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07-12-2021 Council Packet
EXPANDED AGENDA CITY COUNCIL AGENDA Monday, July 12, 2021 C I TOF INMKES 6:30 P.M. (Scheduled to be broadcast on Channel 16) City Council:Mayor Rafferty, Councilmembers Cavegn, Lyden, Ruhland and Stoesz City Administrator: Sarah Cotton COUNCIL WORK SESSION, 6:00 P.M. Community Room (not televised) 1. Review Regular Agenda CITY COUNCIL MEETING, 6:30 P.M. ➢ Call to Order and Roll Call- Councilmembers Stoesz, Lyden, Cavegn, Ruhland and Mayor Rafferty were present ➢ Pledge of Allegiance ➢ Open Mike/Public Comment (in person or received in writing prior to meeting) Dorothy Rademacher, 6635 184t" St, Forest Lake, requested financial assistance for the upcoming Blue Heron Days parade and related events ➢ Setting the Agenda: Addition or Deletion of Agenda Items The agenda was approved as presented. 1. CONSENT AGENDA A) Consideration of Expenditures: i) July 12, 2021 (Check No. 114594 through 114681) in the Amount of $864,797.47 B) Consider Approval of June 28, 2021 Work Session Minutes C) Consider Approval of June 28, 2021 Council Meeting Minutes D) Consider Approval of June 28, 2021 Closed Council Minutes E) Consider Approval of Resolution 21-71 American Legion Special Event Fundraiser/Corn Roast F) Consider Approval of Resolution 21-72, Lino Lakes Community Festival, Lino Lakes Chain of Lakes Rotary G) Consider Approval of Resolution 21-74, Quad Area Community Family Fun Festival H) Consider Approval of Resolution No. 21-63, Rescinding Declaration of Local State of Emergency Action Taken: Motion by Ruhland, seconded by Lyden, to approve Consent Agenda Items 1A through 1H as presented,was adopted Council Agenda -2- 2. FINANCE DEPARTMENT REPORT None 3. ADMINISTRATION DEPARTMENT REPORT None 4. PUBLIC SAFETY DEPARTMENT REPORT None 5. PUBLIC SERVICES DEPARTMENT REPORT None 6. COMMUNITY DEVELOPMENT REPORT A) 426 Pine Street, Katie Larsen i) Consider Resolution No. 21-67 Approving a Conditional Use Permit for Commercial Stables ii) Consider Resolution No. 21-68 Denying a Variance to Increase the Number of Animal Units Action Taken: Motion by Stoesz, seconded by Ruhland,to postpone consideration of Resolutions No. 21-67 and 21-68 to the August 9th council meeting,was adopted B) Glamos Wire, Inc. (2300 Main Street), Katie Larsen i) Consider Resolution No. 21-69 Approving Conditional Use Permit for Open and Outdoor Storage ii) Consider Resolution No. 21-70 Approving Site Improvement Performance Agreement Action Taken: Motion by Stoesz, seconded by Lyden, to approve Consent Agenda Items 1A through 1M as presented,was adopted 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Motion by Cavegn, seconded by Ruhland,to adjourn at 6:50 p.m., was adopted Community Calendar—A Look Ahead July 12,2021 through July 26,2021 Wednesday,July 14 6:30 pm,Council Chambers Planning&Zoning Board Monday,July 26 6:00 pm,Community Room Council Work Session 4- Monday,July 26 6:30 pm,Council Chambers City Council Meeting Updated 71912021 CITY COUNCIL AGENDA Monday, July 12, 2021 C IT Y O F * * *** * IN ci JAKES6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council:Mayor Rafferty, Councilmembers Cavegn,Lyden, Ruhland and Stoesz City Administrator: Sarah Cotton COUNCIL WORK SESSION, 6:00 P.M. Community Room (not televised) 1. Review Regular Agenda CITY COUNCIL MEETING, 6:30 P.M. ➢ Call to Order and Roll Call ➢ Pledge of Allegiance ➢ Open Mike/Public Comment (in person or received in writing prior to meeting) ➢ Setting the Agenda: Addition or Deletion of Agenda Items 1. CONSENT AGENDA A) Consideration of Expenditures: i) July 12, 2021 (Check No. 114594 through 114681) in the Amount of $864,797.47 B) Consider Approval of June 28, 2021 Work Session Minutes C) Consider Approval of June 28, 2021 Council Meeting Minutes D) Consider Approval of June 28, 2021 Closed Council Minutes E) Consider Approval of Resolution 21-71 American Legion Special Event Fundraiser/Corn Roast F) Consider Approval of Resolution 21-72, Lino Lakes Community Festival, Lino Lakes Chain of Lakes Rotary G) Consider Approval of Resolution 21-74, Quad Area Community Family Fun Festival H) Consider Approval of Resolution No. 21-63, Rescinding Declaration of Local State of Emergency 2. FINANCE DEPARTMENT REPORT None 3. ADMINISTRATION DEPARTMENT REPORT None Council Agenda -2- 4. PUBLIC SAFETY DEPARTMENT REPORT None 5. PUBLIC SERVICES DEPARTMENT REPORT None 6. COMMUNITY DEVELOPMENT REPORT A) 426 Pine Street, Katie Larsen i) Consider Resolution No. 21-67 Approving a Conditional Use Permit for Commercial Stables ii) Consider Resolution No. 21-68 Denying a Variance to Increase the Number of Animal Units B) Glamos Wire, Inc. (2300 Main Street), Katie Larsen i) Consider Resolution No. 21-69 Approving Conditional Use Permit for Open and Outdoor Storage ii) Consider Resolution No. 21-70 Approving Site Improvement Performance Agreement 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Community Calendar—A Look Ahead July 12,2021 through July 26,2021 Wednesday,July 14 6:30 pm, Council Chambers Planning&Zoning Board - Monday,July 26 6:00 pm, Community Room Council Work Session Monday,July 26 6:30 pm, Council Chambers City Council Meeting a4 YYH CITY OF IN KES Expenditures July 12, 2021 Check #114594 to #114681 $864,797.47 Accounts Payable Check Detail rr User: katie.christofferson C i Tf �+: Printed: 07/08/2021 - 8:07AM LNCJJ ICE Check Number Check Date Check Description Amount 2-1st Choice Document Destruction 114596 07/12/2021 Inv 21-2101 Recycling 1830 lbs of paper and cardboar 600.00 114596 Total: 600.00 2-1st Choice Document Destruction Total: 600.00 4-A&L Superior Quality Sod,Inc. 114597 07/12/2021 Inv 9298 7 Rolls Turfgrass sod 19.60 114597 Total: 19.60 4-A&L Superior Quality Sod,Inc.Total: 19.60 11-Ace Solid Waste,Inc. 114598 07/12/2021 52-7741 Lake Dr Inv May 2021 50-Clearwater Creek Organic Recycling 2,040.66 114598 Total: 2,040.66 11-Ace Solid Waste,Inc.Total: 2,040.66 16-Aid Electric Corporation 114599 07/12/2021 Inv 65957 Added dedicated circuit to fire alarm pa 972.12 114599 Total: 972.12 16-Aid Electric Corporation Total: 972.12 1657-Aker Doors,Inc. 114600 07/12/2021 Inv 6400 Service and adjust door 206.66 114600 Total: 206.66 1657-Aker Doors,Inc.Total: 206.66 25-American Legal Publishing Corp AP-Check Detail(7/8/2021- 8:07 AM) Page 1 Check Number Check Date Check Description Amount 114601 07/12/2021 Inv 8936 Internet renewal period 7/7/21-7/7/22 375.00 114601 Total: 375.00 25-American Legal Publishing Corp Total: 375.00 42-Anoka County Property Records&Taxation 114602 07/12/2021 Inv 2021 2021 Assessment Contract 90,810.00 114602 Total: 90,810.00 42-Anoka County Property Records&'Taxation"total: 90,810.00 44-Anoka County Treasury Office 114603 07/12/2021 Inv B210616L Site 117 July 2021 Cac Fiber 225.00 114603 Total: 225.00 44-Anoka County Treasury Office Total: 225.00 1674-Aramark Uniform&Career Apparel Group,Inc. 114604 07/12/2021 Inv 1005071766 Towels 100.14 114604 Total: 100.14 1674-Aramark Uniform&Career Apparel Group,Inc.Total: 100.14 54-Aspen Mills,Inc. 114605 07/12/2021 Inv 275288 Uniform Allowance-K.Kraemer 186.48 114605 Total: 186.48 54-Aspen Mills,Inc.Total: 186.48 55-Auto Nation Ford White Bear Lake 114606 07/12/2021 Inv 68112 Motor assembly#256 54.67 114606 Total: 54.67 55-Auto Nation Ford White Bear Lake Total: 54.67 1359-Blaine Lock&Safe,Inc. 114607 07/12/2021 Inv 30593 Best O Cores-Qty 5,Pinup Best Core- 239.75 AP-Check Detail(7/8/2021- 8:07 AM) Page 2 Check Number Check Date Check Description Amount 114607 Total: 239.75 1359-Blaine Lock&Safe,Inc.Total: 239.75 106-C.W.Houle,Inc. 114608 07/12/2021 Inv 11356 3-Catch Basin Repairs-Black Duck,He 4,995.00 114608 Total: 4,995.00 106-C.W.Houle,Inc.Total: 4,995.00 115-Centennial Utilities 114609 07/12/2021 110-Sunrise Inv May 2021 130-7204 Lake Drive Natural Gas 2,223.87 114609 Total: 2,223.87 115-Centennial Utilities Total: 2,223.87 117-Central Pension Fund 101-000-2040-000 114594 06/25/2021 June 2021 Inv June 2021 June 2021 4,992.00 114594 Total: 4,992.00 117-Central Pension Fund Total: 4,992.00 118-Central Wood Products-Rivard Companies 114610 07/12/2021 Inv 463389 90 bags of mulch/wood chips 1,480.50 Inv 463907 100 bags of mulch/wood chips 1,700.00 114610 Total: 3,190.50 118-Central Wood Products-Rivard Companies Total: 3,180.50 121-CenturyLink 101-432-4321-503 114611 07/12/2021 Inv 6517843659 Phone-6517843659 59.51 114611 Total: 59.51 114612 07/12/2021 Inv 7637869015 Phone-7637869015 61.47 114612 Total: 61.47 121-CenturyLink Total: 120.98 AP-Check Detail(7/8/2021- 8:07 AM) Page 3 Check Number Check Date Check Description Amount 122-CES Imaging 101-432-4410-503 114613 07/12/2021 Inv INV128215 June Plotter/Scanner Maintenance 86.90 114613 Total: 86.90 122-CES Imaging Total: 86.90 129-City of Blaine 114614 07/12/2021 Inv 6077 Shared Street Light Billing 2020(Jan-De 378.08 114614 Total: 378.08 129-City of Blaine Total: 378.08 138-City of St.Paul 114615 07/12/2021 Inv IN45657 Asphalt 7,798.55 114615 Total: 7,798.55 138-City of St.Paul Total: 7,798.55 1278-Core&Main LP 114616 07/12/2021 Inv OI06357 Hydrant Wrench 396.90 Inv OI06434 Hydrant Wrench 146.90 Inv P126995 Irrigation Meter 1,073.19 Inv P127278 2 Fire Hydrants 7,952.00 114616 Total: 9,568.99 1278-Core&Main LP Total: 9,568.99 156-Cross Nurseries,Inc. 114617 07/12/2021 Inv 046472 City Tree Sale 5,089.40 114617 Total: 5,089.40 156-Cross Nurseries,Inc.Total: 5,089.40 162-Curtis 1000 Inc. 114618 07/12/2021 Inv 6344613 UB Return Envelopes 848.58 Inv 6344614 UB Window Envelopes 946.59 114618 Total: 1,795.17 AP-Check Detail(7/8/2021- 8:07 AM) Page 4 Check Number Check Date Check Description Amount 162-Curtis 1000 Inc.Total: 1,795.17 167-Dalco,Inc. 114619 07/12/2021 Inv 3787864 Toilet tissue,garbage can bags,kleenex 851.84 Inv 3790722 Garbage bag liners 22.60 114619 Total: 874.44 167-Dalco,Inc.Total: 874.44 170-Davis Equipment Corporation 114621 07/12/2021 Inv EI14070 Bearing,bearing cup,grease seal#409 84.50 114621 Total: 84.50 170-Davis Equipment Corporation Total: 84.50 1757-Davis,Phillip 114620 07/12/2021 Inv 6/30/2021 Organic Site Tour 38.64 114620 Total: 38.64 1757-Davis,Phillip Total: 38.64 175-Delta Dental of Minnesota 114622 07/12/2021 100 Inv July 2021 112 Dental Insurance Premiums 3,795.98 114622 Total: 3,795.98 175-Delta Dental of Minnesota Total: 3,795.98 187-Earl F.Andersen 114623 07/12/2021 Inv 0126221-IN Directional traffic signs andposts 3,705.50 Inv 0126245-IN Directional traffic signs 86.60 Inv 0126343-IN Directional traffic signs 54.50 Inv 0126810-IN Directional traffic signs 144.75 114623 Total: 3,991.35 187-Earl F.Andersen Total: 3,991.35 1537-Electro Watchman,Inc. 114624 07/12/2021 Inv 369713 Fire Station#1 Upgrades 1,031.50 Inv 369714 Fire Station#2 Upgrades 531.25 AP-Check Detail(7/8/2021- 8:07 AM) Page 5 Check Number Check Date Check Description Amount Inv 369715 Annual inspection 777.84 Inv 369716 Annual inspection 718.01 114624 Total: 3,058.60 1537-Electro Watchman,Inc.Total: 3,058.60 192-Emergency Apparatus Maintenance 114625 07/12/2021 Inv 118978 Repair direct fill to tank leak#610 1,601.18 114625 Total: 1,601.18 192-Emergency Apparatus Maintenance Total: 1,601.18 204-Factory Motor Parts Company 114626 07/12/2021 Inv 159-051611 Battery#264 111.48 114626 Total: 111.48 204-Factory Motor Parts Company Total: 111.48 210-Ferguson Waterworks#2518 114627 07/12/2021 Inv 0473313-1 Paint&curb stop parts 770.40 114627 Total: 770.40 210-Ferguson Waterworks#2518 Total: 770.40 1458-Fidelity Security Life Insurance Co. 101-000-2048-000 114628 07/12/2021 Inv 7/1/2021 July Vision Insurance 119.38 114628 Total: 119.38 1458-Fidelity Security Life Insurance Co.Total: 119.38 216-First Advantage Occ. 114629 07/12/2021 Inv 2506832105 Annual Enrolhnent-T.Paulno 34.19 114629 Total: 34.19 216-First Advantage Occ.Total: 34.19 225-Frattallone's/Circle Pines Ace 114630 07/12/2021 Inv 075077/G Cement primer and PVC 22.48 AP-Check Detail(7/8/2021- 8:07 AM) Page 6 Check Number Check Date Check Description Amount Inv 075144/G Torch head trigger 46.99 114630 Total: 69.47 225-Frattallone's/Circle Pines Ace Total: 69.47 227-Freimuth Enterprises,LLC 114631 07/12/2021 Inv Apri12021 April 2021 Recycling Saturday-Tonnage 375.00 Inv Feb2021 February 2021 Recycling Saturday-Tonna 375.00 Inv Jan2021 January 2021 Recycling Saturday-Tonnag 375.00 Inv March2021 March 2021 Recycling Saturday-Tonnage 375.00 Inv May2021 May 2021 Recycling Saturday-Tonnage 38 375.00 114631 Total: 1,875.00 227-Freimuth Enterprises,LLC Total: 1,875.00 1386-Frontier Ag&Turf 114632 07/12/2021 Inv P25026 Throttle cable#144 45.10 114632 Total: 45.10 1386-Frontier Ag&Turf Total: 45.10 233-GDO Law 101-414-4303-000 114633 07/12/2021 Inv 6709 July Prosecutor Contract 8,500.00 114633 Total: 8,500.00 233-GDO Law Total: 8,500.00 1264-Hach Company 114634 07/12/2021 Inv 12508059 KTO Reagent and Fluoride 532.73 114634 Total: 532.73 1264-Hach Company Total: 532.73 271-Hawkins,Inc. 114635 07/12/2021 Inv 4952846 Chlorine,LPC-5,and Hydrofluosilicic Ac 9,126.61 Inv 4960994 Chlorine and LPC-5 9,908.91 Inv 4969265 Chlorine 55.00 114635 Total: 19,090.52 AP-Check Detail(7/8/2021- 8:07 AM) Page 7 Check Number Check Date Check Description Amount 271-Hawkins,Inc.Total: 19,090.52 290-Hogstad Osterhues,Lisa 114636 07/12/2021 Inv 6/18/2021 MCFOA Reimbursement 94.78 114636 Total: 94.78 290-Hogstad Osterhues,Lisa Total: 94.78 294-Hotsy Equipment of Minnesota 114637 07/12/2021 Inv 71327 Replacement hose for vac trailer 164.05 114637 Total: 164.05 294-Hotsy Equipment of Minnesota Total: 164.05 1749-Huebsch Services 114638 07/12/2021 Inv 20075869 Mats 48.71 Inv 20077138 Mats 48.71 Inv 20078407 Mats 49.10 Inv 20079709 Mats 49.10 Inv 20080986 Mats 49.10 Inv 20084899 Mats 54.06 Inv 20086175 Mats 25.08 114638 Total: 323.86 1749-Huebsch Services Total: 323.86 311-Instrumental Research,Inc. 114639 07/12/2021 Inv 3354 May Water Testing 230.00 114639 Total: 230.00 311-Instrumental Research,Inc.Total: 230.00 1717-Jacon,LLC 114640 07/12/2021 Inv 013084-000-6 NE Drainage Area Improvements 42,629.83 114640 Total: 42,629.83 1717-Jacon,LLC Total: 42,629.83 757-Jimmy's Johnnys 101-450-4410-000 114641 07/12/2021 AP-Check Detail(7/8/2021- 8:07 AM) Page 8 Check Number Check Date Check Description Amount Inv 184154 Toilet Rental City Hall Park 60.00 Inv 184155 Toilet Rental Marshan Park 60.00 Inv 184156 Toilet Rental Sunrise Park 180.00 Inv 184157 Toilet Rental Birch Park 60.00 Inv 184158 Toilet Rental Clearwater Creek 60.00 Inv 184159 Toilet Rental Lino Park 60.00 Inv 184160 Toilet Rental Behm's Park 60.00 Inv 184161 Toilet Rental Highland Meadows 60.00 Inv 184162 Toilet Rental Sunset Oaks Park 60.00 114641 Total: 660.00 757-Jimmy's Johnnys Total: 660.00 1597-Landmark Structures I,LP 114642 07/12/2021 Inv 13091-000-13 Water TowerNo.3 50,768.00 114642 Total: 50,768.00 1597-Landmark Structures I,LP Total: 50,768.00 1762-LEAST Services/Counseling,LLC 114643 07/12/2021 Inv 446 Counseling Services 4,785.00 Inv 485 Counseling Services 275.00 114643 Total: 5,060.00 1762-LEAST Services/Counseling,LLC Total: 5,060.00 1615-Lennar MN Division 114644 07/12/2021 Inv 6/29/2021 Long Term Escrow Reduction 156,999.32 114644 Total: 156,999.32 1615-Lennar NIN Division Total: 156,999.32 381-Lincoln National Life Ins Co 114645 07/12/2021 155 Inv July 2021 100 Disability Insurance Premiums 1,472.67 114645 Total: 1,472.67 114646 07/12/2021 290 Inv July 2021 190 Life Insurance Premiums 1,405.35 114646 Total: 1,405.35 381-Lincoln National Life Ins Co Total: 2,878.02 AP-Check Detail(7/8/2021- 8:07 AM) Page 9 Check Number Check Date Check Description Amount 1557-Mader,Jay 114647 07/12/2021 Inv 2018-03117 Escrow Release-450 Aqua Ln 2,475.00 114647 Total: 2,475.00 1557-Mader,Jay Total: 2,475.00 399-Mansfield Oil Company 101-431-4212-000 114648 07/12/2021 Inv 22430166 Diesel Fuel 2,738.16 Inv 22430313 Gasoline 6,462.57 114648 Total: 9,200.73 399-Mansfield Oil Company Total: 9,200.73 404-Martin-McAllister 114649 07/12/2021 Inv 13925 Public Safety Assessment-D.Swenson 550.00 114649 Total: 550.00 404-Martin-McAllister Total: 550.00 410-MCFOA 114650 07/12/2021 Inv 6/24/2021 MN Certified Municipal Clerk Application 40.00 114650 Total: 40.00 410-MCFOA Total: 40.00 416-Medica 114651 07/12/2021 250 Inv July 2021 170 Health Insurance Premiums 50,499.64 114651 Total: 50,499.64 416-Medica Total: 50,499.64 418-Menards-Forest Lake 114652 07/12/2021 Inv 53239 Paintcare fee 0.99 Inv 60336 PD Locker Room Remodel 2,415.04 Inv 61019 PD Locker Room Remodel 83.98 Inv 64192 251b bag Oil Dri 29.94 Inv 64288 PVC pipe and pipe adapter 5.68 Inv 64626 PD Locker Room Remodel 222.37 Inv 64734 Water 20.48 AP-Check Detail(7/8/2021- 8:07 AM) Page 10 Check Number Check Date Check Description Amount Inv 65209 PD Locker Room Remodel 14.33 Inv 65287 Sink repair parts 27.98 Inv 65661 Installation of No Trespassing Sign 68.66 114652 Total: 2,889.45 418-Menards-Forest Lake Total: 2,889.45 421-Metro Sales Incorporated 114653 07/12/2021 Inv INV1804664 Copier Maintenance Contract Ricoh/MP C30 289.81 Inv INV1804669 Copier Maintenance Contract Ricoh/MP C35 240.80 Inv INV1808653 Copier Maintenance Contract Ricoh/MP C25 184.99 114653 Total: 715.60 421-Metro Sales Incorporated Total: 715.60 450-MN Department of Health 114654 07/12/2021 Inv Q22021 2nd Qtr 2021 Water ConnectionFee 12,370.00 114654 Total: 12,370.00 450-MN Department of Health Total: 12,370.00 455-MN Metro North Tourism Board 101-415-4900-000 114655 07/12/2021 Inv 5/31/2021 May 2021 Tourism Tax 4,186.00 114655 Total: 4,186.00 455-MN Metro North Tourism Board Total: 4,186.00 477-NAC Mechanical&Electrical 114656 07/12/2021 Inv 185542 Installed hot valves 2,201.02 114656 Total: 2,201.02 477-NAC Mechanical&Electrical Total: 2,201.02 480-NCPERS Group Life Insurance 101-000-2040-000 114595 06/25/2021 June Life Insurance Premiums Inv June 2021 June Life Insurance Premiums June 2021 Life Insurance Premiums 240.00 114595 Total: 240.00 480-NCPERS Group Life Insurance Total: 240.00 AP-Check Detail(7/8/2021- 8:07 AM) Page 11 Check Number Check Date Check Description Amount UB-00092-NELSON,RICHARD 114657 07/12/2021 Inv Refund Check 005765-000,7797 STALLION 14.34 114657 Total: 14.34 UB-00092-NELSON,RICHARD Total: 14.34 1450-Occupational Health Centers of NIN,P.C. 114658 07/12/2021 Inv 103374867 Background Check-Y.Hen 197.50 114658 Total: 197.50 1450-Occupational Health Centers of NIN,P.C.Total: 197.50 506-Olson's Sewer Service,Inc. 114659 07/12/2021 Inv 95109 Wastewater removal and disposal from Pub 469.00 114659 Total: 469.00 506-Olson's Sewer Service,Inc.Total: 469.00 509-O'Reilly Automotive Stores 114660 07/12/2021 Inv 5914-162682 Power steering pump#402 11.49 Inv 5914-162891 Blower motor#256 110.19 Inv 5914-163494 Belt and hose fitting return credit -40.01 114660 Total: 81.67 509-O'Reilly Automotive Stores Total: 91.67 532-Philip's Tree Care 114661 07/12/2021 Inv 12944 Fertilizer 131.68 114661 Total: 131.68 532-Philip's Tree Care Total: 131.68 1632-Prairie Restorations,Inc. 114662 07/12/2021 Inv 28620 Disking/harrowing,seed,seeding,mulchi 12,017.52 114662 Total: 12,017.52 1632-Prairie Restorations,Inc.Total: 12,017.52 AP-Check Detail(7/8/2021- 8:07 AM) Page 12 Check Number Check Date Check Description Amount 552-Press Publications,Inc. 114663 07/12/2021 Inv 706722 Approving sale of land to Vaquero Ventur 71.68 Inv 706723 Rezoning Butler Addition 112.64 Inv 706725 Statement of Net Positions Proprietary F 189.44 Inv 706727 Statement of Cash Flows Proprietary Fund 199.68 Inv 706729 Summary Financial Report 168.96 Inv 706730 Statement of Revenues,Expenses,&Chang 199.68 114663 Total: 942.08 552-Press Publications,Inc.Total: 942.08 588-Safety-Meen Systems,Inc. 114664 07/12/2021 Inv CN12961671 Solvent 50.42 114664 Total: 50.42 588-Safety-Meen Systems,Inc.Total: 50.42 1593-Shred-it,c/o Stericycle,Inc. 114665 07/12/2021 Inv 8182194875 Document destruction 84.64 114665 Total: 84.64 1593-Shred-it,c/o Stericycle,Inc.Total: 84.64 1103-Sir Lines-A-Lot 114666 07/12/2021 Inv H21-0477-001 Crosswalk striping 5,932.60 114666 Total: 5,932.60 1103-Sir Lines-A-Lot Total: 5,932.60 638-State of MIN-Department of Finance 114667 07/12/2021 Inv 20-034111 Forfeiture Distribution Case#20-034111 885.12 114667 Total: 885.12 638-State of NIN-Department of Finance Total: 885.12 794-Street Smart Rental 114668 07/12/2021 Inv 1067370 Portable message trailer 18,007.00 114668 Total: 18,007.00 AP-Check Detail(7/8/2021- 8:07 AM) Page 13 Check Number Check Date Check Description Amount 794-Street Smart Rental Total: 18,007.00 651-T.A.Schifsky and Sons,Inc. 114669 07/12/2021 Inv 017006-000-4 2021 Street Improvement Projects 268,158.17 114669 Total: 268,158.17 651-T.A.Schifsky and Sons,Inc.Total: 268,158.17 656-TDS Metrocom MN 114670 07/12/2021 Inv 7/1/2021 Phone Services 6/13/21-7/12/21 243.68 114670 Total: 243.68 656-TDS Metrocom MN Total: 243.68 659-Tessman Company 114671 07/12/2021 Inv S337738-IN Fertilizer 620.00 Inv S338728-IN Soil 264.00 114671 Total: 884.00 659-Tessman Company Total: 884.00 1761-T-Mobile USA Inc 114672 07/12/2021 10 Inv June 2021 30 Cell Phone/Wi-Fi Service 488.34 114672 Total: 488.34 1761-T-Mobile USA Inc Total: 488.34 681-Twin Cities Transport&Recovery 114673 07/12/2021 Inv 21-0617-51670 ICR#21-131172 85.00 Inv 21-0622-52282 ICR#21-135102 85.00 114673 Total: 170.00 681-Twin Cities Transport&Recovery Total: 170.00 682-Twin City Fab,Inc. 114674 07/12/2021 Inv 30363 Reflective Strips 150.00 114674 Total: 150.00 AP-Check Detail(7/8/2021- 8:07 AM) Page 14 Check Number Check Date Check Description Amount 682-Twin City Fab,Inc.Total: 150.00 683-Twin City Garage Door Co,Inc 114675 07/12/2021 Inv Z179638 Public Works overhead shop door maimena 252.50 114675 Total: 252.50 683-Twin City Garage Door Co,Inc Total: 252.50 698-Valley-Rich Co.,Inc. 114676 07/12/2021 Inv 29562 Sewer main repair at Lift 2 3,257.50 114676 Total: 3,257.50 698-Valley-Rich Co.,Inc.Total: 3,257.50 704-W.W.Goetsch Associates,Inc. 114677 07/12/2021 Inv 106283 Lift Station 4 repair 2,720.85 114677 Total: 2,720.85 704-W.W.Goetsch Associates,Inc.Total: 2,720.85 1104-Walters Recycling&Refuse 114678 07/12/2021 Inv 5425481 Trash&Recycling 159.97 114678 Total: 159.97 1104-Walters Recycling&Refuse Total: 159.97 1447-Wheeler Hardware Company 114679 07/12/2021 Inv SPI120131 PD armory door adjustment 340.00 114679 Total: 340.00 1447-Wheeler Hardware Company Total: 340.00 UB-00091-WYSE,LAURA&ROBERT 114680 07/12/2021 Inv Refund Check 016009-000,2062 RED OAK L 36.44 114680 Total: 36.44 UB-00091-WYSE,LAURA&ROBERT Total: 36.44 AP-Check Detail(7/8/2021- 8:07 AM) Page 15 Check Number Check Date Check Description Amount 734-Xcel Energy 114681 07/12/2021 110-Street Lights Inv June 2021-1 110-Street Lights Electric 4,010.43 Inv June 2021-2 130 Electric 19,284.24 114681 Total: 23,294.67 734-Xcel Energy Total: 23,294.67 Total: 864,797.47 AP-Check Detail(7/8/2021- 8:07 AM) Page 16 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 7/12/2021 City Council Meeting C IT YJAMEW O F INLAKES Vendor Fund/Dept Account Amount Check# Description Central Pension Fund 101-000 101-000-2040-000 4,992.00 114594 Jun-21 Delta Dental of Minnesota 101-000 101-000-2040-000 145.12 114622 Dental Insurance Premiums Fidelity Security Life Insurance Co. 101-000 101-000-2040-000 14.31 114628 July Vision Insurance Lincoln National Life Ins Co 101-000 101-000-2040-000 1,168.31 114646 Life Insurance Premiums Lincoln National Life Ins Co 101-000 101-000-2040-000 83.90 114646 Life Insurance Premiums Medica 101-000 101-000-2040-000 -1,222.48 114651 Health Insurance Premiums NCPERS Group Life Insurance 101-000 101-000-2040-000 240.00 114595 June 2021 Life Insurance Premiums Medica 101-000 101-000-2041-000 8,999.96 114651 Health Insurance Premiums Delta Dental of Minnesota 101-000 101-000-2044-000 1,224.00 114622 Dental Insurance Premiums Fidelity Security Life Insurance Co. 101-000 101-000-2048-000 105.07 114628 July Vision Insurance Lincoln National Life Ins Co 101-000 101-000-3416-000 0.14 114646 Life Insurance Premiums 101-000 Total 15,750.33 Medica 101-402 101-402-4131-000 538.42 114651 Health Insurance Premiums Lincoln National Life Ins Co 101-402 101-402-4133-000 96.35 114645 Disability Insurance Premiums Lincoln National Life Ins Co 101-402 101-402-4133-000 9.00 114646 Life Insurance Premiums Delta Dental of Minnesota 101-402 101-402-4134-000 89.89 114622 Dental Insurance Premiums First Advantage Occ. 101-402 101-402-4300-000 34.19 114629 Annual Enrollment-T.Paulno Martin-McAllister 101-402 101-402-4300-000 550.00 114649 Public Safety Assessment-D.Swenson Occupational Health Centers of MN P.C. 101-402 101-402-4300-000 197.50 114658 Background Check-Y.Heu Hogstad Osterhues Lisa 101-402 101-402-4330-000 94.78 114636 MCFOA Reimbursement American Legal Publishing Corp 101-402 101-402-4410-000 375.00 114601 Internet renewal period 7/7/21-7/7/22 Shred-it c/o Stericycle Inc. 101-402 101-402-4410-000 28.21 114665 Document destruction 101-402 Total 2,013.34 Medica 101-407 101-407-4131-000 2,066.40 114651 Health Insurance Premiums Lincoln National Life Ins Co 101-407 101-407-4133-000 66.67 114645 Disability Insurance Premiums Lincoln National Life Ins Co 101-407 101-407-4133-000 6.98 114646 Life Insurance Premiums Delta Dental of Minnesota 101-407 101-407-4134-000 101.11 114622 Dental Insurance Premiums Press Publications Inc. 101-407 101-407-4340-000 189.44 114663 Statement of Net Positions Proprietary Funds Press Publications Inc. 101-407 101-407-4340-000 199.68 114663 Statement of Cash Flows Proprietary Funds Press Publications Inc. 101-407 101-407-4340-000 168.96 114663 Summary Financial Report Press Publications Inc. 101-407 101-407-4340-000 199.68 114663 Statement of Revenues Expenses &Changes in Fund Net Positions Anoka County Property Records&Taxation 101-407 101-407-4410-000 90,810.00 114602 2021 Assessment Contract MCFOA 101-407 101-407-4452-000 40.00 114650 MN Certified Municipal Clerk Application-T.Thoma 101-407 Total 93,848.92 GDO Law 101-414 101-414-4303-000 8,500.00 114633 July Prosecutor Contract 101-414 Total 8,500.00 MN Metro North Tourism Board 101-415 101-415-4900-000 4,186.00 114655 May 2021 Tourism Tax 101-415 Total 4,186.00 Medica 101-416 101-416-4131-000 538.43 114651 Health Insurance Premiums Lincoln National Life Ins Co 101-416 101-416-4133-000 25.84 114645 Disability Insurance Premiums Lincoln National Life Ins Co 101-416 101-416-4133-000 2.25 114646 Life Insurance Premiums Delta Dental of Minnesota 101-416 101-416-4134-000 44.94 114622 Dental Insurance Premiums Press Publications Inc. 101-416 101-416-4340-000 71.68 114663 Approving sale of land to Vaquero Ventures 101-416 Total 683.14 Medica 101-418 101-418-4131-000 538.42 114651 Health Insurance Premiums Lincoln National Life Ins Co 101-418 101-418-4133-000 43.59 114645 