HomeMy WebLinkAbout07-12-2021 Council PacketEXPANDED AGENDA
CITY COUNCIL AGENDA
Monday, July 12, 2021
***********
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 184th 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
Monday, July 26 6:30 pm, Council Chambers City Council Meeting
Updated 7/9/2021
CITY COUNCIL AGENDA
Monday, July 12, 2021
***********
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
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
Expenditures
July 12, 2021
Check #114594 to #114681
$864,797.47
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
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
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 25lb 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
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
101-461 Total 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 lbs 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 32 863
Page 3
AP Checks by Account Number
7/12/2021 City Council Meeting
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 21 632
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
CenturyLink 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
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
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
1
CITY OF LINO LAKES 1
MINUTES 2
3
DATE : June 28, 2021 4
TIME STARTED : 6:00 p.m. 5
TIME ENDED : 6:28 p.m. 6
MEMBERS PRESENT : Council Member Stoesz, Lyden, Ruhland, 7
Cavegn and Mayor Rafferty 8
MEMBERS ABSENT : None 9
Staff members present: City Administrator Sarah Cotton; Finance Director Hannah 10
Lynch; Community Development Director Michael Grochala; City Engineer Diane 11
Hankee; Director of Public Safety John Swenson; City Clerk Julie Bartell 12
13
1. Review Regular Agenda of June 28, 2021 14
15
Item 3A – Recreation and Aquatics Center Feasibility Study – Community 16
Development Director Grochala noted that the consultants will be present for the council 17
meeting. Public comments will be accepted. 18
19
Item 3C – Amendment to Lease Agreement with New Creations - Administrator 20
Cotton reviewed the proposed amendment. The City has vacated one room in the day 21
care wing by storing some items elsewhere. New Creations had expressed interest in 22
leasing that room. 23
24
Item 3D – COVID Vaccine Site – Administrator Cotton explained that the State is 25
requesting extension of the lease on the former YMCA facility at least through the end of 26
July and perhaps through the end of August. A lease amendment is proposed by staff. 27
28
Item 3E – Appointment of Police Officer – Public Safety Director Swenson explained 29
his recommendation to hire Yecheng “Eric” Heu. 30
31
Item 4A – Accept Donated Gift Cards – Public Safety Director Swenson noted the total 32
amount of gift cards received and how they are being used by the department. In 33
addition to utilizing the cards for department meeting food and refreshments, they also 34
plan to use them in the community when that makes sense (to families in need, for 35
children playing soccer). 36
37
Item 6A – 2021 Street Improvement Project Change Order – City Engineer Hankee 38
explained that the Post Road/Forsham Lake portion includes some water service issues, 39
staff having found facilities in worse condition than expected. New facilities installation 40
is proposed and those will be made of stainless steel. A quote has been received for 41
replacing the remainder of the facilities in the neighborhood and that is the change order 42
requested ($248,000 funded through the water fund). 43
44
CITY COUNCIL WORK SESSION
DRAFT
2
Not on Printed Agenda: 45
46
Blue Heron Days Planning Update – Councilmember Stoesz updated the council on 47
planning. Councilmember Lyden said funding should be committed if the event is go 48
forward. 49
50
The meeting was adjourned at 6:28 p.m. 51
52
These minutes were considered, corrected and approved at the regular Council meeting held on 53
July 12, 2021 54
55
56
57
58
59
Julianne Bartell, City Clerk Rob Rafferty, Mayor 60
61
COUNCIL MINUTES
DRAFT
1
1
LINO LAKES CITY COUNCIL 2
REGULAR MEETING 3
MINUTES 4
5
DATE 6
TIME STARTED 7
TIME ENDED 8
MEMBERS PRESENT 9
10
MEMBERS ABSENT
: June 28, 2021
: 6:30 p.m.
: 8:05 p.m.
