -Variances Required – Lot size, Street setback;91 - MnDNR Comments – Denial of lot size variance;92 - Environmental Board and Planning & Zoning Board Recommendations;93 - Findings of Fact for Variances;94 COUNCIL MINUTES DRAFT 3 - Council Consideration (three resolutions). 95 96 Mayor Reinert asked if there is current vegetation on the shoreline and Mr. Poehling said there is an 97 existing buffer on the current lot. Mayor Reinert remarked that he is aware that in the future, rock 98 could be added instead of a buffer (through a permitting process). Ms. Larsen remarked that the 99 Environmental Board and the applicants are both supportive of the vegetation buffer that is 100 proposed. 101 102 Council Member Rafferty confirmed that the buffer zone location requirement is related to the high 103 water mark. 104 105 Council Member Stoesz asked if the City will have to contend with the DNR objection. 106 Community Development Director Grochala said the DNR would have the option of requesting 107 court action. 108 109 Council Member Rafferty moved to approve Resolutions No. 19-144, No. 19-145 and No. 19-146 as 110 presented. Council Member Manthey seconded the motion. Motion carried on a voice vote. 111 112 6B) Consider Resolution No. 19-147 Approving Preliminary Plat for Stern Addition – City 113 Planner Larsen reviewed the basics of the request noting that the request will require no variance 114 consideration. 115 116 Council Member Rafferty thanked staff for their work moving and looking forward. 117 118 Mayor Reinert remarked that the new roadway is looking great. 119 120 Council Member Rafferty moved to approve Resolution No. 19-147 as presented. Council Member 121 Stoesz seconded the motion. Motion carried on a voice vote. 122 123 6C) Consider Resolution No. 19-150 Authorizing Professional Services Contract with WSB, 124 35E Corridor AUAR Five Year Update – Community Development Director Grochala explained 125 that staff is requesting this authorization based on the need to continue updating the document 126 (AUAR). He explained the benefit of maintaining the AUAR; additionally the AUAR is required 127 by state law to be updated every five years. WSB & Associates proposes to provide the necessary 128 services under contract. Funding within the City’s existing budget was explained. Mr. Grochala 129 explained that this would be a more robust update. 130 131 Council Member Manthey moved to approve Resolution No. 19-150 as presented. Council 132 Member Stoesz seconded the motion. Motion carried on a voice vote. 133 134 6D) Consider Resolution No. 19-154, Amending Adopted Assessments, 2019 Individual 135 Properties – City Engineer Hankee recalled that the council adopted individual assessments at the 136 last meeting; this is an addition to that list. An additional property owner has requested connection. 137 138 Council Member Rafferty moved to approve Resolution No. 154 as presented. Council Member 139 Stoesz seconded the motion. Motion carried on a voice vote. 140 141 UNFINISHED BUSINESS 142 COUNCIL MINUTES DRAFT 4 143 There was no Unfinished Business. 144 145 NEW BUSINESS 146 147 There was no New Business. 148 149 COMMUNITY EVENTS 150 151 MONTHLY RECYCLE DAY will be held at Lino Park (7850 Lake Drive) on Saturday, November 152 16th from 10:00 a.m. to 2:00 p.m. See city website for a list of accepted items. 153 154 TURKEY BINGO will be held at St. Joseph’s Church on Sunday, November 24th. 155 156 COMMUNITY CALENDAR 157 158 Community Calendar – A Look Ahead 159 November 12, 2018 through November 25, 2019 160 Wednesday, November 13 6:30 pm, Council Chambers Planning & Zoning Board 161 Monday, November 25 6:00 pm, Community Room Council Work Session 162 Monday, November 25 6:30 pm, Council Chambers City Council Meeting 163 Monday, November 25 following council meeting Closed Session - Labor 164 165 Council Member Manthey offered a special thank you to veterans for their service to the country. 166 167 ADJOURN 168 169 There being no further business, Council Member Rafferty moved to adjourn at 7:15 p.m. Council 170 Member Stoesz seconded the motion. Motion carried on a voice vote. 171 172 These minutes were considered and approved at the regular Council Meeting on November 25, 173 2019. 174 175 176 177 178 Julianne Bartell, City Clerk Jeff Reinert, Mayor 179 180 CANVASSING BOARD MEETING DRAFT 1 CITY OF LINO LAKES 1 MUNICIPAL CANVASSING BOARD 2 MINUTES 3 4 DATE : November 12, 2019 5 TIME STARTED : 6:25 p.m. 6 TIME ENDED : 6:27 p.m. 7 MEMBERS PRESENT : Council Member Stoesz, Manthey, Rafferty, 8 Reinert 9 MEMBERS ABSENT : Council Member Maher 10 11 Staff members present: City Clerk Julie Bartell 12 13 2019 Election Results: Consider acceptance of municipal canvassing board report 14 declaring the results of the November 5, 2019 municipal election – City Clerk Bartell 15 advised that the results of the recent election as it relates to the election of two council 16 and one mayor position were distributed in the packet. The city council is required by 17 law to certify the results and sign the canvassing document as accurate. 18 19 A motion by Council Member Stoesz, seconded by Council Member Rafferty, to approve 20 the Returns of the November 5, 2019 Municipal Election as presented was adopted on a 21 voice vote; Council Member Maher was absent. 22 23 The meeting was adjourned at 6:27 p.m. 24 25 These minutes were considered, corrected and approved at the regular Council meeting held on 26 November 25, 2019. 27 28 29 30 31 Julianne Bartell, City Clerk Jeff Reinert, Mayor 32 33 CITY COUNCIL AGENDA ITEM 1E STAFF ORIGINATOR: Lisa Hogstad-Osterhues, Deputy Clerk MEETING DATE: November 25, 2019 TOPIC: Consider Resolution No. 19-161, Authorizing the Issuance of a Special Event Permit for the Centerville Lions Annual Ice Fishing Event to include an Exempt Raffle Permit and a Temporary On-Sale Liquor License. VOTE REQUIRED: 3/5 INTRODUCTION Gregory Kieselhorst, President and Chief Executive Officer of the Centerville Lions has scheduled a special event for Saturday, February 15, 2020 on Centerville Lake. The event plans include an ice fishing contest, same day raffle, food and liquor sales. This is an annual event. BACKGROUND Mr. Kieselhorst has submitted to the City an application for a Special Event Permit, LG220 Application for Exempt Gambling Permit and a 1-4 Day Temporary On-Sale Liquor License. He has also submitted general liability insurance for the event, approved Anoka County Sheriff Water/Ice Use Permit, Approved DNR Permit to Conduct a Fishing Tournament, approval to use the Anoka County Regional Park boat landing to access the lake for the event and a temporary food license from the Anoka County Environmental Services. The application has been reviewed and approved by staff and the Public Safety Department. The applicant has been provided with a list of safety conditions. The applicant has agreed to comply with the conditions and to address any other safety considerations that may arise. Background information on the applicant is on file in the Deputy City Clerk’s office. RECOMMENDATION Approve Resolution No. 19-161, Authorizing issuance of a special event permit, Gambling and 1-4 Day Liquor License to the Centerville Lions. CITY OF LINO LAKES RESOLUTION NO. 19-161 AUTHORIZING A SPECIAL EVENT FOR AN OUTDOOR ICE FISHING EVENT HOST BY THE CENTERVILLE LIONS WHEREAS, the President of the Centerville Lions has submitted an application for a Special Event Permit, Exempt Gambling Permit and a 1-4 Day Temporary Liquor License; and WHEREAS, the event is planned for February 15, 2020 from 11:00 a.m. to 2:00 p.m. and includes an ice fishing contest on Centerville Lake, raffle, food and alcohol on the lake; and WHEREAS, as part of the event, the applicant would like to allow consumption of alcoholic beverages to be served in an area designated on the lake; and WHEREAS, the applicant has indicated that they will be servings food and therefore required to obtain a Temporary Food License from the Anoka County Environmental Services; and WHEREAS, the applicant has indicated that all patrons or members attending the event will receive a proper identification check to ensure no underage alcohol service will occur; and WHEREAS, the permit has been approved by the Lino Lakes Public Safety Department with certain conditions and recommendations; and WHEREAS, the applicant has obtained a Water/Ice Use Permit from the Anoka County Sheriff’s office; and WHEREAS, the applicant has obtained a DNR Permit to Conduct a Fishing Tournament; and WHEREAS, proof of general liability and liquor liability insurance has been submitted by the applicant; NOW, THEREFORE, BE IT RESOLVED by The City Council of The City of Lino Lakes hereby approves the request of Gregory Kieselhorst, President of the Centerville Lions, for a special event permit on February 15th, 2020 with the conditions recommended by the Public Safety Department. Adopted by the Council of the City of Lino Lakes this 25th day of November, 2019. The motion for the adoption of the foregoing resolution was introduced by Council Member _____________ and was duly seconded by Council Member ___________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: ________________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk CITY COUNCIL AGENDA ITEM 3A STAFF ORIGINATOR: Jeff Karlson, City Administrator MEETING DATE: November 25, 2019 TOPIC: Consider 2nd Reading of Ordinance No. 01-19, Enacting Small Wireless Facility Standards VOTE REQUIRED: 3/5 INTRODUCTION The City Council is being asked to consider the 2nd Reading of Ordinance No. 01-19, Enacting Small Wireless Facility Standards. The first reading was approved October 28, 2019. BACKGROUND Title 300 of the Lino Lakes City Code has been amended by adding a new Chapter 305, which establishes specific requirements for obtaining a Small Wireless Facility Permit for installation, mounting, modification, operation, and replacement of Small Wireless Facilities and installation and replacement of Wireless Support Structures by commercial wireless providers on public and private property, including in the Public Right-of-Way. Small wireless facilities are needed to provide the next generation of wireless services (called 5G), which will allow wireless providers to install lower hanging antennas connected to fiber optic cable, usually attached to utilities poles such as a light pole. A few more revisions were made to the ordinance after the First Reading on October 28, 2019, which are highlighted in red. On page 21, the amendment to § 1007.053 Antennas of the Lino Lakes Zoning Code on page 21 was stricken all together. This section must first be acted upon by the Planning and Zoning Board following a public hearing. RECOMMENDATION Staff recommends the adoption of Ordinance No. 01-19 with the following actions: 1. Dispense with the full reading of the ordinance; 2. Roll call vote for adoption of the ordinance; 3. Approval of Resolution No. 19-149 for summary publication. ATTACHMENTS Ordinance No. 01-19 Resolution No. 19-149 1 1st Reading: Publication: 2nd Reading: Effective: CITY OF LINO LAKES ORDINANCE NO. 01-19 AN ORDINANCE TO ENACT A NEW CHAPTER OF THE CODE OF ORDINANCES RELATING TO SMALL WIRELESS FACILITIES, ESTABLISHING GENERAL STANDARDS, A PERMITTING PROCESS, GENERAL PERMITTING CONDITIONS, AND OTHER REQUIREMENTS WHEREAS, it is anticipated that Wireless Providers will increasingly rely on accessing the Public Right-of-Way of the City of Lino Lakes, Minnesota (the “City”) to Collocate Small Wireless Facilities in order to provide improved service to their subscribers; and WHEREAS, it is anticipated that Wireless Providers will more heavily depend on obtaining use of public infrastructure in the Public Right-of-Way, such as Utility Poles and other Wireless Support Structures, due to a much greater number of antennas being required to provide next generation wireless services; and WHEREAS, it is anticipated that the increased number of antennas will result in economic benefits to the City and its residents; and WHEREAS, the City desires through the passage of this ordinance to develop a process that will allow Wireless Providers to rapidly deploy Small Wireless Facilities while maintaining reasonable standards for the Public Right-of-Way within the City; and WHEREAS, it is necessary and beneficial for the health, safety and welfare of the community to update the City’s zoning regulations for the Collocation of Small Wireless Facilities and installation or replacement of new Wireless Support Structures to accommodate Small Wireless Facilities; and WHEREAS, it is important to accommodate the growing need and demand for telecommunications services while protecting the character of the City and its neighborhoods; and WHEREAS, there is a need to establish standards for location, aesthetics, and compatibility for Small Wireless Facilities, Wireless Support Structures, and their uses; and WHEREAS, there is a need to encourage the availability of affordable, high-speed internet and cellular telephone access for businesses and residents, acknowledging that a growing number of businesses are conducted from remote or off-site locations, that educational institutions increasingly incorporate online and distance learning 2 methodologies, and that government participation and emergency service to the general public are enhanced by fast and reliable cellular and home internet connectivity; and WHEREAS, there have been recent changes to the mandates of the Telecommunications Act of 1996, the Middle Class Tax Relief and Job Creation Act of 2012, and other applicable federal and state laws, including, but not limited to, Minnesota Statutes Sections 237.162 and 237.163, that require the City to update its wireless regulations; and WHEREAS, a mechanism for the permitting of Small Wireless Facilities, Micro Wireless Facilities, and distributed antenna systems telecommunication uses is in the best interest of the citizens of the City; THE CITY COUNCIL OF THE CITY OF LINO LAKES, ANOKA COUNTY, MINNESOTA ORDAINS: SECTION ONE: Title 300 of the Lino Lakes City Code is hereby amended to add new Chapter 305, as follows: Chapter 305: Small Wireless Facilities § 305.01 PURPOSE (1) The purpose of this Chapter is to establish specific requirements for obtaining a Small Wireless Facility Permit for the installation, mounting, modification, operation, and replacement of Small Wireless Facilities and installation or replacement of Wireless Support Structures by commercial Wireless Providers on public and private property, including in the Public Right-of-Way. All other requests for placement of wireless communications equipment in the City shall be in accordance with the City’s zoning code. (2) This Chapter does not apply to any Wireline Facilities, including Wireline Backhaul Facilities. A Wireless Provider must obtain an excavation permit pursuant to Chapter 304 of City Code or other applicable authorization for use of the Public Right-of-Way to construct, install, replace, or modify any Wireline Backhaul Facility, such as fiber optic cable. The granting of a Small Wireless Facility Permit pursuant to this Chapter is not a grant of such authorization. § 305.02 DEFINITIONS In this Chapter, the following terms shall have the meaning ascribed to them below: (1) “Applicable Law” shall mean all applicable federal, state, and local laws, codes, rules, regulations, orders, and ordinances, as the same be amended or adopted from time to time. (2) “Applicant” shall mean any Person submitting a Small Wireless Facility Permit 3 Application under this Chapter. (3) “City” shall mean the City of Lino Lakes, Minnesota. (4) “Collocate” or “Collocation” shall mean to install, mount, maintain, modify, operate, or replace a Small Wireless Facility on, under, within, or adjacent to an existing Wireless Support Structure that is owned privately or by the City. (5) “Days” shall be counted in calendar days unless otherwise specified. When the day, or the last day, for taking any action or paying any fee falls on Saturday, Sunday, or a Federal holiday, the action may be taken, or the fee paid, on the next succeeding secular or business day. (6) “Decorative Pole” shall mean a Utility Pole owned, managed, or operated by or on behalf of the City or any other governmental entity that: (a) is specifically designed and placed for an aesthetic purpose; and (b)(i) on which a nondiscriminatory rule or code prohibits an appurtenance or attachment, other than: (A) a Small Wireless Facility, (B) a specialty designed informational or directional sign; or (C) a temporary holiday or special event attachment; or (ii) on which no appurtenance or attachment has been placed, other than: (A) a Small Wireless Facility, (B) a specialty designed informational or directional sign; or (C) a temporary holiday or special event attachment. (7) “Department” shall mean the Public Services Department of the City. (8) “Design District” shall mean any district within the City within which architectural design elements are required. (9) “Director” shall mean the director of the Department. (10) “Excavate” shall mean to dig into or in any way remove, physically disturb, or penetrate a part of a Public Right-of-Way. (11) “FCC” and “Commission” shall mean the Federal Communications Commission. (12) “Historic District” shall mean a geographically definable area, urban or rural, that possesses a significant concentration, linkage or continuity of sites, buildings, structures or objects united historically or aesthetically by plan or physical development. A district may also comprise individual elements separated geographically during the period of significance but linked by association or function. (13) “Micro Wireless Facility” shall mean a Small Wireless Facility that is no larger than 24 inches long, 15 inches wide, and 12 inches high, and whose exterior antenna, if any, is no longer than 11 inches. 4 (14) “Obstruct” shall mean to place a tangible object in a Public Right-of-Way so as to hinder free and open passage over that or any part of the Public Right-of-Way. (15) “Permittee” shall mean a Person that has been granted a Small Wireless Facility Permit by the Department. (16) “Person” shall mean any individual, group, company, partnership, association, joint stock company, trust, corporation, society, syndicate, club, business, or governmental entity. “Person” shall not include the City. (17) “Public Right-of-Way” shall mean the area on, below, or above a public roadway, highway, street, cartway, bicycle lane, and public sidewalk in which the City has an interest, including other dedicated rights-of-way for travel purposes and utility easement of the City. (18) “Small Wireless Facility” shall mean: (a) a Wireless Facility that meets both of the following qualifications: (i) each antenna is located inside an enclosure of no more than six (6) cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all its exposed elements could fit within an enclosure of no more than six (6) cubic feet; and (ii) all other wireless equipment associated with the Small Wireless Facility, excluding electric meters, concealment elements, telecommunications demarcation boxes, battery backup power systems, grounding equipment, power transfer switches, cutoff switches, cable, conduit, vertical cable runs for the connection of power and other services, and any equipment concealed from public view within or behind an existing structure or concealment, is in aggregate no more than 28 cubic feet in volume; or (b) a Micro Wireless Facility. (19) “Small Wireless Facility Permit” shall mean a permit issued by the Department authorizing the installation, mounting, maintenance, modification, operation, or replacement of a Small Wireless Facility or installation or replacement of a Wireless Support Structure in addition to Collocation of a Small Wireless Facility on the Wireless Support Structure. (20) “Utility Pole” shall mean a pole that is used in whole or in part to facilitate telecommunications or electric service. It does not include a traffic signal pole. (21) “Wireline Backhaul Facility” shall mean a facility used to transport communications data by wire from wireless facility to a communications network. (22) “Wireless Facility” shall mean equipment at a fixed location that enables the provision of Wireless Service between user equipment and a wireless service network, including: (a) equipment associated with Wireless Service; (b) a radio transceiver, antenna, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration; and (c) a Small Wireless Facility. “Wireless Facility” does not include: (a) Wireless Support Structures; (b) Wireline Backhaul Facilities; or (c) Coaxial or fiber-optic 5 cables between Utility Poles or Wireless Support Structures, or that are not otherwise immediately adjacent to or directly associated with a specific antenna. (23) “Wireless Provider” shall mean a provider of Wireless Service, including, but not limited to, radio communication service carried on between mobile stations or receivers and land stations, and by mobile stations communicating among themselves and which permits a user generally to receive a call that originates and/or terminates on the public switched network or its functional equivalent, regardless of the radio frequencies used. (24) “Wireless Service” shall mean any service using licensed or unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or by means of a mobile device, that is provided using Wireless Facilities. Wireless Service does not include services regulated under Title VI of the Communications Act of 1934, as amended, including a cable