Disability Insurance Premiums Lincoln National Life Ins Co 101-418 101-418-4133-000 4.50 114646 Life Insurance Premiums Delta Dental of Minnesota 101-418 101-418-4134-000 44.94 114622 Dental Insurance Premiums 101-418 Total 631.45 Medica 101-420 101-420-4131-000 20,399.32 114651 Health Insurance Premiums Lincoln National Life Ins Co 101-420 101-420-4133-000 709.68 114645 Disability Insurance Premiums Lincoln National Life Ins Co 101-420 101-420-4133-000 70.98 114646 Life Insurance Premiums Delta Dental of Minnesota 101-420 101-420-4134-000 1,193.21 114622 Dental Insurance Premiums Menards-Forest Lake 101-420 101-420-4240-000 0.99 114652 Paintcare fee LEAST Services/Counseling LLC 101-420 101-420-4300-000 275.00 114643 Counseling Services LEAST Services/Counseling LLC 101-420 101-420-4300-000 2,905.00 114643 Counseling Services Aspen Mills Inc. 101-420 101-420-4370-000 186.48 114605 Uniform Allowance-K.Kraemer Xcel Energy 101-420 101-420-4381-000 3.61 114681 Electric Shred-it c/o Stericycle Inc. 101-420 101-420-4410-000 56.43 114665 Document destruction 101-420 Total 25,800.70 Medica 101-421 101-421-4131-000 1,313.91 114651 Health Insurance Premiums Lincoln National Life Ins Co 101-421 101-421-4133-000 51.17 114645 Disability Insurance Premiums Lincoln National Life Ins Co 101-421 101-421-4133-000 4.40 114646 Life Insurance Premiums Page 1 AP Checks by Account Number 7/12/2021 City Council Meeting C IT YJAMEW O F INLAKES Vendor Fund/Dept Account Amount Check# Description Delta Dental of Minnesota 101-421 101-421-4134-000 65.16 114622 Dental Insurance Premiums Menards-Forest Lake 101-421 101-421-4211-000 20.48 114652 Water Menards-Forest Lake 101-421 101-421-4211-000 29.94 114652 251b bag Oil Dri LEAST Services/Counseling LLC 101-421 101-421-4300-000 1,880.00 114643 Counseling Services 101-421 Total 3,365.06 Medica 101-422 101-422-4131-000 8,530.54 114651 Health Insurance Premiums Lincoln National Life Ins Co 101-422 101-422-4133-000 76.13 114645 Disability Insurance Premiums Lincoln National Life Ins Co 101-422 101-422-4133-000 7.87 114646 Life Insurance Premiums Delta Dental of Minnesota 101-422 101-422-4134-000 89.88 114622 Dental Insurance Premiums T-Mobile USA Inc 101-422 101-422-4321-000 149.33 114672 Cell Phone/Wi-Fi Service 101-422 Total 8,853.75 Medica 101-430 101-430-4131-000 2,699.36 114651 Health Insurance Premiums Lincoln National Life Ins Co 101-430 101-430-4133-000 119.31 114645 Disability Insurance Premiums Lincoln National Life Ins Co 101-430 101-430-4133-000 14.06 114646 Life Insurance Premiums Delta Dental of Minnesota 101-430 101-430-4134-000 191.01 114622 Dental Insurance Premiums Earl F.Andersen 101-430 101-430-4223-000 86.60 114623 Directional traffic signs Earl F.Andersen 101-430 101-430-4223-000 144.75 114623 Directional traffic signs Earl F.Andersen 101-430 101-430-4223-000 3,705.50 114623 Directional traffic signs and posts Earl F.Andersen 101-430 101-430-4223-000 54.50 114623 Directional traffic signs Menards-Forest Lake 101-430 101-430-4223-000 68.66 114652 Installation of No Trespassing Sign Twin City Fab Inc. 101-430 101-430-4223-000 150.00 114674 Reflective Strips City of St.Paul 101-430 101-430-4224-000 7,798.55 114615 Asphalt T-Mobile USA Inc 101-430 101-430-4321-000 92.56 114672 Cell Phone/Wi-Fi Service City of Blaine 101-430 101-430-4385-000 378.08 114614 Shared Street Light Billing 2020(Jan-Dec) Xcel Energy 101-430 101-430-4385-000 4,010.43 114681 Electric Xcel Energy 101-430 101-430-4385-000 540.97 114681 Electric C.W.Houle Inc. 101-430 101-430-4410-000 4,995.00 114608 3-Catch Basin Repairs-Black Duck Heather Ct Country Ln Olson's Sewer Service Inc. 101-430 101-430-4410-000 469.00 114659 Wastewater removal and disposal from Public Works Sir Lines-A-Lot 101-430 101-430-4410-000 5,932.60 114666 Crosswalk striping Twin City Garage Door Co Inc 101-430 101-430-4410-000 252.50 114675 Public Works overhead shop door maintenance Street Smart Rental 101-430 101-430-5000-000 18,007.00 114668 Portable message trailer 101-430 Total 49,710.44 Medica 101-431 101-431-4131-000 1,084.08 114651 Health Insurance Premiums Lincoln National Life Ins Co 101-431 101-431-4133-000 42.83 114645 Disability Insurance Premiums Lincoln National Life Ins Co 101-431 101-431-4133-000 4.95 114646 Life Insurance Premiums Delta Dental of Minnesota 101-431 101-431-4134-000 98.88 114622 Dental Insurance Premiums Aramark Uniform&Career Apparel Group Inc. 101-431 101-431-4211-000 100.14 114604 Towels Safety-Kleen Systems Inc. 101-431 101-431-4211-000 50.42 114664 Solvent Mansfield Oil Company 101-431 101-431-4212-000 2,738.16 114648 Diesel Fuel Mansfield Oil Company 101-431 101-431-4212-000 6,462.57 114648 Gasoline Auto Nation Ford White Bear Lake 101-431 101-431-4221-000 54.67 114606 Motor assembly#256 Davis Equipment Corporation 101-431 101-431-4221-000 84.50 114621 Bearing bearing cup grease seal#409 Factory Motor Parts Company 101-431 101-431-4221-000 111.48 114626 Battery#264 Frontier Ag&Turf 101-431 101-431-4221-000 45.10 114632 Throttle cable#144 O'Reilly Automotive Stores 101-431 101-431-4221-000 110.19 114660 Blower motor#256 O'Reilly Automotive Stores 101-431 101-431-4221-000 -40.01 114660 Belt and hose fitting return credit O'Reilly Automotive Stores 101-431 101-431-4221-000 11.49 114660 Power steering pump#402 Emergency Apparatus Maintenance 101-431 101-431-4410-000 1,601.18 114625 Repair direct fill to tank leak#610 101-431 Total 12,560.63 Dalco Inc. 101-432 101-432-4211-000 22.60 114619 Garbage bag liners Dalco Inc. 101-432 101-432-4211-000 851.84 114619 Toilet tissue garbage can bags kleenex paper towels Aid Electric Corporation 101-432 101-432-4300-000 972.12 114599 Added dedicated circuit to fire alarm panel at Fire Stations Anoka County Treasury Office 101-432 101-432-4300-500 75.00 114603 Site 115 July 2021 Cac Fiber Aker Doors Inc. 101-432 101-432-4300-501 206.66 114600 Service and adjust door Anoka County Treasury Office 101-432 101-432-4300-501 75.00 114603 Site 116 July 2021 Cac Fiber Anoka County Treasury Office 101-432 101-432-4300-503 75.00 114603 Site 117 July 2021 Cac Fiber NAC Mechanical&Electrical 101-432 101-432-4300-503 2,201.02 114656 Installed hot valves Wheeler Hardware Company 101-432 101-432-4300-503 340.00 114679 PD armory door adjustment TDS Metrocom MN 101-432 101-432-4321-000 203.78 114670 Phone Services 6/13/21-7/12/21 CenturyLink 101-432 101-432-4321-503 59.51 114611 Phone-6517843659 Xcel Energy 101-432 101-432-4381-501 535.56 114681 Electric Xcel Energy 101-432 101-432-4381-502 998.52 114681 Electric Xcel Energy 101-432 101-432-4381-503 6,813.21 114681 Electric Page 2 AP Checks by Account Number 7/12/2021 City Council Meeting C IT YJAMEW O F INLAKES Vendor Fund/Dept Account Amount Check# Description Centennial Utilities 101-432 101-432-4383-503 1,364.15 114609 Natural Gas Ace Solid Waste Inc. 101-432 101-432-4384-500 442.24 114598 Trash&Recycling Ace Solid Waste Inc. 101-432 101-432-4384-500 72.71 114598 Commingle Recycling Ace Solid Waste Inc. 101-432 101-432-4384-501 80.33 114598 Trash&Recycling Ace Solid Waste Inc. 101-432 101-432-4384-502 148.74 114598 Trash&Recycling Ace Solid Waste Inc. 101-432 101-432-4384-503 459.60 114598 Trash&Recycling Metro Sales Incorporated 101-432 101-432-4410-500 82.22 114653 Copier Maintenance Contract Ricoh/MP C307 Metro Sales Incorporated 101-432 101-432-4410-500 82.22 114653 Copier Maintenance Contract Ricoh/MP C307 Electro Watchman Inc. 101-432 101-432-4410-501 777.84 114624 Annual inspection Electro Watchman Inc. 101-432 101-432-4410-502 718.01 114624 Annual inspection CES Imaging 101-432 101-432-4410-503 86.90 114613 June Plotter/Scanner Maintenance Huebsch Services 101-432 101-432-4410-503 54.06 114638 Mats Huebsch Services 101-432 101-432-4410-503 25.08 114638 Mats Metro Sales Incorporated 101-432 101-432-4410-503 207.59 114653 Copier Maintenance Contract Ricoh/MP C3504 Metro Sales Incorporated 101-432 101-432-4410-503 158.58 114653 Copier Maintenance Contract Ricoh/MP C3504 Metro Sales Incorporated 101-432 101-432-4410-503 184.99 114653 Copier Maintenance Contract Ricoh/MP C2500-Pub Svcs/Comm Dev 101-432 Total 18,375.08 Medica 101-450 101-450-4131-000 1,453.75 114651 Health Insurance Premiums Lincoln National Life Ins Co 101-450 101-450-4133-000 96.72 114645 Disability Insurance Premiums Lincoln National Life Ins Co 101-450 101-450-4133-000 11.13 114646 Life Insurance Premiums Delta Dental of Minnesota 101-450 101-450-4134-000 177.52 114622 Dental Insurance Premiums Central Wood Products-Rivard Companies 101-450 101-450-4211-000 1,480.50 114610 90 bags of mulch/wood chips Central Wood Products-Rivard Companies 101-450 101-450-4211-000 1,700.00 114610 100 bags of mulch/wood chips Cross Nurseries Inc. 101-450 101-450-4211-000 764.65 114617 Lino Park and Lake Drive Medians Frattallone's/Circle Pines Ace 101-450 101-450-4211-000 46.99 114630 Torch head trigger Tessman Company 101-450 101-450-4211-000 620.00 114671 Fertilizer Tessman Company 101-450 101-450-4211-000 264.00 114671 Soil T-Mobile USA Inc 101-450 101-450-4321-000 50.30 114672 Cell Phone/Wi-Fi Service Xcel Energy 101-450 101-450-4381-000 153.64 114681 Electric Centennial Utilities 101-450 101-450-4383-000 57.92 114609 Natural Gas Centennial Utilities 101-450 101-450-4383-000 25.40 114609 Natural Gas Centennial Utilities 101-450 101-450-4383-000 79.81 114609 Natural Gas Ace Solid Waste Inc. 101-450 101-450-4384-000 207.91 114598 Trash&Recycling Jimmy's Johnnys 101-450 101-450-4410-000 60.00 114641 Toilet Rental Marshan Park Jimmy's Johnnys 101-450 101-450-4410-000 180.00 114641 Toilet Rental Sunrise Park Jimmy's Johnnys 101-450 101-450-4410-000 60.00 114641 Toilet Rental Clearwater Creek Jimmy's Johnnys 101-450 101-450-4410-000 60.00 114641 Toilet Rental Behm's Park Jimmy's Johnnys 101-450 101-450-4410-000 60.00 114641 Toilet Rental Birch Park Jimmy's Johnnys 101-450 101-450-4410-000 60.00 114641 Toilet Rental Sunset Oaks Park Jimmy's Johnnys 101-450 101-450-4410-000 60.00 114641 Toilet Rental City Hall Park Jimmy's Johnnys 101-450 101-450-4410-000 60.00 114641 Toilet Rental Lino Park Jimmy's Johnnys 101-450 101-450-4410-000 60.00 114641 Toilet Rental Highland Meadows Philip's Tree Care 101-450 101-450-4410-000 131.68 114661 Fertilizer 101-450 Total 7,981.92 Medica 101-461 101-461-4131-000 201.91 114651 Health Insurance Premiums Lincoln National Life Ins Co 101-461 101-461-4133-000 8.19 114645 Disability Insurance Premiums Lincoln National Life Ins Co 101-461 101-461-4133-000 0.85 114646 Life Insurance Premiums Delta Dental of Minnesota 101-461 101-461-4134-000 16.85 114622 Dental Insurance Premiums T-Mobile USA Inc 101-461 101-461-4321-000 29.17 114672 Cell Phone/Wi-Fi Service 101-461Tota1 256.97 Medica 101-462 101-462-4131-000 134.61 114651 Health Insurance Premiums Lincoln National Life Ins Co 101-462 101-462-4133-000 5.46 114645 Disability Insurance Premiums Lincoln National Life Ins Co 101-462 101-462-4133-000 0.56 114646 Life Insurance Premiums Delta Dental of Minnesota 101-462 101-462-4134-000 11.24 114622 Dental Insurance Premiums Davis Phillip 101-462 101-462-4330-000 38.64 114620 Organic Site Tour 1st Choice Document Destruction 101-462 101-462-4410-000 600.00 114596 Recycling 1830 Ibs of paper and cardboard Ace Solid Waste Inc. 101-462 101-462-4410-000 94.66 114598 Organic Recycling Ace Solid Waste Inc. 101-462 101-462-4410-000 108.22 114598 Organic Recycling Ace Solid Waste Inc. 101-462 101-462-4410-000 236.21 114598 Organic Recycling Ace Solid Waste Inc. 101-462 101-462-4410-000 190.04 114598 Organic Recycling Freimuth Enterprises LLC 101-462 101-462-4410-000 375.00 114631 February 2021 Recycling Saturday-Tonnage 13 665 Freimuth Enterprises LLC 101-462 101-462-4410-000 375.00 114631 May 2021 Recycling Saturday-Tonnage 38 077 Freimuth Enterprises LLC 101-462 101-462-4410-000 375.00 114631 April 2021 Recycling Saturday-Tonnage 32863 Page 3 AP Checks by Account Number 7/12/2021 City Council Meeting C IT YJAMEW O F INLAKES Vendor Fund/Dept Account Amount Check# Description Freimuth Enterprises LLC 101-462 101-462-4410-000 375.00 114631 January 2021 Recycling Saturday-Tonnage 15 196 Freimuth Enterprises LLC 101-462 101-462-4410-000 375.00 114631 March 2021 Recycling Saturday-Tonnage 21632 101-462 Total 3,294.64 Medica 101-463 101-463-4131-000 201.91 114651 Health Insurance Premiums Lincoln National Life Ins Co 101-463 101-463-4133-000 8.19 114645 Disability Insurance Premiums Lincoln National Life Ins Co 101-463 101-463-4133-000 0.84 114646 Life Insurance Premiums Delta Dental of Minnesota 101-463 101-463-4134-000 16.85 114622 Dental Insurance Premiums 101-463 Total 227.79 Menards-Forest Lake 202-451 202-451-4211-000 27.98 114652 Sink repair parts Centuryl-ink 202-451 202-451-4321-000 61.47 114612 Phone-7637869015 Xcel Energy 202-451 202-451-4381-000 4,843.39 114681 Electric Centennial Utilities 202-451 202-451-4383-000 676.58 114609 Natural Gas Walters Recycling&Refuse 202-451 202-451-4384-000 159.97 114678 Trash&Recycling Huebsch Services 202-451 202-451-4410-000 48.71 114638 Mats Huebsch Services 202-451 202-451-4410-000 49.10 114638 Mats Huebsch Services 202-451 202-451-4410-000 48.71 114638 Mats Huebsch Services 202-451 202-451-4410-000 49.10 114638 Mats Huebsch Services 202-451 202-451-4410-000 49.10 114638 Mats 202-451 Total 6,014.11 State of MN-Department of Finance 207-420 207-420-4300-000 885.12 114667 Forfeiture Distribution Case#20-034111 Twin Cities Transport&Recovery 207-420 207-420-4300-000 85.00 114673 ICR#21-131172 Twin Cities Transport&Recovery 207-420 207-420-4300-000 85.00 114673 ICR#21-135102 207-420 Total 1,055.12 Electro Watchman Inc. 401-432 401-432-4300-000 1,031.50 114624 Fire Station#1 Upgrades Electro Watchman Inc. 401-432 401-432-4300-000 531.25 114624 Fire Station#2 Upgrades Menards-Forest Lake 401-432 401-432-5000-000 14.33 114652 PD Locker Room Remodel Menards-Forest Lake 401-432 401-432-5000-000 212.49 114652 PD Locker Room Remodel Menards-Forest Lake 401-432 401-432-5000-000 2,415.04 114652 PD Locker Room Remodel Menards-Forest Lake 401-432 401-432-5000-000 83.98 114652 PD Locker Room Remodel 401-432 Total 4,288.59 NELSON RICHARD 406-000 406-000-2020-000 1.56 114657 Refund Check 005765-000 7797 STALLION LN WYSE LAURA&ROBERT 406-000 406-000-2020-000 0.77 114680 Refund Check 016009-000 2062 RED OAK LN 406-000 Total 2.33 Landmark Structures I LP 406-499 406-499-4400-127 50,768.00 114642 Water Tower No.3 406-499 Total 50,768.00 T.A.Schifsky and Sons Inc. 421-499 421-499-4400-137 268,158.17 114669 2021 Street Improvement Projects 421-499 Total 268,158.17 Jacon LLC 422-499 422-499-4400-125 42,629.83 114640 NE Drainage Area Improvements 422-499 Total 42,629.83 NELSON RICHARD 601-000 601-000-2020-000 0.38 114657 Refund Check 005765-000 7797 STALLION LN NELSON RICHARD 601-000 601-000-2020-000 3.74 114657 Refund Check 005765-000 7797 STALLION LN WYSE LAURA&ROBERT 601-000 601-000-2020-000 30.28 114680 Refund Check 016009-000 2062 RED OAK LN WYSE LAURA&ROBERT 601-000 601-000-2020-000 0.19 114680 Refund Check 016009-000 2062 RED OAK LN MN Department of Health 601-000 601-000-2140-000 12,370.00 114654 2nd Qtr 2021 Water Connection Fee 601-000 Total 12,404.59 Medica 601-494 601-494-4131-000 1,510.54 114651 Health Insurance Premiums Lincoln National Life Ins Co 601-494 601-494-4133-000 61.27 114645 Disability Insurance Premiums Lincoln National Life Ins Co 601-494 601-494-4133-000 7.29 114646 Life Insurance Premiums Delta Dental of Minnesota 601-494 601-494-4134-000 142.69 114622 Dental Insurance Premiums Curtis 1000 Inc. 601-494 601-494-4200-000 424.29 114618 UB Return Envelopes Curtis 1000 Inc. 601-494 601-494-4200-000 473.30 114618 UB Window Envelopes A&L Superior Quality Sod Inc. 601-494 601-494-4211-000 19.60 114597 7 Rolls Turfgrass sod Core&Main LP 601-494 601-494-4211-000 396.90 114616 Hydrant Wrench Core&Main LP 601-494 601-494-4211-000 7,952.00 114616 2 Fire Hydrants Core&Main LP 601-494 601-494-4211-000 146.90 114616 Hydrant Wrench Ferguson Waterworks#2518 601-494 601-494-4211-000 770.40 114627 Paint&curb stop parts Frattallone's/Circle Pines Ace 601-494 601-494-4211-000 22.48 114630 Cement primer and PVC Menards-Forest Lake 601-494 601-494-4211-000 9.88 114652 Water supplies Menards-Forest Lake 601-494 601-494-4211-000 5.68 114652 PVC pipe and pipe adapter Core&Main LP 601-494 601-494-4215-000 1,073.19 114616 Irrigation Meter Hach Company 601-494 601-494-4222-000 532.73 114634 KTO Reagent and Fluoride Hawkins Inc. 601-494 601-494-4222-000 55.00 114635 Chlorine Hawkins Inc. 601-494 601-494-4222-000 9,126.61 114635 Chlorine LPC-5 and Hydrofluosilicic Acid Page 4 AP Checks by Account Number 7/12/2021 City Council Meeting C IT YJAMEW O F INLAKES Vendor Fund/Dept Account Amount Check# Description Hawkins Inc. 601-494 601-494-4222-000 9,908.91 114635 Chlorine and LPC-5 Blaine Lock&Safe Inc. 601-494 601-494-4300-000 239.75 114607 Best O Cores-Qty 5 Pinup Best Core-Qty 5 Valley-Rich Co. Inc. 601-494 601-494-4300-000 3,257.50 114676 Sewer main repair at Lift 2 TDS Metrocom MN 601-494 601-494-4321-000 39.90 114670 Phone Services 6/13/21-7/12/21 T-Mobile USA Inc 601-494 601-494-4321-000 83.51 114672 Cell Phone/Wi-Fi Service Xcel Energy 601-494 601-494-4381-000 1,850.68 114681 Electric Instrumental Research Inc. 601-494 601-494-4410-000 230.00 114639 May Water Testing 601-494 Total 38,341.00 NELSON RICHARD 602-000 602-000-2020-000 8.66 114657 Refund Check 005765-000 7797 STALLION LN WYSE LAURA&ROBERT 602-000 602-000-2020-000 0.91 114680 Refund Check 016009-000 2062 RED OAK LN WYSE LAURA&ROBERT 602-000 602-000-2020-000 4.29 114680 Refund Check 016009-000 2062 RED OAK LN 602-000 Total 13.86 Medica 602-495 602-495-4131-000 1,510.56 114651 Health Insurance Premiums Lincoln National Life Ins Co 602-495 602-495-4133-000 61.27 114645 Disability Insurance Premiums Lincoln National Life Ins Co 602-495 602-495-4133-000 7.34 114646 Life Insurance Premiums Delta Dental of Minnesota 602-495 602-495-4134-000 142.69 114622 Dental Insurance Premiums Curtis 1000 Inc. 602-495 602-495-4200-000 473.29 114618 UB Window Envelopes Curtis 1000 Inc. 602-495 602-495-4200-000 424.29 114618 UB Return Envelopes Hotsy Equipment of Minnesota 602-495 602-495-4211-000 164.05 114637 Replacement hose for vac trailer W.W.Goetsch Associates Inc. 602-495 602-495-4300-000 2,720.85 114677 Lift Station 4 repair T-Mobile USA Inc 602-495 602-495-4321-000 83.47 114672 Cell Phone/Wi-Fi Service Xcel Energy 602-495 602-495-4381-000 3,544.66 114681 Electric Centennial Utilities 602-495 602-495-4383-000 20.01 114609 Natural Gas 602-495 Total 9,152.48 Cross Nurseries Inc. 801-000 801-000-2027-000 4,324.75 114617 City Tree Sale Press Publications Inc. 801-000 801-000-2300-000 112.64 114663 Rezoning Butler Addition Mader Jay 801-000 801-000-2318-000 2,475.00 114647 Escrow Release-450 Aqua Ln Lennar MN Division 801-000 801-000-2336-106 156,999.32 114644 Long Term Escrow Reduction Prairie Restorations Inc. 801-000 801-000-2353-106 12,017.52 114662 Disking/harrowing seed seeding mulching erosion blanket 801-000 Total 175,929.23 Grand Total 864,797.47 Page 5 4 CITY OF JINCjKE Electronic Funds Transfer MN Statute 471.38 Subd. 3 Council Meeting July 12, 2021 Transfer In/(Out) 6/25/2021 Payroll #13 (145,312.98) 6/25/2021 Payroll #13 Federal Deposit (43,418.84) 6/25/2021 Payroll #13 PERA (44,463.56) 6/25/2021 Payroll #13 State (10,014.01) 6/25/2021 Payroll #13 Child Support (284.77) 6/25/2021 Payroll #13 H.S.A. Bank Pretax (3,096.18) 6/25/2021 Payroll #13 TASC Pretax (749.96) 6/25/2021 Payroll #13 ICMA 457 Def. Comp #301596 (3,845.00) 6/25/2021 Payroll #13 ICMA Roth IRA #706155 (855.75) 6/25/2021 Payroll #13 MSRS HCSP #98946-01 (1,616.21) 6/25/2021 Payroll #13 MSRS Def. Comp #98945-01 (3,458.00) 6/25/2021 Payroll #13 MSRS Roth IRA #98945-01 (755.00) 7/1/2021 HSA Bank ER Contribution (6,416.51) 7/2/2021 Council #07 Payroll (3,304.93) 7/2/2021 Council #07 Federal Deposit (196.60) 7/2/2021 Council #07 PERA (367.62) 7/2/2021 Council #07 State (43.95) 7/6/2021 Anoka County Property Tax Settlement 6,488,299.66 7/6/2021 Transfer to Money Market (6,488,299.66) CITY COUNCIL WORK SESSION DRAFT t CITY OF LINO LAKES 2 MINUTES 3 4 DATE : June 28, 2021 5 TIME STARTED : 6:00 p.m. 6 TIME ENDED : 6:28 p.m. 7 MEMBERS PRESENT : Council Member Stoesz, Lyden, Ruhland, 8 Cavegn and Mayor Rafferty 9 MEMBERS ABSENT : None 10 Staff members present: City Administrator Sarah Cotton; Finance Director Hannah 11 Lynch; Community Development Director Michael Grochala; City Engineer Diane 12 Hankee; Director of Public Safety John Swenson; City Clerk Julie Bartell 13 14 1. Review Regular Agenda of June 28, 2021 15 16 Item 3A—Recreation and Aquatics Center Feasibility Study—Community 17 Development Director Grochala noted that the consultants will be present for the council 18 meeting. Public comments will be accepted. 19 20 Item 3C—Amendment to Lease Agreement with New Creations-Administrator 21 Cotton reviewed the proposed amendment. The City has vacated one room in the day 22 care wing by storing some items elsewhere. New Creations had expressed interest in 23 leasing that room. 24 25 Item 3D—COVID Vaccine Site—Administrator Cotton explained that the State is 26 requesting extension of the lease on the former YMCA facility at least through the end of 27 July and perhaps through the end of August. A lease amendment is proposed by staff. 28 29 Item 3E—Appointment of Police Officer—Public Safety Director Swenson explained 30 his recommendation to hire Yecheng"Eric"Heu. 31 32 Item 4A—Accept Donated Gift Cards—Public Safety Director Swenson noted the total 33 amount of gift cards received and how they are being used by the department. In 34 addition to utilizing the cards for department meeting food and refreshments, they also 35 plan to use them in the community when that makes sense (to families in need, for 36 children playing soccer). 37 38 Item 6A—2021 Street Improvement Project Change Order—City Engineer Hankee 39 explained that the Post Road/Forsham Lake portion includes some water service issues, 40 staff having found facilities in worse condition than expected. New facilities installation 41 is proposed and those will be made of stainless steel. A quote has been received for 42 replacing the remainder of the facilities in the neighborhood and that is the change order 43 requested($248,000 funded through the water fund). 44 1 CITY COUNCIL WORK SESSION DRAFT 45 Not on Printed Agenda: 46 47 Blue Heron Days Planning Update—Councilmember Stoesz updated the council on 48 planning. Councilmember Lyden said funding should be committed if the event is go 49 forward. 50 51 The meeting was adjourned at 6:28 p.m. 52 53 These minutes were considered, corrected and approved at the regular Council meeting held on 54 July 12, 2021 55 56 57 58 59 60 Julianne Bartell, City Clerk Rob Rafferty, Mayor 61 2 COUNCIL MINUTES DRAFT t 2 LINO LAKES CITY COUNCIL 3 REGULAR MEETING 4 MINUTES 5 6 DATE : June 28, 2021 7 TIME STARTED : 6:30 p.m. 8 TIME ENDED : 8:05 p.m. 9 MEMBERS PRESENT : Councilmember Stoesz, Lyden, 10 Ruhland, Cavegn and Mayor t t MEMBERS ABSENT Rafferty 12 13 Staff members present: City Administrator Sarah Cotton; Community Development Director 14 Michael Grochala; Finance Director Hannah Lynch; Public Safety Director John Swenson; City 15 Engineer Diane Hankee; Public Services Director Rick DeGardner; City Clerk Julie Bartell 16 17 PUBLIC COMMENT 18 There were no public comments. 19 SETTING THE AGENDA 20 The agenda was approved as presented. 21 PROCLAMATION 22 Proclamation of Appreciation for the Lino Lakes Public Safety Department 23 CONSENT AGENDA 24 Councilmember Ruhland moved to approve the Consent Agenda, Items I through I as 25 presented. Councilmember Lyden seconded the motion. Motion carried on a voice vote. 26 27 ITEM ACTION 28 Consideration of Expenditures: 29 A) June 28, 2021 (Check No. 114517 through 114593) in the 30 Amount of$488,881.61 Approved 31 B) Consider Approval of June 7, 2021 Council 32 Work Session Minutes Approved 33 C) Consider Approval of June 14, 2021 Council 34 Minutes Approved 35 D) Consider Approval of June 7, 2021 Special Council 36 Minutes Approved 37 E) Consider Approval of June 14, 2021 Council Work 38 Session Minutes Approved 39 F) Consider Resolution No. 21-61 Approving Site Improvement 40 Performance Agreement for Otter Crossing Approved 1 COUNCIL MINUTES DRAFT 41 G) Consider Resolution No. 21-66, Approving Common Interest 42 Agreement, DNR Water Appropriation Permit-Amendment 43 Appeal Approved 44 FINANCE DEPARTMENT REPORT 45 There was no report from the Finance Department. 46 ADMINISTRATION DEPARTMENT REPORT 47 3A) Consider Resolution No 21-62,Accepting Recreation and Aquatics Center Feasibility 48 Study, ISG—Community Development Director Grochala reviewed his written report. It's been 49 about a year since the City was notified that the YMCA would not be reopening the facility in Lino 50 Lakes. The City commissioned a feasiblity study and the consultants who have prepared that report 51 are present. 52 53 Mr. Stu Isaac, Isaac Sport Group, reviewed the written report, summarized in a presentation including 54 information on : 55 - The Study Process and Methodology; 56 - Goals and Opportunities for the Rec Center; 57 - Vision -rethinking as a Lino Lakes Recreation and Community Center to include those things 58 that were missing from the YMCA offerings; 59 - Programming (precedes design)—Immediate and long term growth and expansion; 60 - Potential Program Outsourcing (swim lessons; fitness provider); 61 - Membership Model—recommending 60% of equivalent YMCA membership rates; overall and 62 drop in memberships; membership categories; discount for annual membership; 63 - Operating and Financial Goals; 64 - Management Models (City managed; Outsourced; Hybrid management model); pros and cons 65 of each reviewed; 66 - Re-Opening Costs—estimate provided; 67 - Financial Operating Analysis (City managed and hybrid option); (Year 3 budget estimate); 68 - Long Term Accrued Deficit; 69 - Capital Outlay; 70 - Long Term Goals and Opportunities (sports center, outdoor activity center, community 71 function space); 72 - Timeline—workback provided in report for hybrid and city managed model; timeline factors; 73 - Next steps. 74 Delores Langston, 6625 White Birch Court— She and her hustand are charter members of the YMCA 75 and they mourn it's passing. Seniors used the facility to get together. They hope that when this does 76 reopen, that opportunity will continue. She'd be less excited if it were to be outscourced. 2 COUNCIL MINUTES DRAFT 77 Steve Heiskary, 572 Arrowhead Court. He is much in favor of pursing this opportunity. He and his 78 wife have lived in Lino Lakes since 1987. They had to bring their children to Shoreview for 79 swimming and recreational opportunities. It seems like the strongest case is made for the hybrid 80 model but that's the council's decision. He supports this going forward. 