: Councilmember Stoesz, Lyden,
Ruhland, Cavegn and Mayor
Rafferty : 11
12
Staff members present: City Administrator Sarah Cotton; Community Development Director 13
Michael Grochala; Finance Director Hannah Lynch; Public Safety Director John Swenson; City 14
Engineer Diane Hankee; Public Services Director Rick DeGardner; City Clerk Julie Bartell 15
16
PUBLIC COMMENT 17
There were no public comments. 18
SETTING THE AGENDA 19
The agenda was approved as presented. 20
PROCLAMATION 21
Proclamation of Appreciation for the Lino Lakes Public Safety Department 22
CONSENT AGENDA 23
Councilmember Ruhland moved to approve the Consent Agenda, Items 1A through 1G as 24
presented. Councilmember Lyden seconded the motion. Motion carried on a voice vote. 25
26
ITEM ACTION 27
Consideration of Expenditures: 28
A)June 28, 2021 (Check No. 114517 through 114593) in the 29
Amount of $488,881.61 Approved 30
B)Consider Approval of June 7, 2021 Council 31
Work Session Minutes Approved 32
C)Consider Approval of June 14, 2021 Council 33
Minutes Approved 34
D)Consider Approval of June 7, 2021 Special Council 35
Minutes Approved 36
E)Consider Approval of June 14, 2021 Council Work 37
Session Minutes Approved 38
F)Consider Resolution No. 21-61 Approving Site Improvement 39
Performance Agreement for Otter Crossing Approved 40
COUNCIL MINUTES
DRAFT
2
G) Consider Resolution No. 21-66, Approving Common Interest 41
Agreement, DNR Water Appropriation Permit Amendment 42
Appeal Approved 43
FINANCE DEPARTMENT REPORT 44
There was no report from the Finance Department. 45
ADMINISTRATION DEPARTMENT REPORT 46
3A) Consider Resolution No 21-62, Accepting Recreation and Aquatics Center Feasibility 47
Study, ISG – Community Development Director Grochala reviewed his written report. It’s been 48
about a year since the City was notified that the YMCA would not be reopening the facility in Lino 49
Lakes. The City commissioned a feasiblity study and the consultants who have prepared that report 50
are present. 51
52
Mr. Stu Isaac, Isaac Sport Group, reviewed the written report, summarized in a presentation including 53
information on : 54
- The Study Process and Methodology; 55
- Goals and Opportunities for the Rec Center; 56
- Vision - rethinking as a Lino Lakes Recreation and Community Center to include those things 57
that were missing from the YMCA offerings; 58
- Programming (precedes design) – Immediate and long term growth and expansion; 59
- Potential Program Outsourcing (swim lessons; fitness provider); 60
- Membership Model – recommending 60% of equivalent YMCA membership rates; overall and 61
drop in memberships; membership categories; discount for annual membership; 62
- Operating and Financial Goals; 63
- Management Models (City managed; Outsourced; Hybrid management model); pros and cons 64
of each reviewed; 65
- Re-Opening Costs – estimate provided; 66
- Financial Operating Analysis (City managed and hybrid option); (Year 3 budget estimate); 67
- Long Term Accrued Deficit; 68
- Capital Outlay; 69
- Long Term Goals and Opportunities (sports center, outdoor activity center, community 70
function space); 71
- Timeline – workback provided in report for hybrid and city managed model; timeline factors; 72
- Next steps. 73
Delores Langston, 6625 White Birch Court – She and her hustand are charter members of the YMCA 74
and they mourn it’s passing. Seniors used the facility to get together. They hope that when this does 75
reopen, that opportunity will continue. She’d be less excited if it were to be outscourced. 76
COUNCIL MINUTES
DRAFT
3
Steve Heiskary, 572 Arrowhead Court. He is much in favor of pursing this opportunity. He and his 77
wife have lived in Lino Lakes since 1987. They had to bring their children to Shoreview for 78
swimming and recreational opportunities. It seems like the strongest case is made for the hybrid 79
model but that’s the council’s decision. He supports this going forward. 80
Jill Anderson, 400 Coyote Trail, said she is a longtime member of the YMCA. She utilized the 81
former YMCA facility and enjoyed using the facilities including care for her children. The local girl 82
scouts have also used the facilities and would like to move to that again. She believes there is 83
opportunity to bring in leases. 84
Gretchen Hubble, 6450 Ware Road – said the facility is a great asset to the community She would be 85
