Loading...
HomeMy WebLinkAbout08-09-2021 Council Packet EXPANDED AGENDA CITY COUNCIL AGENDA Monday, August 9, 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) There were no comments.  Setting the Agenda: Addition or Deletion of Agenda Items The agenda was approved as presented. SPECIAL PRESENTATION American Legion Post 566, Presentation of Awards: - Lino Lakes Police Officer of the Year: Nathan Hamann - Lino Lakes Firefighter of the Year: Paul Kartman 1. CONSENT AGENDA A) Consideration of Expenditures: i) August 9, 2021, (Check No. 114781 - 114869) in the amt of $931,935.53 B) Consider Approval of July 26, 2021 Work Session Minutes C) Consider Approval of July 26, 2021 Council Meeting Minutes D) Consider Approval of July 26, 2021 Special Work Session Minutes Action Taken: Motion by Stoesz, seconded by Ruhland, to approve Consent Agenda Items 1A through 1D as presented, was adopted 2. FINANCE DEPARTMENT REPORT None Council Agenda -2- 3. ADMINISTRATION DEPARTMENT REPORT A) Consider Appointment of Communications Specialist, Meg Sawyer Action Taken: Motion by Stoesz, seconded by Lyden, to approve the appointment of Andrea Turner, was adopted B) Compensation Plan for Paid On-Call Fire Personnel, Meg Sawyer i) Consider Resolution No. 21-84 Compensation Plan for Paid On-Call Fire Personnel Action Taken: Motion by Cavegn, seconded by Ruhland, to approve Resolution No. 21-84 as presented, was adopted 4. PUBLIC SAFETY DEPARTMENT REPORT None 5. PUBLIC SERVICES DEPARTMENT REPORT None 6. COMMUNITY DEVELOPMENT REPORT A) Public Hearing, Consider First Reading of Ordinance No. 07-21, Establishing a Storm Water Utility, Michael Grochala Action Taken: Motion by Lyden, seconded by Ruhland, to approve the first reading of Ordinance No. 07-21 as presented, was adopted B) Butler Addition, Jessica Eller a. Consider Resolution No. 21-75 Approving Final Plat Action Taken: Motion by Cavegn, seconded by Stoesz, to approve Resolution No. 21-75 as presented, was adopted b. Consider Resolution No. 21-76 Approving Development Agreement Action Taken: Motion by Cavegn, seconded by Stoesz, to approve Resolution No. 21-76 as presented, was adopted C) 426 Pine Street, Katie Larsen a. Consider Resolution No. 21-67 Approving a Conditional Use Permit for Commercial Stables Applicant withdrew CUP Application b. Consider Resolution No. 21-68 Denying a Variance to Double the Number of Allowed Animal Units Action Taken: Motion by Stoesz, seconded by Cavegn, to approve Resolution No. 21-68 as presented, was adopted 7. UNFINISHED BUSINESS None Council Agenda -3- 8. NEW BUSINESS None Adjournment Motion by Ruhland, seconded by Cavegn, to adjourn at 8:00 p.m., was adopted Following adjournment of the regular council meeting, the City Council will reconvene for a special work session to discuss the 2022 Budget Community Calendar – A Look Ahead August 9, 2021 through August 23, 2021 Wednesday, August 11 6:30 pm, Council Chambers Planning & Zoning Board Monday, August 23 6:00 pm, Community Room Council Work Session Monday, August 23 6:30 pm, Council Chambers City Council Meeting CITY COUNCIL AGENDA Monday, August 9, 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 SPECIAL PRESENTATION American Legion Post 566, Presentation of Awards: - Lino Lakes Police Officer of the Year: Nathan Hamann - Lino Lakes Firefighter of the Year: Paul Kartman 1. CONSENT AGENDA A) Consideration of Expenditures: i) August 9, 2021, (Check No. 114781 - 114869) in the amt of $931,935.53 B) Consider Approval of July 26, 2021 Work Session Minutes C) Consider Approval of July 26, 2021 Council Meeting Minutes D) Consider Approval of July 26, 2021 Special Work Session Minutes 2. FINANCE DEPARTMENT REPORT None 3. ADMINISTRATION DEPARTMENT REPORT A) Consider Appointment of Communications Specialist, Meg Sawyer B) Compensation Plan for Paid On-Call Fire Personnel, Meg Sawyer i) Consider Resolution No. 21-84 Compensation Plan for Paid On-Call Fire Personnel Council Agenda -2- 4. PUBLIC SAFETY DEPARTMENT REPORT None 5. PUBLIC SERVICES DEPARTMENT REPORT None 6. COMMUNITY DEVELOPMENT REPORT A) Public Hearing, Consider First Reading of Ordinance No. 07-21, Establishing a Storm Water Utility, Michael Grochala B) Butler Addition, Jessica Eller i. Consider Resolution No. 21-75 Approving Final Plat ii. Consider Resolution No. 