81 Jill Anderson, 400 Coyote Trail, said she is a longtime member of the YMCA. She utilized the 82 former YMCA facility and enjoyed using the facilities including care for her children. The local girl 83 scouts have also used the facilities and would like to move to that again. She believes there is 84 opportunity to bring in leases. 85 Gretchen Hubble, 6450 Ware Road—said the facility is a great asset to the community She would be 86 reluctant to give up complete control. There is a captive audience with the end of COVID. She 87 encourages going forward with a locally controlled facility. 88 Paul Clasen, 7457 172"d Av NE, Columbus, said he is a charter member of the YMCA. He knows the 89 importance of a good swimming program because he experienced that with his own children. His city 90 doesn't have this kind of facility and he enjoyed being a part of it and he developed relationships 91 through the facility. 92 Mayor Rafferty remarked that that staff has worked hard with the consultants to paint the bigger 93 picture. He added that part of the discussion has been involving other communities. 94 Duane Proell, Isacc Sport Group consultant offered remarks. Regarding senior services, he assures 95 that senior elements are at the top of the list. He is keenly aware. He noted that they would also 96 provide the formal report in paper form for anyone that would like to read it. 97 Mr. Issac added that child watch(affordable) is included in the plans. He liked the comments on 98 senior services. He also heard comments on losing control through complete outsourcing. 99 Mayor Rafferty noted that the council has discussed the value of keeping all ages together and too involved in planning for this facility. 101 Councilmember Ruhland said he's curious about the lease and profit sharing portion. Mr. Isaac said 102 models can vary but, for fitness, there should be some incentive and that can mean sharing revenue. 103 The consultants looked at profits so there is no expense inclusion. Mr. Isaac also talked about the 104 possibility of integration with the school district's community education offerings. 105 Councilmember Cavegn asked about the possibility of including"area" community residents for 106 resident discount. Mr. Isaac explained that they looked at numbers for resident and non-resident rates 107 and if you want to incorporate, there is a sense of impact, allowing city staff to come up with a rate 108 that makes sense. 109 Councilmember Lyden said he's hopeful that this will move forward in some fashion. He wonders 110 how the consultants would remain involved if things move forward. Also, regarding the discussion 111 on expanding court facilities, he'd like the perspective of the consultant. Mr. Isaac explained that he 112 has worked throughout the country and in some cases with for-profit who developed court facililites. 113 In this case, they've already heard from interested developers. Also looking at the needs through the 114 school district and how they are meeting them, they see potential there also. He feels a commitment 115 to this project and is interested in helping the City move forward. 116 Mayor Rafferty said he's pleased with the effort of the consultant through this project. 117 Councilmember Ruhland moved to approve Resolution No. 21-62 as presented. Councilmember 118 Stoesz seconded the motion. Motion carried on a voice vote. 3 COUNCIL MINUTES DRAFT 119 3B) Consider 2nd Reading of Ordinance No. 06-21,Adjusting the Salaries of the Mayor and 120 Councilmembers—Administrator Cotton noted that staff is recommending that the council approve 121 the second reading and passage of this ordinance providing for future adjustments to the salary for 122 council and mayor. The salary increase is based on what has been approved for staff. 123 Councilmember Cavegn moved to waive the full reading of Ordinance No. 06-21 as presented. 124 Councilmember Lyden seconded the motion. Motion carried on a voice vote. 125 Councilmember Lyden moved to approve the second reading and adoption of Ordinance No. 06-21 as 126 presented. Councilmember Cavegn seconded the motion. Motion carried: Yeas, 5;Nays none. 127 3C) Consider Approval of Amendment#4 to Lease Agreement with NCCC, LLC (New 128 Creations Child Care)—Administrator Cotton explained that the day care group operating at the City 129 hall complex inquired about leasing additionnal sapce from the City. Staff has negotiated an 130 amendment to their current lease to provide for that additonal space. The additional revenue was 131 noted. 132 Councilmember Lyden moved to approve the amendment as presented. Councilmember Stoesz 133 seconded the motion. Motion carried on a voice vote 134 3D) Consider Resolution No. 21-64,Authorizing Execution of Amendment No. 1 to the 135 License Agreement with the State of Minnesota for the Lino Lakes COVID-19 Vaccine Site— 136 Administrator Cotton explained that the State of Minnesota wishes to extend their lease of the former 137 YMCA facilties through at least July 31 but possiblity through August 3 Pt 138 Councilmember Ruhland moved to approve Resolution No. 21-64 as presented. Councilmember 139 Cavegn seconded the motion. Motion carried on a voice vote 140 3E) Consider Appointment of Police Officer—Public Safety Director Swenson reviewed staff s 141 recommendation to hire Yecheng"Eric"Heu as the next police officer for the Public Safety 142 Department. Mr. Swenson explained Mr. Heu's qualifications. 143 Councilmember Cavegn moved to approve the appointment of Yecheng"Eric"Heu as recommended. 144 Councilmember Ruhland seconded the motion. Motion carried on a voice vote 145 PUBLIC SAFETY DEPARTMENT REPORT 146 4A) Consider Acceptance of Donated Gift Cards—Public Safety Director Swenson first 147 thanked the Mayor and Council for the proclamation presented to the department earlier. He 148 continued that this item and the council's recognition is indicative of the high level of support that 149 the department receives from the community. That is not the case in every city. 150 Director Swenson explained that the generosity of the community has resulted in additional gift 151 cards received in the amount of$585. The total amount is just under$2,800. The cards have been 152 used to provide food for training sessions for the department. They are also considering utilizing 153 the cards to provide support to community members as they see needs as part of the department's 154 Pay It Forward efforts. 155 Councilmember Lyden said he appreciates being a part of a community that shows this type of 156 caring and consideration. He applauds the donators of the cards. 157 Councilmember Ruhland said he agrees and also is glad that he lives in a community where the 158 police are doing a program such as Pay It Forward. 4 COUNCIL MINUTES DRAFT 159 Councilmember Cavegn moved to authorize the acceptance of gift cards as presented. 160 Councilmember Ruhland seconded the motion. Motion carried on a voice vote 161 PUBLIC SERVICES DEPARTMENT REPORT 162 There was no report from the Public Services Department. 163 COMMUNITY DEVELOPMENT REPORT 164 6A) Consider Resolution No. 21-65,Approve Change Order No. 1, 2021 Street Improvement 165 Project—City Engineer Hankee reviewed her written staff report requesting that the council approve 166 a change order. The change relates to findings of deteriorated water services in some areas of the 167 project. The additional cost($248,000) would be covered through the City's Water Fund. When 168 the council discussed the failure of the equipment, Ms. Hankee noted that staff has changed 169 specifications to improve the life of these fixtures. 170 Councilmember Lyden moved to approve Resolution No. 21-65 as presented. Councilmember 171 Stoesz seconded the motion. Motion carried on a voice vote. 172 UNFINISHED BUSINESS 173 There was no Unfinished Business. 174 175 NEW BUSINESS 176 There was no New Business. 177 178 COMMUNITY EVENTS 179 There were no events announced. 18o COMMUNITY CALENDAR 181 182 Community Calendar—A Look Ahead 183 June 28,2021 through July 12,2021 184 1- Wednesday,June 30 6:30 pm, Council Chambers Environmental Board 185 Thursday,July 1 8:00 am, Community Room EDAC 186 Tuesday,July 6 6:00 pm, Community Room Council Work Session 187 Wednesday,July 7 6:30 pm, Council Chambers Park Board 188 Monday,July 12 6:00 pm,Community Room Council Work Session 189 Monday,July 12 6:30 pm,Council Chambers City Council Meeting 190 191 ADJOURN 192 193 Following adjournment of the regular meeting, the City Council will reconvene for a closed meeting for 194 the purpose of completing the City Administrator's performance evaluation. 195 196 There being no further business, Councilmember Ruhland moved to adjourn to the closed session at 197 8:05 p.m. Councilmember Cavegn seconded the motion. Motion carried on a voice vote. 198 199 These minutes were considered and approved at the regular Council Meeting on July 12, 2021. 5 COUNCIL MINUTES DRAFT 200 201 202 203 204 Julianne Bartell, City Clerk Rob Rafferty, Mayor 205 6 CLOSED COUNCIL SESSION DRAFT t 2 CITY OF LINO LAKES 3 MINUTES 4 CLOSED COUNCIL SESSION 5 6 DATE : June 28, 2021 7 TIME STARTED : 8:18 p.m. 8 TIME ENDED : 10:17 p.m. 9 MEMBERS PRESENT : Councilmembers Cavegn,Lyden, Stoesz, 10 Ruhland Mayor Rafferty 11 MEMBERS ABSENT : None 12 13 Staff present: City Administrator Sarah Cotton 15 16 Mayor Rafferty convened the meeting at 8:18 p.m. at Lino Lakes City Hall. Before the 17 meeting was closed, Mayor Rafferty noted the purpose of the meeting. The 18 meeting was closed as a session of the city council pursuant to the Open Meeting Law for 19 the purpose of discussing the City Administrator performance review. 20 21 The meeting was not recorded. 22 23 The meeting was adjourned at 10:17 p.m. 24 25 These minutes were considered at the regular Council meeting held on July 12, 2021. 27 28 29 30 31 Julianne Bartell, City Clerk Rob Rafferty, Mayor 32 1 CITY COUNCIL AGENDA ITEM 1E STAFF ORIGINATOR: Lisa Hogstad-Osterhues, Deputy City Clerk MEETING DATE: July 12, 2021 TOPIC: Consider Resolution No. 21-71, Approving an Application for a Special Event Permit for a Fundraiser/Corn Roast at the American Legion Post 566 VOTE REQUIRED: Simple Majority(3/5 Vote Required) BACKGROUND: The American Legion Post 566 has applied for a Special Event Permit to hold a fundraiser/corn roast event July 30, 2021. Applicant has proposed to fence off a portion of their property to include a tent area outside. Applicant has also proposed to have a band outside from 4:00 p.m.to 8:00 p.m. on Thursday, July 30, 2021. The application has been reviewed by staff, including 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. The applicant has provided a Certificate of Insurance covering this event. Therefore, staff is presenting for city council consideration of a resolution authorizing the issuance of a Special Event Permit for the American Legion Post 566. RECOMMENDATION: Approve Resolution No. 21-71 authorizing issuance of a Special Event Permit for a Fundraiser/Corn Roast at the American Legion Post 566. ATTACHMENT: Resolution No. 21-71 American Legion Location Map CITY OF LINO LAKES RESOLUTION NO. 21-71 APPROVING APPLICATION FOR A SPECIAL EVENT PERMIT FOR AN EVENT HELD AT THE AMERICAN LEGION POST 566 ON JULY 29,2021 WHEREAS, the Commander of American Legion Post 566 has submitted an application for a special event permit; and WHEREAS, the event plan includes live music outside from 4:00 p.m. to 8:00 p.m. Thursday, July 29, 2021; and WHEREAS, the Legion 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 outdoor liquor service will be set up on the outdoor patio contagious to the building; WHEREAS, the Public Safety Department has reviewed plans for the event which includes erecting a canopy. The Public Safety Department has provided conditions for the permit: and (1) Applicant will provide security on premise for the duration of the event to ensure there are no violations of laws and ordinances or disruptive behavior. (2) Applicant will provide all staff and/or volunteers working this event with training that focuses on prevention of over service of alcohol and other means to safely serve customers. (3) Applicant will ensure that event is compliant with City Ordinance 901.03 (4a)Public Nuisances Affecting Peace and Safety. (4) Applicant will ensure that the event is conducted in manner that meets the MN State Fire Code. (5) Telephone service shall be in place sufficient to connect to emergency services. (6) Event will end as articulated in the application. WHEREAS, the Public Safety Department has reviewed the application and event plans; and WHEREAS,proof of general liability insurance has been submitted by the American Legion to cover all events held on their property as well as the event held on city property; NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota: That the City Council authorizes issuance of a Special Event Permit to the American Legion Post 566 for the event scheduled on July 29, 2021. Adopted by the Council of the City of Lino Lakes this 12th day of July, 2021. 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: Rob Rafferty, Mayor ATTEST: Julianne Bartell, City Clerk I a a P �� �� c CITY COUNCIL AGENDA ITEM 1F STAFF ORIGINATOR: Lisa Hogstad-Osterhues, Deputy City Clerk MEETING DATE: July 12, 2021 TOPIC: Consider Resolution No. 21-72, Approving an Application for a Temporary On-Sale Liquor License, a 5K Run and a Special Event Permit for The Chain of Lakes Rotary Community Festival VOTE REQUIRED: Simple Majority(3/5 Vote Required) BACKGROUND: The Chain of Lakes Rotary Club is partnering with the Quad Chamber of Commerce for a Lino Lakes Community Festival. The Chain of Lakes Rotary has applied for a Temporary On-Sale Liquor License, a 5K Run and a Special Event Permit for August 22, 2021. The group is proposing a band, beer garden, food trucks, a cornhole tournament,business expo, dunk tank and dog bar located on community green property. The group is proposing fencing off a portion of the community green for the beer garden. The Minnesota Alcohol and Gambling Enforcement Division requires a 1 —4 Day Temporary On- Sale Liquor License to allow the consumption of alcohol in this outdoor area. The applicant is required to submit their request to the City for local approval before the application is submitted to the state for final consideration for the 1-4 day temporary liquor license. The applications have been reviewed by staff, including the Public Safety Department, and 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. Therefore, staff is presenting for city council consideration a resolution authorizing the issuance of a Temporary On-Sale Liquor License, a 5K Run and a Special Event Permit for the Chain of Lakes Rotary. A Certificate of Insurance has been submitted by the Chain of Lakes Rotary Club to the City for this event. RECOMMENDATION: Approve Resolution No. 21-72 authorizing issuance of a 1-4 Day Temporary On- Sale Liquor License, a 5k Run and a Special Event Permit during a Lino Lakes Community Festival with conditions. ATTACHMENTS: Resolution 21-72 Map of the Event 2 Maps of the Rock n Run 5K CITY OF LINO LAKES RESOLUTION NO. 21-72 APPROVING APPLICATION FOR A TEMPORARY ON-SALE LIQUOR LICENSE, 5K RUN AND A SPECIAL EVENT FOR THE CHAIN OF LAKES ROTARY COMMUNITY FESTIVAL WHEREAS, Kevin Fitzpartrick of the Chain of Lakes Rotary has made application for a Temporary On-Sale Liquor License, a 5k Run and a Special Event Permit for Sunday, August 22, 2021; and WHEREAS, the Lino Lakes Public Safety Department has the following conditions: (1) The applicant has plans for parking vehicles including size and location of lots, points of access; and proof of permission for use of property upon which the special event is to be held or upon which parking may occur, and in the case of County right-of-way,proper documentation from the County approving the plans. (2) Applicant will provide security on premise ensuring there is no violations of laws and ordinances or disruptive behavior. (3) Applicant will provide all staff and/or volunteers working this event with training that focuses on prevention of over service of alcohol and other means to safely serve customers. (4) Plans are submitted for sound control and sound amplification, if any, including number, location, and power of amplifiers and speakers; all reasonably necessary precautions shall be taken by the applicant to insure that the sound of the assembly will not carry unreasonably beyond the enclosed boundaries of the location of the assembly. (5) Plans are submitted to meet the requirements of the State Fire Code, including but not limited to the following: i. Minimum of three 2AIOBC fire extinguishers need to be on location in the tent area; ii. "No Smoking" signs need to be displayed throughout the area. iii. No pyrotechnics are allowed. iv. No parking within 20 feet of the tent. Measured from stakes. v. Clearance to property line needed to 20 feet. Measured from stakes; vi. Certificate of flame retardant for all panels of tent. (6) Telephone service shall be in place sufficient to connect to emergency services. (7) Event will end as articulated in the application. (8) Applicant is responsible for the placement and removal of all event signage to include road closure signage and adjacent property notification. WHEREAS, the City Council must authorize the sale of alcohol in a City Park by resolution per City Ordinance 301.05 in order for the Temporary On-Sale Liquor proposed special event to take place; and WHEREAS, the City Council may approve the use of city equipment relating to the proposed event. Applicant has requested use of the stage, canopy, barricades, cones, 40 chairs and 12 tables from the City. Applicant will pick up the equipment on Friday, August 20 and return the equipment on Monday, August 23; and WHEREAS, city staff will place barricades and garbage cans for the proposed event on Friday, August 20; and WHEREAS, food truck vendors are required to contact the Anoka County Environmental Services at 763-324-4260 for permission to operate in the City; and WHEREAS, food truck vendors are required to provide their state licensing information as well as Anoka County Environmental Services licensing to the Chain of Lakes Rotary; and WHEREAS, the Public Safety Department requires food vendors to be at least 20 feet from the structures; and WHEREAS, city staff has reviewed the Application for Permit for the festival event for concurrence with city regulations; and WHEREAS, the Lino Lakes Public Safety Department has conducted a background and found no reason to deny; and NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota: That the City Council hereby approves the applications for a Temporary On-Sale Liquor License, a 5K Run and a Special Event permit. Adopted by the Council of the City of Lino Lakes this 12th day of July, 2021. 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: Rob Rafferty, Mayor ATTEST: Julianne Bartell, City Clerk ., . Chain of Lakes Rotary Club 0 1 �nlces le�e�r� on wGSe 7tine3 Centerville Yp C --- VI 8.22.2021 Rock n Run Map — Community Green. Race: 9:00 am start. Bands, Food & Beer: 10:00 — 4:00 pm 9 I 7 LZ 13 12 8 9 4�, 9 9 9 10 9 - .r 14 6 2 }, 9 4 910 y . 1 10 9 5 Key 1 Band Stage 8 Cornhole Tournament 2 Beer Garden (fenced) 9 Business Expo booths 3 Food Trucks 10 Trash bins will be placed at corners and middle 4 Some tables & chairs—for fans 12 Dunk Tank 5 Portapotties 13 Dog bar(sprinkler) 6 Officer Silvera Memorial (race start) 14 Bouncy house & Home Depot kids building tent 7 Race Registration & event HQ ., . Chain of Lakes Rotary Club 0 J r.0�n111' "-Wngton wGSe 7tine3 Centerville Yp L>' C V I 8.22.2021 Rock n Run. Including parking. 4 — � Road Closed r Circle Closed from *r • ,� _ = 10:00—10:10 � Road Closed 5 4 Parking r Y� J Road Closed _ 4 M1ir may. Parking: Rotary will string and mark the parking in overflow lots • Lino Rec parking lots • Overflow at Lino Rec parking lot • Grassy area between Lino Rec Center&Town Center Pkwy(as we have used in past ., . Chain of Lakes Rotary Club 0 J r.0�n111' "-Wngton wGSe 7tine3 Centerville Yp Lti C V I Officer Silvera/Rotary 5K Route. August 22, 2021 10:00 am start. As in past years, the race will start with a O Parkd�Q dedication to Officer Silvera at his Memorial in Community Green. GEORC Race starts on west Village Drive (by WATE LAKE Memorial), goes through the traffic circle, City Hall heads to Anoka county trail, around Marshan Lake, with turnaround by Aqua Lane. Race doubles back with finish line on NE side of Lino Lakes Rec Center. Marshan MARC...HAN Park LAKE �a� CITY COUNCIL AGENDA ITEM 1G STAFF ORIGINATOR: Lisa Hogstad-Osterhues, Deputy City Clerk MEETING DATE: July 12, 2021 TOPIC: Consider Approval of Resolution 21-74, Quad Area Community Family Fun Festival VOTE REQUIRED: Simple Majority(3/5 Vote Required) BACKGROUND: The Quad Area Chamber of Commerce has applied for a Special Event Permit for Thursday, August 19. The applicant is proposing to have a group called Minnesota Sings perform, various food trucks and a free car show, located at the Centennial Middle School property at 399 Elm Street. The Quad Area Chamber of Commerce has submitted to the City an application for a Special Event. The application has been reviewed by staff, including 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. Therefore, staff is presenting for city council consideration a resolution authorizing the issuance of a Special Event Permit for the Quad Area Chamber of Commerce. A Certificate of Insurance has been submitted by the Quad Area Chamber of Commerce to the City for this event. RECOMMENDATION: Approve Resolution No. 21-74 authorizing issuance of Special Event Permit for the Quad Area Community Fun Festival. ATTACHMENTS: Event Flyer Maps CITY OF LINO LAKES RESOLUTION NO. 21-74 AUTHORIZING A SPECIAL EVENT PERMIT FOR THE QUAD AREA COMMUNITY FAMILY FUN FESSTIVAL AUGUST 19, 2021 WHERAS, the Quad Area Chamber of Commerce has submitted an application for a special event permit; and WHERAS, the event plan includes music outdoors from 4:00 p.m. to 8:00 p.m. Thursday, August 19, 2021 as well as various food trucks and a car show. WHERAS, the Public Safety Department has reviewed plans for the event and has provided conditions for the permit; and WHEREAS, food truck vendors are required to contact the Anoka County Environmental Services at 763-324-4260 for permission to operate in the City; and WHEREAS, food truck vendors are required to provide their state licensing information as well as Anoka County Environmental Services licensing to the Quad Area Chamber of Commerce; and WHEREAS, the Public Safety Department requires food vendors to be at least 20 feet from the structures; and WHERAS, proof of general liability insurance has been submitted by the Quad Area Chamber of Commerce to cover all events held on the Centennial School District property; and WHEREAS, city staff has reviewed the Application for Permit for the festival event for concurrence with city regulations; and NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota: That the City Council authorizes issuance of a Special Event Permit to the Quad Area Chamber of Commerce for their event scheduled for August 19, 2021, witth the conditions attached hereto. Adopted by the Council of the City of Lino Lakes this 12th day of July, 2021. 