reluctant to give up complete control. There is a captive audience with the end of COVID. She 86
encourages going forward with a locally controlled facility. 87
Paul Clasen, 7457 172nd Av NE, Columbus, said he is a charter member of the YMCA. He knows the 88
importance of a good swimming program because he experienced that with his own children. His city 89
doesn’t have this kind of facility and he enjoyed being a part of it and he developed relationships 90
through the facility. 91
Mayor Rafferty remarked that that staff has worked hard with the consultants to paint the bigger 92
picture. He added that part of the discussion has been involving other communities. 93
Duane Proell, Isacc Sport Group consultant offered remarks. Regarding senior services, he assures 94
that senior elements are at the top of the list. He is keenly aware. He noted that they would also 95
provide the formal report in paper form for anyone that would like to read it. 96
Mr. Issac added that child watch (affordable) is included in the plans. He liked the comments on 97
senior services. He also heard comments on losing control through complete outsourcing. 98
Mayor Rafferty noted that the council has discussed the value of keeping all ages together and 99
involved in planning for this facility. 100
Councilmember Ruhland said he’s curious about the lease and profit sharing portion. Mr. Isaac said 101
models can vary but, for fitness, there should be some incentive and that can mean sharing revenue. 102
The consultants looked at profits so there is no expense inclusion. Mr. Isaac also talked about the 103
possibility of integration with the school district’s community education offerings. 104
Councilmember Cavegn asked about the possibility of including “area” community residents for 105
resident discount. Mr. Isaac explained that they looked at numbers for resident and non-resident rates 106
and if you want to incorporate, there is a sense of impact, allowing city staff to come up with a rate 107
that makes sense. 108
Councilmember Lyden said he’s hopeful that this will move forward in some fashion. He wonders 109
how the consultants would remain involved if things move forward. Also, regarding the discussion 110
on expanding court facilities, he’d like the perspective of the consultant. Mr. Isaac explained that he 111
has worked throughout the country and in some cases with for-profit who developed court facililites. 112
In this case, they’ve already heard from interested developers. Also looking at the needs through the 113
school district and how they are meeting them, they see potential there also. He feels a commitment 114
to this project and is interested in helping the City move forward. 115
Mayor Rafferty said he’s pleased with the effort of the consultant through this project. 116
Councilmember Ruhland moved to approve Resolution No. 21-62 as presented. Councilmember 117
Stoesz seconded the motion. Motion carried on a voice vote. 118
COUNCIL MINUTES
DRAFT
4
3B) Consider 2nd Reading of Ordinance No. 06-21, Adjusting the Salaries of the Mayor and 119
Councilmembers – Administrator Cotton noted that staff is recommending that the council approve 120
the second reading and passage of this ordinance providing for future adjustments to the salary for 121
council and mayor. The salary increase is based on what has been approved for staff. 122
Councilmember Cavegn moved to waive the full reading of Ordinance No. 06-21 as presented. 123
Councilmember Lyden seconded the motion. Motion carried on a voice vote. 124
Councilmember Lyden moved to approve the second reading and adoption of Ordinance No. 06-21 as 125
presented. Councilmember Cavegn seconded the motion. Motion carried: Yeas, 5; Nays none. 126
3C) Consider Approval of Amendment #4 to Lease Agreement with NCCC, LLC (New 127
Creations Child Care) – Administrator Cotton explained that the day care group operating at the City 128
hall complex inquired about leasing additionnal sapce from the City. Staff has negotiated an 129
amendment to their current lease to provide for that additonal space. The additional revenue was 130
noted. 131
Councilmember Lyden moved to approve the amendment as presented. Councilmember Stoesz 132
seconded the motion. Motion carried on a voice vote 133
3D) Consider Resolution No. 21-64, Authorizing Execution of Amendment No. 1 to the 134
License Agreement with the State of Minnesota for the Lino Lakes COVID-19 Vaccine Site – 135