service under United States Code, title 47, section 522, clause (6). (25) “Wireless Support Structure” shall mean a new or existing structure in a Public Right-of-Way designed to support or capable of supporting Small Wireless Facilities, including, but not limited to, a Utility Pole or a building, as reasonably determined by the Department. § 305.03 SMALL WIRELESS FACILITY PERMIT APPLICATIONS (1) Application Form. The Director shall develop and make publicly available a form Application. To the extent possible, the Director shall allow for Applications to be consolidated pursuant to this Section. A complete Application must be submitted for each Small Wireless Facility Permit desired. (2) Consolidated Applications. A Wireless Provider may apply for up to 15 Small Wireless Facility Permits in a Consolidated Application, provided all Small Wireless Facilities in the Consolidated Application are located within a two-mile radius, consist of substantially similar equipment, and are to be Collocated on similar types of Wireless Support Structures. The Department shall review a Consolidated Application as allowed by this Chapter. If necessary, the applied for Small Wireless Facility Permits in a Consolidated Application may be approved or denied individually, but the Department may not use the denial of one or more permits as a basis to deny all Small Wireless Facility Permits in a Consolidated Application. Any Small Wireless Facility Permits denied in a Consolidated Application shall be subject to a single appeal. (3) Information Not Required. The Department shall not require an Applicant to provide any information that: (a) Has previously been provided to the Department by the Applicant in a Small Wireless Facility Permit Application, if the Applicant provides specific 6 reference to the previous Application containing the information sought by the Department and the previous information remains unchanged; and (b) Is not reasonably necessary to review a Small Wireless Facility Permit Application for compliance with generally applicable and reasonable health, safety, and welfare regulations, and to demonstrate compliance with applicable Federal Communications Commission regulations governing audio frequency exposure, or other information required by this Chapter. § 305.04 ESTABLISHMENT OF GENERAL STANDARDS (1) General Standards. The Director shall establish and maintain a set of standards for the installation, mounting, maintenance, modification, operation, or replacement of Small Wireless Facilities and placing new or replacement Wireless Support Structures in the Public Right-of-Way applicable to all Permittees under this Chapter (the “General Standards”). The General Standards shall include, but not be limited to, information to be required in a Small Wireless Facility Permit Application, design standards, construction standards, aesthetic standards, a form Application, permitting conditions, insurance and security requirements, and Rates and Fees. (2) Design Standards. Any design standards established by the Director shall be: (a) reasonable and nondiscriminatory, and (b) include additional installation and construction details that do not conflict with this Chapter, including, but not limited to, a requirement that: (i) an industry standard pole load analysis be completed and submitted an the City, indicating that the Wireless Support Structure to which the Small Wireless Facility is to be attached will safely support the load, and (ii) Small Wireless Facility equipment on new and existing Wireless Support Structures be placed higher than fifteen (15) feet above ground level. The Director shall additionally include the following in any design standards established under this Chapter: (a) Any Wireless Support Structure installed in the Public Right-of-Way after May 31, 2017 may not exceed fifty (50) feet above ground level, unless the City agrees to a greater height, subject to local zoning regulations, and may be subject to separation requirements in relation to other Wireless Support Structures. (b) Any Wireless Support Structure replacing an existing Wireless Support Structure that is more than fifty (50) feet above ground level may be placed at the height of the existing Wireless Support Structure, unless the City agrees to a greater height, subject to zoning regulations. (c) Wireless Facilities constructed in the Public Right-of-Way after May 31, 2017 may not extend more than ten (10) feet above an existing Wireless Support Structure in place as of May 31, 2017. 7 (d) If necessary to Collocate a Small Wireless Facility, a Wireless Provider may replace a Decorative Pole, if the replacement pole reasonably conforms to the design and aesthetic qualities of the displaced Decorative Pole. (e) A Wireless Provider shall comply with the City’s requirements to install facilities underground, including, without limitation, compliance with § 304.19 (Undergrounding) of City Code. (f) All Small Wireless Facilities Collocated or Wireless Support Structures installed in a Design District or Historic District shall comply with any design or concealment or other measures required by the City. (3) Construction Standards. Any construction standards established by the Director shall include at least the following terms and conditions: (a) Compliance with Applicable Law. To the extent this requirement is not preempted or otherwise legally not enforceable, a Permittee shall comply with all Applicable Law and applicable industry standards. (b) Prevent Interference. A Permittee shall Collocate, install, and continuously operate any authorized Small Wireless Facilities and Wireless Support Structures in a manner that prevents interference with other Wireless Facilities and other facilities in the Right-of-Way and the operation thereof. With appropriate permissions from the Department, a Permittee shall, as is necessary for the safe and reliable operation, use, and maintenance of an authorized Small Wireless Facility or Wireless Support Structure, maintain trees as prescribed by standards promulgated by the Department. (c) Other Rights Not Affected. A Permittee shall not construe a contract, permit, correspondence, or other communication from the City as affecting a right, privilege, or duty previously conferred or imposed by the Department to or on another Person. (d) Restoration. A Permittee, after any excavation of a Public Right-of-Way, shall provide for restoration of the affected Public Right-of-Way and surrounding areas, including the pavement and its foundation, to the same condition that existed before the excavation. If a Permittee fails to adequately restore the Public Right-of-Way within a specified date, the Department may: i. itself restore the Public Right-of-Way and recover from the Permittee the reasonable costs of the surface restoration; or ii. recover from the Permittee a reasonable degradation fee associated with a decrease in the useful life of the Public Right-of-Way caused by the excavation. 8 A Permittee that disturbs uncultivated sod in the excavation or obstruction of the Public Right-of-Way shall plant grasses that are native to Minnesota and, wherever practicable, that are of the local eco-type, as part of the restoration required under this Section, unless the owner of the real property over which the Public Right-of-Way traverses objects. In restoring the Public Right-of- Way, the Permittee shall consult with the Department of Wildlife Conservation regarding the species of native grasses that conform to the requirements of this paragraph. (e) Permittee’s Liability. A Permittee is solely responsible for the risk and expense of the Collocation of the Permittee’s Small Wireless Facility and installing or replacing the Permittee’s Wireless Support Structure. The City neither warrants nor represents that any area within the Public Right-of-Way is suitable for such Collocation or installation or replacement. A Permittee shall accept the Public Right-of-Way “as is” and “where is” and assumes all risks related to any use. The City is not liable for damage to Small Wireless Facilities due to an event of damage to a Wireless Support Structure in the Public Right-of-Way. § 305.05 SMALL WIRELESS FACILITY APPLICATION REVIEW PROCESS (1) Eligibility for Review. An Application shall be eligible for review if the Application conforms to the General Standards adopted by the Director. (2) Authorization. A Small Wireless Facility Permit issued pursuant to any Application processed hereunder shall authorize: (1) the installation, mounting, modification, operation, and replacement of a Small Wireless Facility in the Public Right-of-Way or City-owned property; or (2) construction of a new, or replacement of an existing, Wireless Support Structure, and Collocation of a Small Wireless Facility on the Wireless Support Structure. (3) Review Process. An Application submitted pursuant to this Section shall be reviewed as follows: (a) Submission of Application. Applicant shall submit a complete Application accompanied by the appropriate application fee as set forth in Section 305.15 (Fees and Costs) to the Department. Prior to submitting a Small Wireless Facility Permit Application, an Applicant shall inspect any Wireless Support Structure on which it proposes to Collocate a Small Wireless Facility and determine, based on a structural engineering analysis by a Minnesota registered professional engineer, the suitability of the Wireless Support Structure for the proposed Collocation. The structural engineering analysis shall be submitted to the Department with the Application, and shall certify that the Wireless Support structure is capable of safely supporting the proposed Small Wireless Facility considering conditions at the proposed location, including the condition of the Public Right-of-Way, hazards from traffic, exposure to wind, snow and ice, and 9 other conditions affecting the proposed Small Wireless Facility that may be reasonably anticipated. (b) Application Review Period. The Department shall, within 60 days after the date a complete Application for the Collocation is submitted to the Department, issue or deny a Small Wireless Facility Permit pursuant to the Application. The Department shall, within 90 days after the date a complete Application is submitted for a new or replacement Wireless Support Structure, in addition to the Collocation of a Small Wireless Facility, issue or deny a Small Wireless Facility Permit pursuant to the Application. If the Department receives applications within a single seven-day period from one or more Applicants seeking approval of Small Wireless Facility Permits for more than 30 Small Wireless Facilities or 10 Wireless Support Structures, the Department may extend the 90-day review period of this Chapter by an additional 30 days. If the Department elects to invoke this extension, it must inform in writing any Applicant to whom the extension will be applied. (c) Completeness Determination. The Department shall review a Small Wireless Facility Permit Application for completeness following submittal. The Department shall provide a written notice of incompleteness to the Applicant within 10 days of receipt of the Application, clearly and specifically delineating all missing documents or information. Information delineated in the notice is limited to documents or information publicly required as of the date of application and reasonably related to the Department’s determination of whether the proposed equipment falls within the definition of a Small Wireless Facility, and whether the proposed deployment satisfies all health, safety, and welfare regulations applicable to the Small Wireless Facility Permit and complies with this Chapter and applicable Standards promulgated by the Department. If an Applicant fails to respond to the Department’s notice of incompleteness within 90 days, the Application shall be deemed expired and no Small Wireless Facility Permit shall be issued. Upon an Applicant’s submittal of additional documents or information in response to a notice of incompleteness, the Department shall within 10 days of submission notify the applicant in writing of any information requested in the initial notice of incompleteness that is still missing. Second or subsequent notices of incompleteness may not specify documents or information that was not delineated in the original notice of incompleteness. (d) Reset and Tolling of Review Period. In the event that a Small Wireless Facility Permit Application is incomplete, and the Department has provided a timely and complete written notice of incompleteness, then the applicable review period shall be reset, pending the time between when a notice is mailed and the submittal of information in compliance with the notice. Subsequent notices shall toll the applicable review period. An Applicant and the Department can mutually agree in writing to toll the applicable review period at any time. 10 (e) Moratorium Prohibited. Notwithstanding any Applicable Law to the contrary, including, but not limited to, Minnesota Statutes Sections 394.34 and 462.355, the Department shall not establish any moratorium with respect to the filing, receiving, or processing of applications for Small Wireless Facility Permits, or issuing or approving Small Wireless Facility Permits. (f) Nondiscriminatory Processing of Applications. The Department shall ensure that any Application processed under this Chapter is performed on a nondiscriminatory basis. (g) Permit Not Required. A Permittee shall provide 30 days advance written notice to the Department, but shall not be required to obtain a Small Wireless Facility Permit, or pay an additional Small Wireless Facility Permit fee for: i. routine maintenance; ii. the replacement of a Small Wireless Facility with a Small Wireless Facility that is substantially similar to or smaller in size; or iii. the installation, placement, maintenance, operation, or replacement of a Micro Wireless Facility that is strung on a cable between existing Utility Poles, in compliance with the National Electrical Safety Code. § 305.06 SMALL WIRELESS FACILITY PERMIT CONDITIONS (1) General Conditions of Approval. In processing and approving a Small Wireless Facility Permit, the Department shall condition its approval on compliance with: (a) Generally applicable and reasonable health, safety, and welfare regulations consistent with the City’s Public Right-of-Way management; (b) Reasonable accommodations for a Decorative Pole; (c) Any reasonable restocking, replacement, or relocation requirements when a new Wireless Support Structure is placed in the Public Right-of-Way; (d) Construction of the proposed Small Wireless Facility within six (6) months from the date the Small Wireless Facility Permit is issued; (e) Obtaining additional authorization for use of the Public Right-of-Way for the construction of Wireline Backhaul Facilities or any other wired facilities; (f) Compliance with the City’s General Standards, Design Standards, and Construction Standards; and (g) Compliance with all Applicable Law. (2) Generally Applicable and Reasonable Health, Safety, and Welfare Regulations. Generally applicable and reasonable health, safety, and welfare regulations for purposes of this Section include, without limitation, the following: (a) A structural engineering analysis by a Minnesota registered professional engineer certifying that a Wireless Support Structure can reasonably support a proposed Small Wireless Facility considering the conditions of the street, the anticipated hazards from traffic to be encountered at the proposed location, and 11 any wind, snow, ice, or other conditions that may be reasonably anticipated at the proposed location; (b) A determination by the Department that, based upon reasonable engineering judgment, a proposed Small Wireless Facility is of excessive size or weight or would otherwise subject a Wireless Support Structure to an unacceptable level of stress; (c) A determination by the Department that, based upon reasonable engineering judgment, a proposed Small Wireless Facility would cause undue harm to the reliability or integrity of the City’s electrical infrastructure or would likely violate generally applicable electrical or engineering principles; (d) A determination by the Department that a proposed Small Wireless Facility presents an unreasonable safety hazard as specifically and reasonably identified by the Department; (e) A determination by the Department that a proposed Small Wireless Facility impairs the City’s ability to operate or maintain the Public Right-of-Way; or (f) A determination by the Department that a proposed Small Wireless Facility cannot be placed due to insufficient capacity and the infrastructure cannot be modified or enlarged consistent with the requirements of this Chapter and the Department’s General Standards; (g) A determination by the Department that a proposed Small Wireless Facility is in violation of the National Electric Safety Code or Applicable Law. (3) Conditions on Deemed Grant Application. The standard in Section 305.04 and the conditions in Section 305.06 shall apply to every application that is deemed approved by applicable federal and state law. (4) Authorized Use. An approval of a Small Wireless Facility Permit under this Section authorizes the Collocation of a Small Wireless Facility on an existing Wireless Support Structure to provide Wireless Services, or the installation or replacement of a Wireless Support Structure and Collocation of a Small Wireless Facility, and shall not be construed to confer authorization to: (a) provide any service other than Wireless Service; (b) construct, install, maintain, or operate any Small Wireless Facility or Wireless Support Structure in a Right-of-Way other than the approved Small Wireless Facility or Wireless Support Structure; or (c) install, place, maintain, or operate a Wireline Backhaul Facility in the Right-of- Way. (5) Other Permits Required. Any Person desiring to obstruct or perform excavation in 12 a Public Right-of-Way within the City for purposes of Collocating a Small Wireless Facility or installing or replacing a Wireless Support Structure shall, consistent with Chapter 304 of the City Code, obtain the necessary permit from the City prior to conducting any such activities. (6) Exclusive Arrangements Prohibited. The City shall not enter into an exclusive arrangement with any Person for use of a Public Right-of-Way for the Collocation of a Small Wireless Facility or for the installation or operation of a Wireless Support Structure. (7) Unauthorized Small Wireless Facility. No Person shall install, mount, modify, operate, or replace a Small Wireless Facility in the Public Right-of-Way or on City- owned property, or install or replace a Wireless Support Structure without first obtaining a Small Wireless Facility Permit from the City. (a) If an unauthorized Small Wireless Facility or Wireless Support Structure is discovered, the Department shall provide written notice to the owner of the unauthorized Small Wireless Facility within five days of discovery of the unauthorized Small Wireless Facility. If an owner of an unauthorized Small Wireless Facility or Wireless Support Structure cannot be reasonably identified, the Department need not provide any written notice. (b) If the owner of an unauthorized Small Wireless Facility or Wireless Support Structure can be reasonably identified, the Department may remove the unauthorized Small Wireless Facility or Wireless Support Structure without incurring liability to the owner of the Small Wireless Facility or Wireless Support Structure and at the owner’s sole expense no sooner than five days after providing notice of the Department’s discovery of the unauthorized Small Wireless Facility or Wireless Support Structure to the owner. (c) If the owner of an unauthorized Small Wireless Facility or Wireless Support Structure cannot be reasonably identified, the Department may remove the unauthorized Small Wireless Facility or Wireless Support Structure without incurring liability to the owner of the Small Wireless Facility or Wireless Support Structure and at the owner’s sole expense. (8) Relocation. The Department may require a Permittee to relocate or modify a Small Wireless Facility or Wireless Support Structure in a Public Right-of-Way or on City-owned property in a timely manner and at the Permittee’s cost if the Department determines that such relocation or modification is required to protect public health, safety and welfare, or to prevent interference with other facilities authorized pursuant to this chapter, or to prevent interference with public works projects of the Department. (9) Security Required. Each Permittee shall submit and maintain with the Department a bond, cash deposit, or other security acceptable to the Department, in a form and 13 amount determined by the Department in accordance with the General Standards, securing the faithful performance of the obligations of the Permittee and its agents under any and all Small Wireless Facility Permits issued to the Permittee under this Chapter. If, in accordance with this Chapter, the Department deducts any amounts from such security, the Permittee must restore the full amount of the security prior to the Department’s issuance of any subsequent Small Wireless Facility Permit. The Department shall return or cancel the security should the Permittee cease to operate any Small Wireless Facilities in the Right-of-Way. (10) Payment of Fees Required. A Small Wireless Facility Permit shall not be issued prior to the complete payment of all applicable Fees. (11) Notice of