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: Rob Rafferty, Mayor ATTEST: Julianne Bartell, City Clerk Quad Area Community Car Show 4r YTINUMM03 Spectators Free NOITAOUa9 10 LINO LAKk5 Sr TDIAT21C J00H02 JAIN 03TN30 Thursday, August 19, 2021 4 — 8 PM ABSOLUTELY NO Centennial Middle School ALCOHOL PERMITED Food Trucks ON THE SCHOOL Gluten Free399 Elm Street—Lino Lakes PROPERTY! p &p Goodies l Options) ANYONE HAVING OR bbCt CONSUMING WILL BE \Iietname5e ASKED TO LEAVE BY Ice Cream $10 Entry Fee SECURITY STAFF! Donuts Proof of Insurance requested,no insurance/no entry. Customs— Hot Rods Antiques— Classics Trucks Drag Cars Awards at 7:30 P.M. Call 651-321-4722 Or email: btyr.linolakesC&i!mail.com Beyond the Yellow Ribbon Lino Lakes, serving Centerville, Circle Pines, Lexington & Lino Lakes Centennial Community Education, Scavenger's Car Club Craig Johnson USI, Dean Ravenscroft-Edward Jones, Nick Pino, Konik, Hagerty, Toufong Towing Our Thanks to Our Sponsors All Proceeds will go to serve Military&Veterans Efforts in Our Community Through Centennial Community Education 'Co��eti. Labe r r poe GKs- Min eso Sings FeSTIV- 1 F 0 _/ W� W CSaturday, Aug. 1.9 Centennial - m -- Middle . O a • - • UCOMMU ITY EDUCATION Public Entrance C .E ante ONLY r I • � M = - M _ CITY COUNCIL AGENDA ITEM 1H STAFF ORIGINATOR: Sarah Cotton, City Administrator MEETING DATE: July 12, 2021 TOPIC: Rescind Declaration of Local State of Emergency(COVID-19) VOTE REQUIRED: 3/5 INTRODUCTION The Council is being asked to consider approval of Resolution No. 21-63, rescinding declaration of a Local State of Emergency (COVID-19). BACKGROUND The City Council affirmed the Mayor's declaration of a Local State of Emergency on March 19, 2020 at the outset of the COVID-19 pandemic. The Peacetime State of Emergency declared by Governor Tim Walz ended on July 1, 2021 and the City of Lino Lakes is currently operating under pre-pandemic policies and procedures; therefore, staff is recommending rescinding the declaration of a Local State of Emergency at this time. RECOMMENDATION Approve Resolution No. 21-63. ATTACHMENTS Resolution No. 21-63 CITY OF LINO LAKES RESOLUTION NO. 21-63 RESOLUTION RESCINDING DECLARATION OF LOCAL STATE OF EMERGENCY (COVID-19) WHEREAS,the City Council affirmed the Mayor's declaration of a Local State of Emergency on March 19, 2020, at the outset of the global COVID-19 pandemic to respond to the rapidly worsening public health crisis; and WHEREAS,the declaration afforded staff the necessary authority to implement operational changes and respond to the pandemic and local conditions; and WHEREAS,the Peacetime State of Emergency declared by Governor Tim Walz ended on July 1, 2021; and WHERES,the City of Lino Lakes is currently operating under pre-pandemic policies and procedures; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes that the Local State of Emergency affirmed on March 19, 2020, is hereby rescinded. Adopted by the City Council of the City of Lino Lakes this 12th day of July 2021. The motion for the adoption of the foregoing resolution 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: Rob Rafferty, Mayor ATTEST: Julianne Bartell, City Clerk CITY COUNCIL AGENDA ITEM 6A STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: July 12, 2021 TOPIC: 426 Pine Street i. Consider Resolution No. 21-67 Approving a Conditional Use Permit for Commercial Stables ii. Consider Resolution No. 21-68 Denying a Variance to Double the Number of Allowed Animal Units VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council consideration of the above mentioned resolutions as they relate to 426 Pine Street. Complete Application Date: May 18, 2021 60-Day Review Deadline: July 17, 2021 60-Day Extension: September 15, 2021 Planning &Zoning Board Meeting: June 9, 2021 City Council Meeting: July 12, 2021 BACKGROUND The applicant and property owner, Christopher Stowe, submitted a Land Use Application for a conditional use permit amendment and variance for the commercial stable operations at 426 Pine Street. The conditional use permit amendment is to the previously approved Resolution No. 20-129,No. 20-130 and No. 20-144 and the variance request is to double the number of allowed animal units from 25 to 50. ANALYSIS History Mr. Stowe owns three (3)parcels (PID #05-31-22-22-0006, #05-31-22-22-0003 and#05-31-22- 22-0005). These parcels shall be referred to as the "Subject Site". The commercial stables operate on the two (2)parcels ending in-0003 and -0005. These parcels shall be referred to as the"Property". These 2 parcels have had several different uses over the years. From 1968 to the 1990's, the riding stable and arena were used for horse shows and horse boarding. From the 1990's to approximately 2010, the arena was used as a BMX track/arena. In 2020, the I current property owner, Christopher Stowe, was granted a conditional use permit to operate a commercial stable. Previous Council Actions oo 1968: Special Use Permit(SUP) for Riding Stable/Show Arena oo 1997: Conditional Use Permit(CUP) for BMX Track/Arena oo 2020: Resolution No. 20-129 for Conditional Use Permit for Commercial Stables o Allows for maximum of 12.5 animal units without an approved facility management and waste handling plan o Allows for a maximum of 25.0 animal units with an approved facility management and waste handling plan oc 2020: Resolution No. 20-130 for Conditional Use Permit Termination Agreement o This Agreement terminates the 1968 SUP and 1997 CUP. oc 2020: Resolution No. 20-144 Amending CUP Resolution No. 20-129 and No. 20-130 o This amendment corrected a transposed date from 1986 to 1968. Both the 1968 special use permit and 1997 conditional use permit rights are lost and are expired because the uses have discontinued or ceased for more than one (1) year. This is per State Statute 462.357, subd. 1(e),Nonconformities, City Code Section 1007.041,Non-Conforming Uses and Structures and City Code Section 1007.016(2)(k), Conditional Use Permits. The 2020 Conditional Use Permits allow for the current commercial stable operations. Site Plan Review The Property is zoned R-Rural and allows for Commercial Stables with a conditional use permit. Site Plan Existing Land Use Acres 05-31-22-22-0006 Rural Residential 4.30 (Single Family House) 05-31-22-22-0003 Commercial 5.66 (Arena, Accessory Structure &Restrooms) 05-31-22-22-0005 Vacant Rural Residential 15.09 (Horse Corrals and Pasture Area) TOTAL A 25.05 The applicant owns all 3 parcels ("Subject Site") and lives in the single family home located on PID # 05-31-22-22-0006. Using the City's DatakLink GIS website, the arena is approximately 250ft x 120ft(30,000 sf) and the large accessory structure/barn is approximately 110ft x 50ft (5,500sf). These are located on PID# 05-31-22-22-0003. The horse corrals and pasture area are located on PID #05-31-22-22-0005. Using the City's DataLink GIS website, wetlands and floodplain are indicated on the Subject Site. Without the benefit of a certificate of survey and using GIS, there are approximately 12 2 acres of wetland and 22 acres of floodplain on the 25 acre Subject Site. The property owner shall work with Rice Creek Watershed District(RCWD), Anoka Conservation District (ACD) and City staff regarding current wetland and floodplain impact violations and restoration requirements as noted in their March 25, 2021 letter. Pine Street and 4t'Avenue are major collector roads and have capacity to serve a commercial stable operation. Definitions City Zoning Ordinance Section 1007.058(2) defines Commercial Stable as follows: Commercial Stable. A commercial stable is any structure, barn, or place where the stabling,boarding, training, and feeding of horses takes place. City Zoning Ordinance Section 1007.001(2) defines Animal Unit as follows: Animal Unit. A unit of measure used to compare differences in the production of animal manure that employs as a standard the amount of manure produced on a regular basis by a slaughter steer or heifer for an animal feedlot or a manure storage area, calculated by multiplying the number of animals of each type by the respective multiplication factor and summing the resulting values for the total number of animal units. For purposes of this chapter, the following multiplication factors shall apply. For animals not listed, the number of animal units is the average weight of the animal in pounds divided by 1,000 pounds. Animal Animal Unit Dairy Cattle Mature Cow (1,000 pounds or over) 1.4 Mature Cow (Under 1,000 pounds) 1.0 Heifer .7 Calf .2 Beef Cattle Slaughter Steer or Stock Cow 1.0 Feeder Cattle or Heifer .7 Cow and Calf Pair 1.2 Calf .2 Swine Over 300 pounds 0.4 Between 55 and 300 pounds 0.3 Under 55 pounds 0.05 Horse 1.0 Sheep or Lamb .1 Chicken(Liquid Manure System) .0333 Chicken(Dry Manure System) 5 pounds or over .005 Less than 5 pounds .003 3 Turkey 5 pounds or over .018 Less than 5 pounds .005 Duck .01 #Animal Units Allowed on Subject Site Rounded Whole #Animal Units Parcel Acres Allowed Acres (1 unit per 2 acres) 05-31-22-22-0006 4.30 4 2.0 05-31-22-22-0003 5.66 6 3.0 05-31-22-22-0005 15.09 15 7.5 TOTAL 25.05 12.5 For parcels zoned R, Rural, Section 1007.080(5)(f) states, "Keeping of farm animals of up to three hundred(300) animal units in conformance with Chapter 503. No more than one (1) animal unit per two (2) acres." The property owner could have 12.5 animal units for personal use without a conditional use permit assuming all other regulatory agency requirements can be met. A conditional use permit for commercial stables is required because of the horse riding club and horse boarding being operated on site. With the approved 2020 conditional use permit, a maximum of 12.5 animal units are allowed on the three (3)parcels combined without a facility management and waste handling plan. With the approved 2020 conditional use permit, Section 1007.058(3)(d) allows up to double the animal unit density with an approved facility management and waste handling plan. This would allow for a maximum of 25.0 animal units on the three (3)parcels combined. Section 1007.058 Commercial Stables (3)(c) allows for adjacent parcels of land under common ownership to be used to determine maximum number of animal units allowed, if the parcels are operated as single enterprise. This is why all three (3)parcel acreages of the Subject Site are being used to calculate total number of animal units. The commercial stables operate on the Property(PID# -0003 and-0005). It is important to note that while commercial stables are usually associated with horses, the property owner may have other farm animals such as cows, chickens, goats etc. as long as the total number of animal units do not exceed the approved amount. During the 2020 CUP application process, Mr. Stowe stated the following types and numbers of farm animals were on the Subject Site: Animal # of Animals Animal Unit Total#Animal 1010-- Units Cow (500 pounds) 4 0.5 2 Horse 20 1.0 20 4 Chickens 20 .003 0.06 TOTAL 22.06 Grading Plan and Stormwater Management Although a grading plan and stormwater management plan is not specifically required for the conditional use permit amendment or variance application, all efforts shall be made to prevent manure waste and runoff from draining into ditches and wetlands. Public Utilities The house and arena are served by private well and septic system. The property owner has provided documentation that the septic system and drain field have been inspected and determined to be in compliance with state requirements and sized for intended use. It should also be noted that any future improvements required for restrooms shall be ADA compliant. Wetlands Wetlands are located on the Subject Site. An approved wetland delineation is not required for the conditional use permit application; however, Rice Creek Watershed District(RCWD) may require one. The property owner shall work with RCWD, ACD and the City regarding the potential need for restoration of the wetlands on the site that were previously filled. The Property shall be in compliance with all City and other regulatory agency requirements or the conditional use permit may be revoked. No manure waste shall be stored or spread within 50 ft of a wetland and a 50 ft wide vegetated wetland buffer shall be maintained. Floodplain The 2015 DFIRM indicates Zone A floodplain on the Subject Site. No manure bins or manure storage shall be located in the wetlands or floodplain. Accessory Structures During the 2020 CUP application process, Mr. Stowe stated he had three (3) outside horse shelters approximately IOft x 20ft each. Per Resolution No. 20-144, the maximum numbers of shelters allowed on the Subject Site is six (6). This would equate to 1,200 sf total (I Oft x 20ft= 200sf x 6 shelters= 1,200sf total). The shelters are specific accessory structures associated with the operation of a commercial stable. The property owner's CUP amendment and variance land use application states the property owner owns additional horse shelters over 8,000 sf which exceeds the allowed square footage per the approved 2020 CUP. The applicant did correct this statement. There are currently 5 shelters totaling approximately 1,000 sf. This is compliant with the 2020 CUP. Per the University of Minnesota Extension website, a 240 sf(12 x 20ft) open-front shelter is ideal for two (2)horses. An additional 60 sf(10 x 6 ft) is required for each additional horse. 5 A zoning or building permit is required for any accessory structure construction. All structures shall meet setback requirements and shall not be located in the front yards of any parcel or in wetlands or floodplain. Signage Per Chapter 1010: Signs, one sign with a maximum size of 6 square feet placed at least 10 feet from the property line is allowed without a permit. Conditional Use Permit (CUP) Amendment Request Per the Applicant's Narrative Letter, the property owner is seeking the following City approvals: 2. Amended Conditional Use Permit. Applicant seeks issuance of an amended conditional use permit reflecting that fifty(50) animal units may be retained on the Property. Applicant requests that the amended permit excise prior condition number 12, requiring that"PID#05-31-22-22-003 and PID #05-31-22-22-0005 shall be combined with Anoka County." The City Attorney and City staff recommend the conditional use permit (CUP) for the Commercial Stable allow for a maximum of 12.5 animal units or 25.0 animal units on the Subject Site (3 parcels) with conditions listed in Resolution No.21-67. A separate variance could be approved to double the number of animal units from 25.0 to 50.0. In the event the variance was revoked, the CUP for 12.5 or 25.0 animal units could still be valid if all conditions were being met. This would be to the benefit of the property owner. oo Resolution No. 20-129 and Resolution No. 20-144 Approving A Conditional Use Permit for Commercial Stables at 426 Pine Street Staff recommends voiding these two 2020 resolutions and creating a new conditional use permit resolution to avoid confusion and provide clarity. New conditions of the CUP are listed in Resolution No. 21-67. oo Resolution No. 20-130 Approving Conditional Use Permit Termination Agreement for 426 Pine Street This resolution required the property owner to sign a Conditional Use Permit Termination Agreement acknowledging the 1968 Special Use Permit and 1997 Conditional Use Permit are void. This agreement is no longer required since the SUP and CUP have expired as previously explained. Variance Request Per the Applicant's Narrative Letter, the property owner is seeking the following City approval: 6 1. Variance from Animal Unit Restriction. Applicant is seeking a variance from the Stable Ordinance's animal unit restrictions and the cap of 25 animal units. Applicant is requesting fifty(50) animal units to be kept on the Property. The property owner's Findings of Fact are stated in their Mary 11, 2021 land use application (Attachment#5). Staff Comments Staff has 3 main areas of concern. 0o Wetlands and Floodplain There are approximately 12 acres of wetlands and 22 acres of floodplain on the 25 acre Subject Site. This limits the amount of upland area to operate a commercial stable, pasture farm animals and properly manage manure waste. Including but not limited to, Minnesota Pollution Control Agency(MPCA) guidelines state that for manure application, a minimum setback of 300 feet from protected wetlands is required. A 50 foot non-manured vegetated buffer can be used in place of the 300 foot setback during non- winter months. MN State Rule 7020.2005 Subpart 1. states a"...manure storage area must not be constructed within a floodplain...". Manure bins and/or manure storage shall be located outside the floodplain. oo Animal Health Given the limited amount of upland area, staff has concerns regarding the amount of pasture the animals have. Per the University of Minnesota Extension-Horse website, 2 acres of pasture are required for each horse and manure should not be spread on pastures with more than 1 horse per 2 acres. oo Facility Management and Waste Handling Plan Per the University of Minnesota Extension-Horse website, the average 1,000 pound horse produces 56 pounds of manure per day. This equates 1,400 pounds of manure per day for 25 horses and 2,800 pounds of manure per day for 50 horses. Due to the large volume of manure potentially produced by 25-50 horses and the limited storage capacity on site due to wetlands and floodplain, a detailed manure management plan is required. The property owner shall work with the Minnesota Pollution Control Agency(MPCA) in creating an approved facility management and waste handling plan. Findings of Fact Council Resolution No. 21-67 details the findings for the Conditional Use Permit and Resolution No. 21-68 details the findings for the Variance. 7 Rice Creek Watershed District(RCWD) On March 25, 2021, RCWD sent a letter to Mr. Stowe regarding unpermitted land disturbance, wetland impacts and floodplain fill. On June 4, 2021 via email, RCWD stated they had no concerns with the proposed conditional use permit or variance request. RECOMMENDATION The Planning & Zoning Board reviewed the conditional use permit and variance request on June 9, 2021. The property owner and his attorney spoke during the meeting. The residents at 455 Andall Street spoke of concerns regarding water quality, noise and traffic. The Board recommended approval of the conditional use permit for commercial stables with a 4-0 vote and 1 abstention. The Board recommended denial of the variance to allow up to 50 animal units with a 3-1 vote and 1 abstention. ATTACHMENTS 1. Site Location &Aerial Map 2. Wetland&Floodplain Map 3. March 12, 2021 Stowe Attorney Letter 4. March 29, 2021 City Attorney Response Letter 5. May 11, 2021 Stowe Attorney Variance Application Letter 6. Resolution No. 21-67 Approving Conditional Use Permit 7. Resolution No. 21-68 Denying Variance 8 -PINE ST'NE' PI D#05-31-22-22-0006 PI D#05-31-22-22-0003 4.30 acres a2s 5.66 acres Single Family House Arena, Restroom &Accessory Structure 510 84 392 8383 42s r 834 Q = PI D#05-31-22-22-0005 15.09 acres ; 8340 Corral &Wetlands �s f ""' 403 407 409 431 471 ¢ t 7�4871 $35 581 402 ANDALL ST ' � 1 - N Site Location & Aerial Map W E 0 150 300 600 () I Feet LOGES 426 Pine Street s Wetland & Floodplain Map-426 Pine St `. F y, e�! � ! l Y 1 �• fie. � i"�' 1 in =200 ft Wetlands FEMA Floodplain 0.2 PCT ANNUAL CHANCE FLOOD HAZARD N Zone A A Zone AE October 7, 2020 CITY O F Map Powered By Data Link LINO KES Zone X WSb Larkin Larkin Hoffman Hoffman 8300 Norman Center Drive Suite 1000 Minneapolis,MN 55437-1060 General: 952-835-3800 Fax: 952-896-3333 Web: www.larkinhoffman.com March 12, 2021 Katie Larsen Via Email City Planner KLarsen@linolakes.us Lino Lakes City Hall 600 Town Center Parkway Lino Lakes, MN 55014 Re: Chris Stowe - 426 Pine Street NE, Lino Lakes, Minnesota Dear Ms. Larsen: This firm represents Chris Stowe, the owner of 426 Pine Street NE ("Property"), in the City of Lino Lakes ("City"). The Property is improved with an approximately 30,000 square foot riding arena ("Arena"), several acres, pasture land, and multiple agricultural buildings. This letter is intended to clarify Mr. Stowe's position regarding the lawful use of the Arena and contest the applicability of the 2020 conditional use permit(CUP) conditions the City is seeking to enforce against the Property. Background On October 14, 1968, the City approved a special use permit(the "SUP") for the Property to allow for a riding stable and Arena to be used for horse shows and horse boarding. At the time, the City had no limits on the number of animals that could be kept on the Property. Since that time, the owners of the Property have used the Arena and the Property for its approved purpose consistent with the SUP. In April 2018, Mr. Stowe acquired the Property and immediately began using the 30,000 square- foot Arena consistent with the SUP, including horse riding, horse shows, and horse boarding. Shortly thereafter, in direct response to complaints about Mr. Stowe's continuation of Arena operations, staff prepared a City Council staff report, dated July 9, 2018 ("2018 Staff Report") with recommended ordinance changes. At that time, City staff openly acknowledged that"the [Property] has operated as a horse training and selling facility for the past 20 years and is considered a commercial stable under the zoning ordinance." 2018 Staff Report Page 1. On July 13, 2018 the City passed Ordinance Number 10-18 ("Stable Ordinance"), establishing City Code of ordinances ("City Code") section 1007.058, which created numerous performance standards for Commercial Stables, including capping the maximum number of animals and requiring a conditional use permit(CUP). Katie Larsen March 12, 2021 Page 2 In response to enforcement letters sent by the City following adoption of the Stable Ordinance, Mr. Stowe, a lay person acting without benefit of legal counsel, acquiesced to the City's demands and applied for a CUP for a commercial stable, which was approved on November 9, 2020 ("2020 CUP"). The November 9, 2020 City Council meeting minutes ("Minutes") in which the council discussed the 2020 CUP application indicated confusion as to the status of the SUP: "Mayor Rafferty received confirmation that the former conditional use permit expired recently or long ago. Staff suggested it was mostly likely a long time ago." Minutes 139-140. These assertions contradict the 2018 Staff Report, and the City has provided no foundation to support the assertion that the SUP had expired. The 2020 CUP was subject to several conditions that significantly limited the Arena operations, proposing to curtail and diminish horse operations that have remained unfettered at the Property for the last fifty years. The conditions included a maximum of 12.5-25 animals, a new and unreasonable restriction on the 30,000 square foot Arena. In addition, the City demanded that Mr. Stowe surrender the SUP in exchange for the CUP. Upon review of these facts, this office has concluded that the SUP remains a property right held by the Property's owners and that the City has not lawfully terminated the SUP. Mr. Stowe will not surrender his rights under the SUP in exchange for an inferior and unnecessary CUP. The Commercial Stable Ordinance is Inapplicable to the Property Minnesota law provides that"any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion,unless . . . the nonconformity or occupancy is discontinued for a period of more than one year." Minn. Stat. Sec. 462.357, subd. le. This law establishes minimum protections from government overreach to ensure that newly- adopted ordinances and land use controls are not used to force the removal of an existing legal use. Here, the Arena use was established in 1968 under the SUP. Despite occasional use for other activities (including a BMX racing track)the Property continued to operate as an Arena, as was overtly and unequivocally acknowledged in the 2018 Staff Report. Again, the 2018 Staff Report unambiguously stated that the Arena has operated as a horse training and selling facility for the past 20 years and is considered a commercial stable under the zoning ordinance. Accordingly, the Arena remains a legally nonconforming use. Mr. Stowe has every right to continue the uses allowed by the SUP, free from any City performance standards only just instituted by the Stable Ordinance. This would include,but not be limited to, the Stable Ordinance's cap on the number of animals that may be maintained on the Property. The enforcement letters issued by the City failed to acknowledge the Stowe's legal rights. Mr. Stowe was never required to apply for a new CUP because the use of the Property for horse operations simply continued the longstanding, legally nonconforming property use. Katie Larsen March 12, 2021 Page 3 Removal of a Legal Nonconforming Use is Prohibited Under Law The Minnesota Supreme Court has stated a municipality has limited lawful options to terminate a legal nonconforming use of land. Those options are as follows: The first circumstance is by exercise of eminent domain. Minn. Stat. § 465.01 (2012). Two other circumstances are by operation of law when the use has been "discontinued for a period of more than one year,"Minn. Stat. § 462.357, subd. 1 e(a)(1), or when the use has been"destroyed by fire or other peril to the extent of greater than 50 percent of its estimated market value," id., subd. 1 e(a)(2). A fourth circumstance for terminating a nonconforming use is by judicial determination that the use is a nuisance.Id., subd. ld. Additionally, a municipality and a property owner may terminate a nonconforming use by written agreement. White v. City of Elk River, 840 N.W.2d 43, 52 (Minn. 2013). In White, the City required an existing legal nonconforming use to obtain a CUP. After approving the CUP, the City subsequently sought to eliminate the applicant's nonconforming rights by revoking the CUP. The Minnesota Supreme Court held that the City's action was an unlawful termination of legal nonconforming rights, which did not meet any of the lawful methods for termination described above. The same legal analysis as used in White is applicable to the City's actions here regarding Mr. Stowe's operation of the Arena. The City's actions are particularly suspect here—it was not until after the City passed the Stable Ordinance and compelled Mr. Stowe to apply for the 2020 CUP that the City asserted the original SUP had been abandoned. In 2018, the City expressly acknowledged that the Arena had been used as horse training and selling facility for the past 20 years. At that time, the City did not make any claims or assertions that the SUP had expired. To the contrary, the City adopted an ordinance that would have been unnecessary if Mr. Stowe truly had no rights in the SUP. The City's subsequent attempt to coerce Mr. Stowe to forfeit his rights under the SUP by claiming he needed an unnecessary CUP and have him acquiesce to the inapplicable requirements of the Stable Ordinance, is not appropriate under Minnesota law. The Required Forfeiture of the SUP is a Statutory Taking The City's demand that Mr. Stowe forfeits the SUP and other use rights as a condition of approval is a statutory taking under Minnesota Law: COMPENSATION FOR REMOVAL OF LEGAL NONCONFORMING USE. (a)Notwithstanding any law to the contrary, an ordinance or regulation of a political subdivision of the state or local zoning authority that requires the removal of a legal nonconforming use as a condition or prerequisite for the issuance of a permit, license, or other approval for any use, structure, development, or activity constitutes a takingand nd is prohibited without the payment of just compensation. This section does not apply if the permit, license, or other approval is requested for the construction of a building or structure that cannot be built without physically moving the nonconforming use. Katie Larsen March 12, 2021 Page 4 (b) This section applies to an action of a political subdivision of the state or a local zoning authority occurring on or after May 20, 2006, that requires removal of a legal nonconforming use as a condition or prerequisite for the issuance of a permit, license, or other approval. Minn. Stat Sec. 117.184 (emphasis added). Here, the City has demanded that Mr. Stowe execute a Conditional Use Permit Termination Agreement to terminate the original SUP as well as a subsequently-approved CUP issued in 1997. The City,by requiring the forfeiture of a legal nonconforming use as a condition of granting an unnecessary and unreasonable CUP, has committed a statutory taking that can only be mitigated by an affirmative recognition that the Property retains property rights under the SUP. Conclusion Mr. Stowe's simple desire is to continue using the Property as it has been used for fifty years. Although Mr. Stowe disputes the applicability of any of the performance standards contained in the Stable Ordinance,by far the most intolerable limitation is the cap of 12.5-25 animals on the Property. My client will protect his rights to a greater number of animals on the Property. To this date, the City has been unwilling to provide any details regarding the facts underlying its view that the SUP expired. If the City insists on the applicability of the Stable Ordinance to the Property and the coerced surrender of the SUP, Mr. Stowe intends to seek relief from the District Court. Please contact me if you would like to discuss this matter further. Sincerely, ,-)L-- Jacob W. Steen, for Larkin Hoffinan Direct Dial: 952-896-3239 Direct Fax: 952-842-1738 Email: jsteen@larkinhoffman.com cc: Mayor Rob Rafferty, (via email RRafferty@linolakes.us) Councilmember Tony Cavegn(via email Tcavegen@linolakes.us) Councilmember Chris Lyden(via email clyden@linolakes.us) Councilmember Michael Ruhland(via email mruhland@linolakes.us) Councilmember Dale Stoesz (via email DStoesz@linolakes.us) Jay Squires, City Attorney(via email jay.squires@raswlaw.com) Chris Stowe (via email mss37@aol.com) Mark Stowe (via email trinitypl@aol.com) Bryan J. Huntington, Esq. (via email bhuntington@larkinhoffman.com) 4817-8754-1981,v. 1 Kevin J.Rupp Scott Anderson . A JayT. Squires*t Michael J.Waldspurger• Rupp, ANDERSON, SQUIRES Amy E.Mace Trevor S.Helmers• & WALDSPURGER, P. A. ['1 John P.Edison• 1\J Tessa S.Wagner Liz J.Vieira Kristin C.Nierengarten Zachary 1. Cronen Michael J.Ervin Abigail R.Kelzer Steven R.Gershone Ryan P.Stipple* Marcus B.Jardine Nathan S.Froemming• Hannah M.Reichenbach -Also Admitted in Wisconsin tReal Property Specialist Certified by the MN State Bar Association March 29, 2021 Jacob Steen Larkin Hoffman 8300 Normandale Center Drive, Suite 1000 Minneapolis, MN 55437 RE: 426 Pine Street NE, Lino Lakes, MN Our File No. 4021-0001 Dear Mr. Steen: I am the City Attorney for Lino Lakes. This letter responds to your letter dated March 12, 2021. In that letter, you assert, on behalf of landowner Chris Stowe, that Mr. Stowe has the continuing nonconforming right to use his Pine Street property as a riding stable as authorized by a 1968 CUP. Your assertion is premised on the claim that the property has been utilized for this nonconforming purpose "continuously" since the CUP was issued. Your assertion is incorrect. In 1968, a CUP was issued allowing a riding stable on the Pine Street property. Contrary to your assertion, there has not been continuous use of the Pine Street property for stable purposes since that time. In fact, in 1994 the property owner discontinued that use, and a conditional use permit for a BMX riding track was issued in 1997. The property then began to be used for that purpose for a period of time. I am attaching excerpts from a 1997 Planning Commission meeting and a 2010 newspaper article discussing historical uses of the Pine Street property.. 