Administrator Cotton explained that the State of Minnesota wishes to extend their lease of the former 136
YMCA facilties through at least July 31 but possiblity through August 31st. 137
Councilmember Ruhland moved to approve Resolution No. 21-64 as presented. Councilmember 138
Cavegn seconded the motion. Motion carried on a voice vote 139
3E) Consider Appointment of Police Officer – Public Safety Director Swenson reviewed staff’s 140
recommendation to hire Yecheng “Eric” Heu as the next police officer for the Public Safety 141
Department. Mr. Swenson explained Mr. Heu’s qualifications. 142
Councilmember Cavegn moved to approve the appointment of Yecheng “Eric” Heu as recommended. 143
Councilmember Ruhland seconded the motion. Motion carried on a voice vote 144
PUBLIC SAFETY DEPARTMENT REPORT 145
4A) Consider Acceptance of Donated Gift Cards – Public Safety Director Swenson first 146
thanked the Mayor and Council for the proclamation presented to the department earlier. He 147
continued that this item and the council’s recognition is indicative of the high level of support that 148
the department receives from the community. That is not the case in every city. 149
Director Swenson explained that the generosity of the community has resulted in additional gift 150
cards received in the amount of $585. The total amount is just under $2,800. The cards have been 151
used to provide food for training sessions for the department. They are also considering utilizing 152
the cards to provide support to community members as they see needs as part of the department’s 153
Pay It Forward efforts. 154
Councilmember Lyden said he appreciates being a part of a community that shows this type of 155
caring and consideration. He applauds the donators of the cards. 156
Councilmember Ruhland said he agrees and also is glad that he lives in a community where the 157
police are doing a program such as Pay It Forward. 158
COUNCIL MINUTES
DRAFT
5
Councilmember Cavegn moved to authorize the acceptance of gift cards as presented. 159
Councilmember Ruhland seconded the motion. Motion carried on a voice vote 160
PUBLIC SERVICES DEPARTMENT REPORT 161
There was no report from the Public Services Department. 162
COMMUNITY DEVELOPMENT REPORT 163
6A) Consider Resolution No. 21-65, Approve Change Order No. 1, 2021 Street Improvement 164
Project – City Engineer Hankee reviewed her written staff report requesting that the council approve 165
a change order. The change relates to findings of deteriorated water services in some areas of the 166
project. The additional cost ($248,000) would be covered through the City’s Water Fund. When 167
the council discussed the failure of the equipment, Ms. Hankee noted that staff has changed 168
specifications to improve the life of these fixtures. 169
Councilmember Lyden moved to approve Resolution No. 21-65 as presented. Councilmember 170
Stoesz seconded the motion. Motion carried on a voice vote. 171
UNFINISHED BUSINESS 172
There was no Unfinished Business. 173
174
NEW BUSINESS 175
There was no New Business. 176
177
COMMUNITY EVENTS 178
There were no events announced. 179
COMMUNITY CALENDAR 180
181
Community Calendar – A Look Ahead 182
June 28, 2021 through July 12, 2021 183
Wednesday, June 30 6:30 pm, Council Chambers Environmental Board 184
Thursday, July 1 8:00 am, Community Room EDAC 185
Tuesday, July 6 6:00 pm, Community Room Council Work Session 186
Wednesday, July 7 6:30 pm, Council Chambers Park Board 187
Monday, July 12 6:00 pm, Community Room Council Work Session 188
Monday, July 12 6:30 pm, Council Chambers City Council Meeting 189
190
ADJOURN 191
192
Following adjournment of the regular meeting, the City Council will reconvene for a closed meeting for 193
the purpose of completing the City Administrator’s performance evaluation. 194
195
There being no further business, Councilmember Ruhland moved to adjourn to the closed session at 196
8:05 p.m. Councilmember Cavegn seconded the motion. Motion carried on a voice vote. 197
198
These minutes were considered and approved at the regular Council Meeting on July 12, 2021. 199
COUNCIL MINUTES
DRAFT
6
200
201
202
203
Julianne Bartell, City Clerk Rob Rafferty, Mayor 204
205
CLOSED COUNCIL SESSION
DRAFT
1
2
3
4
5
6 DATE
7 TIME STARTED
8 TIME ENDED
9 MEMBERS PRESENT
10
11 MEMBERS ABSENT
12
CITY OF LINO LAKES
MINUTES
CLOSED COUNCIL SESSION
: June 28, 2021
: 8:18 p.m.