21-76 Approving Development Agreement C) 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 Double the Number of Allowed Animal Units 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Following adjournment of the regular council meeting, the City Council will reconvene for a special work session to discuss the 2022 Budget Community Calendar – A Look Ahead August 9, 2021 through August 23, 2021 Wednesday, August 11 6:30 pm, Council Chambers Planning & Zoning Board Monday, August 23 6:00 pm, Community Room Council Work Session Monday, August 23 6:30 pm, Council Chambers City Council Meeting Expenditures August 9, 2021 Check #114781 to #114869 $931,935.53 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 8/9/2021 City Council Meeting Vendor Fund/Dept Account Amount Check # Description AFLAC 101-000 101-000-2040-000 232.74 114789 July Insurance Premiums AFSCME Council #5 101-000 101-000-2040-000 524.70 114783 PR Batch 00002.08.2021 Union Dues AFSCME Central Pension Fund 101-000 101-000-2040-000 4,992.00 114781 Jul-21 Delta Dental of Minnesota 101-000 101-000-2040-000 415.40 114807 Dental Insurance Premiums Fidelity Security Life Insurance Co. 101-000 101-000-2040-000 14.31 114810 August Vision Insurance International Union 101-000 101-000-2040-000 560.00 114784 PR Batch 00002.08.2021 Union Dues 49ers Law Enforcement Labor Services 101-000 101-000-2040-000 1,397.00 114785 PR Batch 00002.08.2021 Union Dues LELS Lincoln National Life Ins Co 101-000 101-000-2040-000 1,160.31 114829 Life Insurance Premiums Lincoln National Life Ins Co 101-000 101-000-2040-000 75.90 114829 Life Insurance Premiums Medica 101-000 101-000-2040-000 1,595.02 114834 Health Insurance Premiums NCPERS Group Life Insurance 101-000 101-000-2040-000 240.00 114782 July 2021 Life Insurance Premiums Medica 101-000 101-000-2041-000 9,119.60 114834 Health Insurance Premiums Delta Dental of Minnesota 101-000 101-000-2044-000 1,224.00 114807 Dental Insurance Premiums Fidelity Security Life Insurance Co. 101-000 101-000-2048-000 105.07 114810 August Vision Insurance WS & D Permit Service Inc 101-000 101-000-3250-000 126.40 114867 Permit refund 2021-01396 Perry and Sons Excavating Inc 101-000 101-000-3256-000 200.00 114843 Permit refund #2021-01039 Lincoln National Life Ins Co 101-000 101-000-3416-000 0.14 114829 Life Insurance Premiums 101-000 Total 21,982.59 Medica 101-402 101-402-4131-000 538.42 114834 Health Insurance Premiums Lincoln National Life Ins Co 101-402 101-402-4133-000 96.35 114828 Disability Insurance Premiums Lincoln National Life Ins Co 101-402 101-402-4133-000 9.00 114829 Life Insurance Premiums Delta Dental of Minnesota 101-402 101-402-4134-000 89.89 114807 Dental Insurance Premiums Martin-McAllister 101-402 101-402-4300-000 1,100.00 114833 Public Safety Assessments - S. Bergeron Y. Heu Shred-it c/o Stericycle Inc. 101-402 101-402-4410-000 62.66 114851 Document destruction 101-402 Total 1,896.32 Press Publications Inc. 101-403 101-403-4340-000 51.20 114844 Notice of Candidate Filings for Office 101-403 Total 51.20 Medica 101-407 101-407-4131-000 2,066.40 114834 Health Insurance Premiums Lincoln National Life Ins Co 101-407 101-407-4133-000 66.67 114828 Disability Insurance Premiums Lincoln National Life Ins Co 101-407 101-407-4133-000 6.98 114829 Life Insurance Premiums Delta Dental of Minnesota 101-407 101-407-4134-000 101.11 114807 Dental Insurance Premiums 101-407 Total 2,241.16 Rupp Anderson Squires & Waldspurger P.A. 101-414 101-414-4301-000 192.00 114847 Legal 6367 Ware Road Rupp Anderson Squires & Waldspurger P.A. 101-414 101-414-4301-000 909.65 114847 Legal Miscellaneous GDO Law 101-414 101-414-4303-000 8,500.00 114814 August Prosecutor Contract GDO Law 101-414 101-414-4303-000 409.50 114814 July Forfeiture 101-414 Total 10,011.15 Isaac Sports Group LLC 101-415 101-415-4300-000 3,451.58 114820 Final rec center consultation Rupp Anderson Squires & Waldspurger P.A. 101-415 101-415-4300-000 384.00 114847 Legal Vaquero Ventures Land Sale MN Metro North Tourism Board 101-415 101-415-4900-000 5,881.00 114837 June 2021 Tourism Tax 101-415 Total 9,716.58 Medica 101-416 101-416-4131-000 538.43 114834 Health Insurance Premiums Lincoln National Life Ins Co 101-416 101-416-4133-000 25.84 114828 Disability Insurance Premiums Lincoln National Life Ins Co 101-416 