333 South Seventh Street, Suite 2800, Minneapolis, MN 55402 office (612) 436.4300 a fax (612) 436.4340 • raswlaw.com Mr. Jacob Steen March 29, 2021 Page 2 You specifically suggest in your letter that the City conceded in a July 9, 2018 staff report related to its consideration of zoning text amendments to allow limited commercial stables in the rural zoning district that the Pine Street property had been used as a stable continuously for the last 20 years. You have also misread those reports. The property being referred to in those comments is a stable located at 1288 and 1325 Main Street. You will note that the July 9, 2018 report discusses the site that had been operated for the prior 20 years as a "horse training and selling facility". That is the Main Street property, not the Pine Street property. As you are aware, under Minnesota Statutes § 462.357, subd. 1(e), nonconforming use rights are lost if the use is discontinued for a period of one year or more. City Code contains similar language. Because the Pine Street property has not operated as a stable since 1994, it has lost any nonconforming rights it may have had under the 1968 CUP. Instead,it is subject to the present provisions of the zoning ordinance,which impose animal unit limitations on such operations. Your client has been granted a CUP allowing the maximum number of horses allowed by pertinent provisions. In summary, given the above, your client has no right to maintain on the site horses in excess of the number allowed by the 2020 CUP issued to him. If the conditions are violated, the City will pursue enforcement,up to revocation of the CUP. If your client does not execute the 1968 CUP termination agreement referenced in condition 14 to the 2020 CUP, your client will also be in violation of the CUP, which could also result in CUP revocation. Very Truly Yours, /s/ Jay T. Squires cc: Katie Larsen Mike Grochala RASW: 182024 Planning & Zoning Board June 11, 1997 • Page 6 Street Classification Minimum Setback Major Arterial 30 feet Minor Arterial 30 feet Collector 20 feet Local 15 feet 6. The vehicles are not connected to any water or sewage disposal system on the residential property where the same is so parked or stored. Mr. Herr seconded the motion. The motion carried with 5 Ayes and 1 Nay (Dunn). Ms. Wyland asked if the Board wished to include all trailers associated with RV's and add a condition that parked or stored RV's cannot block a trail crossing a driveway. Mr. Johnson made a MOTION to further amend the ordinance to include all trailers associated with RV's and add a condition that parked or stored RV's • cannot block a trail crossing a driveway. He was supported by Mr. Herr. The motion carried with 5 Ayes and 1 Nay (Dunn). B. Rehbein Arena/BMX Bike Racing 426 Pine Street Amended Conditional Use Permit- PUBLIC HEARING Mr. Kirmis stated that Mr. Rehbein's request is to legalize the existing BMX Biking facility located on approximately 20 acres of land south of Pine Street and east of Fourth Avenue. The property is zoned Rural, which currently does not allow this particular use. To accommodate the biking facility, two approvals would be required: 1) a text amendment to the zoning ordinance to allow commercial sports arenas within this zoning district, and 2) approval of a conditional use permit to allow this use on the subject property. At the present time, the City does not have a mechanism in place to accommodate this request. There is no allowance for a conditional use permit for this use. The Board needs to determine whether or not to consider a conditional use permit prior to an ordinance being in place to accommodate it Chair Schaps declared the public hearing open at 7:20 p.m. Mr. Herr stated that he would not want to take action until the ordinance amendment has been adopted by the City Council. • Ms. Wyland explained that the applicant has been waiting for Council action on an ordinance amendment. It is scheduled for review at the June 23, 1997 Planning & Zoning Board June 11, 1997 • Page 7 Council meeting. She noted that the City did receive a complaint. Because of the timing of the complaint, it was decided to go forward with the application. The Fire Chief has inspected the facility, and Mr. Rehbein is willing to make some corrections based on the Fire Chiefs recommendations. Mr. Herr stated that after the Council takes action to include this use as an option for a conditional use permit would be the appropriate time for the Board to consider it. Mr. Dunn noted that if the amended ordinance is not adopted, the issue is moot. However, people have been notified of the public hearing, and he would like to take time to hear their comments. He expressed his serious concern about being in compliance with the fire code because with the knowledge that the facility is not in compliance, the City could potentially become liable. Ms. Wyland stated that Mr. Rehbein and the Fire Chief have agreed on a 90-day time frame to complete repairs. Mr. Dunn noted that the Fire Chiefs memo is dated April 24, 1997, which means . the 90-day period is almost ended. He expressed his strong concern that events are taking place at a facility that does not meet fire code standards. Mr. Johnson asked if the arena is used in the summer. Mr. Kenneth Rehbein, 8027 Danube Street, answered, yes He noted that the Fire Chief did not indicate any danger in the facility. The repair work has been started and will be completed within the 90 days. Mr. Kirmis noted that the arena was constructed in 1971 for the purpose of accommodating rodeo events. It has been a BMX facility since 1994. Events y, are held indoors and outdoors. The indoor facility is 15,000 square feet; the outdoor arena is 24,000 square feet. The Board has recommended that commercial sports arenas be allowed as a conditional use in Rural zoning districts in the revised Zoning Ordinance to be considered by the Council. Mr. Kirmis stated that in relation to this conditional use permit application, staff is recommending approval with 15 additional conditions, which address: 1) allowing this conditional use in a Rural district; 2) combining the two lots currently used, 3) access issues, 4) compliance with side yard setbacks; 5) off-street parking compliance with setbacks, 6) adequate on-site sewer and water facilities; 7) compliance with the Fire Code; 8) adequate off-street parking provided, • striped, surfaced and according to ADA standards, 9) exterior lighting; 10) 8/2712021 Policy Number: 87045924042021 Transaction Date: 03-27-2021 at 1:55 PM Remittance ID: 58028336 Approval Code: n/a Premium Amount Owed: $909.00 Account Charged: $909.00 Balance: $0.00 vt �.. 0 0 In Downtown WlEife Beer Lake SNr1l� FELY Catch the spirit thu season and enjoy ovcryfhirg Riders tear some track at WITH US THIS �� �O�"'tr°wn Whire Bear lake hasrooffer.Enpy srore holiday promotions,greed restauronh providing c°dxide service and don't forget ro mlaa and stay for the holidays. H O L 1 DAY SEASON � � Surprtsa W rs hen Satka b grwf shoppers DonaMons b the . Ct Whk•flea.Aran food sheN are wacomad. .. .... Downtown WhiteBearlake.com • Indoorone of • in Minnesota 1 \4 M a Jake Hoschette catches some air as he speeds along the indoor BMX course during a practice run at Rehbein Arena on Saturday, March 6. -Photo by Paul Dols LINO LAKES — On the far north side of town, raging bulls used to kick up dirt trying to buck cowboys. These days, the former rodeo grounds is littered with clay jumps and hairpin turns trying to buck a different kind of rider—those who commandeer BMX bicycles. Last Saturday, Rehbein Arena hosted about 300 riders at an American Bicycle Association (ABA) state qualifying race and on Sunday, Redline Cup racers took their turn to tear up the track. The arena is a place where people of all ages practice riding an ABA-sanctioned bicycle motorcross course, and it's the only indoor BMX course in Minnesota, according to track operator Doug Knollmaier. "If you want to race bikes in the winter, you come to Rehbein's," Knollmaier said. "We have full-sized obstacles at a smaller venue just like outdoor tracks." The 450-foot course is about half the size of an outdoor track, so ridersmake two laps to complete one official lap. Knollmaier said he sees riders of all ages from the five-state area participate in weekend races. Children as young as 3 can participate in Tuesday and Friday practice sessions. "We get 3- and 4-year-olds all the way up to 50," said Knollmaier, 44. Many riders make their weekly visits to Rehbein in an attempt to gain more victories. ABA riders start as novices but move up to intermediate status upon winning eight races. Once a rider achieves 25 wins, he or she reaches the expert level. Some go professional, but Knollmaier said it stays pretty quiet at Rehbein, as the bleachers aren't exactly swarming with scouts and sponsors looking for young new talent. Rehbein Arena was built by current owner Don Rivard's father-in-law Tim Rehbein in 1971. It was initially used as a horse barn and indoor riding facility. It was also a popular venue for rodeos up until 1992, when Rivard was approached by the ABA to convert the barn into a racetrack. "The horse market and economy fizzled," Rivard said. "So we gave BMX a try and we're still doing it.' Knollmaier, a White Bear Lake native, raced BMX in his younger days. He said a minor revival is taking place among, people he raced with in the '80s. These days, he maintains the track with two other staff members. Once obstacles are built, maintenance doesn't become too major, he said. The clay track is watered every night to keep track structures hard. "The sport keeps kids in shape," he said. "I have people come out for a cardio workout. It's not like just riding around the street, because you'll know it when you've gone around the track (once)." Occasionally, Knollmaier hosts pro-am races with entry fees paid by BMX hotshots from Illinois, but most weekends provide friendly confines for parents to watch their children motor around the course. Knollmaier said riders can pay a reduced $30 fee that covers practice on Friday and the race entry fee on Saturday. All skill levels get an opportunity to race every weekend. "It's amazing to watch kids advance through the skill levels," the four-year track operator said. "They start by barely getting around the track and the next thing you know they are riding with the best." For more information on the ABA BMX track at Rehbein Arena, contact Doug Knollmaier at 651- 784-9514 or by e-mail at dugbmx@comcast.net. Nicholas Backus can be reached at quadnews@presspubs.com, 651-407-1235 or on Twitter at www.twifter.com/quadpress. i Wa undxstand Commitment f!+Jcall r4y A E4wm0 J<.WS fOr One IOft atWIM o�n-4 R y-r..usea Mrvaw m pnaosopny&pdstrakpt ta* sF.•ut s• W nran.. 1 n+-]s.To learn mcw.<aM to W ® OrYll4ben FN ..W MN YDJ(1pM�m ArY NMk ONM Rnn. iWIA le}ipp-)Q.q NMbWlb6.v q.��r M u nbar SIPC sIGC �'••�••�••,••• Misgen Insurance Agency CITY COUNCIL AGENDA ITEM 6B STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: July 9,2018 TOPIC: Consider I51 Reading of Ordinance No. 10-18,Amending City Code Chapter 1007 Related to Commercial Kennel and Commercial Stable Performance Standards VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council consideration to amend City Code Chapter 1007 to amend commercial kennel and commercial stable performance standards. BACKGROUND City staff received a complaint that a property has too many horses than permitted based on the zoning and acreage. The subject site has operated as a horse training and selling facility for the past 20 years and is considered a commercial stable under the zoning ordinance. The issue to be discussed is whether commercial stables should be allowed more animal units than standard rural zoning district uses. There are multiple commercial horse stables in Lino Lakes. Staff provides the following information regarding current ordinances and proposed amendments regarding animal units and commercial stables. ANALYSIS The City Zoning Ordinance establishes definitions, performance standards and zoning district uses for Animal Units, Commercial Kennels, and Commercial Stables. Per Section 1007.001 Rules and Definitions: ANIMAL UNIT. A unit of measure used to compare differences in the production of animal manure that employs as a standard the amount of manure produced on a regular basis by a slaughter steer or heifer for an animal feedlot or a manure storage area, calculated by multiplying the number of animals of each type by the respective multiplication factor and summing the resulting values for the total number of animal units. For purposes of this chapter, the following multiplication factors shall apply. For animals not listed, the number of animal units is the average weight of the animal in pounds divided by 1,000 pounds. 1 Larkin Larkin Hoffman Hoffman 8300 Norman Center Drive Suite 1000 Minneapolis, MN 55437-1060 General: 952-835-3800 Fax: 952-896-3333 Web: wwwlarkinhoffman.com May 11, 2021 City of Lino Lakes VIA E-MAIL AND Attn: City Planner, Mayor and City Council UNITED STATES MAIL Lino Lakes City Hall (KLarsenWinolakes.us) 600 Town Center Parkway Lino Lakes, MN 55014 Re: Variance Application at 426 Pine Street NE Dear City Planner, Mayor and City Council Members: We represent Christopher Stowe ("Applicant"), the owner of the Property at 426 Pine Street NE ("Property") in the City of Lino Lakes ("City"). On behalf of Applicant,please accept the enclosed materials as application for the variance described herein. Background Applicant owns three adjacent parcels each with different tax identification numbers: ID No. 05- 31-22-22-0003 (5.66 acres), ID No. 05-31-22-22-0005 (15.31 acres), and ID No. 05-31-22-22- 0006 (4.31 acres). All of these parcels are zoned rural. The present Application concerns the parcels with Tax IDs ending in 03 and 05, which together total approximately twenty(20) acres (the "Property"). The Property is improved with an approximately 50,000 square foot riding arena("Arena") and multiple horse-related buildings. In 1968, the City approved a building permit for a predecessor in title, Kenneth Rehbein, to construct a steel structure on the Property. The purpose of the structure was "Indoor+Outdoor Horse Show Arena." In 1969, the City granted a building permit to Elswort Rehbein to allow the construction of a corrugated steel structure for the boarding of horses. The boarding structure is approximately 10,000 sq. ft. and, in conjunction with the hay barn and outside areas, can board over one-hundred and twenty(120) horses or other large animals) Both the horse arena and boarding structure were constructed pursuant to these building permits and remain in place today. Pictures of these buildings are enclosed. Mr. Rehbein kept more than one-hundred(100)horses on the Property. In April 2018, Applicant acquired the Property and immediately began using it for horse operations. For two (2) years Applicant used the Property without any concerns being raised. 1 The hay barn on the property is 200 sq. ft. by 30 ft. Applicant also owns additional horse shelters, over 8,000 sq. ft. in size. City of Lino Lakes May 11, 2021 Page 2 During this time Applicant had an average of twenty-two (22) and a maximum of twenty-six (26) horses. Applicant has a private riding club with six (6) friends who sometimes bring other riders. Half of the horses are rescue animals and are either too old to ride or have significant health conditions. Horses are kept in stalls but are also allowed out on pasture in the spring, summer, and fall. Horses are allowed to graze the twenty(20)-plus acres during these times. A substantial portion of the horses' diet is comprised of hay. Manure generated by the animals is composted and used for fertilizer for pasture and hay fields. During the fall manure is removed from the Property by third parties for use off site. Any excess manure is removed from the Property by a dump truck. On July 13, 2018 the City passed Ordinance Number 10-18 ("Stable Ordinance"), establishing City Code of Ordinances ("City Code") section 1007.058,which created numerous performance standards for Commercial Stables, including capping the maximum number of animals and requiring a conditional use permit(CUP). In response to enforcement letters sent by the City following adoption of the Stable Ordinance, Mr. Stowe applied for a CUP for a commercial stable, which was approved on November 9, 2020 ("2020 CUP"). The 2020 CUP was subject to several conditions that significantly limited the Arena operations. The conditions included a maximum of 12.5-25 animal units with horses each counting as I animal unit—for a maximum of 25 horses on the Property. Prior Land Use Approvals On October 14, 1968, the City approved a special use permit(the "SUP") for the Property to allow for the above-described boarding structure and Arena to be used for horse boarding and horse shows. At the time of approval of the SUP, the City had no limits on the number of animals that could be kept on the Property. The SUP did not place any conditions on the number of horses boarded on the Property. In late 1997, the City granted an amended conditional use permit to permit use of the Property for purposes of a BMX bike racing facility. As referenced above, in November 2020, the City approved Resolution 20-129 for a conditional use permit for the Property authorizing a commercial stable and recreational use.2 The City placed conditions on the property including, but not limited to, (1) maximum of 12.5 animal units allowed on the property without an approved facility management and waste plan; and(2) a maximum of 25 animals are allowed on the site with MPCA approved facility management plan and waste plan. 2 Also, in November 2020, the City approved Resolution No. 20-144 to, among other things, amend Resolution 20-129 to correct a typographical error. City of Lino Lakes May 11, 2021 Page 3 Relief Requested Applicant is seeking the following City approvals: 1. Variance from Animal Unit Restriction. Applicant is seeking a variance from the Stable Ordinance's animal unit restrictions and the cap of 25 animal units. Applicant is requesting fifty(50) animal units to be kept on the Property. 2. Amended Conditional Use Permit. Applicant seeks issuance of an amended conditional use permit reflecting that fifty(50) animal units may be retained on the Property. Applicant requests that the amended permit excise prior condition number 12, requiring that"PID#05-31-22-22-003 and PID #05-31-22-22-0005 shall be combined with Anoka County."3 Variance Criteria and Conditions Under the City Code, variances must meet the following criteria: 1. The variance shall be in harmony with the general purposes and intent of the ordinance. The variance being sought is in conformance with the general purposes and intent of the ordinance. The City Code, at § 1007.080(1), states the purposes for the rural zoning district. These purposes include: a. To preserve productive land for agricultural use and maintain `open space' within and near to urban areas. c. To provide a method by which the urban farm can be guided so as to control urban sprawl and still conserve land in an economic status until such time as the need is present for an amendment to the Comprehensive Plan. The Property will continue to be maintained as an open space. The Property will continue to stand as a bulwark against urban sprawl. Moreover, it is noteworthy that for veterinary hospitals (a conditional use in this zoning district)up to forty(40) animals may be boarded on a property irrespective of its size. See City Code § 1007.080(7)(e). Horses boarded on the Property include 3 Resolution No. 20-129 "observed that [t]here are three (3)parcels of land . . . under common ownership and operate as a single enterprise." Indeed, these parcels have long been committed to the same operation and purpose. There is no need to require consolidation of these parcels. Instead, a CUP condition could be crafted that required that all three parcels be held in common by the same person or entity. Requiring consolidation of these parcels unnecessarily reduces the marketability of the parcels where there is a less restrictive condition that could be incorporated into a revised CUP. City of Lino Lakes May 11, 2021 Page 4 geriatric and sick horses that receive care beyond that required for ordinary horses. The Property is substantially larger than a veterinary clinic. 2. The variance shall be consistent with the comprehensive plan. The variance request is consistent with the City's 2040 Comprehensive Plan("Comp Plan"). Relevant land use goals and policies under the Comp Plan include: a. Goal 7: Sustain Lino Lakes' natural resources which make it such a desirable place to live a. Policy(a): Protect and preserve the natural resources throughout the city. See Comp. Plan Chapter 3, Goals and Policies. Applicant proposes to continue using the Property in a manner that will protect and maintain the natural resources on the site, including its natural wetlands and grasses. Horses will graze the grass and waste generated by the horses will be used as fertilizer. Excess waste, if any, will be removed off site. Horses that may not be desirable to others will be taken of, cared for, well fed, and regularly exercised. 3. There shall be practical difficulties in complying with the ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by the ordinance. The City approved the Property's use for boarding and showing horses over fifty years ago. Applicant proposes to use the Arena and boarding structure for the express purposes for which they were approved, constructed, and operated for several decades. The boarding structure alone provides sufficient space to house over fifty(50) horses. Without the additional horses, a large portion of the Arena will go unused. Half the horses that will be maintained on the Property are elderly or ill. These horses require less exercise and a smaller area for exercise. The Arena provides adequate space for these horses. Storing fifty animal units on the Property is a reasonable use of the Property that is not otherwise allowed. 4. The plight of the landowner shall be due to circumstances unique to the property not created by the landowner. The Property is unique because, for over 50 years, it has retained structures erected for the specific purpose of boarding and showing horses. A prior landowner maintained at least 100 horses on the Property. The Property is also unique in that the City previously granted Applicant's predecessor in title a conditional use permit allowing an unlimited number of horses. Furthermore, the Property is unique in that the landowner owns three contiguous parcels that may all be used in the horse operation. Finally, the Property is unique because the Applicant bought the Property in the good faith belief that it could be used for purposes of horse boarding and showing, per the 1968 SUP,which has never been terminated. City of Lino Lakes May 11, 2021 Page 5 5. The variance shall not alter the essential character of the locality. Permitting fifty animal units on the Property will not alter the essential character of the locality. The City has recently granted a CUP for the Property allowing for twenty-five (25)horses. For over fifty(50) years the essential character of the structures on the Property has been for horse- related uses. The incremental increase in horses will be consistent with this character. 6. A variance shall not be granted for any use that is not allowed under the ordinance for property in the zoning district where the subject site is located. The variance being sought does not change the Property's use. The use of the Property is already the operation of a horse stable. Storing animals is a permitted use in the rural district under the zoning code. City Code § 1007.080(5)(f). 