: 10:17 p.m.
: Councilmembers Cavegn, Lyden, Stoesz,
Ruhland Mayor Rafferty
: None
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
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 2A10BC 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
8.22.2021 Rock n Run Map – Community Green. Race: 9:00 am start. Bands, Food & Beer: 10:00 – 4:00 pm
Key
1 Band Stage
2 Beer Garden (fenced)
3 Food Trucks
4 Some tables & chairs – for fans
5 Portapotties
6 Officer Silvera Memorial (race start)
7 Race Registration & event HQ
1
2
3
4
5
6
3
8 Cornhole Tournament
9 Business Expo booths
10 Trash bins will be placed at corners and middle
12 Dunk Tank
13 Dog bar (sprinkler)
14 Bouncy house & Home Depot kids building tent
7 9
9 9
9
9
3
13 12
9
9
8 9
14
9
9
9
9
9
10
10
10
10
8.22.2021 Rock n Run. Including parking.
Road Closed
Road Closed
Circle Closed from
10:00 – 10:10
Road Closed
Parking
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
Officer Silvera/Rotary 5K Route. August 22, 2021 10:00 am start.
As in past years, the race will start with a
dedication to Officer Silvera at his
Memorial in Community Green.
Race starts on west Village Drive (by
Memorial), goes through the traffic circle,
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.
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
Spectators Free
Thursday, August 19, 2021
4 – 8 PM
Centennial Middle School
399 Elm Street – Lino Lakes
This event is hosted by:
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
ABSOLUTELY NO
ALCOHOL PERMITED
ON THE SCHOOL
PROPERTY!
ANYONE HAVING OR
CONSUMING WILL BE
ASKED TO LEAVE BY
SECURITY STAFF!
$10 Entry Fee
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.linolakes@gmail.com
Our Thanks to Our Sponsors
All Proceeds will go to serve Military & Veterans Efforts in Our Community
Through Centennial Community Education
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
1
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
2
current property owner, Christopher Stowe, was granted a conditional use permit to operate a
commercial stable.
Previous Council Actions
• 1968: Special Use Permit (SUP) for Riding Stable/Show Arena
• 1997: Conditional Use Permit (CUP) for BMX Track/Arena
• 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
• 2020: Resolution No. 20-130 for Conditional Use Permit Termination Agreement
o This Agreement terminates the 1968 SUP and 1997 CUP.
• 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
PID # Existing Land Use Acres
05-31-22-22-0006 Rural Residential
(Single Family House) 4.30
05-31-22-22-0003 Commercial
(Arena, Accessory Structure & Restrooms) 5.66
05-31-22-22-0005 Vacant Rural Residential
(Horse Corrals and Pasture Area) 15.09
TOTAL 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
3
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 4th 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
4
Turkey
5 pounds or over .018
Less than 5 pounds .005
Duck .01
# Animal Units Allowed on Subject Site
Parcel Acres Rounded Whole
Acres
# Animal Units
Allowed
(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 25 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
Units
Cow (500 pounds) 4 0.5 2
Horse 20 1.0 20
5
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 10ft 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 (10ft 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.
6
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.
• 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.
• 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:
7
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.
• 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.
• 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.
• 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.