Assignment Required. A Permittee upon or within 30 calendar days after transfer, assignment, conveyance, or sublet of an attachment that changes the permit and/or billing entity or ownership responsibilities shall provide written notification to the Department. § 305.07 SMALL WIRELESS FACILITY PERMIT TERM (1) Term. A Small Wireless Facility Permit for a Small Wireless Facility in the Public Right-of-Way shall have a term equal to the length of time that the Small Wireless Facility is in use, unless the Small Wireless Facility Permit is revoked under this Chapter or is otherwise allowed to be limited by Applicable Law. The term for all other Small Wireless Facility Permits shall be for a period of up to 10 years. § 305.08 DENIAL OR REVOCATION OF A SMALL WIRELESS FACILITY PERMIT (1) Permit Denial. The Department may deny any Small Wireless Facility Permit if the Applicant does not comply with all provisions of this Chapter, or if the Department determines that the denial is necessary to protect public health, safety, and welfare, or when necessary to protect the Public Right-of-Way and its current use. (2) Permit Revocation. The Department may revoke a Small Wireless Facility Permit, with or without refund, in the event of a substantial breach of the terms and conditions of any statute, ordinance, rule, or regulation, or any material condition of the Small Wireless Facility Permit. A substantial breach includes, but is not limited to, the following: (a) a material violation by act or omission of a provision of a Small Wireless Facility Permit; (b) an evasion or attempt to evade any material provision of a Small Wireless Facility Permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the City or its citizens; (c) a material misrepresentation of fact in a Small Wireless Facility Permit Application; 14 (d) a failure to correct, in a timely manner, Collocation of a Small Wireless Facility or installation or replacement of a Wireless Support Structure that does not conform to applicable standards, conditions, or codes, upon inspection and notification by the Department of the faulty condition; (e) a Permittee fails to make timely payments of any fees due, and does not correct such failure within 20 days after receipt of written notice by the City of such failure; (f) a Permittee becomes insolvent, unable or unwilling to pay its debts, is adjudged bankrupt, or all or part of its Small Wireless Facilities or Wireless Support Structures are sold under an instrument to secure a debt and is not redeemed by the Permittee within 60 days; or (g) a failure to complete Collocation of a Small Wireless Facility or installation, modification, or replacement of a Wireless Support Structure within 270 days of the date a Small Wireless Facility Permit authorizing such activity is granted, unless the Department and the Permittee agree to extent the two-hundred seventy day period or there is a lack of commercial power or communications transport infrastructure to the installation site. (1) Written Notice Required. Any denial or revocation of a Small Wireless Facility Permit shall be made in writing and shall document the basis for the denial or revocation. The Department shall notify the Applicant or Permittee in writing within three days of a decision to deny or revoke a Small Wireless Facility Permit. If a Small Wireless Facility Permit Application is denied, the Applicant may cure the deficiencies identified by the Department and submit its Application. If the Applicant resubmits the Application within 30 days of receiving written notice of the denial, it may not be charged an additional filing or processing fee. The Department must approve or deny the revised application within 30 days after the revised application is submitted. If Small Wireless Facility Permit or Wireless Support Structure Permit is revoked, the Small Wireless Facility or Wireless Support Structure shall be subject to removal in accordance with Section 305.11 (Removal of a Small Wireless Facility or Wireless Support Structure). § 305.09 CITY INSPECTION OF A SMALL WIRELESS FACILITY OR WIRELESS SUPPORT STRUCTURE (1) Inspection Permitted. The Department may inspect, at any time, a Permittee’s Collocation of a Small Wireless Facility or installation or replacement of a Wireless Support Structure. The Department shall determine during an inspection whether the Permittee’s Small Wireless Facility or Wireless Support Structure is in accordance with the requirements of the Permittee’s applicable Small Wireless Facility Permit and other Applicable Law. (2) Suspension of Activities. During an inspection, if the Department determines that a Permittee has violated any material term of the Permittee’s Small Wireless Facility Permit or this Chapter, the Department may suspend the Permittee’s Small Wireless Facility Permit. The Department shall provide prompt written notice of any 15 suspension to a Permittee, including the violations giving rise to the suspension. A suspension under this Paragraph is effective until a Permittee corrects the alleged violation(s), at the Permittee’s sole expense. If the violation(s) are not corrected within 30 days after the date of such notice, the Small Wireless Facility or Wireless Support Structure shall be subject to removal in accordance with Section 305.11 (Removal of a Small Wireless Facility or Wireless Support Structure). A Permittee may appeal any suspension issued under this paragraph to the Department as provided in Section 305.12 (Appeals). § 305.10 ABANDONMENT (1) Abandoned Small Wireless Facilities and Wireless Support Structures. Where a Small Wireless Facility or Wireless Support Structure is not properly maintained or has not been used for the primary purpose of providing Wireless Services for 12 consecutive months, the Department may designate the Small Wireless Facility or Wireless Support Structure as abandoned. The Department shall provide written notice to a Permittee within 10 days of the Permittee’s Small Wireless Facility or Wireless Support Structure being designated as abandoned. § 305.11 REMOVAL OF A SMALL WIRELESS FACILITY OR WIRELESS SUPPORT STRUCTURE (1) Removal Permitted. The Department may remove, at Permittee’s expense, or require a Permittee to remove, any Small Wireless Facility or Wireless Support Structure if: (a) The Small Wireless Facility Permit or Wireless Support Structure Permit is revoked under this Chapter or expires without renewal; or (b) The Small Wireless Facility or Wireless Support Structure is designated by the Department as abandoned under Section 305.10 (Abandonment). (2) Notice to Permittee; Time to Remove. The Department shall provide written notice to the Permittee that it must remove a Small Wireless Facility or Wireless Support Structure under this section, including the reasons therefor. If the Permittee does not remove the Small Wireless Facility or Wireless Support Structure within 30 days after the date of such notice, the Department may remove it at the Permittee’s expense without further notice to the Permittee. § 305.12 APPEALS (1) Appeal. An Applicant or Permittee may have the denial or revocation of a Small Wireless Facility Permit, or fees and costs required by this Chapter reviewed, upon written request, by the City Council or its designee. The City Council or its designee shall act on a timely written request at its next regularly scheduled meeting. A decision by the City Council or its designee affirming a denial, revocation, or fee shall be in writing and supported by written findings establishing 16 the reasonableness of the decision. § 305.13 INSURANCE (1) Minimum Coverage. The Department shall require that each Permittee maintain in full force and effect, throughout the term of a Small Wireless Facility Permit, an insurance policy or policies issued by an insurance company or companies satisfactory to the City's Risk Manager. Such policy or policies shall, at a minimum, afford insurance covering all of the Permittee’s operations, vehicles, employees, agents, subcontractors, successors, and assigns: (a) Workers' compensation, in statutory amounts, with employers' liability limits not less than $500,000 each accident, injury, or illness; (b) Commercial general liability insurance with limits not less than $2,000,000 each occurrence combined single limit for bodily injury and property damage, including contractual liability, personal injury, products and completed operations; (c) Commercial automobile liability insurance with limits not less than $1,000,000 each occurrence combined single limit for bodily injury and property damage, including owned, non-owned and hired auto coverage, as applicable; and (d) Contractors' pollution liability insurance, on an occurrence form, with limits not less than $1,000,000 each occurrence combined single limit for bodily injury and property damage and any deductible not to exceed $25,000 each occurrence. (2) Insurance Requirements. Each Permittee’s insurance policy or policies are subject to the following: (a) Said policy or policies shall include the City and its officers and employees jointly and severally as additional insureds, shall apply as primary insurance, shall stipulate that no other insurance effected by the City will be called on to contribute to a loss covered thereunder, and shall provide for severability of interests. (b) Said policy or policies shall provide that an act or omission of one insured, which would void or otherwise reduce coverage, shall not reduce or void the coverage as to any other insured. Said policy or policies shall afford full coverage for any claims based on acts, omissions, injury, or damage which occurred or arose, or the onset of which occurred or arose, in whole or in part, during the policy period. (c) Said policy or policies shall be endorsed to provide 30 calendar days advance written notice of cancellation or any material change to the Department. (d) Should any of the required insurance be provided under a claims-made form, a Permittee shall maintain such coverage continuously throughout the term of a 17 Small Wireless Facility Permit, and, without lapse, for a period of three years beyond the expiration or termination of the Small Wireless Facility Permit, to the effect that, should occurrences during the term of the Small Wireless Facility Permit give rise to claims made after expiration or termination of the Small Wireless Facility Permit, such claims shall be covered by such claims- made policies. (e) Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defense costs be included in such general annual aggregate limit, such general aggregate limit shall be double the occurrence or claims limits specified herein. (3) Indemnity Obligation. Such insurance shall in no way relieve or decrease a Permittee’s or its agent’s obligation to indemnify the City pursuant to this Chapter. (4) Proof of Insurance. Before the Department will issue a Small Wireless Facility Permit, an Applicant shall furnish to the Department certificates of insurance and additional insured policy endorsements with insurers that are authorized to do business in the State of Minnesota and that are satisfactory to the Department evidencing all coverages set forth herein. § 305.14 INDEMNIFICATION AND DEFENSE OF CITY (1) Indemnification of City. As a condition of issuance of a Small Wireless Facility Permit, each Permittee agrees on its behalf and on behalf of its agents, successors, or assigns, to indemnify, defend, protect, and hold harmless the City from and against any and all claims of any kind arising against the City as a result of the issuance of the Small Wireless Facility Permit including, but not limited to, a claim allegedly arising directly or indirectly from the following: (a) Any act, omission, or negligence of a Permittee or its any agents, successors, or assigns while engaged in the permitting or Collocation of any Small Wireless Facility or installation or replacement of any Wireless Support Structure, or while in or about the Public Right-of-Way that are subject to the Small Wireless Facility Permit for any reason connected in any way whatsoever with the performance of the work authorized by the Small Wireless Facility Permit, or allegedly resulting directly or indirectly from the permitting or Collocation of any Small Wireless Facility or installation or replacement of any Wireless Support Structure authorized under the Small Wireless Facility Permit; (b) Any accident, damage, death, or injury to any of a Permittee's contractors or subcontractors, or any officers, agents, or employees of either of them, while engaged in the performance of Collocation of any Small Wireless Facility or installation or replacement of any Wireless Support Structure authorized by a Small Wireless Facility Permit, or while in or about the Public Right-of-Way 18 that are subject to the Small Wireless Facility Permit, for any reason connected with the performance of the work authorized by the Small Wireless Facility Permit, including from exposure to radio frequency emissions; (c) Any accident, damage, death, or injury to any Person or accident, damage, or injury to any real or personal property in, upon, or in any way allegedly connected with the Collocation of any Small Wireless Facility or installation or replacement of any Wireless Support Structure authorized by a Small Wireless Facility Permit, or while in or about the Public Right-of-Way that are subject to the Small Wireless Facility Permit, from any causes or claims arising at any time, including any causes or claims arising from exposure to radio frequency emissions; and (d) Any release or discharge, or threatened release or discharge, of any hazardous material caused or allowed by a Permittee or its agents about, in, on, or under the Public Right-of-Way. (2) Defense of City. Each Permittee agrees that, upon the request of the Department, the Permittee, at no cost or expense to the City, shall indemnify, defend, and hold harmless the City against any claims as set forth in this Section, regardless of the alleged negligence of the City or any other party, except for claims resulting directly from the sole negligence or willful misconduct of the City. Each Permittee acknowledges and agrees that it has an immediate and independent obligation to defend the City from any claims that actually or potentially fall within the indemnity provision, even if the allegations are or may be groundless, false, or fraudulent, which obligation arises at the time such claim is tendered to the Permittee or its agent by the City and continues at all times thereafter. Each Permittee further agrees that the City shall have a cause of action for indemnity against the Permittee for any costs the City may be required to pay as a result of defending or satisfying any claims that arise from or in connection with a Small Wireless Facility Permit, except only for claims resulting directly from the sole negligence or willful misconduct of the City. Each Permittee further agrees that the indemnification obligations assumed under a Small Wireless Facility Permit shall survive its expiration or completion of Collocation of any Small Wireless Facility authorized by the Small Wireless Facility Permit. (3) Additional Requirements. The Department may specify in a Small Wireless Facility Permit such additional indemnification requirements as are necessary to protect the City from risks of liability associated with the Permittee's Collocation of any Small Wireless Facility or installation or replacement of any Wireless Support Structure. § 305.15 FEES AND COSTS (1) Application Fees. The Department shall charge a fee for reviewing and processing a Small Wireless Facility Permit Application. The purpose of this fee is to enable 19 the Department to recover its costs directly associated with reviewing a Small Wireless Facility Permit Application. (a) The Department shall charge a fee of $500 for a Small Wireless Facility Permit Application seeking to Collocate up to five Small Wireless Facilities. This fee shall increase by $100 for each additional Small Wireless Facility that an Applicant seeks to Collocate. (b) The Department shall charge a fee of $1,000 for a Small Wireless Facility Permit Application seeking to install or replace a Wireless Support Structure in addition to Collocating of a Small Wireless Facility on the Wireless Support Structure. Commencing January 1, 2020, the Department shall adjust the Application Fees annually by the consumer price index for the Minneapolis-St. Paul area. (2) Annual Small Wireless Facility Permit Fee. The Department shall charge an Annual Small Wireless Permit Fee for each Small Wireless Facility Permit issued to a Permittee. The Annual Small Wireless Permit Fee shall be determined by the Director and listed in the City’s Fee Schedule. The Annual Small Wireless Permit Fee shall be based upon the recovery of the City’s rights-of-way management costs. (3) City-Owned Wireless Support Structure Fees. The Department shall charge the following fees to the owner of any Small Wireless Facility Collocated on a Wireless Support Structure owned by the City or its assigns located in the Public Right-of- Way: (a) $150 per year for rent to occupy space on the Wireless Support Structure; (b) $25 per year for maintenance associated with the space occupied on the Wireless Support Structure; and (c) a monthly fee for electricity used to operate the Small Wireless Facility, if not purchased directly from a utility, at the rate of: i. $73 per radio node less than or equal to 100 max watts; ii. $182 per radio node over 100 max watts; or iii. the actual costs of electricity if the actual costs exceed the above. The applicant may opt to pay an annual fee upfront for the cost of electricity based on an annualized calculation. (4) City-Owned Property Fees. The Department shall charge an annual fee for collocating Small Wireless Facilities on City-owned property not located in the public right-of-way. The Department shall determine a reasonable and nondiscriminatory annual fee on a per location and per request basis. (5) Discretion to Require Additional Fees. In instances where the review of a Small Wireless Facility Permit Application is or will be unusually costly to the 20 Department, the Director, in his or her discretion, may, after consulting with other applicable City departments, agencies, boards, or commissions, require an Applicant to pay a sum in excess of the other fee amounts charged pursuant to this Section. This additional sum shall be sufficient to recover the actual, reasonable costs incurred by the Department and/or other City departments, agencies, boards, or commissions, in connection with a Small Wireless Facility Permit Application and shall be charged on a time and materials basis. Whenever additional fees are charged, the Director, upon request, shall provide in writing the basis for the additional fees and an estimate of the additional fees. The Department may not require a fee imposed under this Chapter through the provision of in-kind services by an Applicant as a condition of consent to use to City’s Public Right-of-Ways or to obtain a Small Wireless Facility Permit. (6) Reimbursement of City Costs. The Department may determine that it requires the services of an expert in order to evaluate a Small Wireless Facility Permit Application. In such cases, the Department shall not issue a Small Wireless Facility Permit pursuant to the Application unless the Applicant agrees to reimburse the Department for the actual, reasonable costs incurred for the services of a technical expert. § 305.16 SEVERABILITY (1) Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Chapter or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Chapter or any part thereof. SECTION TWO: Section 304.03(1) of the Lino Lakes City Code is hereby amended, as follows: § 304.03 PERMIT REQUIREMENT. (1) Permit required. Except as otherwise provided in this code, no person may obstruct or excavate any right-of-way, including county roads or state highways within the city, collocate a small wireless facility, or install or replace a wireless support structure in addition to collocate a small wireless facility on the wireless support structure without first having obtained the appropriate permit from the city. (a) Excavation permit. An excavation permit is required to excavate that part of the right-of-way described in the permit and to hinder free and open passage over the specified portion of the right-of-way by placing facilities described therein, to the extent and for the duration specified therein. (b) Obstruction permit. An obstruction permit is required to hinder free and open passage over the specified portion of right-of-way by placing equipment described 21 therein on the right-of-way, to the extent and for the duration specified therein. An obstruction permit is not required if a person already possesses a valid excavation permit for the same project. (c) Small wireless facility permit. A small wireless facility permit is required to collocate a small wireless facility in the right-of-way or to install or replace a wireless support structure in the right-of-way in addition to collocating a small wireless facility on the wireless support structure, to the extent and for the duration described in Chapter 305 of the Lino Lakes City Code. SECTION THREE: Section 1007.053(1) of the Lino Lakes Zoning Code is hereby amended, as follows: § 1007.053 ANTENNAS. (1) Purpose and Intent. The purpose of this section is to establish predictable and balanced regulations for the siting and screen of wireless communications equipment in order to accommodate the growth of wireless communication systems within the City of Lino Lakes while protecting the public against any adverse impacts on the City’s aesthetic resources and the public welfare. The provisions of the section are intended to maximize the use of existing towers, structures, and buildings to accommodate new wireless telecommunication antennas in order to minimize the number of towers needed to serve the community. The Collocation of a Small Wireless Facility and the installation or replacement of a Wireless Support Structure in connection with the Collocation of a Small Wireless Facility on the Wireless Support Structure is subject to Chapter 305 of the Lino Lakes City Code. Adopted by the Lino Lakes City Council this ____ day of __________________, 2019. The motion for the adoption of the foregoing ordinance was introduced by Councilmember _____________ and was duly seconded by Councilmember ___________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: ____________________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk CITY OF LINO LAKES RESOLUTION NO. 19-149 A RESOLUTION APPROVING A SUMMARY OF ORDINANCE NO. 01-19 FOR PUBLICATION WHEREAS, the City Council has approved the first and second reading of Ordinance No. 01- 19, WHEREAS, MN Statute 412.191 provides for a city to publish a summary of an ordinance, and WHEREAS, the City Council determines that the summary clearly informs the public of the intent and effect of the ordinance, and WHEREAS, publication in the City’s official newspaper will include a notice that a full printed copy of the ordinance is available at City Hall. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Lino Lakes approves the summary in Attachment A for publication according to state law and the City Charter. Adopted by the Council of the Lino Lakes this 25th day of November 2019. The motion for the adoption of the foregoing resolution was introduced by Council Member ________________ and was duly seconded by Council Member_____________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: __________________________________ Jeff Reinert, Mayor ATTEST: ______________________________________ Julie Bartell, City Clerk ATTACHMENT A CITY OF LINO LAKES SUMMARY OF ORDINANCE NO. 01-19 AN ORDINANCE ENACTING SMALL WIRELESS FACILITY STANDARDS The City Council of the City of Lino Lakes, Minnesota ordains: STATEMENT OF INTENT AND PURPOSE Title 300 of the Lino Lakes City Code was amended by adding Chapter 305, which establishes specific requirements for obtaining a Small Wireless Facility Permit for installation, mounting, modification, operation, and replacement of Small Wireless Facilities and installation and replacement of Wireless Support Structures by commercial wireless providers on public and private property, including in the Public Right-of-Way. Small Wireless facilities are needed to provide the next generation of wireless services (called 5G), which will allow wireless providers to install lower hanging antennas connected to fiber optic cable, usually attached to utilities poles such as a light pole. This Chapter does not apply to any Wireline Facilities, which means a facility at a fixed location that enables the provision of Wireless Service between user equipment and a wireless network. This includes a Wireline Backhaul Facilities, which is a facility used to transport communications data by wire from wireless facility to communications network. A wireless provider must obtain an excavation permit pursuant to Chapter 304 of City Code or other applicable authorization for use of the Public Right-of-Way to construct, install, replace, or modify any Wireline Backhaul Facility, such as fiber optic cable. The granting of a Small Wireless Facility Permit pursuant to this Chapter is not a grant of such authorization. Effective Date of Ordinance. This ordinance shall be effective 30 days after its publication. A full printed copy of the ordinance is available for review at the Lino Lakes City Hall, 600 Town Center Parkway. CITY COUNCIL AGENDA ITEM 3B STAFF ORIGINATOR: Karissa Bartholomew, Human Resources Manager MEETING DATE: November 25, 2019 TOPIC: Consider Appointment of Police Officer VOTE REQUIRED: 3/5 INTRODUCTION The Council is being asked to approve the appointment of Anissa Ng to a vacant Police Officer position in the Public Safety Department. BACKGROUND There is one vacant Police Officer position within the Public Safety Department. At this time, staff has completed a recruitment process, provided a conditional offer, and is recommending the approval of Anissa Ng for the position. Ms. Ng holds a Bachelor’s of Science in Law Enforcement and meets all POST mandated requirements to be a Police Officer in the State. The hourly rate of pay would be $26.98, which is step one of the union wage schedule. The wage schedule has four steps. With the Council’s approval, Ng would start in the position of Police Officer in December. RECOMMENDATION Approve the appointment of Anissa Ng for the Police Officer position. 1 CITY COUNCIL AGENDA ITEM 6A STAFF ORIGINATOR: Kendra Lindahl, Landform MEETING DATE: November 25, 2019 TOPIC: Consider Resolution No. 19-158 Authorizing Submittal of the 2040 Comprehensive Plan to the Metropolitan Council CASE NUMBER: N/A APPLICANTS: City of Lino Lakes OWNERS: Multiple REVIEW SCHEDULE: Complete Application Date: N/A P & Z Board Meeting: N/A City Council Work Session N/A City Council Meeting: November 25, 2019 60-Day Review Date: N/A INTRODUCTION Staff is requesting City Council authorization to submit the 2040 Comprehensive Plan to the Metropolitan Council. The current plan can be found on the City website: https://linolakes.us/compplan. BACKGROUND The Comprehensive Plan is the community’s vision for development in Lino Lakes. Although it is a physical plan, it reflects the community's social and economic values. These values are translated into the type of land use the city desires and programs regarding economic development, housing, parks, transportation and other key areas. The Comprehensive Plan helps communities determine how to plan for investment in sewer, water, roads, parks, and other infrastructure. When evaluating how land will be used in the future, communities also consider housing needs, employment patterns, recreational space and commercial activities. Planning where different uses will go helps communities maximize efficient delivery of services to businesses and residents, which helps manage costs. Identifying 2 land uses provides a guide to the city to tell them if a development is located on a parcel that is consistent with the infrastructure and city services provided to that area. When the city adopts the Comprehensive Plan, it provides general guidance to landowners about how the city expects the land to develop. The City Council must then adopt a Zoning Map and Zoning Ordinance standards to implement that plan and begin work on other implementation items. Background/Process The city kicked off the 2040 update process with a Joint Council/Board meeting on May 15, 2017. The Council and Boards completed a SWOT (strengths, weaknesses, opportunities and threats) analysis and visioning process. The direction from the Council was that no major changes were desired, and the Council directed staff to work with Planning & Zoning Board to work through the updates. Staff has been meeting with the P&Z Board monthly to provide updates and gather direction on different chapters. Staff has also met with other boards and the City Council throughout the process. There were two public open house/outreach events for the public. The city created a website and a My Sidewalk page to provide information and opportunities for feedback on the plan. Following completion of the draft 2040 Comprehensive Plan in March 2018, the final open house was held on April 3, 2018. The City Council then directed staff to revisit the Mixed Use land use designation, mixed use development parameters and the use of the PUD (planned unit development) process. The Planning & Zoning Board and City Council have reviewed options to differentiate and reclassify these areas, while still meeting density requirements and affordable housing goals. There were a number of meetings with the Planning & Zoning Board and City Council in the Fall of 2018 to discuss these potential changes. The city held a joint City Council/Planning & Zoning Board meeting on March 5, 2019. The purpose of the joint meeting was to specifically discuss the proposed changes resulting from the reclassification of the areas identified as Mixed Use in the 2030 Comprehensive Plan. The Council and Planning & Zoning Board indicated support for the changes and directed staff to schedule the public hearing on the revised Draft 2040 Comprehensive Plan. The public hearing was held on April 10, 2019 and on May 13, 2019 the City Council approved Resolution 19-54 authorizing distribution of the 2040 Comprehensive Plan for adjacent jurisdiction review. AGENCY COMMENTS The City received a number of comments from other cities and agencies. The comments are summarized on attached spreadsheet and areas of change are noted. There were few substantive changes from the May 2019 version approved by the City Council, but of note: 3 • Based on comments from Anoka County, several clarifying edits were made to maps regarding trails and parks. • Based on comments from Anoka County, the transit section was modified to reflect current service offerings. • Based on comments from RCWD, changes were made to remove Chapter 7 – Local Water Management Plan with an executive summary of the Local Water Management Plan, which is included as Appendix A. SUMMARY Staff recommends approval of the draft 2040 Comprehensive Plan with three changes: 1. Approval of a change to the 2040 Utility Staging Plan (Figure 3-4), (Figure 8-4) and the corresponding text to reclassify the Holly Court properties as utility staging 1A as requested by the landowners. 2. Approval of a change to the Planning District 4 text outlining conditions that would need to occur for the city to consider the requested Lundgren/Noren requests. 3. Approval of a change to the Planning District 3 text to add a new bullet “As the City continues to work with MnDOT, Anoka County and Ramsey County on proposed County Road J improvements and an upgrade to a full interchange to I-35E, the city will evaluate possible plan land use changes in the area”. Findings of Fact The following are Findings of Fact for approval of the 2040 Comprehensive Plan for Metropolitan Council review: 1. Minnesota Statutes §473.864 requires each local governmental unit to review and, if necessary, amend its entire comprehensive plan and fiscal devices and official controls at least once every ten years to ensure its comprehensive plan conforms to metropolitan system plans and ensure its fiscal devices and official controls do not conflict with the comprehensive plan or permit activities that conflict with metropolitan system plan. 2. The city initiated an update to the Comprehensive Plan in 2017 as required by State law and held numerous open houses, workshops and meeting to gather input and discuss each of the plan elements. 3. The city has communicated to residents, property owners and other stakeholders through individual inquiries, newsletters, the city website and news releases to local press. 4. The city has prepared a Comprehensive Plan intended to meet the requirements of the Metropolitan Land Planning Act and Metropolitan Council guidelines and procedures. 5. The update reflects the city vision for Lino Lakes. 6. The update provides guidance on land use, natural resource and infrastructure planning, as well as implementation steps following adoption of the plan. 7. The city distributed the plan for agency review and comment in May 2019. 4 Next Steps The adopted schedule includes the following next steps: 1. If the Council approves the 2040 Comprehensive Plan at their November 25th meeting, it will be submitted to the Metropolitan Council for review. 2. After the Metropolitan Council completes their review and finds it to be consistent with regional systems, the city may adopt the 2040 Comprehensive Plan. 3. Following adoption of the Comprehensive Plan, the city has nine months to amend the zoning ordinance and Zoning Map to bring them into compliance with the amended Comprehensive Plan. RECOMMENDATION Staff recommends adoption of Resolution 2019-158 authorizing the submittal of the 2040 Comprehensive Plan to the Metropolitan Council A 3/5 vote is required to send the plan to the Metropolitan Council. ATTACHMENTS 1. Resolution No. 19-158 2. 2040 Comprehensive Review Summary of Comments 1 CITY OF LINO LAKES RESOLUTION NO. 19-158 AUTHORIZING SUBMITTAL OF THE DRAFT 2040 COMPREHENSIVE PLAN TO THE METROPOLITAN COUNCIL WHEREAS, Minnesota Statutes §473.864 requires each local governmental unit to review and, if necessary, amend its entire comprehensive plan and its fiscal devices and official controls at least once every ten years to ensure its comprehensive plan conforms to metropolitan system plans and ensure its fiscal devices and official controls do not conflict with the comprehensive plan or permit activities that conflict with metropolitan system plans; and WHEREAS, Minnesota Statutes §473.858 and §473.864 require local governmental units to complete their “decennial” reviews by December 31, 2018; and WHEREAS, the City Council, Planning Commission, and the City Staff have prepared a proposed Comprehensive Plan intended to meet the requirements of the Metropolitan Land Planning Act and Metropolitan Council guidelines and procedures; and WHEREAS, pursuant to Minnesota Statutes §473.858, the proposed Comprehensive Plan was submitted to adjacent governmental units and affected special districts and school districts for review and comment on May 22, 2019, and the statutory six-month review and comment period has elapsed; and WHEREAS, the Planning Commission has considered the proposed Comprehensive Plan and all public comments, and thereafter submitted its recommendations to this Council; and WHEREAS, the City conducted a public hearing on April 10, 2019 relative to the adoption of the proposed Comprehensive Plan; and WHEREAS, the City Council has reviewed the proposed Comprehensive Plan and those recommendations, public comments, and comments from adjacent jurisdictions and affected districts; and WHEREAS, Minnesota Statutes §473.858 requires a local governmental unit to submit its proposed comprehensive plan to the Metropolitan Council following recommendation by the planning commission and after consideration but before final approval by the governing body of the local governmental unit. WHEREAS, based on its review of the proposed Comprehensive Plan and Planning Commission and staff recommendations, the City Council is ready to submit its proposed plan to the Metropolitan Council for review pursuant to Minnesota Statutes §473.864; and NOW THERE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA, AS FOLLOWS: 1. The City Community Development Director is directed to distribute said Comprehensive Plan to the Metropolitan Council pursuant to Minnesota Statutes §473.864. 2 Adopted by the Council of the City of Lino Lakes this ___ day of _______, 2019. The motion for the adoption of the foregoing resolution was introduced by Council Member _______________and was duly seconded by Council Member ________________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: _______________________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk S:\Community Development\Projects\Planning Studies\2040 Comprehensive Plan\Agency Review\Affected Jurisdictions Review\20191106 Comments Review Page 1 2040 Comp Plan Review Key 11/6/2019 Material Editorial Note Commenter Date Comment #Page Section, Figure, Table, Etc.Column Comment MaterialEditorialNotePlan Change Made (Y/N) Comment Responses / Action Parks Dept - 1a Page 2-17 Figure 2-17 Revise RCCOL park boundary at City hall to show the correct boundary. The larger of the two blue Public/Semi-Public should be shown as County Park and Recreation. X N Noted - No change necessary. Parks Dept - 1b Page 2-17 Figure 2-17 Consider changing land use for Parcel number: 023122130001 (On the north side of the park reserve) to be shown as Public/Semi-Public. While it is under Anoka County ownership, it is excluded from the park boundary.N Noted - No change necessary. Parks Dept - 2 Page 3-25 Figure 3-10 Consider acknowledging that the existing asphalt trail on Elm Street is part of the existing Bunker – Chain of Lakes Regional Trail.X Y We will correct. Parks Dept - 3 Page 3-27 Figure 3-12 Please confirm that Central Anoka County Regional Trail that follows CSAH 14 to Washington County is accurately depicted as existing in the 35E area and that it is not an on-street route. X Y It is depicted as exisiting. Parks Dept - 4 Page 6-37 Figure 6-15 Please confirm that Central Anoka County Regional Trail that follows CSAH 14 to Washington County is accurately depicted as existing in the 35E area to the City of Hugo and that it is not an on-street route. X Y Yes. Transit Dept - 1a Page 6-32 1, 2, 3 Under Existing Transit Service- Metro Transit and Anoka County Traveler are listed. Change Anoka County Traveler to Anoka County Transit. The County has other services that are not Traveler related. X Y Will connect. Transit Dept - 1b Page 6-32, Table 6-10 Metro Transit lists the Route 250 frequency at approx. 5-15 minutes and service runs until 7:47pm.X Y Will change. Comments represent changes in material and content of the plan. Comments represent spelling, grammatical, clarification, or visual issues with graphics. Generally consist of a statement expressing a perspective. Anoka County 6/24/2019 S:\Community Development\Projects\Planning Studies\2040 Comprehensive Plan\Agency Review\Affected Jurisdictions Review\20191106 Comments Review Page 2 2040 Comp Plan Review Key 11/6/2019 Material Editorial Note Commenter Date Comment #Page Section, Figure, Table, Etc.Column Comment MaterialEditorialNotePlan Change Made (Y/N) Comment Responses / Action Comments represent changes in material and content of the plan. Comments represent spelling, grammatical, clarification, or visual issues with graphics. Generally consist of a statement expressing a perspective. Transit Dept - 1c Page 6-32 1, 2 After the Fixed Route Transit Service paragraph add: i. Anoka County Transit Services Anoka County Transit offers transit service to all residents of Anoka County who can travel independently or with a personal care attendant. ii. Anoka County Traveler Transit Link- Dial-A-Ride Service (note service hours and fares has changed quite a bit) Traveler Transit Link is a demand-response transit service in Lino Lakes which serves all of Anoka County as well as NW Ramsey County. Hours of service are 6:00 a.m. to 7:00 p.m., Monday-Friday. There is no weekend service for Transit Link. Transfers are coordinated with all fixed routes in Anoka County and NW Ramsey County to give passengers the most efficient and affordable way to travel. The regular fare for Traveler Transit Link service is $ 3.50 per person; the peak hour fare is $4.50 per person with a $ .75 surcharge for all trips over 15 miles. All Traveler vehicles are accessible. It should be noted Transit Link is a metro-wide service utilizing multiple providers. iii. Anoka County Traveler fixed-routes 801, 805 and 831. These routes operate in the southern part of the county. Although they do not serve Lino Lakes residents can access these routes by transferring from Transit Link service. iv. Anoka County Medlink (formerly Anoka County Volunteer Transportation) The Anoka County Volunteer Transportation Program provides rides to and from medical, dental, and appointments with social services. To be eligible for a ride you can be a veteran, a senior 60 years of age or older, or a client of Anoka County. This service relies on volunteer drivers. While the service is free, donations are encouraged. Medical and dental trips may be made throughout X Y Transit Dept - 2a Page 6-33 1 Travel Demand Management paragraph should be moved under Anoka County Transit.X N Travel Demand Management S:\Community Development\Projects\Planning Studies\2040 Comprehensive Plan\Agency Review\Affected Jurisdictions Review\20191106 Comments Review Page 3 2040 Comp Plan Review Key 11/6/2019 Material Editorial Note Commenter Date Comment #Page Section, Figure, Table, Etc.Column Comment MaterialEditorialNotePlan Change Made (Y/N) Comment Responses / Action Comments represent changes in material and content of the plan. Comments represent spelling, grammatical, clarification, or visual issues with graphics. Generally consist of a statement expressing a perspective. Transit Dept - 2b Page 6-33 1 Travel Demand Management Program- Coordinated through Anoka County Transit’s Commute Solutions Travel Demand Management (TDM) services include programs that promote and support any alternative to commuting via single-occupant vehicle. It may include ride-matching, car-pool and van-pool services as previously described, both covers many other options as well. Transit promotions, employer- subsidized bus passes, flexible work hours, and telecommuting are just some of the possible strategies to reduce single occupant vehicle (SOV) use. Metro Transit provides regional services through its Metro Commuter Services group and Anoka County Transit’s Commute Solutions continues to receive grants to coordinate programs within the County. These local transportation management organizations provide further support and services. The city and employers may use these services and programs free of charge to benefit employee travel arrangements and budgets. (revised) X Y Will replace. Transit Dept - 2c Page 6-33 1 Anoka County Transit no longer provides Metro Mobility service for the Met Council.X Y Transit Dept - 2d Page 6-32 3 May want to update the 2006 ridership number. Transit Dept - 3a Page 6-33 1 Anoka County Volunteer Transportation is now known as Anoka County Medlink. The program also assisted Veterans of any age. We haven’t received a private grant for quite some time. Y Transit Dept - 3b Page 6-33 2 95th Ave park and ride was expanded to 1,482 spaces.X Y Transit Dept - 3c Page 6-33 2 St. Joseph’s Church is still listed as a Lino Lakes park and ride.X Y Transit Dept - 3d Page 6-33 1 Routes 262 and 275 are no longer privately contracted X Y Reference deleted. Transit Dept - 3e Page 6-33 3 Southbound Bus-only shoulder lanes have been expanded beyond 95th Ave. and Hwy 36.X N Acknowledge specific location not defined. City of Blaine 9/4/2019 None 1 Given the city’s Charter-style government and the difficulties this can present when completing road projects that may involve assessments, we would encourage the city to add 21st Avenue and Cedar Street to its State Aid system? Centerville wants to be sure there is adequate and reliable funding sources to complete improvements to these shared roads. They both appear to be good candidates for State Aid routes. Even though 21st is a dead end, currently, it has the right-of-way to go through to Cedar Street as development there occurs. For Cedar Street, it appears that the eastern portion (where it is completely within the city of Lino Lakes) is a part of your system, but the shared portion is not. It is our understanding that a shared road can be added to your system (with funding used only for your half of the improvements). X N This section of 21st Avenue roadway is located in an area of Lino Lakes that is not subject to City Charter. (DIANE PLEASE CONFIRM ABILITY TO USE STATE AID FOR BORDER STREETS WITH NON STATE AID COMMUNITY) City cannot collect needs on a shared road with non state aid city City of Centerville 8/23/2019 S:\Community Development\Projects\Planning Studies\2040 Comprehensive Plan\Agency Review\Affected Jurisdictions Review\20191106 Comments Review Page 4 2040 Comp Plan Review Key 11/6/2019 Material Editorial Note Commenter Date Comment #Page Section, Figure, Table, Etc.Column Comment MaterialEditorialNotePlan Change Made (Y/N) Comment Responses / Action Comments represent changes in material and content of the plan. Comments represent spelling, grammatical, clarification, or visual issues with graphics. Generally consist of a statement expressing a perspective. 