7. In accordance with MN Stat. 462.357, Subp. 6,variances shall be granted for earth sheltered construction as defined in MN Stat. 216C.06, Subd. 14,when in harmony with the zoning ordinance. This requirement is not implicated by the Application. Based on the above criteria, Applicant has demonstrated that the variance request is warranted and consistent with City and state law. My client makes this application notwithstanding the fact that the circumstances leading to the Application demonstrate legal rights to board at least fifty(50)horses and/or other animal units pursuant to the 1968 SUP. Applicant believes that said SUP remains in effect, for the reasons articulated in my letter dated March 12, 2021 (enclosed). Applicant respectfully requests that the City approve the application as a reasonable resolution to the circumstances and to avoid the need for formal dispute resolution proceedings. Please contact me with any questions about this letter or the information contained herein. Sincerely, Jacob W. Steen, for Larkin Hoffman Direct Dial: 952-896-3239 Direct Fax: 952-842-1738 Email: jsteen@larkinhoffman.com Cc: Mayor Rob Rafferty, (via email RRafferty@linolakes.us) Councilmember Tony Cavegen (via email Tcavegen@linolakes.us) Councilmember Chris Lyden (via email clyden@linolakes.us) City of Lino Lakes May 11, 2021 Page 6 Councilmember Michael Ruhland(via email mruhland@linolakes.us) Councilmember Dale Stoesz (via email DStoesz@linolakes.us) Jay Squires, City Attorney(via email jay.squires@raswlaw.com) Chris Stowe (via email mss37@aol.com) Mark Stowe (via email trinitypl@aol.com) Bryan J. Huntington, Esq. (via email bhuntington@larkinhoffman.com) Michael Grochala(Community Development Director) (MGrochala@linolakes.us) Enclosures: 1. Photos of arena and horse boarding building 2. Correspondence of Jacob W. Steen dated March 12, 2021 4829-7653-1174,v. 1 CITY OF LINO LAKES RESOLUTION NO. 21-67 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR COMMERCIAL STABLES AT 426 PINE STREET WHEREAS, the City received a land use application for a conditional use permit amendment related to the commercial stables located at 426 Pine Street and related parcels; and WHEREAS, the June 9, 2021 Planning& Zoning Staff Report and the July 12, 2021 City Council Staff Report provide supporting narrative and documentation to the land use application; and WHEREAS, in 1968, the City Council approved a special use permit for riding stable/show arena on the Property and in 1997, the City Council approved a conditional use permit for BMX Track/Arena; and WHEREAS, both the 1968 special use permit and 1997 conditional use permit rights are lost and expired because the uses have discontinued for more than one (1) year. This is supported by State Statute 462.357, subd. 1(e),Nonconformities, City Code Section 1007.041,Non-Conforming Uses and Structures and City Code Section 1007.016(2)(k), Conditional Use Permits; and WHEREAS, in 2020, the City Council approved Resolution No. 20-129, Resolution No. 20-130 and Resolution No. 20-144 related to commercial stables located at 426 Pine Street; and WHEREAS,to avoid confusion and provide clarity, these resolutions are now void and shall be replaced with this Resolution No. 21-67; and WHEREAS,the"Subject Site" consists of three (3)parcels (PID #05-31-22-22-0006, #05-31-22-22-0003 and#05-31-22-22-0005); and WHEREAS,the "Property" consists of two (2)parcels (PID #05-31-22-22-0003 and PID #05-31-22-22-0005). WHEREAS, the Property is zoned R, Rural and allows for commercial stables with a conditional use permit per City Ordinance Section 1007.080(7)(1); and WHEREAS, the commercial stables operate on the Property; and WHEREAS, the legal description of the Property is as follows: PID# 05-31-22-22-0003: 1 E 400 FT OF N 650 FT OF W3/4 OF NW1/4 OF NW1/4 OF SEC 5 TWP 31 RGE 22, EX RD, SUBJ TO EASE OF REC PID # 05-31-22-22-0005: THE W3/4 OF NW1/4 OF NW1/4 OF SEC 5 TWP 31 RGE 22, EX E 400 FT OF N 650 FT THEREOF, ALSO EX THAT PRT OF SD W3/4 DESC AS FOL: BEG AT A PT ON W LINE OF SD W3/4 800 FT S OF NW COR THEREOF, TH S ALG SD W LINE 208 FT, TH E 208 FT, TH N 208 FT, TH W 208 FT TO POB, ALSO EX N 375 FT OF SD W3/4, EX RD, SUBJ TO EASE OF REC; and WHEREAS, a public hearing was held before the Planning&Zoning Board on June 9, 2021 and the Board recommended approval of the conditional use permit with a 4-0 vote with 1 abstention. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby makes the following per City Ordinance Section 1007.016(2)(g): FINDINGS OF FACT 1. The proposed development application has been found to be consistent with the policies and recommendations of the Lino Lakes Comprehensive Plan including: a. Land Use Plan. The Property is guided Urban Reserve per the 2040 Comprehensive Plan and zoned R, Rural. Commercial Stables are allowed with a conditional use permit and are consistent with rural land uses. b. Transportation Plan. Pine Street is a major collector road. The existing road has structural design and capacity to accommodate traffic proposed by the commercial stable operation. c. Utility(Sewer and Water) Plans. The Property is served by a restroom on a private septic system. The City s utility plans are not impacted. d. Local Water Management Plan. The City s Local Water Management Plan is incorporated into Chapter 7 of the City's 2040 Comprehensive Plan. One goal of the Plan is to improve water quality and the scenic and ecological values of City lakes, wetlands and other aquatic assets. The Property shall be in compliance with the required facility management and waste handling plan and other regulatory agencies requirements. 2 Regulations of City Code Chapter 1011: Stormwater, Erosion and Sediment Control shall be met to ensure runoff will not increase and surface water (wetlands) will not be impacted. The Property shall be in compliance with all City and other regulatory agencies requirements. No manure waste shall be stored or spread within 50 ft of a wetland and a 50 ft wide vegetated wetland buffer shall be maintained to further protect the water resource. No manure bins or manure storage shall be located in the wetlands or floodplain. e. Capital Improvement Plan. There will be no changes to the City's Capital Improvement Plan related to the commercial stable operation. f. Policy Plan. The commercial stable is consistent with the comprehensive plan (i.e. Policy Plan) in regards to land use, transportation, utilities, local water management and capital improvements. g. Natural Environment Plan. The City's Natural Environment Plan is incorporated into Chapter 10: Parks, Greenways and Trails of the City's 2040 Comprehensive Plan. One goal of the Plan is to identify,protect and preserve the desirable natural areas and ecological and aquatic resources of the community. The Property is part of the City's greenway corridor and shall be in compliance with all City and other regulatory agency requirements. No manure waste shall be stored or spread within 50 ft of a wetland and a 50 ft wide vegetated wetland buffer shall be maintained to further protect the natural resource. 2. The proposed development application is compatible with present and future land uses of the area. The commercial stables are compatible with present and future land uses. The surrounding land uses are rural residential. 3. The proposed development application conforms to performance standards herein and other applicable City Codes. The commercial stables conform to the performance standards of the City Code. 4. Traffic generated by a proposed development application is within the capabilities of the City when: 3 a. If the existing level of service (LOS) outside of the proposed subdivision is A or B, traffic generated by a proposed subdivision will not degrade the level of service more than one grade. b. If the existing LOS outside of the proposed subdivision is C, traffic generated by a proposed subdivision will not degrade the level of service below C. c. If the existing LOS outside of the proposed subdivision is D, traffic generated by a proposed subdivision will not degrade the level of service below D. d. The existing LOS must be D or better for all streets and intersections providing access to the subdivision. If the existing level of service is E or F, the subdivision developer must provide, as part of the proposed project, improvements needed to ensure a level of service D or better. e. Existing roads and intersections providing access to the subdivision must have the structural capacity to accommodate projected traffic from the proposed subdivision or the developer will pay to correct any structural deficiencies. f. The traffic generated from a proposed subdivision shall not require City street improvements that are inconsistent with the Lino Lakes Capital Improvement Plan. However, the City may, at its discretion, consider developer-financed improvements to correct any street deficiencies. g. The LOS requirements in paragraphs a. to d. above do not apply to the I- 35W/Lake Drive or I-35E/Main St. interchanges. At City discretion, interchange impacts must be evaluated in conjunction with Anoka County and the Minnesota Dept. of Transportation, and a plan must be prepared to determine improvements needed to resolve deficiencies. This plan must determine traffic generated by the subdivision project, how this traffic contributes to the total traffic, and the time frame of the improvements. The plan also must examine financing options, including project contribution and cost sharing among other jurisdictions and other properties that contribute to traffic at the interchange. h. The City does not relinquish any rights of local determination. Pine Street is a major collector road. The existing road has structural design and capacity to accommodate traffic proposed by the commercial stables. 5. The proposed development shall be served with adequate and safe water supply. The Property is served by a private well that can serve the commercial stables. 6. The proposed development shall be served with an adequate and safe sanitary sewer system. 4 The Property is currently served by a private septic system. The septic system is designed and sized to accommodate any future building modifications. 7. The proposed development shall not result in the premature expenditures of City funds on capital improvements necessary to accommodate the proposed development. There will be no premature expenditures of City funds. 8. The proposed development will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. The commercial stables do not involve uses and activities detrimental to persons or property if properly maintained. The Property shall be in compliance with all City and other regulatory agencies requirements. Best waste management practices shall be implemented at all times. 9. The proposed development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. The natural features (wetlands) will be protected by vegetated buffers. There are no other known natural, scenic or historic features on the existing site. BE IT FURTHER RESOLVED by the City Council of Lino Lakes in addition to the above administrative requirements of a conditional use permit, the following specific performance standards must also be met: § 1007.058 COMMERCIAL STABLES (3) General Standards. The following standards shall apply to all commercial stables: (a) Commercial stables offering services to the public, and having the facilities to maintain or care for ten(10) or more horses, must have their principal entrance located on a state highway, county road, or city collector street. Pine Street is a major collector road. The existing road has structural design and capacity to accommodate traffic proposed by the commercial stables. (b) Commercial stables that offer boarding, training, or other services to the public shall provide sanitary facilities for the public's use. The sanitary facilities must be constructed in accordance with the state building code, and connected to an individual sewage treatment system or the municipal sanitary sewer system. The commercial stables have a restroom for the public's use that is connected to a private septic system. 5 (c) Adjacent parcels of land under common ownership may be used to determine the maximum number of animal units allowed, if the parcels are operated as a single enterprise. a. In instances where a parcel of land consists of a fraction of an acre, the property size shall be rounded to the nearest whole number to determine the number of animal units allowed. Rounded Whole #Animal Units Parcel Acres Acres Allowed Mi (1 unit per 2 acres) 05-31-22-22-0006 4.30 4 2.0 05-31-22-22-0003 5.66 6 3.0 05-31-22-22-0005 15.09 15 7.5 TOTA 25.05 The three (3)parcels of land are under common ownership and operate as a single enterprise. City Ordinance Section 1007.080(5)69 allows for the keeping of farm animals, no more than one (1) animal unit per two (2) acres; therefore, no more than 12.5 animal units would be allowed on all three (3) parcels combined. If PID# 05-31-22-22-0006 were to be sold and/or not remain under common ownership, the maximum number of allowed animal units on the Property would be reduced to 10.5. b. Adjacent parcels of land shall not be separated by public right-of-way. The three (3)parcels are not separated by public right-of-way. (d) Up to double the animal unit density may be allowed subject to an approved facility management and waste handling plan. The maximum number of animal units allowed on the Subject Site is 12.5. With an approved facility management and waste handling plan, the maximum number of animal units allowed on the Subject Site is 25.0. If PID# 05-31-22-22-0006 were to be sold and/or not remain under common ownership, the maximum number of allowed animal units on the Subject Site would be reduced to 21.0. (e) Buildings housing domestic livestock, including barns, stables, sheds, and similar facilities shall be located no nearer than 100 feet from any inhabited, neighboring dwelling. 6 Barns, stables and sheds on the property are located more than 300 feet away from the inhabited neighboring dwelling. BE IT FURTHER RESOLVED by The City Council of the City of Lino Lakes hereby approves the conditional use permit for commercial stables on the Property with the following conditions: 1. Previously approved Council Resolution No. 20-129,No. 20-130 and No. 20-144 are void and superseded by this resolution. 2. The 1968 Special Use Permit for Riding Stable/Show Arena is void and superseded by this resolution. 3. The 1997 Conditional Use Permit for BMX Track/Arena is void and superseded by this resolution. 4. The Subject Site consists of three (3)parcels (PID #05-31-22-22-0006, #05-31-22-22- 0003 and#05-31-22-22-0005). 5. The Property consists of two (2)parcels (PID #05-31-22-22-0003 and PID #05-31- 22-22-0005). 6. If either of the two (2) Property parcels are sold or not held under common ownership, the conditional use permit is void. 7. A maximum of 12.5 animal units are allowed on the Subject Site without an approved facility management and waste handling plan. a. If PID# 05-31-22-22-0006 were to be sold or not remain under common ownership, the maximum number of allowed animal units on the Property would be reduced to 10.5. 8. A maximum of twenty-five (25.0) animal units are allowed on the Subject Site with an approved facility management and waste handling plan. a. If PID# 05-31-22-22-0006 were to be sold or not remain under common ownership, the maximum number of allowed animal units on the Subject Site would be reduced to 21.0. 9. No more than two (2.0) animal units are allowed on PID#05-31-22-22-0006. 10. The property owner shall work with the Minnesota Pollution Control Agency (MPCA) in creating an approved facility management and waste handling plan. a. If the facility management and waste handling plan requires off-site storage of manure waste, a written and signed agreement with an off-site property owner shall be submitted to the City annually. i. The agreement shall detail the number of times manure waste will be removed from the site and how much waste will be removed. b. An approved facility management and waste handling plan shall be submitted to the City within six (6) months of Council approval of the conditional use permit. 11. The Conditional Use Permit Council resolution shall be recorded against the Property (PID# 05-31-22-22-0003 and PID # 05-31-22-22-0005) by the City. 12. The Property shall be in compliance with all City and other regulatory agencies requirements. 13. The property owner shall comply with all Rice Creek Watershed District(RCWD) regulations or the Conditional Use Permit(CUP) may be revoked. 7 14. No manure shall be spread in floodplains or wetlands. 15. No manure bins, manure storage, or portable animal shelters shall be located in the wetlands or floodplain. 16. No manure waste shall be stored or spread within 50 ft of a wetland. a. A 50 ft wide vegetated wetland buffer shall be maintained. 17. No manure shall be spread on pastures with more than one (1)horse per two (2) acres. 18. Any future improvements required for restrooms shall be ADA compliant. 19. The total combined square footage of the portable animal shelters or loafing sheds shall not exceed 1,200 sf. 20. The Subject Site is subject to City Ordinance Chapter 503, Animal Control Regulations and shall be in compliance at all times. 21. A building permit or zoning permit is required for all future building construction or portable animal shelters. 22. The commercial stable operations shall be contained within the Property. a. Horseback riding in or along any road right-of-way shall be kept to a minimum. b. Animal waste deposited in or along any road right-of-way shall be removed immediately. 23. The City may inspect the Property on an annual basis. 24. Noise emanating from the Property shall be in compliance with all pertinent City and other agency regulations including but not limited to the State of Minnesota Pollution Control Standards, Minn. Rules Ch. 7030, as it may be amended from time to time. a. No person shall engage in activities involving the use of any kind of electric, pneumatic, diesel or gas-powered machine or other power equipment except as follows: 7:00 a.m. to 7:00 p.m. Monday through Friday 9:00 a.m. to 5:00 p.m. Saturday No activity allowed Sunday and federal holidays 25. Any violations of the conditional use permit or other city, state or regional regulations may result in revocation of the conditional use permit. Adopted by the Council of the City of Lino Lakes this 12t'day of July, 2021. 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: Rob Rafferty, Mayor 8 ATTEST: Julianne Bartell, City Clerk 9 CITY OF LINO LAKES RESOLUTION NO. 21-68 RESOLUTION DENYING A VARIANCE TO DOUBLE THE NUMBER OF ALLOWED ANIMAL UNITS AT 426 PINE STREET WHEREAS, the City received a land use application for a variance to double the number of allowed animal units from 25.0 to 50.0 related to the commercial stables located at 426 Pine Street and related parcels; and WHEREAS, the June 9, 2021 Planning& Zoning Staff Report and the July 12, 2021 City Council Staff Report provide supporting narrative and documentation to the land use application; and WHEREAS,the "Subject Site" consists of three (3)parcels (PID#05-31-22-22-0006, #05-31-22-22-0003 and#05-31-22-22-0005); and WHEREAS,the"Property" consists of two (2)parcels (PID #05-31-22-22-0003 and PID #05-31-22-22-0005); and WHEREAS, in 1968, the City Council approved a special use permit for riding stable/show arena on the Property and in 1997, Council approved a conditional use permit for BMX Track/Arena; and WHEREAS, both the 1968 special use permit and 1997 conditional use permit rights are lost and expired because the uses have discontinued for more than one (1) year. This is supported by State Statute 462.357, subd. 1(e),Nonconformities, City Code Section 1007.041,Non-Conforming Uses and Structures and City Code Section 1007.016(2)(k), Conditional Use Permits; and WHEREAS, the Property is zoned R, Rural and allows for commercial stables with a conditional use permit per City Ordinance Section 1007.080(7)(1); and WHEREAS, Council Resolution No. 21-67 approved a conditional use permit(CUP) for commercial stables on the Property; and WHEREAS,per Resolution No. 21-67, a maximum of 12.5 animal units are allowed on the Property without an approved facility management and waste handling plan; and WHEREAS,Resolution No. 21-67 doubled the number of allowed animal units from 12.5 to 25.0 on the Property with an approved facility management and waste handling plan; and WHEREAS,the variance request is to again double the number of allowed animal units from 25.0 to 50.0 on the Property; and 1 WHEREAS, the legal description of the Property and Subject Site parcels are as follows: PID# 05-31-22-22-0003: E 400 FT OF N 650 FT OF W3/4 OF NW1/4 OF NW1/4 OF SEC 5 TWP 31 RGE 22, EX RD, SUBJ TO EASE OF REC PID # 05-31-22-22-0005: THE W3/4 OF NW1/4 OF NW1/4 OF SEC 5 TWP 31 RGE 22, EX E 400 FT OF N 650 FT THEREOF, ALSO EX THAT PRT OF SD W3/4 DESC AS FOL: BEG AT A PT ON W LINE OF SD W3/4 800 FT S OF NW COR THEREOF, TH S ALG SD W LINE 208 FT, TH E 208 FT, TH N 208 FT, TH W 208 FT TO POB, ALSO EX N 375 FT OF SD W3/4, EX RD, SUBJ TO EASE OF REC; and PID #05-31-22-22-0006: N 375 FT OF W3/4 OF NW1/4 OF NW1/4 OF SEC 5 TWP 31 RGE 22, EX E 400 FT THEREOF, EX RDS, SUBJ TO EASE OF REC WHEREAS,the Planning & Zoning Board reviewed the variance application on June 9, 2021 and recommended denial with a 3-1 vote and 1 abstention. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby makes the following: FINDINGS OF FACT No variance shall be granted unless it meets all the criteria in paragraphs 1. through 7. below. The City shall make findings regarding compliance with these criteria. 1. The variance shall be in harmony with the general purposes and intent of the ordinance. The variance to double the number of animal units is not in harmony with the general purposes and intent of the ordinance. Per City Zoning Ordinance Section 1007.040 General Provisions, the general purpose and intent of the General Provisions is to assure compatibility of uses'to prevent urban blight, deterioration and decay; and to enhance the health, safety and general welfare of the residents of the community. Per City Zoning Ordinance Section 1007.058 Commercial Stables (1)Purpose: The purpose of this section is to provide performance standards for the operation of commercial stables. 2 Per Resolution No. 21-67 approving a conditional use permit for the Commercial Stables, a maximum of 12.5 animal units are allowed on the Subject Site without an approved facility management and waste handling plan. The CUP also allows the number of animal units to be doubled to a maximum of twenty-five (25.0) on the Subject Site with an approved facility management and waste handling plan. The variance request to double the number of animal units again from 25.0 to 50.0 does not enhance the health, safety and general welfare of the residents of the community due to the following issues: oo Wetlands and Floodplain There are approximately 12 acres of wetlands and 22 acres floodplain on the 25 acre Subject Site. This limits the amount of upland area to operate a commercial stable, pasture farm animals and properly manage manure waste so it does not drain into ditches and wetlands. Including but not limited to, Minnesota Pollution Control Agency (MPCA)guidelines state that for manure application, a minimum setback of 300 feet from protected wetlands is required. A 50 foot non-manured vegetated buffer can be used in place of the 300 foot setback during non-winter months. MN State Rule 7020.2005 Subpart 1. states that a "...manure storage area must not be constructed within a floodplain... ". Manure bins and/or manure storage shall be located outside the floodplain. oo Animal Health Given the limited amount of upland area, there are issues regarding the amount of pasture the animals have for grazing and manure management. Per the University of Minnesota Extension-Horse website, 2 acres of pasture are required for each horse and manure should not be spread on pastures with more than I horse per 2 acres. oo Facility Management and Waste Handling Plan Per the University of Minnesota Extension-Horse website, the average 1,000 pound horse produces 56 pounds of manure per day. This equates 2,800 pounds of manure per day for 50 horses. Due to the large volume of manure produced by 25-50 horses and the limited storage capacity on site due to wetlands and floodplain, the applicant is proposing to haul excess manure off-site with a dump truck which creates excessive noise and traffic. 2. The variance shall be consistent with the comprehensive plan. The variance is not consistent with the following City's 2040 Comprehensive Plans goals and policies due to wetland,floodplain, animal health and manure management issues: 3 oo Chapter 3: Land Use Goal 7: Sustain Lino Lakes'natural resources which make it such a desirable place to live a. Policy (a):Protect and preserve the natural resources throughout the city. oo Chapter 7:Local Water Management Plan Executive Summary Goals of the City's Local Water Management Plan include but are not limited to: Goal 2.1 Protect and improve water quality and the scenic and ecologic values of City lakes, wetlands and other aquatic assets. Goal 3 Maintain and enhance, where possible, the functions and services of existing wetlands and associated habitats with the City. Goal 4.1 Provide adequate storage and conveyance of runoff to protect the public safety and minimize property damage. Goal 7.1 Identify,protect and preserve the desirable natural areas and ecological and aquatic resources of the community. oo Chapter 10: Parks, Greenways & Trails Goal 4: Identify,protect and preserve the desirable natural areas and ecological and aquatic resources of the community. 3. There shall be practical difficulties in complying with the ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by the ordinance. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. The applicant failed to demonstrate practical difficulties. There are no practical difficulties in complying with the Commercial Stable Ordinance 1007.058. Council Resolution No. 21-67 approved a conditional use permit stating a maximum of 12.5 animal units are allowed on the Subject Site without an approved facility management and waste handling plan and a maximum of twenty-five (25.0) animal units are allowed on the Subject Site with an approved facility management and waste handling plan. If the property owner/applicant cannot comply with the 12.5 or 25 animal unit requirement, they would not be able to comply with the 50 animal unit conditions. 4. The plight of the landowner shall be due to circumstances unique to the property not created by the landowner. 4 The plight of the landowner is not due to circumstances unique to the property. The property is not unique when compared to other similar sized rural properties with similar uses and large accessory structures. The landowner is allowed to operate a commercial stable in accordance to Resolution No. 21-67. The landowner purchased the property under the false assumption they could have an unlimited number of animal units. 5. The variance shall not alter the essential character of the locality. The variance will alter the essential character of the locality which is a single family home, riding stable and arena in a rural residential neighborhood. The number of allowed animal units has already been doubled from 12.5 to 25.0 with the approved conditional use permit. The magnitude of quadrupling the number of animal units from 12.5 to 50 alters the essential character of the locality. 