8
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
0 300 600150
Feet
PID# 05-31-22-22-0005
15.09 acres
Corral & Wetlands
PID #05-31-22-22-0006
4.30 acres
Single Family House
PID# 05-31-22-22-0003
5.66 acres
Arena, Restroom & Accessory Structure
431431
83408340
455455 503503 519519
83238323
430430
403403
83028302
426426
426426
406406
409409
402402
558558
471471 535535 551551
83438343 508508
490490
510510
407407
487487
83838383392392384384
WOODDUCK TRLWOODDUCK TRL4TH AVE4TH AVEANDALL STANDALL ST
PINE ST NEPINE ST NE
Site Location & Aerial Map426 Pine Street µ
Wetland & Floodplain Map-426 Pine St
Legend
Wetlands
FEMA Floodplain
0.2 PCT ANNUAL CHANCE FLOOD HAZARD
Zone A
Zone AE
Zone X
October 7, 2020
Map Powered By DataLink
1 in = 200 ft
±
March 12, 2021
Katie Larsen
City Planner
Lino Lakes City Hall
600 Town Center Parkway
Lino Lakes, MN 55014
Via Email
KLarsen@linolakes.us
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. 1e.
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.
1e(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. 1e(a)(2). A
fourth circumstance for terminating a nonconforming use is by judicial
determination that the use is a nuisance. Id., subd. 1d. 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 taking and 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,
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 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
May 11, 2021
City of Lino Lakes
Attn: City Planner, Mayor and City Council
Lino Lakes City Hall
600 Town Center Parkway
Lino Lakes, MN 55014
VIA E-MAIL AND
UNITED STATES MAIL
(KLarsen@linolakes.us)
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.1 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 1 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
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)(l); 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:
2
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.
3
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:
4
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.
5
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.
6
(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.
Parcel Acres Rounded Whole
Acres
# Animal Units
Allowed
(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 25 12.5
The three (3) parcels of land are under common ownership and operate as a
single enterprise. City Ordinance Section 1007.080(5)(f) 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.
7
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.
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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 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
9
ATTEST:
________________________
Julianne Bartell, City Clerk
1
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)(l); 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
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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.
3
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:
• 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.
• 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 1 horse per 2 acres.
• 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:
4
• 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.
• 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.
• 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.
5
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 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
1
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:
• Site Plan prepared by Michael Monn Architects revision date May 10, 2021
• ALTA/NSPS Land Title Survey prepared by EG Rud & Sons, Inc. dated July 2, 2020
ANALYSIS
Background
2
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
North GB, General
Business
Commercial
(McDonald’s & Main
Street Shoppes)
Commercial
South LI, Light Industrial Vacant Industrial Industrial
East LI, Light Industrial
Industrial
(Laborers Training
Center)
Industrial
West GB, General
Business Vacant Commercial Commercial
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.
3
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:
• Utility trailers and company vehicles
• 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.
• Steel scrap bin – we use this to recycle our scraps picked up once a week by National
Recycling Inc.
• Bales of cardboard – picked up by International Paper Company
• Overflow pallets – cycled in and out every 1 to 3 days
• Snow plow and sanding equipment
• 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
4
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 10 ft 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)(f) 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 of 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.
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.
5
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 I-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.