2 Centerville’s DWSMA (attached map) extends into Lino Lakes. We would like to note the existence of ISTS and private wells in Centerville’s DWSMA and encourage programs to eliminate both as soon as practical. X N The City of Lino Lakes shares the same concerns, noting that the entire City of Centerville lies within the DWSMA for Lino Lakes. Water and Sanitary Sewer have been extended to service these areas. The City anticipates removal of existing systems as development takes place. 3 Planned Land Uses in Centerville’s DWSMA include Industrial uses. Restrictions on these uses should be considered to ensure the prevention of contamination of the City’s water supply. Centerville requests an opportunity to review and comment on Conditional Use Permits or other zoning applications for industrial uses within our DWSMA. X N As noted above the Lino Lakes DWSMA encompasses all of Centerville and Centerville’s DWSMA. Lino Lakes would welcome shared opportunities between both communities to review and comment on projects within our respective communities. 4 We have received several inquiries from prospective developers wishing to develop property adjacent to Centerville, but whose properties are in the later utility staging areas as shown on your plan. If requested by the City of Lino Lakes, Centerville could likely provide interim water and sewer service to these areas to facilitate earlier development. X N The area in question is located within our Utility Stage 1B (2025-2030) consistent with our growth management policy’s. The City does not anticipate the need for interim services in this location. 5a Page 6-11 Table 6-3 21st Ave. – Says it will connect 80th with Main Street. It seems that, with the Lennar Development layout, this is no longer true. X N The Lennar project (Watermark) does provide an internal network of city streets that is intended to provide for connectivity to the north. While 21st Avenue now physically connects to CSAH 54 the purpose of the plan is to ensure internal connectivity to the north. 5b Page 6-11 Table 6-3 21st Ave. – We would like to see a future connection between Main Street and Cedar Street listed, since the right-of-way is in place to do so.X N Already shown as existing. 5c Page 6-11 Table 6-3 73rd St. – It is unclear as to what is meant by this connection. X Y This was intended to reference connection of 73rd to a north/south alignment of 21st Avenue. This segment was constructed as part of Watermark in 2019. 5d Page 6-11 Table 6-3 New East/West Street between Peltier Lake Drive and 21st Ave. – We would be interested in the location of this connection. X N This is a planned roadway located approximately ½ mile north of 73rd/CSAH 54 intersection. In accordance with Anoka County’s access spacing guidelines and the City’s 35E Corridor AUAR, this intersection will provide access from CSAH 54 into both the Watermark development and the agricultural land immediately west. S:\Community Development\Projects\Planning Studies\2040 Comprehensive Plan\Agency Review\Affected Jurisdictions Review\20191106 Comments Review Page 5 2040 Comp Plan Review Key 11/6/2019 Material Editorial Note Commenter Date Comment #Page Section, Figure, Table, Etc.Column Comment MaterialEditorialNotePlan Change Made (Y/N) Comment Responses / Action Comments represent changes in material and content of the plan. Comments represent spelling, grammatical, clarification, or visual issues with graphics. Generally consist of a statement expressing a perspective. 6 When Centerville Road was reconstructed a few years ago, we inquired with the city of Lino Lakes as to whether or not there were plans to have a trail along this road, down to Birch. We were told there were no plans to add a trail there, so we did not continue ours south of Dupre Road. Figure 10-1 shows a future trail that extends into Centerville and connects with the south end of the trail along Centerville Road (at Dupre). The city has no current plan to extend the trail to our southern border. While we support the idea of having a trail connection here, its construction is not on our capital improvement plan. X N Both the City’s 2030 plan and the draft 2040 plan propose a future trail along this corridor. This is part of the Otter Lake Regional Trail system. The 2013 Centerville Road project only included a mill and overlay within Lino Lakes so no additional trail improvements were considered at that time. Trail improvements would likely be considered in conjunction with future residential development along this corridor. 7 Page 10-5 Figure 10-1 On the Parks, Greenways and Trail System map, there is no name given to the small park in the LaMotte Drive neighborhood, along Centerville Lake. On the County’s GIS system, it is labeled “LaMotte Park”. With Centerville’s large park, very near, named Laurie LaMotte Memorial Park and often referred to as, simply, “LaMotte Park”, there can sometimes be confusion. We understand that your park predates ours, however, we are not in a position to be able to rename our most prominent park. If there were an opportunity to rename yours, it may help avoid confusion. X N Will consider naming when park is improved. 8 Page 9-32 Figure 9-18 Does not show the Interconnection with Centerville’s water system at 73rd St. and 20th Ave.X N New improvement will be added in future. 9 Page 8-22 1 Intercommunity Connections does not mention potential future service to areas in Centerville along the west side of 21st Ave., north of Main Street. We understand that the sanitary sewer in 21st Ave. (north of Main St.) was designed with the potential to serve some of the vacant land to the west. Centerville has sewer service along the west and south sides of the 22 acre parcel there, but depending on how it is developed, utilizing the Lino Lakes sewer in 21st may be most practical. We wish to have Lino Lakes prepared to serve a portion of this area if needed. X N This will be noted. At the time of 21st Avenue development sanitary sewer service was provided to service the 22 acre parcel. This is provided for in the 21st Avenue North Joint Powers Agreement between the two communities. 10 Page 8-22 1 Intercommunity Connections does not mention the city of Centerville’s service of the Anoka County regional park facility, located in Lino Lakes. There is an intercommunity service agreement associated with that service.X N This will be noted. 1 Page 8-22 1 The City would appreciate further discussion regarding future utility (sewer and water) to serve the commercial district along Lake Drive/CSAH 23 in Columbus.X N Discussed on page 8-22. 2 The City believes any coordination regarding future trail connectivity near the border would help to garner a beneficial symbiotic relationship in the adjacent residential neighborhoods. X N We agree. 3 Further discussion regarding upgrades to roadways that cross city limits (i.e. Jodrell St NE, 4th Ave N, and Lyons St/Elmcrest Ave/ 24th Ave N.)X N We agree. City of Columbus 6/28/2019 S:\Community Development\Projects\Planning Studies\2040 Comprehensive Plan\Agency Review\Affected Jurisdictions Review\20191106 Comments Review Page 6 2040 Comp Plan Review Key 11/6/2019 Material Editorial Note Commenter Date Comment #Page Section, Figure, Table, Etc.Column Comment MaterialEditorialNotePlan Change Made (Y/N) Comment Responses / Action Comments represent changes in material and content of the plan. Comments represent spelling, grammatical, clarification, or visual issues with graphics. Generally consist of a statement expressing a perspective. 4 The City would like to discuss the future I-35W /I-35E connector plans, such as the proposed full access interchange on 80th street. They would like to recommend exploring alternative solutions to reduce the potential adverse impacts on existing residential neighborhoods on Funnan St. NE (pictured on the back) caused by an increase in traffic volume. X N We encourage continued discussion with all affected jurisdiction including Anok and Washington County. See Hugo 1 below. City of Ham Lake 5/28/2019 None N/A 1 80th Street. As you may know, there was effort with the l-35W /E coalition to collaborate on improvements along 1-35 in several communities and Counties. The discussions included this connection and interchanges at l-35E and l-35W. Lino Lakes participated in the coalition meetings. The City is interested in cooperating with adjacent jurisdictions on creating a corridor management plan that would include representatives of the 1-35 W/E coalition to further this planning effort. In addition, the City supports an interchange location for l-35E at CR-140 (80th Street). X 2 CR-84. The Lino Lakes Transportation Plan recommends proposed new roadway connections. Specifically a new County north-south route (extension of CR-84/Otter Lake Road). It would seem that this road is intended to be a County Road shared by Washington and Anoka Counties. Similar to CR-140, we recommend a corridor study be initiated by Anoka and Washington Counties including representatives from all cities along the corridor. X N We agree. MnDOT 6/13/2019 Page 6-33 3 "Bus-Only Shoulders (BOS) allow buses to use the roadway shoulder to bypass automobiles that are in the general flow of traffic. They may only be used when the speed in the regular lanes drops to 30 mph or lower." 30 MPH is incorrect, it should be 35 MPH. X Y Will change. 1 General Comment The RMP is referred to as the City’s RMP, the RCWD’s RMP, and the City/RCWD’s RMP throughout the plan. Please revise for consistency and include RCWD in the reference. X Y Will change. (Only 12 Mike says) 2 Page 2-4 Lino Lakes RMP/Comprehensi ve Wetland Management Plan 2 “Comprehensive Wetland Management Plan” should be revised to “Comprehensive Wetland Protection and Management Plan” to be consistent with the WCA authority and title under which it has been developed.X Y Will change. 3 Page 2-4 Natural Resources Revolving Fund Plan 3 RCWD is unaware of the City’s 2017 wetland bank study and some of the identified locations on Figure 2-5. Please provide more information or reference to how the potential sites were identified.X N The City will provide a copy of the study. The plan is not pertinent for inclusion in the Comp Plan. 4 Page 2-16 Table 2.9 Net Acres/Net Land Area includes “as identified by the Rice Creek Watershed District”, however the inclusion of RCWD is unclear. Please clarify and indicate if the City means as identified by the National Wetland Inventory, RMP, or otherwise. X Y RMP RCWD 9/16/2019 City of Hugo 7/26/2019 S:\Community Development\Projects\Planning Studies\2040 Comprehensive Plan\Agency Review\Affected Jurisdictions Review\20191106 Comments Review Page 7 2040 Comp Plan Review Key 11/6/2019 Material Editorial Note Commenter Date Comment #Page Section, Figure, Table, Etc.Column Comment MaterialEditorialNotePlan Change Made (Y/N) Comment Responses / Action Comments represent changes in material and content of the plan. Comments represent spelling, grammatical, clarification, or visual issues with graphics. Generally consist of a statement expressing a perspective. 5 Chapters 3 & 10 Minnesota Statute (M.S.) 103E may be incompatible at times with the City’s planned greenways and trails and will require early coordination with the RCWD, which should be included in the discussion. The RCWD would be happy to meet with the City to discuss further. X N The City appreciates the opportunity to meet with the RCWD. 6 Page 5-11 Interstate 35E and Co. Rd. 14 Corridor (second paragraph) 2 Please clarify if the referenced Comprehensive Stormwater Management Plan (CSMP) is the completed Northeast Lino Lakes Drainage Area CSMP that was conditionally approved by the RCWD Board and revise the language as needed. If by “currently completing a CSMP” the City means it is currently building the CSMP infrastructure, another sentence should be added. It is also RCWD’s understanding that the CSMP area is for residential development, not commercial or industrial. RCWD suggests adding language to this section to clarify that the City is planning business and industrial development east of I-35E and residential development west of I-35E, consistent with the City’s Future Land Use Figure 3-2. X Y A reference to NE Lino Lakes Drainage Area CSMP was added. No other changes necessary. 7 General Comments on Chapter 7 Local Water Management Plan In general, a detailed summary and duplicated sections of the LWMP are not required. If the City intends to utilize the summary to move in a new direction with the LWMP, the LWMP will need to be amended and follow the review timelines of M. S. 103B.235 and M.R. 8410. If the City intends to solely summarize the information contained in the LWMP, RCWD recommends only including an executive summary with reference to Appendix A and removing the duplicated information to maintain consistency with the RCWD-approved LWMP in Appendix A. There are currently a few inconsistencies in this chapter, discussed in the comments below. X Y Will revise. 8 Page 7-2 Goal 2.2 2 A policy is missing that is contained in the LWMP in Appendix A and should be revised to be consistent. Will reivse. 9 Page 7-4 Goal 9.1, Policy b 1 This policy is inconsistent with the LWMP in Appendix A and should be revised to be consistent. Will reivse. 10 Chapter 7 Local Water Management Plan Figures - Page 7-6: Figure 7-1 - Page 7-8: Figure 7-3 - Page 7-14: Figure 7-7 - Page 7-17: Figure 7-10 Figures 7-1, 7-3, and 7-7 are not the same versions that are contained in the RCWD-approved LWMP in Appendix A and should be removed or revised to be consistent. Figure 7-10 and a few of the issues listed on the figure are not contained or described in the approved LWMP in Appendix A. If Figure 7-10 is utilized, RCWD recommends amending the LWMP and the City’s CIP table to include and address the issues on Figure 7-10. Will reivse. S:\Community Development\Projects\Planning Studies\2040 Comprehensive Plan\Agency Review\Affected Jurisdictions Review\20191106 Comments Review Page 8 2040 Comp Plan Review Key 11/6/2019 Material Editorial Note Commenter Date Comment #Page Section, Figure, Table, Etc.Column Comment MaterialEditorialNotePlan Change Made (Y/N) Comment Responses / Action Comments represent changes in material and content of the plan. Comments represent spelling, grammatical, clarification, or visual issues with graphics. Generally consist of a statement expressing a perspective. 11 Page 7-9 Existing and Potential Future Water Resource Related Problems The water resource-related issues in this section are not presented consistently with the RCWD-approved LWMP in Appendix A and should be removed or added to the LWMP. For example, the references to the public drainage systems are not consistent with RCWD’s knowledge and management of the systems. RCWD has recently completed repairs on the public drainage systems in the City, noted on page 7-9, including ACD 10-22-32 and portions of ACD 55 and ACD 72 per the RCWD-approved repair reports. Any alteration to the ditch system or abandonment of a system will need to be completed through the petition process in M.S. 103E and RCWD will need to be engaged early in the process, as multiple steps and public noticing will be required statutorily. Please revise this section to be consistent with the language contained in the LWMP in Appendix A or remove this section. Will reivse. 12 Page 12-6 Local Water Management Plan, comment #2 3 Recommend removing or revising “alternatives.” It is unclear what “alternatives” is referencing.X N No. General 1 Page 1-3 Regional Planning Context, first paragraph, last sentence 2 Recommend removing or revising the comprehensive plan deadline since it has passed. X N General 2 Page 3-9 Medium Density Residential, last sentence 2 RMP should be defined as “Resource Management Plan” for consistency.X Y Deleted. General 3 Page 3-13 Growth Management and Utility Staging, second paragraph, last sentence 1 Recommend revising this sentence for clarity. X Y General 4 Page 7-2 Goal 2.2, Policy a 2 The “V” in VLAWMO is missing and should be added.X Change noted. General 5 Page 7-3 Goal 7.1 2 Recommend removing the blank policy line under policy d.X Y Noted. General 6 Page 7- 10 Summary of Implementation Section, second paragraph 1 Recommend removing this paragraph to remove duplicative information. X Y Chapter revised. General 7 Page 12-2 Capital Improvement Plan, last paragraph 2 Recommend removing or updating “by the end of 2018.” X Y Noted. S:\Community Development\Projects\Planning Studies\2040 Comprehensive Plan\Agency Review\Affected Jurisdictions Review\20191106 Comments Review Page 9 2040 Comp Plan Review Key 11/6/2019 Material Editorial Note Commenter Date Comment #Page Section, Figure, Table, Etc.Column Comment MaterialEditorialNotePlan Change Made (Y/N) Comment Responses / Action Comments represent changes in material and content of the plan. Comments represent spelling, grammatical, clarification, or visual issues with graphics. Generally consist of a statement expressing a perspective. General 8 Appendix A Local Water Management Plan Page 38 and 29 This plan version is consistent with the version RCWD approved except the order of Figures 2-13 and 2-14 should be switched to be in numerical order. Figure 2-9 & 2-10 (page 32 and 33) are out of order too. Page 4-2 Goals and Policies The County is encouraged by the goals listed in Chapter 4 (pg. 4) around the efforts to address housing needs in Lino Lakes. It is great to see the efforts being placed into the planning for life-cycle housing and senior housing. The recognition of making these homes accessible to the community ensures opportunities for social connection and access to healthier food options for residents. It is also encouraging to see the efforts around protecting the environment as housing expansion increases. An area of consideration when looking at the overall protection of the environment as housing options continue to change would be to encourage edible and pollinator-friendly landscapes for residential properties and housing developments. X Y The City incorporates native landscape when applicable. Page 5-10 Economic Development Priorities The County is encouraged by the efforts made in Chapter 5 to ensure streets and roads are as safe as possible for residents and promote alternative transportation options such as bicycling and walking. Both of these efforts encourages and considers the health of the residents of Lino Lakes. The trail policy to link trails to schools and neighborhoods speaks to accessibility for the community. X Thank you. Page 8-20 Sanitary Sewer In Chapter 8’s individual subsurface sewage treatment system (ISTS), the plan states that there are no community treatment systems and that large portions are served by ISTS. MN Rules Chapter 7080-7083 now use the term Subsurface Sewage Treatment System (SSTS) as a more generic name as many SSTS serve more than one specific wastewater generator. X N The reference to ISTS will be changed is SSTS. Page 8-20 Sanitary Sewer Regarding inspection of SSTSs every three years, does this refer to the maintenance activity that is required under MN Rules or does the city require the systems to be inspected. Typically the term inspection refers to a Compliance Inspection that is defined in MN Rules Chapter 7080. X Y Refers to maintenanance check with 7080. Page 10-1 Chapter 10 Areas of consideration for chapter 10 would include a policy for tobacco-free parks and encourage edible and pollinator-friendly landscapes on park property.X N This is included in chapter 10. 