6. A variance shall not be granted for any use that is not allowed under the ordinance for property in the zoning district where the subject site is located. The variance will not be granted for any use that is not allowed under the ordinance for property in the zoning district. The property is zoned R, Rural and commercial stable is allowed with an approved conditional use permit. 7. In accordance with MN Stat. 462.357, Subp. 6, variances shall be granted for earth sheltered construction as defined in MN Stat. 216C.06, Subd. 14, when in harmony with the zoning ordinance. Not applicable. BE IT FURTHER RESOLVED by The City Council of the City of Lino Lakes hereby denies the variance request to double the number of allowed animal units from 25.0 to 50.0 on the Property. Adopted by the Council of the City of Lino Lakes this 12t'day of July, 2021. 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: Rob Rafferty, Mayor ATTEST: Julianne Bartell, City Clerk 5 CITY COUNCIL AGENDA ITEM 6B STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: July 12, 2021 TOPIC: Glamos Wire, Inc. (2300 Main Street) i. Consider Resolution No. 21-69 Approving Conditional Use Permit for Open and Outdoor Storage ii. Consider Resolution No. 21-70 Approving Site Improvement Performance Agreement VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council consideration of a Conditional Use Permit and Site Improvement Performance Agreement for Glamos Wire, Inc. located at 2300 Main Street. Complete Application Date: May 12, 2021 60-Day Review Deadline: July 11, 2021 60-Day Extension: September 9, 2021 Planning & Zoning Board Meeting: June 9, 2021 City Council Work Session: July 12, 2021 City Council Meeting: July 12, 2021 BACKGROUND The applicant, Steve Tomas of Glamos Wire, Inc., submitted a Land Use Application for a Conditional Use Permit(CUP) for Open and Outdoor Storage at their facility located at 2300 Main Street. This staff report is based on the following information: oo Site Plan prepared by Michael Monn Architects revision date May 10, 2021 oo ALTA/NSPS Land Title Survey prepared by EG Rud& Sons, Inc. dated July 2, 2020 ANALYSIS Background 1 In July 2020, staff observed illegal outdoor storage of semi-trailers, signage and construction without a permit at 2300 Main Street, Glamos Wire, Inc. Staff reached out to the property owner in August 2020 with a courtesy call and email. After no response, staff followed up with letters and emails in September, October and November 2020. In December 2020 and March 2021, the applicant submitted incomplete land use applications. Staff continued to work with the property owner until a complete land use application was submitted in May 2021. Zoning The property is zoned LI, Light Industrial. Open and Outdoor storage is allowed with an approved conditional use permit. This includes the outdoor storage of semi-trailers as regulated by Zoning Ordinance Section 1007.043(16) Exterior Storage (b). 3. Within an industrial zoning district, the exterior storage of semi-trailers accessory to the principal use may be allowed by conditional use permit according to §1007.120 and §1007.121. Semi-trailers connected to semi-tractors queuing for loading or unloading shall be considered truck parking and be exempt from the outdoor storage conditional use permit. Staff has observed as many as 20+ semi-trailers parked on the south side of the building. We were first told the semi-trailers were owned by Glamos Wire, Inc. but then learned they were owned by another company and Glamos Wire, Inc. was leasing outdoor storage space to them. If approved, the outdoor storage of any semi-trailers, vehicles, equipment, materials etc. shall be accessory to the principal use. No off-site user storage shall be allowed. Surrounding Zoning and Land Use Direction Zoning Current Land Use Future Land Use GB General Commercial North Business (McDonald's &Main Commercial Street Shoppes) South LI, Light Industrial Vacant Industrial Industrial Industrial East LI, Light Industrial (Laborers Training Industrial Center) West GB, General Vacant Commercial Commercial Business This I-35E, Main Street and Otter Lake Road corridor has been the focus of high value, high quality commercial and industrial development for both the City and property owners. The City should be cognizant of outdoor storage and its limited increase in land value. Site Plan The parcel is 18 acres. The main building and associated parking lots are located on the north half of the site. The south half of the site consists of trees, wetlands and agricultural crop land. 2 The applicant's site plan shows an 8 ft. tall opaque white vinyl privacy fence extending from the existing building around the perimeter of a portion of the parking lot immediately south of the building. Additional landscape screening is proposed at the southwest corner of the building near the fence. Per the ALTA/NSPS Land Title Survey prepared by EG Rud& Sons, Inc. dated July 2, 2020, a recorded Declaration for Maintenance of Stormwater Facilities, a recorded Easement, two (2) bioretention basins and a 22 ft. wide easement exist on the south side of the parking lot. These basins provide stormwater management for the parking lot. The parking lot sheet flows south into the basins. As proposed, the privacy fence appears to have a 4 inch gap at the bottom which would allow for water to flow under. The proposed fence and outdoor storage shall not impede or impair the function of the drainage, stormwater management system or bioretention basins. The property owner shall be in compliance with the recorded stormwater Declaration and Easement at all times. Per May 10, 2021 email correspondence with the applicant, the following items are proposed for outdoor storage: oo Utility trailers and company vehicles oo Wire stems—these get picked up once a week from our steel suppliers so we're constantly cycling these in and out to be recycled. oo Steel scrap bin—we use this to recycle our scraps picked up once a week by National Recycling Inc. oo Bales of cardboard—picked up by International Paper Company oo Overflow pallets—cycled in and out every 1 to 3 days oo Snow plow and sanding equipment oo 8 yard Trash bin—picked up once a week by Waste Management Conditional Use Permit for Open and Outdoor Storage City Zoning Ordinance Section 1007.120(9)(e) details the following conditions of approval for open and outdoor storage: (e) Open and outdoor storage (not outdoor sales lots) as an accessory use provided that: 1. The designated storage area shall comply with all building setback requirements for the district. Outside storage is prohibited between the principal structure and any public right-of-way. The required building setback along CR 84 (Otter Lake Road) is 50 feet. The proposed outdoor storage and fence setback is 210+ft. This requirement is met. The required rear yard building setback is 15 feet. The proposed outdoor storage and fence setback is 480+ft. This requirement is met. The required side yard building setback is 10 feet. The proposed outdoor storage and fence is proposed 3-4 ft off the east lot line which is in line with the existing building. The existing 3 building does not meet side yard building setbacks. Since a fence is allowed to be located on a lot line, the fence location could be allowed and the actual outdoor storage of semi-trailers, vehicles, equipment, materials etc. shall be ]Oft within the fence. No outside storage is located between the principal structure and any public right-of-way. 2. The storage area is landscaped and screened from view of adjacent uses and public rights-of-way via a fence and greenbelt planting strip, in accordance with §1007.043 (17)(f) of this Ordinance. Section 1007.043(17)()9 Buffer and Screen Standards requires for Outdoor Storage Yards, a minimum 8 foot tall wall or fence of permanent materials and planting shall provide shrub cover for 50%of the wall offence on the exterior side. At its discretion, the City Council may approve a modification or waiver from these standards where the affected property line adjoins another industrial property. The property owner has requested as an alternative, a row of arborvitae 15 ft tall x 4 ft wide along south of the parking lot. Staff and the Planning &Zoning Board do not recommend this alternative. CR 84 (Otter Lake Road) is a high traffic road and the site, building and outdoor storage area are highly visible from the road. The existing bioretention basins and 22 ft wide easement also shall not be encumbered or disturbed by plantings, trees or shrubs. There is no room between the parking lot and the basins or easement to plant arborvitae or other landscaping. The 8 ft tall fence also provides greater security than coniferous trees and shrubs. Securing the outdoor storage is a main concern of the property owner as stated in their land use application. They have had several issues of trespassing and vandalism due to the unsecured, outdoor storage. A reasonable modification could be to waive the 50%shrub cover along south, west and east lot lines due existing trees and landscaping. These existing trees and landscaping shall not be removed or they shall be replaced. The applicant has also expressed concerns about the cost of the fence. Their land use application states a cost of$60,000. To decrease costs, the applicant could make the outdoor storage area smaller. 3. The entire storage area is fenced and secured in an appropriate manner. The entire storage area is fenced and secured with an 8ft tall opaque white vinyl privacy fence and the existing building. A 16 ft wide gate is proposed along the west side of the outdoor storage area. 4. The storage area is blacktopped or concrete surfaced, unless an alternative wear-resistant material is determined by the City Engineer to be suitable to control dust and drainage and is specifically approved by the City Council. 4 The outdoor storage area is located on the existing bituminous blacktopped parking lot. No outdoor storage shall occur on the grass or landscape area located between the building and the parking lot. 5. The storage area does not take up parking space or loading space as required for conformity to this Ordinance and is not located in the front yard. Per the submitted Site Plan, the required number of parking stalls based on building occupancy is 156 spaces. The total number of parking stalls on site is 360. The outdoor storage area proposes to eliminate 167 parking stalls. This will leave 193 parking stalls which exceeds the required 156. This requirement is met. 6. The property shall not abut I-35W or 1-35E. The property does not abut 1-35W or I-35E. 7. The ratio of storage area to building footprint shall not exceed 2.5:1. 2.5 x 137,824sf building footprint= 344,560 sf storage area allowed. The proposed outdoor storage area as shown on the Site Plan is approximately 71,200 sf.' This requirement is met. 8. All parking, loading and truck staging activities shall occur on site. On-street parking and loading associated with the use is prohibited. No on-street parking is proposed. 9. Storage shall not include material considered hazardous under Federal or State Environmental Law. No additional comment. Planning and Zoning Board The Planning & Zoning Board held a public hearing on June 9, 2021. There were no public comments. The Board recommended approval with a 4-0 vote and 1 abstention with conditions detailed in Resolution No. 21-69. These conditions also include waiving the 50% shrub requirement along the fence. Site Improvement Performance Agreement A Site Performance Agreement is required per City Code Section 1007.020(5)(d). Findings of Fact Council Resolution No. 21-69 details the Conditional Use Permit Findings of Fact. 5 RECOMMENDATION Staff and Planning & Zoning Board recommend approval of the conditional use permit and Site Improvement Performance Agreement for Glamos Wire, Inc. ATTACHMENTS 1. Sheet SP1, Site Plan 2. Resolution No. 21-69 3. Resolution No. 21-70 4. Site Improvement Performance Agreement 6 -1 o 0 0 0 Main Street Site Data Michael Monn Architects THIS PROPOSAL IS FOR A REUSE OF THE EXISTING PARKING AREA TO THE SOUTH OF THE EXISTING BUILDING. 7933 GRINNELL WAY Property Line N 88°22'05"E 645.68' — — I ALL EXISTING PAVEMENT,CURB&GUTTER,LANDSCAPING AND SITE LIGHTING SHALL LAKEVILLE,MN 55044-9060 REMAIN AS EXISTING. P (612)247-5406 Existing I Monument I SITE AREA: 19.11 Acres (832,279 s.f.) E mike@michaelmonnarchitects.com 50 foot Building Setback Sign - - - - - - — — — — — I _ I I BUILDING AREA: 137,824s.f. _ - - - - - - - - - - - - - - - - r — — — — — _ _ ©2021 Michael Monn Architects I I I OCCUPANCY AREAS: Office 9,275 s.f. All rights reserved. Factory 88,040 s.f. Warehouse 28,820 s.f. This document is an instrument of Gymnasium(tenant) 11,689 s.f. service and is the proper tyy of Michael Monn Architects.,and may not be used or PARKING REQUIRED: Office 9,275 s.f.@ 1 space per 200 s.f. = 27 Spaces copied without prior written consent. Existing I Factory 88,040 s.f.@ 1 space per 2000 s.f. = 45 Spaces Light Pole I I Warehouse 28,820 s.f.@ 1 space per 2000 s.f. = 15 Spaces (Typical) i I I Gymnasium 11,689 s.f. Certification Existing Parking Lot I 20 spaces plus 1 per 200 s.f.over 2000 s.f. = 69 Spaces I hereby certify that this plan,specification 141 Stalls I I Total = 156 Spaces or report was prepared by me or under my direct supervision and that I am a duly I I I licensed Architect under the laws of the -9 "9"9 9'Q 9'qN I I PARKING PROVIDED North parking lot = 141 Spaces(including 8 Accessible spaces) State of Minnesota. South parking lot = 52 Spaces Total parking lot = 193 Spaces Truck I I 5/10/2021 Maneuvering I I Michael J.Monn Registration.No.:21772 Area I II ° I II I II I II I II I II _Existing Loading Dock I I Area I I I IX I I Glamos Wire � I 2300 Main Street 137,824 s.f. � I C5 I Existing O I Loading Dock Area nli Align fence w/ Align fence w/ o I building corner building corner Landscape Screening: Refer to Villa drawing for details I III - I � 11C! I 11 N l l I T I I l III Existing Parking Lot 16' gate to South Yard III w (52 Stalls) �I match fence (Remove 167 parking stalls) III N o �' II III v l ICD III z +' o o1 =- - - - - - - - - - - -- - -- - - --=- --=- --- - - - - - - - of II 8'tall white vinyl I I privacy fence I 1 Typical Fence SP1 Elevation View I I I II I III Revisions III 1 2021-05-10 City Comments II 2 � I 3 I 4 I II I II 5 ° I II 6 I II I II I I I Project Number 8'tall opaque white viny I I I 21109 privacy fence I I Dote I II _ II 2021-03-26 I II I I I Project I II Pavement I I I Glamos Wire I II 2300 Main Street I II III Lino Lakes, Minnesota 55038 I III ( 11 I I Sheet Title 1 Elevation - i /\ Site Plan - Typical panel view lit - 1 -0 111 - 60-0 Site Plan Fence - T Yp p I II I II I II II I I Sheet Number Property Line N 88°55'54"E 662.87' spi CITY OF LINO LAKES RESOLUTION NO. 21-69 RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR OPEN AND OUTDOOR STORAGE FOR GLAMOS WIRE, INC. (2300 MAIN STREET) WHEREAS, the City received a land use application for a Conditional Use Permit from Glamos Wire, Inc. located at 2300 Main Street and hereafter referred to as "Development"; and WHEREAS, the June 9, 2021 Planning& Zoning Staff Report and the July 12, 2021 City Council Staff Report provide supporting narrative and documentation to the land use application; and WHEREAS, the property is zoned LI, Light Industrial and allows for open and outdoor storage with an approved conditional use permit; and WHEREAS, the legal description of the subject property is as follows: THE W1/2 OF SE1/4 OF NE1/4 OF SEC 24 TWP 31 RGE 22, EX RD, SUBJ TO EASE OF REC; and WHEREAS, City staff has completed a review of the land use application based on the following plans: oo Site Plan prepared by Michael Monn Architects revision date May 10, 2021 oo ALTA/NSPS Land Title Survey prepared by EG Rud& Sons, Inc. dated July 2, 2020; and WHEREAS, a public hearing was held before the Planning&Zoning Board on June 9, 2021 and the Board recommended approval of the conditional use permit with a 4-0 vote and 1 abstention. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby makes the following findings: FINDINGS OF FACT 1. The proposed development application has been found to be consistent with the policies and recommendations of the Lino Lakes Comprehensive Plan including: a. Land Use Plan. b. Transportation Plan. 1 c. Utility(Sewer and Water) Plans. d. Local Water Management Plan. e. Capital Improvement Plan. f. Policy Plan. g. Natural Environment Plan. The open and outdoor storage area is consistent with the 2040 Comprehensive Plan. The property is guided industrial and outdoor storage as an accessory to the industrial user is consistent with that land use. The development is also consistent with the goals and policies of the comprehensive plan in regards to resource management, transportation, utilities and local water management plan. 2. The proposed development application is compatible with present and future land uses of the area. Present and future land uses include commercial and industrial. The open and outdoor storage area is compatible with these uses if proper screening and compliance with the conditional use permit and City ordinances is maintained. 3. The proposed development application conforms to performance standards herein and other applicable City Codes. The open and outdoor storage area conforms will all performance standards as detailed in this resolution. 4. Traffic generated by a proposed development application is within the capabilities of the City when: a. If the existing level of service (LOS) outside of the proposed subdivision is A or B, traffic generated by a proposed subdivision will not degrade the level of service more than one grade. b. If the existing LOS outside of the proposed subdivision is C, traffic generated by a proposed subdivision will not degrade the level of service below C. c. If the existing LOS outside of the proposed subdivision is D, traffic generated by a proposed subdivision will not degrade the level of service below D. d. The existing LOS must be D or better for all streets and intersections providing access to the subdivision. If the existing level of service is E or F, the subdivision developer must provide, as part of the proposed project, improvements needed to ensure a level of service D or better. 2 e. Existing roads and intersections providing access to the subdivision must have the structural capacity to accommodate projected traffic from the proposed subdivision or the developer will pay to correct any structural deficiencies. f. The traffic generated from a proposed subdivision shall not require City street improvements that are inconsistent with the Lino Lakes Capital Improvement Plan. However, the City may, at its discretion, consider developer-financed improvements to correct any street deficiencies. g. The LOS requirements in paragraphs a. to d. above do not apply to the I- 35W/Lake Drive or I-35E/Main St. interchanges. At City discretion, interchange impacts must be evaluated in conjunction with Anoka County and the Minnesota Dept. of Transportation, and a plan must be prepared to determine improvements needed to resolve deficiencies. This plan must determine traffic generated by the subdivision project, how this traffic contributes to the total traffic, and the time frame of the improvements. The plan also must examine financing options, including project contribution and cost sharing among other jurisdictions and other properties that contribute to traffic at the interchange. h. The City does not relinquish any rights of local determination. Traffic generated by Glamos Wire, Inc. and the open and outdoor storage area are within capabilities of the streets serving the property. CR 84 (Otter Lake Road) and CSAH 14 (Main Street) are arterial and A-Minor Connector roads respectively. 5. The proposed development shall be served with adequate and safe water supply. The principal building, Glamos Wire, Inc. has an adequate water supply. The open and outdoor storage area does not impact the water supply. 6. The proposed development shall be served with an adequate and safe sanitary sewer system. The principal building, Glamos Wire, Inc. has an adequate sanitary sewer system. The open and outdoor storage area does not impact the sanitary sewer system. 7. The proposed development shall not result in the premature expenditures of City funds on capital improvements necessary to accommodate the proposed development. No City funds are being expended on this project. 8. The proposed development will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. 3 The outdoor storage of materials that cause excessive traffic, noise, smoke,fumes, glare or odors is not allowed. 9. The proposed development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. There are no natural, scenic or historic features on the existing site. BE IT FURTHER RESOLVED by The City Council of Lino Lakes in addition to the administrative requirements of a conditional use permit, the following specific performance standards of City Code Section 1007.120 (9) must also be met: (e) Open and outdoor storage (not outdoor sales lots) as an accessory use provided that: 1. The designated storage area shall comply with all building setback requirements for the district. Outside storage is prohibited between the principal structure and any public right-of-way. The required building setback along CR 84 (Otter Lake Road) is 50 feet. The proposed outdoor storage and fence setback is 210+ft. This requirement is met. The required rear yard building setback is 15 feet. The proposed outdoor storage and fence setback is 480+ft. This requirement is met. The required side yard building setback is 10 feet. The proposed outdoor storage and fence is proposed 3-4 ft off the east lot line which is in line with the existing building. The existing building does not meet side yard building setbacks. Since a fence is allowed to be located on a lot line, the fence location could be allowed and the actual outdoor storage of semi-trailers, vehicles, equipment, materials etc. shall be ]Oft within the fence. No outside storage is located between the principal structure and any public right-of- way. 2. The storage area is landscaped and screened from view of adjacent uses and public rights-of-way via a fence and greenbelt planting strip, in accordance with §1007.043 (17)(f) of this Ordinance. Section 1007.043(17)()i Buffer and Screen Standards requires for Outdoor Storage Yards, a minimum 8 foot tall wall or fence of permanent materials and planting shall provide shrub cover for 50%of the wall offence on the exterior side. At its discretion, the City Council may approve a modification or waiver from these standards where the affected property line adjoins another industrial property. An 8 ft. tall opaque white vinyl privacy fence extending from the existing building around the perimeter of a portion of the parking lot immediately south of the building provides screening. Additional landscape screening is also proposed at the southwest corner of the building near the fence. 4 The City Council agrees to waive the 50%shrub cover along south, west and east lot lines due existing trees and landscaping. These existing trees and landscaping shall not be removed or they shall be replaced. 3. The entire storage area is fenced and secured in an appropriate manner. The entire storage area is fenced and secured with an 8ft tall opaque white vinyl privacy fence and the existing building. A 16 ft wide gate is proposed along the west side of the outdoor storage area. 4. The storage area is blacktopped or concrete surfaced, unless an alternative wear-resistant material is determined by the City Engineer to be suitable to control dust and drainage and is specifically approved by the City Council. The outdoor storage area is located on the existing bituminous blacktopped parking lot. No outdoor storage shall occur on the grass or landscape area located between the building and the parking lot. 5. The storage area does not take up parking space or loading space as required for conformity to this Ordinance and is not located in the front yard. Per the submitted Site Plan, the required number of parking stalls based on building occupancy is 156 spaces. The total number of parking stalls on site is 360. The outdoor storage area proposes to eliminate 167 parking stalls. This will leave 193 parking stalls which exceeds the required 156. This requirement is met. 6. The property shall not abut I-35W or I-35E. The property does not abut 1-35 W or 1-35E. 7. The ratio of storage area to building footprint shall not exceed 2.5:1. 2.5 x 137,824sf building footprint= 344,560 sf storage area allowed. The proposed outdoor storage area as shown on the Site Plan is approximately 71,200 sf. This requirement is met. 8. All parking, loading and truck staging activities shall occur on site. On- street parking and loading associated with the use is prohibited. No on-street parking is proposed. 9. Storage shall not include material considered hazardous under Federal or State Environmental Law. No additional comment. 5 BE IT FURTHER RESOLVED by The City Council of the City of Lino Lakes hereby approves the conditional use permit for open and outdoor storage for Glamos Wire, Inc. located at 2300 Main Street subject to the following conditions: 1. The outdoor storage of any semi-trailers, vehicles, equipment, materials etc. shall be accessory to the principal use. No off-site user storage shall be allowed. 2. The fence and/or outdoor storage items shall not impede or impair the function of the drainage, stormwater management system or bioretention basins. 3. The only items and equipment allowed in the open and outdoor storage area are as follows: a. Semi-trailers,utility trailers and company vehicles b. Wire stems c. Steel scrap bin d. Bales of cardboard e. Overflow pallets f. Snow plow and sanding equipment g. Eight(8) yard trash bin 4. All outdoor storage shall be located on the paved parking lot within the outdoor storage area. No items or equipment shall be stored on the grass or landscape area located between the building and the parking lot. 5. No outside storage shall be located between the principal structure and any public right-of-way. 6. No outdoor storage shall occur within 10 ft. of the east lot line within the outdoor storage area. 7. The 50% shrub requirement along the fence is waived; however, the existing trees and landscaping shall not be removed or they shall be replaced to provide sufficient screening in accordance with City Code. 8. All outstanding building permit issues shall be resolved within 30 days of City Council approval of the conditional use permit. 