6
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
Main StreetOtter Lake Road
Glamos Wire2300 Main Street137,824 s.f.ExistingLoadingDockAreaExistingLoadingDockAreaTruckManeuveringAreaExisting Parking Lot141 StallsExisting Parking Lot(52 Stalls)128'-0"
Property Line S 0°06'05" E 1269.15'Landscape Screening:Refer to Villa drawingfor detailsExistingLight Pole(Typical)ExistingMonumentSign50 foot Building Setback
Property Line N 88°22'05" E 645.68'50 foot Building SetbackProperty Line N 0°52'47" W 1275.33'Property Line N 88°55'54" E 662.87'South Yard(Remove 167 parking stalls)16' gate tomatch fence8' tall white vinylprivacy fenceAlign fence w/building cornerAlign fence w/building corner8'-0"or report was prepared by me or underMichael J. Monn Registration. No.: 21772licensed Architect under the laws of themy direct supervision and that I am a dulyState of Minnesota.I hereby certify that this plan, specificationAll rights reserved.Michael Monn ArchitectsThis document is an instrument of copied without prior written consent.service and is the property of Michael Monn Architects., and may not be used or CertificationE mike@michaelmonnarchitects.comP (612) 247-5406LAKEVILLE, MN 55044-90607933 GRINNELL WAYMichael Monn Architects211092021-03-26Glamos Wire2300 Main StreetLino Lakes, Minnesota 55038Site PlanSP11 2021-05-10 City Comments2345620215/10/20211" = 60'-0"Site PlanSite DataTHIS PROPOSAL IS FOR A REUSE OF THE EXISTING PARKING AREA TO THE SOUTH OFTHE EXISTING BUILDING.ALL EXISTING PAVEMENT, CURB & GUTTER, LANDSCAPING AND SITE LIGHTING SHALLREMAIN AS EXISTING.SITE AREA:19.11 Acres (832,279 s.f.)BUILDING AREA: 137,824 s.f.OCCUPANCY AREAS: Office 9,275 s.f.Factory88,040 s.f.Warehouse28,820 s.f.Gymnasium (tenant) 11,689 s.f.PARKING REQUIRED: Office 9,275 s.f. @ 1 space per 200 s.f. = 27 SpacesFactory 88,040 s.f. @ 1 space per 2000 s.f. = 45 SpacesWarehouse 28,820 s.f. @ 1 space per 2000 s.f. = 15 SpacesGymnasium 11,689 s.f.20 spaces plus 1 per 200 s.f. over 2000 s.f.= 69 SpacesTotal= 156 SpacesPARKING PROVIDED North parking lot = 141 Spaces (including 8 Accessible spaces)South parking lot= 52 SpacesTotal parking lot = 193 Spaces1ElevationFence - Typical panel view1" = 1'-0"1SP1Typical FenceElevation View8' tall opaque white vinylprivacy fencePavement
1
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:
• Site Plan prepared by Michael Monn Architects revision date May 10, 2021
• 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.
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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.
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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.
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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 10 ft 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)(f) 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 of 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.
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.
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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 I-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.
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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.
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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 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
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
Glamos Wire, Inc. Site Performance Agreement page 1 of 10
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 2 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 /
Culverts / Swales $ 0.00
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 3 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/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 Water (CWAC) $1,360.00 Per SAC Unit.
C. Surface Water Management Area Charges
Glamos Wire, Inc. Site Performance Agreement page 4 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.
Acres Fee
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 .dwg 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 5 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. Site Plan Review Fee $500.00
Glamos Wire, Inc. Site Performance Agreement page 6 of 10
2. Administration
(Legal, Engineering, Planning and Contract Administration) $1,000.00
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 7 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 8 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.
XIII. 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 9 of 10
Sunday and Holidays 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 10 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.-CUP for Open and Outdoor Storage
City Council
July 12, 2021
Land Use Application•Conditional Use Permit
•Open and Outdoor Storage
•2300 Main Street
•Glamos Wire, Inc.
2
3
•Parcel = 18 acres North Half = building & parking lot South Half = trees, wetlands, agr
Outdoor
Storage
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
4
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. 5
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.
6
7
Surrounding Land Use
•I-35E, Main Street
and Otter Lake Road
corridor
•Focus of high value,
high quality
commercial and
industrial
development for
both the City and
property owners.
•City should be
cognizant of outdoor
storage and its
limited increase in
land value.
8
Site Plan
•Outdoor Storage
proposed south of
building in existing
parking lot
9
8ft tall opaque white vinyl fence around
west, south and east of parking lot
Landscaping
Site Plan
10
Per ALTA Survey
•2 stormwater basins
•22ft wide drainage easement
•Parking lot drainage sheet flows south into basins
•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
11
Outdoor Storage Requirements2.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.12
Alternative Screen
13The property owner has requested as an alternative, a row of arborvitae 15 ft tall
x 4 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.
14
15
Summer leaf on conditions vs. winter leaf off
conditions
16
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.
17
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.
18
Findings of Fact-Res. No. 21-691. 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 19
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.
20
Site Performance Agreement•A Site Performance Agreement is required per City Code
Section 1007.020(5)(d).
21
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
22