9/17/2019Washington County Authorize Submittal of 2040 Comprehensive Plan to Met Council City Council November 25, 2019 Background •The Comprehensive Plan is the vision for how the City will develop •It provides general land use guidance •The Zoning Map and Zoning Ordinance are the primary tools to implement the Comprehensive Plan vision •In May 2017, the City of Lino Lakes kicked off the 2040 Comprehensive Plan update with a joint Council/Board workshop •The Council directed the P&Z to be the working group for the update with regular council check-ins •There were three open house/outreach meetings for the public •The draft Comprehensive Plan was completed in March 2018 Background •A number of meeting were held in 2018 to discuss changes. •A joint City Council/Planning & Zoning Board meeting was held on March 5, 2019 to discuss the changes •The Planning & Zoning Board held a public hearing on April 10, 2019 •The City Council authorized distribution of the plan for adjacent jurisdiction review on May 13, 2019 •The 6-month comment period is now complete •Staff has prepared a summary of comments and noted where edits were made Edits to Plan •As noted on the summary, there were a number of minor edits •The three significant changes were: •Changes to maps regarding parks and trails based on comments from Anoka County •Changes to the transit section service offerings were updated based on information from Anoka County •Chapter 7 was modified so that it is simply an executive summary of the Local Water Management Plan in Appendix A •The current plan also includes all edits directed by the Council at the May 13, 2019 meeting Next Steps •If approved tonight, staff will submit the 2040 Comprehensive Plan to the Metropolitan Council •Once deemed complete, the Metropolitan Council has 120 days to complete their review of the Plan •After the Metropolitan Council reviews and finds the Plan to be in conformance with regional systems, the Council may adopt the Plan •Following adoption of the Plan, the City has nine months to amend the Zoning Ordinance and bring the Zoning Map into compliance with the 2040 Comprehensive Plan Recommendation •Staff recommends approval of Resolution 19-158, authorizing the sumbmittal of the 2040 Comprehensive Plan to the Metropolitan Council •A 3/5 vote is required 1 CITY COUNCIL AGENDA ITEM 6B STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: November 25, 2019 TOPIC: Houle Estates Second Addition i. Consider Resolution No. 19-152 Approving Final Plat ii. Consider Resolution No. 19-153 Approving Development Agreement VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council consideration of the Final Plat and Development Agreement for Houle Estates Second Addition. Complete Application Date: October 25, 2019 60-Day Review Deadline: December 24, 2019 Planning & Zoning Board Meeting: November 13, 2019 City Council Meeting: November 25, 2019 BACKGROUND The applicants, Guy and Jennifer Houle, submitted a land use application for Houle Estates Second Addition final plat. The proposed development is a 1 lot and 1 outlot single family residential subdivision located at the north end of Ruffed Grouse Road. The subject site is 30.72 acres. This staff report is based on the following information: • Final Plat prepared by EVS , Inc. received September 27, 2019 • Buffer Easement Exhibit prepared by EVS, Inc. dated September 25, 2019 • Easement Exhibit prepared by EVS, Inc. dated March 12, 2019 • Title Commitment issued by Old Republic Title Insurance Company dated September 25, 2019 Previous Council Actions: 2 • July 10, 2017: Resolution No. 17-63 approving Preliminary Plat ANALYSIS History The preliminary plat, Houle Addition, was approved in July 2017 as 1 lot and 1 outlot. In August 2017, Mr. Houle has decided to final plat the entire parcel as Lot 1, Block 1, Houle Estates (the name was changed from Houle Addition) and no outlot to avoid Wetland Conservation Act requirements of wetland buffers, monument staking and conservation easements. In 2018, he built his single family house on the north end of Ruffed Grouse Road. Mr. Houle is now final platting the lot and the outlot. Lot 1 will contain his existing house. Outlot A will contain wetlands, conservation easements and buffers consistent with the approved with the preliminary plat. No development is proposed for Outlot A. Mr. Houle is intending on co-owning the outlot with his cousin, Joeseph Houle, who lives at 1221 Birch Street for hunting and recreational purposes. Subdivision Ordinance Conformity with the Comprehensive Plan and Zoning Code The parcel is guided low density residential and zoned R-1X, Single Family Executive. The final plat is compliant with the comprehensive plan, zoning and subdivision ordinance. The final plat substantially conforms to the approved preliminary plat. Blocks and Lots The final plat contains Lot 1, Block 1 and Outlot A, Houle Estates Second Addition. Lot 1 contains the single family home. Outlot A is non-buildable, open space with wetlands. As noted during the preliminary plat process, no principal or accessory structures are allowed on Outlot A. This would also include motor vehicle parking and exterior storage per City ordinance. Required per R-1X Lot 1 Outlot A Min. Lot Size (contiguous buildable land) 12,825 sf 201,870 sf (4.63 acres) 1,136,591 sf (26.09 acres) Min. Lot Width 90 ft (interior lot) 915 ft 431.72 ft Min. Lot Depth 135 ft 220 ft 1500 ft Streets and Alleys 3 Lot 1 (single family home) has frontage along Ruffed Grouse Road that has 60 feet of platted right-of-way. Outlot A has frontage along CSAH 34/Birch Street. No street improvements are required. Easements Standard drainage and utility easements at least 10 feet wide have been provided along all lot lines. The wetland has been protected by a drainage and utility easement that includes a 10 foot buffer extending outward from the delineated wetland boundary. Wetland Conservation Act regulations as administered by Rice Creek Watershed District (RCWD) requires a conservation easement and wetland buffer over the wetlands. These documents have been provided and shall be recorded separately. Storm Water Management and Erosion and Sediment Control Storm water management and erosion and sediment control were handled with the construction of the single family. No further stormwater mitigation is required for the platting of Outlot A. Utilities Sanitary Sewer An 8” PVC sanitary sewer main along Ruffed Grouse Road serves Lot 1. There is an 8” sanitary plug at the end of the main. Watermain A 6” DIP watermain along Ruffed Grouse Road serves Lot 1. There is a 6” watermain plug at the end of the main. Public Land Dedication The Park, Natural Open Space, Greenways and Trail System Plan do not indicate a future neighborhood park within the area. The City is requiring cash in lieu of land dedication for the new Lot 1. No fees are required for Outlot A. Park Dedication Fees Total # of Lots = 1 x 2019 Park Dedication Fee $3,000 = Total Due $3,000 Tree Preservation 4 A tree inventory is not required for Outlot A since no development is proposed. Landscaping Landscaping is not required for the platting of Outlot A. Comprehensive Plan Houle Estates Second Addition is consistent with the goals and policies of the comprehensive plan in regards to resource management, land use, housing, transportation and utilities as detailed with approval of the preliminary plat. Density and Land Area Calculations The following chart implements Met Council’s formula for calculating net density. Gross Area (acres) 30.72 Wetlands & Buffers on Lot 1 (4.18) Public Parks & Open Space NA Arterial ROW NA Other (Non-Buildable Outlot A) (26.09) Net Area (acres) 0.45 # of Units 1 Gross Density (units/acre) .03 Net Density (units/acre) 2.22 The subject site is guided low density residential development and allows for 1.6 to 3.9 units per net acre. Outlot A contains non-buildable upland (island), wetlands and wetland buffers. The net density of 2.22 units per acres is consistent with low density residential development. Wetlands A Wetland Delineation Report was completed by Jacobson Environmental, PLLC on May 23, 2017 for the area in Lot 1. A WCA Notice of Decision was received from RCWD on August 10, 2017. Since no development is proposed on Outlot A, the edge of wetland as delineated by Peterson Environmental Consulting, Inc. in November 2000 was used. The site contains 21.71 acres of wetland and is located within in the RCWD Wetland Management Corridor (WMC). A WMC Buffer Declaration, Conservation Easement, and 5 wetland monument signs are required and are shown on the Buffer Easement Exhibit and Easement Exhibit. These documents shall be recorded. There are 4.29 acres of wetland buffer required and 4.99 acres provided. No wetland impacts are proposed. Floodplain The 2015 DFIRM indicates Zone A floodplain on both Lot 1 and Outlot A. The plan sheets have been revised to indicate a RCWD floodplain base flood elevation (BFE) of 886.87. No impacts to the floodplain are proposed. Shoreland Management Overlay The site is located in a Shoreland Management Overlay district of Wards Lake. This lake is a classified as a Natural Environment Lake and has an 883.7 OHWL elevation. A setback of 150 feet from the OHWL is required for all primary and accessory structures on Lot 1. Section 1102.07(2)(a) does however, allow for the following exception: “Placement of structures on lots. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the ordinary high water level, provided the proposed building site is not located in a shore impact zone.” The plans show the 883.7 OHWL and this elevation has been field surveyed. The OHWL setback of 6697 Ruffed Grouse Road is 56.3’ and the OHWL setback of 6690 Ruffed Grouse Road is 92.1’. The average setback is 74.2’. The 75’ shore impact zone is the more restrictive and shall be the applicable setback. The Grading Plan indicates 2.31% impervious surface coverage which meets the allowed 30% impervious surface coverage of the shoreland ordinance. Development Agreement A Development Agreement shall be drafted by the City, executed by the City and the developer and recorded by the developer. Title Commitment The City Attorney reviewed the title commitment and notes that mortgage lender consent to plat is required. Stormwater Maintenance Agreement 6 Since there are no stormwater management facilities being constructed with this development, a stormwater maintenance agreement is not required. City Engineer The City Engineer reviewed the final plat and has no comments requiring changes to the final plat. Findings of Fact Resolution No. 19-152 details the Findings of Fact. RECOMMENDATION The Planning & Zoning Board reviewed and recommended approval of the Houle Estates Second Addition final plat on November 13, 2019 and recommended approval with a 6-0 vote. Staff is recommending approval of the following items with conditions as listed in the attached resolutions. ATTACHMENTS 1. Site Location Map 2. Resolution No. 19-152 3. Final Plat 4. Resolution No. 19-153 5. Development Agreement Houle Estates 2nd Addition November 4, 2019 1 in = 400 ft ± Ma p P owered By DataLink 1 CITY OF LINO LAKES RESOLUTION NO. 19-152 RESOLUTION APPROVING THE FINAL PLAT FOR HOULE ESTATES SECOND ADDITION WHEREAS, the City received an application for Final Plat approval for Houle Estates Second Addition hereafter referred to as “Development”; and WHEREAS, City staff completed a review of the proposed “Development” based on the following plans and information: • Final Plat prepared by EVS , Inc. received September 27, 2019 • Buffer Easement Exhibit prepared by EVS, Inc. dated September 25, 2019 • Easement Exhibit prepared by EVS, Inc. dated March 12, 2019 • Title Commitment issued by Old Republic Title Insurance Company dated September 25, 2019; and WHEREAS, a public hearing was held before the Planning & Zoning Board on June 14, 2017 and the Board recommended approval of the Houle Addition Preliminary Plat; and WHEREAS, the City Council approved the Preliminary Plat with Resolution No. 17-63; and WHEREAS, Planning & Zoning Board reviewed and recommended approval of the Houle Estates Second Addition final plat at the November 13, 2019 meeting; and WHEREAS, the proposed development is not considered premature and meets the performance standards of the subdivision and zoning ordinance; and NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby makes the following: FINDINGS OF FACT 1. The final plat substantially conforms to the approved preliminary plat subject to the conditions listed below. 2. The City Attorney reviewed the title commitment and notes that mortgage lender consent to plat is required. 3. A Development Agreement has been completed. 4. Conditions attached to approval of the preliminary plat have been fulfilled or secured by the Development Agreement. 5. All fees, charges and escrow related to the preliminary or final plat have been paid in full. 2 BE IT FURTHER RESOLVED by the City Council of the City of Lino Lakes hereby approves the final plat Houle Estates Second Addition, subject to the following conditions: 1. General Conditions per City Code: a. Any future subdivision and/or development of Outlot A will require full preliminary and final plat approval. b. No principal or accessory buildings or structures shall be constructed on Outlot A. c. No off-street parking of motor vehicles (i.e. passenger motor vehicles, recreational vehicles or trailers, or motor vehicles exceeding a gross weight of 11,075 pounds) or equipment is allowed on Outlot A. i. The exiting motor vehicles and equipment located in the southwest corner of Outlot A shall be removed. ii. The area shall be restored to natural vegetation in compliance with the WMC Buffer Declaration Buffer Vegetation Management Plan. d. No exterior storage is allowed on Outlot A. i. Any exterior storage on Outlot A shall be removed. 2. The following documents as required by RCWD and the City shall be recorded: a. WMC Buffer Declaration with Exhibits b. Conservation Easement with Exhibits c. Easement for Public Ditch System with Exhibits d. Development Agreement e. Final Plat 3. The City’s “Protected Open Space Area” wetland sign detail (Gen-22) shall be used for the installation of the required wetland monument signs. Adopted by the Council of the City of Lino Lakes this 25th day of November, 2019. The motion for the adoption of the foregoing resolution was introduced by Council Member _______________and was duly seconded by Council Member ________________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: ______________________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk LOT 1BLOCK 1OUTLOT AHOULE ESTATES SECOND ADDITIONLEGENDBASIS OF BEARINGSCity of Lino LakesCounty of AnokaSections 27 &28, Twp.31, Rng. 22ENGINEERINGSURVEYINGRENEWABLEENERGY CITY OF LINO LAKES RESOLUTION NO. 19-153 RESOLUTION APPROVING DEVELOPMENT AGREEMENT FOR HOULE ESTATES SECOND ADDITION WHEREAS, the City Council approved the final plat for Houle Estates Second Addition with Resolution No. 19-152 on November 25, 2019; and WHEREAS, the City’s subdivision ordinance and conditions of approval require the execution of a development agreement between the Developer and the City of Lino Lakes. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby approves the Development Agreement between Guy R Houle and Jennifer L Houle and the City of Lino Lakes for Houle Estates Second Addition and authorizes the Mayor and City Clerk to execute such agreement on behalf of the City. Adopted by the Council of the City of Lino Lakes this 25th day of November, 2019. The motion for the adoption of the foregoing resolution was introduced by Council Member _______________and was duly seconded by Council Member ________________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: _______________________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk DEVELOPMENT AGREEMENT   Houle Estates 2nd Addition    THIS AGREEMENT is made this _____ day of ____________, 2019, by and between the City  of Lino Lakes, a Minnesota municipal corporation, and Guy R. Houle and Jennifer L. Houle  “Developer”.  1. Subdivision.  Developer received preliminary plat approval from the City by Resolution No.  17‐63 for a plat known as Houle Addition “Subdivision”. Unless otherwise stated, all terms  and conditions of this Agreement relate to work within the Subdivision.  2. Final Plat Approval.  The City’s approval of the final plat of Houle Estates 2nd Addition as  legally described on Exhibit A attached hereto, is contingent upon execution and delivery  of this agreement and all required petitions, bonds, security, and documents, and  satisfaction of all conditions of approval required by Resolution No. 19‐152. The Final  Plat is attached hereto as Exhibit B.    3. Phased Development.  The City may refuse to approve final plats of subsequent additions  of the plat if the Developer has breached this Agreement and the breach has not been  remedied. Development of subsequent phases may not proceed until Development  Agreements for such phases are approved by the City.  4. Developer Plans.  a. The Subdivision shall be developed in accordance with the following Developer  Plans, original copies of which are on file with the City Engineer.  The Developer  Plans may be prepared and revised after entering into this Agreement but must  be approved by the City before commencement of any work.  If the plans vary  from the written terms of this Agreement, this Agreement shall control.   b. The Developer Plans as of the date of this Agreement are:  i. Final Plat prepared by EVS , Inc. received September 27, 2019    ii. Buffer Easement Exhibit prepared by EVS, Inc. dated September 25, 2019  iii. Easement Exhibit prepared by EVS, Inc. dated March 12, 2019  5. Permits.  Not applicable.  6. Developer Improvements.  The Developer shall secure a contractor to install these  improvements, hereinafter referred to as the “Developer Improvements,” which  contractor shall be approved by the City in its absolute discretion.  The cost of  Houle Estates 2nd Addition  Development Agreement  11/25/2019   page 2 Developer Improvements is as shown on Exhibit C attached hereto.  All Developer  Improvements shall require City inspection and approval and, where appropriate, the  approval of any other governmental agency having jurisdiction. The Developer shall  construct and install at the Developer's expense the following improvements according  to the following terms and conditions:  a. Site Grading. Not applicable.  b. Grading and Erosion Control. Not applicable.  c. Final street grading, subbase, gravel base, concrete curb and gutter, and  bituminous base course and wear course. Not applicable.  d. Sidewalks, paths and street lighting. Not applicable.  e. Storm sewers. Not applicable.  f. Sanitary sewer mains. Not applicable.  g. Water mains. Not applicable.  h. The Developer shall place iron monuments at all lot, block, and outlot corners  and at all other angle points on boundary lines consistent with the final plat.   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  corner 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.  i. Landscaping. Not applicable.  j. The Developer shall arrange for all gas, telephone, cable TV and electric utility  services to the Subdivision in accordance with City Code and State law.  Not  applicable.  k. The Developer shall install mailboxes. Not applicable.  l. The Developer shall install conservation easement signs per City standard detail  plates prior to the issuance of building permits.  7. Time of Performance.  The Developer shall install all required improvements  enumerated in Paragraph 6 by May 31, 2020.  The Developer may request a reasonable  extension of time from the City.  If the extension is granted, it shall be conditioned upon  Houle Estates 2nd Addition  Development Agreement  11/25/2019   page 3 updating the security posted by the Developer to reflect cost increases and the  extended completion date.  8. City Improvements.  No City improvements are proposed to be constructed for this  subdivision.  9. Record Drawings. Not applicable.  10. Faithful Performance of Construction Contracts and Security.  a. 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. Concurrent 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.    b. Irrevocable Letter of Credit.  If an Irrevocable Letter of Credit is utilized, it shall be  for the exclusive use and benefit of the City of Lino Lakes and shall state that it is  issued to guarantee and assure performance by the Developer of all the terms and  conditions of this Development Agreement and construction of all required  improvements referenced therein in accordance with the ordinances and  specifications of the City.  The letter shall be in a form, and from a bank, as  approved by 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 agreement.  