9. Failure to comply with any of the above listed conditions may result in revocation of the conditional use permit. 10. A Site Performance Agreement and securities are required. 11. A building permit for the fence installation is required. BE IT FURTHER RESOLVED by the City Council of the City of Lino Lakes hereby approves the conditional use permit subject to the following requirements being addressed prior to issuance of a building permit: 1. A Site Improvement Performance Agreement shall be approved by City Council, executed and securities in place. 6 2. The fence detail on Sheet SP1, Site Plan differs from the fence detail submitted as Document 3. Please revise for consistency. 3. A detail of the 16ft gate shall be provided. The gate shall provide full screening and slats are not allowed. Adopted by the Council of the City of Lino Lakes this 12t'day of July, 2021. 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: Rob Rafferty, Mayor ATTEST: Julianne Bartell, City Clerk 7 CITY OF LINO LAKES RESOLUTION NO. 21-70 RESOLUTION APPROVING A SITE IMPROVEMENT PERFORMANCE AGREEMENT WITH GLAMOS WIRE, INC. (2300 MAIN STREET) WHEREAS, the City has completed review of the site and building plan for Glamos Wire, Inc. located at 2300 Main Street; and WHEREAS, the parcel is legally described as follows: THE W1/2 OF SE1/4 OF NE1/4 OF SEC 24 TWP 31 RGE 22, EX RD, SUBJ TO EASE OF REC; and WHEREAS, Section 1007.020(5)(d) of the Lino Lakes Zoning Ordinance requires the execution of a site performance agreement prior to issuance of a building permit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes that the Site Improvement Performance Agreement between the City of Lino Lakes and Glamos Wire, Inc. is hereby approved and the Mayor and City Clerk are authorized to execute such agreements on behalf of the City. Adopted by the Council of the City of Lino Lakes this 12th day of July, 2021. 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: Rob Rafferty, Mayor ATTEST: Julianne Bartell, City Clerk CITY OF LINO LAKES,MINNESOTA SITE IMPROVEMENT PERFORMANCE AGREEMENT THIS AGREEMENT made this day of , 2021, is by and between the City of Lino Lakes, a municipal corporation organized under the laws of the State of Minnesota, and Glamos Wire, Inc., LLC, a Minnesota corporation(2300 Main Street, Lino Lakes, MN 55038) ("Developer"). WHEREAS, the Developer has received approval of Site Development Plans, hereinafter called the "Plans",by the City of Lino Lakes on the 12th day of July, 2021, and in accordance with the Plans all of which are made a part hereof by reference. In consideration of such approval, the Developer, its successors and assigns, does covenant and agree to perform the work as set forth in the Plans, in the aforesaid approval, and as hereinafter set forth upon the real estate (hereinafter referred to as "Property") described as follows: THE W1/2 OF SE1/4 OF NE1/4 OF SEC 24 TWP 31 RGE 22, EX RD, SUBJ TO EASE OF REC; and NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: I. DESIGNATION OF IMPROVEMENTS. A. Improvements on the project site to be installed at the Developer's expense by the Developer as hereinafter provided are hereinafter referred to as "On-site Work". B. Improvements off the project site to be installed at the Developer's expense, if any, by the Developer as hereinafter provided are hereinafter referred to as "Off-Site Work". C. Developer shall enter into a Declaration for Maintenance of Stormwater Facilities. II. ON-SITE WORK. A. On-Site Work. The On-Site Work shall consist of the improvements described in the approved Plans, to include any approved subsequent amendments, and shall be in compliance with all applicable statutes, codes and ordinances of the City. The On-Site Work includes all on-site exterior amenities as shown on the approved Plans and as required by the plan approval, such as, but not limited to: landscaping, private driveways, parking areas, sanitary sewer extension, water system extension, storm drainage systems, curbing, lighting, fencing, fire lanes, sidewalks, exterior Glamos Wire,Inc. Site Performance Agreement page 1 of 10 building architectural design and building elements, site grading and erosion control measures. Such improvements shall be completed in accordance with Section IV herein. B. Cost Estimates. The Developer shall provide the City with a written estimate of all applicable costs of the On-Site Work, itemized by type; the estimates shall be based upon the actual estimates provided by the contractors who are to do the Work. Said cost estimates shall be reviewed by the City, and the City shall establish the actual amount of the financial guarantee. The description and estimated cost of Developer's On-Site Work are as follows: Description of Improvements Estimated Costs 1. Lighting $ 0.00 2. Fences/ Screen Structures $60,000.00 3. Trash Disposal Structures $ 0.00 4. Curbing/Islands/Delineators $ 0.00 5 Storm Drainage Systems/ Sewers/Catch Basins/ $ 0.00 Culverts/ Swales 6. Public Trails and/or Sidewalk $ 0.00 7. Private Trials and/or Sidewalk $ 0.00 8. Driveway/Curb cut/Parking Lot/ Fire Lane $ 0.00 9. Water mains/Hydrants/ Sanitary Sewers $ 0.00 10. Landscaping $ 1,000.00 11. Site Grading $ 0.00 12. Erosion Control $ 0.00 Total Estimated Cost of Developer Improvements $ 61,000.00 Security Requirement(Total * 35%) $ 21,350.00 III. DEVELOPER FEES. NA-There are no Developer Fees with this project. A. Trunk Sanitary Sewer Connection Fees The City established trunk utility connection fees to uniformly distribute the costs of public trunk sanitary sewer infrastructure. The Trunk Utility Connection Fee consists of two components; a Trunk Charge and an Availability Charge. Trunk Charge Glamos Wire,Inc. Site Performance Agreement page 2 of 10 The trunk charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. The Sanitary Sewer Trunk Charge is $1,505.00 per unit. Commercial/Industrial/Institutional(CII)trunk charges are based on a factor of 2.92 units per acre. Availability Charge For residential properties, the availability charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. Commercial/Industrial/Institutional availability charges shall be paid at the time of building permit. Fees are based on the number of sanitary access charge (SAC)units assigned by Metropolitan Council Environmental Services (MCES). City Sewer(CSAC) $1,408.00 Per SAC Unit Trunk sewer unit charges addressed under this paragraph are in addition to any SAC charges imposed by Metropolitan Council Environmental Services. B. Trunk Water Connection Fees The City established trunk utility connection fees to uniformly distribute the costs of public trunk water infrastructure. The Trunk Utility Connection Fee consists of two components; a Trunk Charge and an Availability Charge. Trunk Charge The trunk charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. The Water Trunk Charge is $2,162.00 per unit. Commercial/IndustriaUlnstltutlonal(CII)trunk charges are based on a factor of 2.92 units per acre. Availability Charge For residential properties, the availability charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. Commercial/Industrial/Institutional availability charges shall be paid at the time of building permit. Fees are based on the number of sanitary access charge (SAC)units assigned by Metropolitan Council Environmental Services (MCES). City Water(CWAC) $1,360.00 Per SAC Unit. C. Surface Water Management Area Charges Glamos Wire,Inc. Site Performance Agreement page 3 of 10 The City established a trunk area charge to uniformly distribute the costs of public trunk surface water infrastructure and water quality improvements. The Surface Water Management Charge shall be based on developable acreage, in the amount specified in Exhibit C. Acre ee 1. Sanitary Sewer Trunk Unit Fee ($1,505/unit; 2.92 units/Acre) $ NA 2. City Sewer Availability Fee ($1,408/SAC Unit) $ NA 3. Water Trunk Unit Fee ($2,162/unit; 2.92 units/Acre) $ NA 4. City Water Availability Fee ($1,360/SAC Unit) $ NA 5. City Surface Water Management Fee $ NA Total Estimated (Budget)Developer Fees $ 0.00 IV. RECORD DRAWINGS. NA Record Drawings are not required for this project. a. Upon project completion, Developer shall submit record drawings, in electronic format, of all public and private infrastructure improvements, including grading, sanitary sewer,water main, storm sewer facilities, and roads, constructed by Developer. The as-built survey must include, but is not limited to,proposed and final contours with adequate elevation shots to show conformance, property irons (to be exposed in field), low floor and low opening elevations, and the 100-Year High Water Level (HWL) of all ponds, lakes, and wetland areas. The files shall be drawn in Anoka County NAD 83 Coordinate system and provided in both AutoCAD Awg and Adobe .pdf file formats. The plans shall include accurate locations, dimensions, elevations, grades, slopes and all other pertinent information concerning the complete work. The Developer shall also submit certified compaction testing results for the site grading operations. b. A summary of the record plan attribute data for the storm sewer, water main, and sanitary sewer structures and pipes shall be submitted in the form of an Excel Spreadsheet as provided by the City Engineer. c. No securities will be fully released until all record drawings have been submitted and accepted by the City Engineer. V. COMPLETION DATE. If the activities authorized by site and building plan approval are not initiated within twelve(12)months from the final execution of this agreement,then Developer will need to start the site and building plan approval process from the beginning. Glamos Wire,Inc. Site Performance Agreement page 4 of 10 VI. GUARANTEE. A. The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on thirty- five (35%)percent of the total estimated cost of Developer's On-site Work. An Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Lino Lakes and shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Contract, construction of all required improvements in accordance with the ordinances and specifications of the City and guarantees the workmanship and materials for the landscape improvements for a period of one year following the City's acceptance of the landscape improvements. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this contract, if Developer has been found to be in default of this agreement and only after providing Developer with written notice and opportunity to cure any default. The Irrevocable Letter of Credit shall be automatically extended for additional periods of one year from present or future expiration dates unless sixty(60) days prior to such the City Clerk or Administrator is notified in writing by certified mail or overnight mail that the Letter of Credit will not be renewed. B. Upon written request, The City will grant a 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. The Developer may make such requests three times throughout the life of this agreement, with the third and/or final request being at the completion of the project. The City will respond to such request within 30 days time. Prior to the final acceptance of the Developer's Improvements the City shall require a Letter of Credit or Cash Escrow to cover the warranty provisions of the agreement. The amount shall be agreed to by the City Engineer and Developer and Developer may use the Letter of Credit discussed in Section VI.A above. VII. REIMBURSEMENT OF COSTS. A. The Developer agrees to establish a non-interest bearing escrow account with the City in an amount established by the City Engineer or his designee for the payment of all City fees and costs incurred by the City related to the On-site Work, including, but not limited to, the following: 1. 1 Site Plan Review Fee $500.00 Glamos Wire,Inc. Site Performance Agreement page 5 of 10 2 Administration $1,000.00 (Legal, Engineering, Planning and Contract Administration) 3. Negative Short Term Escrow Balance $0.00 Total Estimated(Budget) Costs for Escrow Account $1,500.00 B. If it appears that the actual costs incurred will exceed the estimate or that the actual costs incurred will be less than the estimate, then Developer and City shall review the costs required to complete the project. In such case, if the actual costs exceed the estimate, then Developer shall promptly pay the additional sums to the City to pay for the agreed upon increase. However, in such case where the actual costs are less than the estimate, the City shall promptly reimburse to Developer any amounts overpaid by the Developer. The Developer may request a statement of the account each month for review. C. Intentionally Deleted. VIII. REMEDIES FOR BREACH. A. The City shall give prior written notice to the Developer of any default hereunder before proceeding to enforce such financial guarantee or before the City undertakes any work for which the City will be reimbursed through the financial guarantee. If within twenty(20) days after receipt of such written notice to it, the Developer has not notified the City by stating in writing the manner in which the default will be cured and the time within which such default will be cured, the City will proceed with the remedy it deems reasonably appropriate. B. At any time after the completion date and any extensions thereof, if any of the work is deemed incomplete, the City may proceed in any one or more of the following ways to enforce the undertakings herein set forth, and to collect any and all expenses reasonably incurred by the City in connection therewith, including,but not limited to, engineering, legal, planning and litigation costs and expense. The enumeration of the remedies hereunder shall be in addition to any other remedies available to the City. 1. Specific Performance. The City may in writing direct the surety or the Developer to cause the Work to be undertaken and completed within a specified reasonable time. If the Developer fails to cause the Work to be done and completed in a manner and time reasonably acceptable to the City, the City may proceed to bring an action for specific performance to require work to be undertaken. 2. Completion by the City. The City, after written notice, may enter the premises and proceed to have the Work done either by contract, by day labor or by regular City forces. The Developer may not Glamos Wire,Inc. Site Performance Agreement page 6 of 10 question the manner of doing such work or the letting of any such contracts for the doing of any such work; provided that all such work is performed in a reasonable manner, the costs are reasonable and the work is completed in a good and workman-like manner and in accordance with the approved plans and specifications. Upon completion of such work, the Developer shall promptly pay the City the full cost thereof as aforesaid. 3. Deposit of Financial Guarantee. In the event the financial guarantee has been submitted in the form of a Letter of Credit, the City may draw on the Letter of Credit the sum equal to the reasonably estimated cost of completing the Work, plus the City's reasonably estimated expenses as defined herein, including any other reasonable costs, expenses, and damages for which the surety may be liable hereunder, but not exceeding the amount set forth on the Letter of Credit. The money shall be deemed to be held by the City for the purpose of reimbursing the City for any reasonable costs incurred in completing the Work as hereinafter specified. Any funds remaining after completion of the project shall be promptly returned to the Developer. IX. OCCUPATION OF PREMISES. The Developer agrees that it will not cause to be occupied any portion of the building or improvements to be constructed upon the premises until completion of the building and site improvements as more fully described in the approved plans and following issuance of a Certificate of Occupancy. X. 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 Glamos Wire,Inc. Site Performance Agreement page 7 of 10 cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. XI. REIMBURSEMENT FOR LITIGATION EXPENSES. The City and Developer agree that the prevailing party in any litigation pertaining to the enforcement of this Agreement shall be entitled to reimbursement from the non-prevailing party for all reasonable costs incurred by said prevailing party including court costs and reasonable engineering and attorneys' fees. XII. 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 Site Improvement Performance Agreement. XIIL 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 Property and shall be deemed covenants running with the land. B. 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(i)mailed by United States mail by certified mail (return receipt requested) or(ii) sent by nationally recognized overnight carrier to the addresses hereinbefore set forth on Page 1. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail or the overnight carrier in accordance with the above. The addresses of the parties hereto are as set forth on Page 1 until changed by notices given as above. C. Incorporation by Reference. All plans, special provisions, proposals, specifications and contracts for the improvements furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as fully as if set out herein in full. D. Hours of Construction Activity. Construction activity shall be limited to the hours set out as follows: Monday through Friday 7:00 a.m.to 7:00 p.m. Saturday 9:00 a.m.to 5:00 p.m. Glamos Wire,Inc. Site Performance Agreement page 8 of 10 Sunday and Holidays I No working hours allowed XIV. VIOLATIONS/BUILDING PERMITS. In the event that Developer violates any of the covenants and agreements contained in this Site Improvement Performance Agreement and to be performed by the Developer, the City, at its option, and after providing written notice and opportunity to cure to Developer in addition to the rights and remedies as set out hereunder may refuse to issue building permits to any property within the development and/or stop building construction within the development until such time as such default has been corrected to the satisfaction of the City. DEVELOPER CITY OF LINO LAKES By By Steve Tomas/Glamos Wire, Inc. Mayor ATTEST: By City Clerk STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) This instrument was acknowledged before me on day of , 2021,by Rob Rafferty 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 , 2021 by Julianne Bartell as City Clerk of the City of Lino Lakes on behalf of said City. Glamos Wire,Inc. Site Performance Agreement page 9 of 10 Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this day of , 2021, before me, a Notary Public within and for said County, personally appeared, , who executed the foregoing instrument. Notary Public This instrument was drafted by: City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 Glamos Wire,Inc. Site Performance Agreement page 10 of 10 Glamos Wire, Inc.- CUP for Open and Outdoor Storage City Council July 12, 2021 L�O@KES Land Use Application Conditional Use Permit Open and Outdoor Storage 2300 Main Street Glamos Wire, Inc. W w Y = - -- SAH 14 {nrt j,, s;. J ' I i. � .- � 1► x l i P ' O - Site Location & Aerial Map LINO LAKi 2300 Main St-Glamos Wire, Inc. • Parcel = 18 acres North Half = building & parking lot South Half = trees, wetlands, agr Background July 2020: Illegal outdoor storage of semi- trailers, signage and construction without permit August-November 2020: Staff reached out to property owner to discuss compliance May 2021 : Complete Land Use Application submitted Zoning Zoned LI. Light Industrial . Open and Outdoor storage is allowed with CUP Includes the outdoor storage of semi-trailers as regulated by Zoning Ordinance Section 1007.043( 16) Exterior Storage (b). 3. Within an industrial zoning district, the exterior storage of semi- trailers accessory to the principal use may be allowed by conditional use permit according to §1007.120 and §1007.121. Zoning Staff has observed as many as 20+ semi-trailers parked on the south side of the building. We were first told the semi-trailers were owned by Glamos Wire, Inc. but then learned they were owned by another company and Glamos Wire, Inc. was leasing outdoor storage space to them. If approved, the outdoor storage of any semi-trailers, vehicles, equipment, materials etc. shall be accessory to the principal use. No off-site user storage shall be allowed. Surrounding Land Use • 1-35E, Main Street and Otter Lake Road t corridor • Focus of high value, ' high quality commercial and industrial development for both the City and k property owners. • City should be cognizant of outdoor storage and its limited increase in land value. Site Plan Outdoor Storage I I proposed south of Rk building in existing I I -� parking lot I I I I I I Lca i Loading Dotk Area 23M\der Z4—t I 1! 737,3'-4 xf I Align fence.~/ Afgn fen.-I 7 � I Will building comer building miner I Landscape Screening: I I Refer to Villa sawing .rs i I For details I - I l l Parking I.ut lb'Bete m Sough Yard (52 StA,) match fence (Rcmovc167 perking yWls) n I e ee$ U I II II III III III III II III III III�III II IIII # I I J I I I I I I I I TTTl1TfTiiTH i TifTITTn i �nl i......i -----------����� 2 2 II II III II III III III II III III III II III III II II �I II 1 y e'tall white virryl //�� I E} �I E privacy fenre Typical Fence I I I •y+�'nY gpl ElevauanView II � I I III I :,I I I ICI I I I i I I II I II I I I I 'I I I I I t I I I I I � I I siteflm I I I I r.,p.�w urzarr rar _ Existing Site Plan Loading Dock Area I I■ I I Align Fence wl Align Fence wI bu jding comer building turner I ([a dscape Screening: I I er to Villa drawing I I defaiIs 1 in I ■ J h I I Existing Parking I 16'gate to South Yard (52 St.] match fence (Rcmovc 167 parking stalls} I I �i � � � R � ,� -I • yy I r z S ----_______ of 8'tall white vinyl) ^ privacy Fenn Typical Fence SP1 Hlevauon View I I I II I III I ICI II I �I 3-4 r,eI TA,IL srauowa ewmM n y b KRRL 7Df�,l pivary lrnm REJED 1 c i /1QbSS emn L utf , pa ter, 7nr�L1 Lyj _ g INGt-IITi Tb S r Elevation ry���UTQ� 1 Fence-Typical panel view ill "=1'-0 I S � '�Il lam— '� • Fandscaping 8ft tall opaque white vinyl fence around west, south and east of parking lot J � d � ' a 4 N g Y GAnRR O-M 3. n MBOUNDARY 439.6 ko '9L Y 6.0 o 22-1'4 2 N 332,279 5.F. (19.11 ACRES) - IIII P R G LIj I LI I I I I I ry n I` d F m f � ~ i V f14 I Vf 15 15 N w 7.4 N �l E 1 __ -- �a LL? ! .00 — _!_ Q NE9°53'S5_'E 500AV T_ i¢a w 1 STORM ATER MANAGEMENT ^----- EASEMENT PER DOCVM ENT f I N11, 9"Z"""1 EXISTING BIORETEHTION BASINS ARE SVEVECr TO - W DECLARATION FOR MAINTENANCE OF STORM WATER x I FACILITIES PER DOC.NO.2995212.002 w a 7i a N w W W I�r W R Per ALTA Survey • 2 stormwater basins • 22ft wide drainage easement Parking lot drainage sheet flows south into basins 0 Fence and/or outdoor storage cannot impede or impair drainage Outdoor Storage Items Utility trailers and company vehicles Wire stems Steel scrap bin Bales of cardboard Overflow pallets Snow plow and sanding equipment 8 yard Trash bin Outdoor Storage Requirements 2. The storage area is landscaped and screened from view of adjacent uses and public rights-of-way via a fence and greenbelt planting strip, in accordance with §1007.043 (17)(f) of this Ordinance. Section 1007.043(17)(f): Minimum 8 foot tall wall or fence of permanent materials and planting shall provide shrub cover for 50% of the wall or fence on the exterior side. At its discretion, the City Council may approve a modification or waiver from these standards where the affected property line adjoins another industrial property. Alternative Screen Propo sed alternative of arborvitae mattxing to 15 f t tall x 4 ft wide along south ]itie f or a more aesthetically 1ea igoeehrert earlirtQ tat and was. 1 ' - {,MUGS Wire ' =w hJ,n xhw. 1 1 1r.M4 0 ; 1 1 � 1 y 1 � 1 1 1 1 ■ .ti ti f' n 1 R hl J 1■ �1 I _ 1ong i ftli 11 t�d ai ea IDr°P.�=Mg s11111laT to this The property owner has requested as an alternative, a row of arborvitae 15 ft tall x4 ft wide along south of the parking lot. Outdoor Storage Requirements Staff and P&Z does not recommend this alternative. Otter Lake Road is a high traffic road and the site, building and outdoor storage area are highly visible from the road and trail. Existing stormwater basins and 22 ft wide easement also shall not be encumbered or disturbed by plantings, trees or shrubs. There is no room between the parking lot and the basins or easement to plant arborvitae or other landscaping. Trees and landscaping more likely to die out. p w. oo 15 Summer leaf on conditions ' . off conditions Attachment#8-Street View Facing East WA I fir i r w T & A4 �•►. These trees and landscaping are acceptable along west lot line Outdoor Storage Requirements 8 ft tall fence also provides greater security than coniferous trees and shrubs. Securing the outdoor storage is a main concern of the property owner as stated in their land use application. They have had several issues of trespassing and vandalism due to the unsecured, outdoor storage. Reasonable modification could be to waive the 50% shrub cover along south, west and east lot lines due existing trees and landscaping. These existing trees and landscaping shall not be removed or they shall be replaced. Outdoor Storage Requirements Applicant has also expressed concerns about the cost of the fence. Their land use application states a cost of $60'. 000. To decrease costs, the applicant could make the outdoor storage area smaller. Findings of Fact- Res. No. 21 - 69 1. Consistent with Comprehensive Plan 2 . Compatible with present and future land uses 3 . Conforms to performance standards 4. Traffic generation 5 . Served with adequate water and sanitary sewer 6. No premature expenditures of City funds 7. No excessive traffic, noise, smoke, fumes, glare or odor 8. No loss of natural, scenic or historic features P&Z Board Recommendation The Planning & Zoning Board held a public hearing on June 9, 2021. There were no public comments. The Board recommended approval with a 4-0 vote and 1 abstention with conditions detailed in Resolution No. 21-69. These conditions also include waiving the 50% shrub requirement along the fence. Site Performance Agreement A Site Performance Agreement is required per City Code Section 1007.020(5)(d). Council Action Consider Resolution No. 21-69 Approving Conditional Use Permit for Open and Outdoor Storage Consider Resolution No. 21-70 Approving Site Improvement Performance Agreement