The Irrevocable Letter of Credit shall be  automatically extended for additional periods of one year from present or future  expiration dates on an annual basis, unless at least sixty (60) days prior to the  expiration date, the Community Development Director and City Engineer, are  notified by certified mail or overnight courier, that the Letter of Credit will not be  extended.  c. Public Improvement Surety Agreement. Not applicable.  d. Reduction of Security. 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.   11. Warranty.  Not applicable.  12. Dedication.  The Developer shall dedicate to the City, at no cost to the City, any  permanent or temporary easements that may be necessary for the construction and  installation of the Developer Improvements. All such easements required by the City  Houle Estates 2nd Addition  Development Agreement  11/25/2019   page 4 shall be in writing, in recordable form, containing such terms and conditions as the City  shall determine.  13. Ownership of Improvements.  Not applicable.  14. Recording and Release.  The Developer agrees that the terms of this Development  Agreement 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  Agreement with the Anoka County Recorder to give notice to future purchasers and  owners.  This shall be recorded against the Subdivision described on Page 1.    15. Escrow for City’s 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 including, but not limited to, the following (See Exhibit C for  breakdown of costs):  i. Planning/ Review  ii. Administration ‐ 3% of Developer Improvement Costs  iii. City Engineering    iv. Street lighting installation (by utility company, developer to initiate)  v. Traffic signing improvements  vi. Boulevard tree planting  vii. Street, storm sewer and pond maintenance  viii. Property Taxes.  Not applicable.  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 with suitable documentation supporting the  charges.  16. Developer Fees.  At the time of execution of this Agreement, the Developer shall pay  the following fees related to the development of the Subdivision (See Exhibit C for  breakdown of costs):  a. Park Dedication  Houle Estates 2nd Addition  Development Agreement  11/25/2019   page 5 Park Dedication Fees  Total # of Lots =  1  x 2019 Park Dedication Fee  $3,000  = Total Due  $3,000    b. Maintenance for street lights. Not applicable.   c. Sealcoating.  Not applicable.  d. GIS Mapping Fees. Not applicable.  e. Trunk Sewer Connection Fees. Not applicable.  17. Assessment of Charges and Waiver of Rights.  a. Unless the Developer pays the entire balance owed for the Charges  contemporaneously with the execution of this Agreement, the Developer shall  provide to the City a cash escrow or irrevocable letter of credit in an amount  equal to 35% of the total assessments for the Charges as estimated by the City  Engineer (see Exhibit C).  The letter of credit shall be in a form, and from a bank,  as approved by the City.  The letter of credit or cash escrow may be used by the  City upon default by Developer in the payment of special assessments.  The cash  escrow or letter of credit shall remain in place throughout the term of the special  assessments.  The letter of credit may not be terminated without the City’s  written consent.  b. Developer, its heirs, successors or assigns, agrees that within 30 days after the  date of sale of a lot, the Developer, its heirs, successors or assigns, at its own  cost and expense, shall pay the entire unpaid charges assessed or to be assessed  under this agreement against such property.  c. Acceleration upon Default.  In the event the Developer violates any of the  covenants, conditions or agreements herein, violates any ordinance, rule or  regulation of the City, County of Anoka, State of Minnesota or other  governmental entity having jurisdiction over the plat or development, or fails to  pay when due any installment of any special assessment levied pursuant to this  agreement, or any interest thereon, the City at its option, in addition to its rights  and remedies hereunder, after 10 days written notice to the Developer, may  declare all of the unpaid special assessments which are then estimated or levied  pursuant to this agreement due and payable in full, with interest.  The City may  seek recovery of such special assessments due and payable from the security  Houle Estates 2nd Addition  Development Agreement  11/25/2019   page 6 provided herein.  In the event that such security is insufficient to pay the  outstanding amount of such special assessments plus accrued interest the City  may certify such outstanding special assessments in full to the County Auditor  pursuant to Minnesota Statutes section 429.061, subdivision 3, for collection the  following year.  The City, at its option, may commence legal action against the  Developer to collect the entire unpaid balance of the special assessments then  estimated or levied pursuant hereto, with interest, including reasonable  attorney's fees, and Developer shall be liable for such special assessments and, if  more than one, such liability shall be joint and several.  In addition to any other  rights and remedies upon Developer’s default, the City may refuse to issue  building permits and/or Certificates of Occupancy for any property within the  Subdivision until such time as such default has been corrected to the satisfaction  of the City.  The Developer agrees to reimburse the City for all costs incurred by  the City in the enforcement of this agreement, or any portion thereof, including  court costs and reasonable engineering and attorneys' fees, if the City prevails in  any enforcement action.  18. Building Permits. Not applicable.   19. Special Provisions. Not applicable.   20. Hours of Construction Activity.    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    21. Insurance.  Developer or its general contractor shall take out and maintain until one  year after the City 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 or general contractor’s work, as the  case may be, or the work of its 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  than One Million and no/100 ($1,000,000.00) Dollars for each occurrence; or a  combination single limit policy of Two Million and no/100 ($2,000,000.00) 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 its general contractor 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 days advance written notice of the cancellation  Houle Estates 2nd Addition  Development Agreement  11/25/2019   page 7 of the insurance. The certificate may not contain any disclaimer for failure to give the  required notice.    22. Developer’s Default.  In the event of default by the Developer as to any of the work to  be performed by it hereunder, the City may, at its option, perform the work and the  Developer shall promptly reimburse the City for any expense incurred by the City,  provided the Developer is first given notice of the work in default, not less than 48 hours  in advance.  This Agreement is a license for the City to act, and it shall not be necessary  for the City to seek a court order for permission to enter the land.  When the City does  any such work, the City may, in addition to its other remedies, levy the cost in whole or  in part as a special assessment against the Subject Property.  Developer waives its rights  to notice of hearing and hearing on such assessments and its right to appeal such  assessments pursuant to Minnesota Statutes, chapter 429.    23. General.    a. Binding Effect    The terms and provisions hereof shall be binding upon and inure 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, unless otherwise released  pursuant to section 14 of this Agreement.    b. Validity.    If a portion, section, subsection, sentence, clause, paragraph or phrase in this  agreement 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 Agreement.    c. Notices    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 below 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 are as set forth until changed by notice given as above.        Houle Estates 2nd Addition  Development Agreement  11/25/2019   page 8 Attn: Guy R. Houle and Jennifer L. Houle  6701 Ruffed Grouse Rd  Lino Lakes, MN 55014       Community Development Director     City of Lino Lakes        600 Town Center Parkway     Lino Lakes, MN 55014    24. Land Use Controls ‐ Planned Unit Development. Not Applicable.     Houle Estates 2nd Addition  Development Agreement  11/25/2019   page 9 DEVELOPER     CITY OF LINO LAKES    By __________________     _     By _________________________  Guy R. Houle     Mayor    Its ______________________    ATTEST              By _________________________  DEVELOPER      City Clerk    By __________________      _        Jennifer L. Houle         Its ______________________      STATE OF MINNESOTA  )      ) SS  COUNTY OF ANOKA    )      This instrument was acknowledged before me on ________ day of ___________, 2019,  by Jeff Reinert as Mayor of the City of Lino Lakes on behalf of said City.        _______________________________    Notary Public      STATE OF MINNESOTA  )      ) SS  COUNTY OF ANOKA    )      This instrument was acknowledged before me on ________ day of ____________, 2019  by Julianne Bartell as City Clerk of the City of Lino Lakes on behalf of said City.        _______________________________    Notary Public            Houle Estates 2nd Addition  Development Agreement  11/25/2019   page 10 STATE OF MINNESOTA  )      ) SS  COUNTY OF __________  )      On this _______ day of _______________, 2019, before me, a Notary Public within and  for said County, personally appeared Guy R. Houle, Owner of Houle Estates Second Addition,  Developer, who executed the foregoing instrument.          ______________________________    Notary Public        STATE OF MINNESOTA  )      ) SS  COUNTY OF __________  )      On this _______ day of _______________, 2019, before me, a Notary Public within and  for said County, personally appeared Jennifer L. Houle of Houle Estates Second Addition,  Developer, who executed the foregoing instrument.          ______________________________    Notary Public        Houle Estates 2nd Addition  Development Agreement  11/25/2019   page 11 THE UNDERSIGNED HEREBY CONSENTS TO THE TERMS AND CONDITIONS OF THIS AGREEMENT    By ________________________________      Farmers & Merchants Savings Bank          Its ________________________________    STATE OF MINNESOTA  )      ) SS  COUNTY OF __________  )      On this _______ day of _______________, 2019, before me, a Notary Public within and  for said County, personally appeared ______________, (Lender), who executed the foregoing  instrument.          ______________________________    Notary Public    This instrument was drafted by:      City of Lino Lakes    600 Town Center Parkway    Lino Lakes, Minnesota 55014  Houle Estates 2nd Addition  Development Agreement  11/25/2019   page 12 EXHIBIT A  Legal Description  Lot 1, Block 1, Houle Estates, Anoka County, Minnesota  Houle Estates 2nd Addition  Development Agreement  11/25/2019   page 13 EXHIBIT B  Final Plat  LOT 1BLOCK 1OUTLOT AHOULE ESTATES SECOND ADDITIONLEGENDBASIS OF BEARINGSCity of Lino LakesCounty of AnokaSections 27 &28, Twp.31, Rng. 22ENGINEERINGSURVEYINGRENEWABLEENERGY Houle Estates 2nd Addition  Development Agreement  11/25/2019   page 14 EXHIBIT C  Securities, Escrows & Fees  11/15/2019 EXHIBIT C Securities, Escrows & Fees PROJECT: Houle Estates 2nd Addition NUMBER OF REU's:1 APPLICANT: Guy R. Houle and Jennifer L. Houle NO. OF LOT FRONTAGES 0 IMPROVEMENTS COST DEVELOPER IMPROVEMENT COSTS (Private) SITE GRADING $0 EROSION CONTROL $0 LANDSCAPING $0 PARKING LOT $0 STORM SEWER CONST.$0 SANITARY SEWER CONST.$0 WATERMAIN CONST.$0 Total $0 Letter of Credit Amount X 35%$0 ESCROW for CITY'S COSTS PLANNING/ REVIEW $0 ADMINISTRATION $0 ENGINEER PLAN REVIEW $0 ENGINEER CONSTRUCTION SERVICES $0 PROJECT FINAL DOCUMENTS & CITY ENGINEER $0 STREET LIGHT INSTALLATION $0 STREET & STORMWATER MAINTENANCE $0 PROPERTY TAXES $0 TRAFFIC AND SIGNING IMPROVEMENTS $0 BOULEVARD TREE PLANTING $0 Total $0 DEVELOPMENT FEES PARK DEDICATION $3,000 PARK DEDICATION CREDIT $0 Subtotal Park Dedication Fee $3,000 AUAR $0 SEAL COATING FEE $0 GIS MAPPING FEE $0 STREET LIGHTING OPERATION $0 Total $3,000 TRUNK SANITARY SEWER TRUNK CHARGE PER (ACRE OR UNIT)$0 AVAILABILITY CHARGE PER SAC UNIT $0 TRUNK SANITARY SEWER CREDIT $0 TRUNK WATERMAIN TRUNK CHARGE PER (ACRE OR UNIT)$0 AVAILABILITY CHARGE PER SAC UNIT $0 TRUNK WATERMAIN CREDIT $0 TOTAL TRUNK SEWER & WATER FEES $0 SURFACE WATER MANAGEMENT $0 SURFACE WATER MANAGEMENT CREDIT $0 TOTAL SURFACE WATER MANAGEMENT FEES $0 Total $0 Letter of Credit Amount X 35% $0 SUMMARY OF SECURITIES, ESCROW & FEES SECURITY: DEVELOPER IMP'MENT COSTS $0 ESCROW FOR CITY COSTS $0 DEVELOPMENT FEES $3,000 SECURITY: TRUNK FEES $0 CITY COUNCIL AGENDA ITEM 6C STAFF ORIGINATOR: Diane Hankee, City Engineer MEETING DATE: November 25, 2019 TOPIC: Consider Resolution No. 19-159, Amending Adopted Assessments, 2019 Individual Properties VOTE REQUIRED: 3/5 Vote Required INTRODUCTION Staff is requesting City Council consideration to approve the amendment to the assessment roll to include an additional property where the owners have requested connection to City utilities and have entered into a Petition and Waiver Agreement. BACKGROUND On October 28, 2019, the City Council approved Resolution No. 19-141, adopting the 2019 Individual Assessment Roll. On November 12, 2019, the Individual Assessment Roll was amended to include another property. Since this time, an additional individual assessment has been processed. The property owners have submitted a signed waiver, which waives their rights to a hearing and waives their rights to appeal under the Lino Lakes City Charter and/or Minnesota Statute 429 provided that the assessment associated with the improvement is levied against their property. We have amended the assessment roll for the following individual property, which has requested connection to city utilities: - 410 62nd Street The amended total amount to be assessed is $84,245.14. Attached is the amended assessment roll. RECOMMENDATION Staff is recommending approval of Resolution No. 19-159, Amending Adopted Assessments, 2019 Individual Properties. ATTACHMENTS 1. Resolution No. 19-159 2. Amended Assessment Roll CITY OF LINO LAKES RESOLUTION NO. 19-159 RESOLUTION AMENDING ADOPTED ASSESSMENTS 2019 INDIVIDUAL PROPERTIES WHEREAS, pursuant to an executed Petition and Waiver Agreement, associated property owners waive all rights to a hearing on conducting of local improvements which will benefit the following properties which requested connection to City utilities: - 7932 Lake Drive - 6881 Rustic Lane - 7002 West Shadow Lake Drive - 7006 West Shadow Lake Drive - 6994 West Shadow Lake Drive - 6996 West Shadow Lake Drive - 1427 Pond View Circle - 410 62nd Street NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes: 1. Such proposed assessment, a copy of which is attached hereto and made a part thereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of fifteen years, the first installment to be payable on or before the first Monday in January, 2020, and shall bear interest at the rate of five percent (5%) per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2019. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 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, to the City, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and the owner may, at any time thereafter, pay to the City 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 next succeeding year. 4. The clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the City Council of Lino Lakes, Minnesota this 25th day of November, 2019. The motion for the adoption of the foregoing resolution was introduced by Council Member _____________and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk AMENDED 2019 FINAL ASSESSMENT ROLL NOVEMBER 25, 2019 INDIVIDUAL ASSESSMENTS LINO LAKES, MINNESOTA SANITARY WATER SURFACE SANITARY WATERMAIN SANITARY ACCESS WATER ACCESS WATER FRONT FRONT TOTAL DATE ADOPTED PIN ADDRESS UNIT TRUNK CHARGE (SAC)TRUNK CHARGE (SAC)MGMT FOOTAGE FOOTAGE ASSESSMENT BY COUNCIL 09-31-22-22-0064 7932 Lake Drive (All Seasons Rental)1 3,955.14$ -$ 5,681.74$ -$ 9,202.50$ -$ -$ 18,839.38$ 10/28/2019 19-31-22-34-0008 6881 Rustic Lane 1 -$ -$ 2,259.00$ 1,421.00$ -$ -$ 3,960.00$ 7,640.00$ 10/28/2019 21-31-22-23-0014 7002 West Shadow Lake Drive 1 1,573.00$ 1,471.00$ 2,259.00$ 1,421.00$ -$ -$ -$ 6,724.00$ 10/28/2019 21-31-22-23-0012 7006 West Shadow Lake Drive 1 1,573.00$ 1,471.00$ 2,259.00$ 1,421.00$ -$ -$ -$ 6,724.00$ 10/28/2019 21-31-22-23-0015 6996 West Shadow Lake Drive 1 1,573.00$ 1,471.00$ 2,259.00$ 1,421.00$ -$ -$ -$ 6,724.00$ 11/12/2019 21-31-22-32-0001 6994 West Shadow Lake Drive 1 1,573.00$ 1,471.00$ 2,259.00$ 1,421.00$ -$ -$ -$ 6,724.00$ 10/28/2019 27-31-22-12-0005 1427 Pondview Circle 1 -$ -$ -$ -$ 22,554.00$ -$ -$ 22,554.00$ 10/28/2019 32-31-22-32-0008 410 62nd Street 1 8,315.76$ -$ -$ -$ -$ -$ -$ 8,315.76$ 11/25/2019 TOTAL 18,562.90$ 5,884.00$ 16,976.74$ 7,105.00$ 31,756.50$ -$ 3,960.00$ 84,245.14$ CITY COUNCIL AGENDA ITEM 6D STAFF ORIGINATOR: Diane Hankee, City Engineer MEETING DATE: November 25, 2019 TOPIC: Consider Resolution No. 19-155, Approving Payment No. 5 and Final, 2018 Trunk Watermain and Trail Project VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting council action to finalize the 2018 Trunk Watermain and Trail Project. BACKGROUND On February 26, 2018 the City Council approved the preparation of the plans and specifications for the 2018 Trunk Watermain and Trail project. The project provides improved quality water supply and adequate pressure for fire demand. The project also completes the trail connection from Marshan Lane to Park Court. The City entered into a contract with Dresel Contracting, Inc. in the amount of $247,868. for the construction of the 2018 Trunk Watermain and Trail Project. The amount earned by the contractor is $237,070 and the amount remaining to be paid is $11,853.52 to Dresel Contracting, Inc.. The total project cost including land acquisition of 3 parcels, engineering, permiting and materials testing is $319,520. Funding for the project: Trunk utility area & unit fund $281,520 Parks & trail fund $ 38,000 The project came in under budget. RECOMMENDATION Approve Resolution No. 19-155, Approving Payment No. 5 and Final, 2018 Trunk Watermain and Trail Project in the amount of $11,853.52 to Dresel Contracting, Inc. ATTACHMENTS 1. Resolution 19-155 2. Pay Request No. 5 & Final CITY OF LINO LAKES RESOLUTION NO. 19-155 APPROVING PAYMENT NO. 5 AND FINAL FOR THE 2018 TRUNK WATERMAIN AND TRAIL PROJECT WHEREAS, pursuant to resolution 18-122 of the Council adopted September 24, 2018, awarding the contract for the 2018 Trunk Watermain and Trail Project to Dresel Contracting, Inc. WHEREAS, a complete summary of costs are detailed in Payment No. 5 (Final); NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes that Payment Request No. 5 (Final) is approved for a final contract amount of $237,070.45. Adopted by the Council of the City of Lino Lakes this 25th day of November, 2019. The motion for the adoption of the foregoing resolution was introduced by Council Member _______________and was duly seconded by Council Member ________________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: _______________________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk CITY COUNCIL AGENDA ITEM 6E STAFF ORIGINATOR: Marty Asleson, Environmental Coordinator MEETING DATE: November 25, 2019 TOPIC: Consideration of Resolution 19-162, Accepting 2020 Anoka County Recycling Enhancement Grants VOTE REQUIRED: 3/5 INTRODUCTION The City of Lino Lakes receives Select Committee for Recycling and the Environment (SCORE) funds each year from Anoka County. The SCORE funds are used to fund solid waste recycling programs. Cities using SCORE funds allocated from Anoka County are required to enter into a cooperative agreement with the County. This year Anoka County is again offering Enhancement Grants as additional funding available to the City of Lino Lakes. BACKGROUND The City of Lino Lakes receives grant money (SCORE) each year from the county to implement a residential recycle program. The basic SCORE Grant includes a fixed base of $10,000.00 for each municipality and extra $5.00 per household, or $43,760.00. In addition, targeted program funds are available for specific program areas and funds may be for problem areas and yard waste/organics. Enhancement funds are available to the City of Lino Lakes this year for the following program areas: Monthly Drop-off events - $15,000.00 Additional Grant - $20,000.00 Enhancement Grant - $6,752.00 Organics - $6,752.00 With this, the City has available for 2020; Base + Enhancement Funds =$92,264.00. RECOMMENDATION Approve Resolution No. 19-162, Approving Anoka County Contract No. C0007440, 2020 Agreement for Residential Recycling Program. ATTACHMENTS 1. Resolution No. 19-162 2. 2020 Funding Available for Municipal Waste Abatement Programs, 3. Anoka County Contract # C0007440 – 2020 Agreement for Residential Recycling Program CITY OF LINO LAKES RESOLUTION NO. 19-162 ACCEPTING 2020 ANOKA COUNTY RECYCLING GRANTS WHEREAS, The City of Lino Lakes has entered into an agreement with Anoka County over the years to cooperatively work on Solid Waste abatement and Recycling; and WHEREAS, Anoka County receives funding from the Solid Waste Management Coordinating Board and the State of Minnesota in the form of “SCORE” funds; and WHEREAS, The County wishes to assist municipalities in meeting recycling goals established by the Anoka County Board of Commissioners by providing SCORE funds to Cities in the County for solid waste recycling programs; and WHEREAS, The City of Lino Lakes is eligible to receive $10,000.00 base allocation and $5.00 per household totaling $43,760.00; and WHEREAS, The City of Lino Lakes is eligible for additional enhancement, Monthly Drop-Off, Park Recycling and Community Event recycling totaling $48,504.00; and WHEREAS, Anoka County Agreement No. C0007440, provides for the cooperative effort between Anoka County and the City of Lino Lakes; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes That the Mayor and City Clerk are hereby authorized to execute Anoka County Agreement No. C0007440, Agreement for Residential Recycling Program on behalf of the city. Adopted by the Council of the City of Lino Lakes this 25th day of November, 2019 The motion for the adoption of the foregoing resolution was introduced by Council Member _______________and was duly seconded by Council Member ________________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: _______________________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk Contract # C0007440 October 15, 2019 Approved by: Jonelle Hubbard Total Funding Award (Base + Enhancement Funding) 6,752.00$ 15,000.00$ 6,752.00$ Organics Grant Additional Grant 6,752.00$ 20,000.00$ 48,504.00$ Reviewed by: Alison Peterson 6,752.00$ 20,000.00$ To the extent that the Municipality requested funds in excess of the total eligible amount, the excess amount in any category is denied. TOTAL 6,752.00$ 20,000.00$ 92,264.00$ Amount Requested Amount Awarded 15,000.00$ 6,752.00$ Drop-off Grant General Enhance- ment Grant Amount Eligible 15,000.00$ _______ The grant application was not received on or before September 30, 2019. The Grant Funding Award for Lino Lakes is as follows: Enhancement Funding Grant 43,760.00$ Base Funding Allocation Therefore, the municipality is only eligible for the Base Funding Allocation. 2020 Grant Funding Award The Municipality of Lino Lakes is eligible for a total of $72,264.00 for their Municipal program abatement efforts in 2020, plus, if awarded upon request, up to an additional $20,000.00. The total funding for the 2020 Residential Recycling Program is based on the budgeted amounts stated in the Municipal Waste Abatement Grant Funding Application. Check one below: x (09-30-2019) The grant application was received on or before September 30, 2019. Anoka County Contract # C0007440 2020 AGREEMENT FOR RESIDENTIAL RECYCLING PROGRAM THIS AGREEMENT made and entered into on the 1st day of January 2020, notwithstanding the date of the signatures of the parties, between the COUNTY OF ANOKA, State of Minnesota, hereinafter referred to as the “COUNTY”, and the CITY OF LINO LAKES, hereinafter referred to as the “MUNICIPALITY”. WITNESSETH: WHEREAS, the County will receive funding from the State of Minnesota pursuant to Minn. Stat. § 115A.557 (hereinafter “SCORE funds”) during 2020 which must be used to encourage recycling and a portion must be specifically directed to recycling source -separated compostable materials; and WHEREAS, the County will also receive funding pursuant to Minn. Stat. § 473.8441 (hereinafter “LRDG) funds”) during 2020 and WHEREAS, the County also has additional budgeted program funding available to supplement SCORE and LRDG funds for solid waste recycling programs, so that the available amount for the Residential Recycling Program is $1,559,924.50 and WHEREAS, the County Solid Waste Management Master Plan 2018 (Master Plan 2018) and MPCA Metropolitan Solid Waste Management Policy Plan 2016-2036 state that MSW generated in the County that is not reused, recycled or composted, will be processed to the extent that processing capacity is available; and WHEREAS, the Master Plan 2018 was developed with the participation of a representative from the Municipality staff, and the Municipality is required to develop and implement programs, practices, or methods designed to meet waste abatement goals by Minn. Stat. § 115A.551, Subd 2a. (b). WHEREAS, the County wishes to assist the Municipality in meeting recycling goals established by Anoka County by providing said SCORE and LRDG funds to cities and townships in the County for solid waste recycling programs. NOW, THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement, the parties mutually agree to the following terms and conditions: 1. PURPOSE. The purpose of this Agreement is to provide for cooperation between the County and the Municipality to implement solid waste recycling programs in the Municipality which will help the County and member municipalities meet the goals set in the current Anoka County Solid Waste Management Master Plan. The County and the Municipality agree that the information provided in the recitals above is to be incorporated into the purpose of this agreement. 2. TERM. The term of this Agreement is from January 1, 2020 through December 31, 2020 unless earlier terminated as provided herein. 3. DEFINITIONS. Defined terms contained in this Agreement and all the attachments are found in Minn. Stat. §§ 115A.03; 115A.471; and 115A.552. The use of capitalization for defined terms has no special effect. For convenience, a full list of defined terms is included with the Municipal Grant Application. Additionally: a. “Full-Service Recycling Drop-off Center” means centralized permanent drop-off center that is open at least two times a week and accepts at least four types of materials beyond traditional curbside recyclables, i.e.: mattresses, appliances, scrap metal, carpet, furniture, source-separated compostable materials, electronics, etc. b. “Multifamily dwellings” means households within apartment complexes, condominiums, townhomes, mobile homes and senior housing complexes. c. “Quasi-Municipal event” means community festivals which appear to the public to be supported and run by the Municipality but in fact are sponsored or co-sponsored by an independent non-profit 501c (3) organization, for example: the Anoka Halloween Parade. 4. ELIGIBILITY FOR FUNDS. The Municipality is entitled to receive reimbursement for eligible expenses, less revenues or other reimbursement received, for eligible activities up to the project maximum, which shall not exceed $ 92,264.00. The County reserves the right to reduce the funding provided in the event the Municipality does not complete the additional Grant Projects referenced in the 2020 Anoka County Municipal Waste Abatement Grant Funding Application. The County also reserves the ability to assess the programs and reallocate unused SCORE and/or, LRDG funds mid-year if any participating municipality demonstrates the need for the funding and funds are available. The Municipality shall be provided documentation of the funding award determination and rationale as indicated by the 2020 Grant Funding Award. 5. PROGRAM. The Municipality shall develop and implement a residential solid waste recycling program adequate to meet the Municipality’s annual recycling goal of 2,265 tons of recyclable materials as established by the County. The Municipality shall ensure that the recyclable materials collected are delivered to processors or end markets for recycling. a. The Municipal recycling program shall include the following components: i. Each household (including both single and multi-family dwellings) in the Municipality shall have the Opportunity to Recycle at least four broad types of materials, including but not limited to, paper (including cardboard/paperboard cartons), glass, plastic, metal and textiles. ii. The recycling (including any organics) program shall be operated in compliance with all applicable federal, state, and local laws, ordinances, rules and regulations. iii. The Municipality shall implement a public information program that contains at least the following components: (1) One promotional mailing to each household focused exclusively on the Municipality’s recycling program; (2) One promotional advertisement detailing recycling opportunities available for residents included in the Municipality’s newsletter or local newspaper; and (3) Two community outreach activities at Municipal or Quasi-Municipal events to inform residents about recycling opportunities. iv. The public information components listed above shall focus on all recyclable materials and the various opportunities to recycle and compost within the Municipality. The Municipality shall incorporate County/regional campaigns and images and use the toolkits provided by the County when preparing promotional materials. The Municipality, on an ongoing basis, shall identify new residents and provide detailed information on the recycling opportunities available to these new residents. The County shall work with the Municipality on promotional materials to coordinate messages. The Municipality shall provide promotional materials for review prior to publication to ensure accuracy. v. The Municipality shall regularly attend the bi-monthly Solid Waste Abatement Advisory Team (SWAAT) meetings per year. vi. The Municipality shall offer a minimum of one spring and/or fall recycling drop-off event(s) where items not normally accepted at the curb are collected for recycling. If the Municipality is hosting a monthly drop-off as described below, the spring/fall recycling drop-off events may be included within that program. b. The Municipality is encouraged to expand its recycling program to include one or more of the following components in order to receive additional funding. i. Organize monthly/quarterly recycling drop-off events which can be held in conjunction with a neighboring municipality(ies) on a cooperative basis for the citizens of both/all municipalities. ii. Provide a community event recycling program, which at a minimum would consist of providing recycling opportunities at all Municipal sponsored or Quasi-Municipal events and festivals as required by Minn. Stat. § 115A.151. The feasibility of adding organics collection at the event will be explored and if feasible, implemented as an enhancement to the waste abatement program. iii. Provide the opportunity for citizens to engage in recycling activities at Municipal and Quasi-Municipal facilities as required by Minn. Stat. § 115A.151 such as athletic fields and public centers. iv. Organize and manage a Full-Service Recycling Drop-off Center. v. Develop enhanced recycling promotion and assistance for multifamily dwellings. vi. Develop additional opportunities for source-separated compostable materials collection. vii. Develop and implement additional opportunities to recycle bulky and problem materials (e.g. appliances, batteries, carpet, electronics, mattresses, oil, scrap metal, etc.) from residents on an on-going basis either curbside or at a drop-off. c. If the Municipality’s recycling program did not achieve the Municipality’s recycling goals as established by the County for the prior calendar year, the Municipality shall work with the County to prepare a plan to achieve the recycling goals set forth in this Agreement. d. The Municipality’s recycling program shall be limited to residential programming for funding reimbursements under this Agreement. The County will not reimburse business recycling programming or household hazardous waste programming by the Municipality. Any inquiries or requests regarding these topics should be sent to the County for response. e. In addition to the above requirements designed to increase residential recycling opportunities, the Municipality shall provide recycling opportunities in all municipal buildings including but not limited to, city offices, public meeting rooms and parks, as required by Minn. Stat. § 115A.151. If items collected through the Municipal recycling program prove to be contaminated or not recyclable, those items shall be treated as public entity waste and must be processed at a resource recovery facility. Minn. Stat. §§ 115A.46, 115A.471 and 473.848. See page 44, 47-48, 51, and p. 67 of the 2018 Anoka County Solid Waste Management Master Plan regarding the requirements for Public Entity Waste. f. Pursuant to Minn. Stat. §§ 115A. 46, 115A.471 and 473.848, all waste generated by municipal government activities (including city/town halls, public works and public safety buildings, parks, and libraries, and for municipalities that arrange for waste services on behalf of their residents (organized collection)) shall be delivered to a waste processing plant for disposal as long as capacity is available. Failure to comply with this provision shall constitute a breach of this Agreement resulting in the loss of all Grant Funding unless, pursuant to statute, the Municipality has conferred with the County and developed a plan to comply within a reasonable period of time. 6. REPORTING. The Municipality shall submit the following reports semi-annually to the County no later than the third Friday in July 2020 and the second Friday in January 2021. a. An accounting of the amount of waste which has been recycled as a result of the Municipality’s activities and the efforts of other community programs, redemption centers and drop-off centers. For recycling programs, the Municipality shall certify the number of tons of each recyclable material which has been collected and the number of tons of each recyclable material which has been marketed. For recycling programs run by other persons or entities, the Municipality shall also provide documentation on forms provided by the County showing the tons of materials that were recycled by the Municipality’s residents through these other programs. The Municipality shall keep detailed records documenting the disposition of all recyclable materials collected pursuant to this Agreement. The Municipality shall also report the number of cubic yards or tons of yard waste and source-separated compostable materials collected for composting, chipping, or land spreading, together with a description of the methodology used for calculations. Any other material removed from the waste stream by the Municipality, i.e. tires and used oil, shall also be reported separately. b. Information regarding any revenue received from sources other than the County for the Municipality’s recycling programs, i.e. revenue taken in from the sale of recyclables and fees collected from residents, shall be reported. c. Copies of all promotional materials that have been prepared by the Municipality during the term of this Agreement to promote its recycling and organics collection programs. d. The Municipality agrees to support County efforts in obtaining hauler reports by ensuring compliance through ordinance, contract or license requirements and the ability to exercise punitive actions, if needed. e. The Municipality agrees to furnish the County with additional reports in form and at frequencies requested by the County for financial evaluation, program management purposes, and reporting to the State of Minnesota. 7. BILLING AND PAYMENT PROCEDURE. The Municipality shall submit itemized invoices semi-annually to the County for abatement activities no later than the third Friday in July 2020 and the second Friday in January 2021. The invoices shall be paid in accordance with standard County procedures, subject to the approval of the Anoka County Board of Commissioners. 8. PUBLICATIONS. The Municipality shall acknowledge the financial assistance of the Anoka County on all promotional materials, reports and publications relating to the activities funded under this Agreement, by including the following acknowledgement: “Funded by the Anoka County Board of Commissioners and State SCORE (Select Committee On Recycling and the Environment) funds.” The Municipality shall provide copies of all promotional materials funded by this grant. The County shall provide all printed public information pieces about County programs. A Municipality shall not modify County publications related to business recycling, household hazardous waste management or the County compost sites. Information about the County’s business recycling program, household hazardous waste management program or County compost sites that a Municipality plans to publish in a Municipal communication, printed or electronic, shall be provided to the County for review and approved by the County prior to publication to ensure accuracy and consistency. 9. INDEMNIFICATION. The County agrees to indemnify, defend, and hold the Municipality harmless from all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, resulting from the acts or omissions of its public officials, officers, agents, employees, and contractors relating to activities performed by the County under this Agreement. The Municipality agrees to indemnify, defend, and hold the County harmless from all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, resulting from the acts or omissions of its public officials, officers, agents, employees, and contractors relating to activities performed by the Municipality under this Agreement. The provisions of this subdivision shall survive the termination or expiration of the term of this Agreement. 10. GENERAL PROVISIONS. a. In performing the provisions of this Agreement, both parties agree to comply with all applicable federal, state or local laws, ordinances, rules, regulations or standards established by any agency or special governmental unit which are now or hereafter promulgated insofar as they relate to performance of the provisions of this Agreement. In addition, the Municipality shall comply with all applicable requirements of the State of Minnesota for the use of SCORE funds provided to the Municipality by the County under this Agreement. The Municipality shall also comply with all relevant portions of the current Anoka County Solid Waste Management Master Plan and shall participate in the preparation of the successor Master Plans. b. If the Municipality utilizes the services of a subcontractor for purposes of meeting requirements herein, the Municipality shall be responsible for the performance of all such subcontracts and shall ensure that the subcontractors perform fully the terms of the subcontract. The agreement between the Municipality and a subcontractor shall obligate the subcontractor to comply fully with the terms of this Agreement. c. It is understood and agreed that the entire agreement is contained herein, and that this Agreement supersedes all oral and written agreements and negotiations between the parties relating to the subject matter hereof. d. Any amendments, alterations, variations, modifications, or waivers of this Agreement shall be valid only when they have been reduced to writing, duly signed by the parties. e. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause or phrase of this Agreement is for any reason held to be contrary to law, such decision shall not affect the remaining portion of this Agreement. f. Nothing in this Agreement shall be construed as creating the relationship of co- partners, joint venturers, or an association between the County and the Municipality, nor shall the Municipality, its employees, agents or representatives be considered employees, agents, or representatives of the County for any purpose. g. The Municipality shall maintain financial and other records and accounts in accordance with requirements of the County and the State of Minnesota. The Municipality shall maintain strict accountability of all funds and maintain records of all receipts and disbursements. Such records and accounts shall be maintained in a form which will permit the tracing of funds and program income to final expenditure. The Municipality shall maintain records sufficient to reflect that all funds received under this Agreement were expended in accordance with Minn. Stat. § 115A.557, Subd. 2, for residential solid waste recycling purposes. The Municipality shall also maintain records of the quantities of materials recycled. All records and accounts shall be retained as provided by law, but in no event for a period of less than five years from the last receipt of payment from the County pursuant to this Agreement. h. Pursuant to Minn. Stat. § 16C.05, the Municipality shall allow the County or other persons or agencies authorized by the County, and the State of Minnesota, including the Legislative Auditor or the State Auditor, access to the records of the Municipality at reasonable hours, including all books, records, documents, and accounting procedures and practices of the Municipality relevant to the subject matter of the Agreement, for purposes of audit. In addition, the County shall have access to the project site(s), if any, at reasonable hours. 11. TERMINATION. This Agreement may be terminated by mutual written agreement of the parties or by either party, with or without cause, by giving not less than seven (7) days’ written notice, delivered by mail or in person to the other party, specifying the date of termination. If this Agreement is terminated, assets acquired in whole or in part with funds provided under this Agreement shall be the property of the Municipality so long as said assets are used by the Municipality for the purpose of a landfill abatement program approved by the County. (SIGNATURE PAGE TO FOLLOW) IN WITNESS WHEREOF, the parties hereunto set their hands. CITY OF LINO LAKES COUNTY OF ANOKA By: By: Cindy Cesare, Division Manager Name: Anoka County Human Services Division Title: Date: Date: By: By: Municipality’s Clerk Rhonda Sivarajah County Administrator Date: Date: Approved as to form and legality: Approved as to form and legality: By: By: Kathryn M. Timm Date: Assistant County Attorney Date: kmt\contracts\integrated waste contracts\SCORE grants\2020 LINO LAKES