101-416-4133-000 2.25 114829 Life Insurance Premiums Delta Dental of Minnesota 101-416 101-416-4134-000 44.94 114807 Dental Insurance Premiums 101-416 Total 611.46 Medica 101-418 101-418-4131-000 538.42 114834 Health Insurance Premiums Lincoln National Life Ins Co 101-418 101-418-4133-000 44.00 114828 Disability Insurance Premiums Lincoln National Life Ins Co 101-418 101-418-4133-000 4.50 114829 Life Insurance Premiums Delta Dental of Minnesota 101-418 101-418-4134-000 44.94 114807 Dental Insurance Premiums 101-418 Total 631.86 Medica 101-420 101-420-4131-000 22,145.96 114834 Health Insurance Premiums Lincoln National Life Ins Co 101-420 101-420-4133-000 726.53 114828 Disability Insurance Premiums Lincoln National Life Ins Co 101-420 101-420-4133-000 70.98 114829 Life Insurance Premiums Delta Dental of Minnesota 101-420 101-420-4134-000 1,193.21 114807 Dental Insurance Premiums Image Printing & Graphics Inc 101-420 101-420-4200-000 470.20 114818 1 000 - #10 Envelopes 1 000 - Letterhead Image Printing & Graphics Inc 101-420 101-420-4200-000 86.00 114818 500 - Shipping labels Streicher's Inc. 101-420 101-420-4211-000 61.40 114856 12ga Projectile: Drag Stabilization Anoka County Treasury Office 101-420 101-420-4240-000 199.50 114793 2-APX Shoulder Mic Anoka County Treasury Office 101-420 101-420-4300-000 60.77 114793 June 2021 - Language Line Anoka County Treasury Office 101-420 101-420-4300-000 106.09 114793 May 2021 - Language Line UPS/United Parcel Service 101-420 101-420-4322-000 57.66 114862 Postage Allina Health System 101-420 101-420-4330-000 500.87 114791 Q1 2021 Education Allina Health System 101-420 101-420-4330-000 500.87 114791 Q2 2021 Education Page 1 AP Checks by Account Number 8/9/2021 City Council Meeting Vendor Fund/Dept Account Amount Check # Description St. Cloud State University 101-420 101-420-4330-000 2,730.00 114852 Tuition - Riehm Thill Owens Paulson Hamann Schirmers St. Cloud State University 101-420 101-420-4330-000 600.00 114852 Tuition - M. Carlson Aspen Mills Inc. 101-420 101-420-4370-000 9.85 114795 Uniform Allowance - K. Leibel Aspen Mills Inc. 101-420 101-420-4370-000 109.60 114795 New Hire Uniform Allowance - E. Heu Aspen Mills Inc. 101-420 101-420-4370-000 17.85 114795 Uniform Allowance - W. Owens Aspen Mills Inc. 101-420 101-420-4370-000 2,149.50 114795 New Hire Uniform Allowance - D. Swenson Xcel Energy 101-420 101-420-4381-000 3.81 114868 Electric Anoka County Treasury Office 101-420 101-420-4410-000 900.00 114793 2nd Qtr 2021 State Access Fee Shred-it c/o Stericycle Inc. 101-420 101-420-4410-000 62.65 114851 Document destruction 101-420 Total 32,763.30 Medica 101-421 101-421-4131-000 1,313.91 114834 Health Insurance Premiums Lincoln National Life Ins Co 101-421 101-421-4133-000 51.17 114828 Disability Insurance Premiums Lincoln National Life Ins Co 101-421 101-421-4133-000 4.40 114829 Life Insurance Premiums Delta Dental of Minnesota 101-421 101-421-4134-000 65.16 114807 Dental Insurance Premiums Macqueen Equipment Inc. 101-421 101-421-4240-000 339.66 114830 Hoses and adapter Allina Health System 101-421 101-421-4330-000 459.13 114791 Q2 2021 Education Allina Health System 101-421 101-421-4330-000 459.13 114791 Q1 2021 Education Fire Instruction Rescue Education 101-421 101-421-4330-000 7,400.00 114811 9 - Training Sessions Aspen Mills Inc. 101-421 101-421-4370-000 46.85 114795 Dept Uniform Allowance American Test Center 101-421 101-421-4410-000 2,289.00 114792 Annual Test #622 5 year test #611 Dept ground ladder test 101-421 Total 12,428.41 Medica 101-422 101-422-4131-000 -2,752.20 114834 Health Insurance Premiums Lincoln National Life Ins Co 101-422 101-422-4133-000 76.13 114828 Disability Insurance Premiums Lincoln National Life Ins Co 101-422 101-422-4133-000 7.87 114829 Life Insurance Premiums Delta Dental of Minnesota 101-422 101-422-4134-000 89.88 114807 Dental Insurance Premiums T-Mobile USA Inc 101-422 101-422-4321-000 149.30 114860 Cell Phone/Wi-Fi Service MNSPECT LLC 101-422 101-422-4410-000 8,160.00 114838 Field Inspections 101-422 Total 5,730.98 Medica 101-430 101-430-4131-000 2,699.36 114834 Health Insurance Premiums Lincoln National Life Ins Co 101-430 101-430-4133-000 119.31 114828 Disability Insurance Premiums Lincoln National Life Ins Co 101-430 101-430-4133-000 14.06 114829 Life Insurance Premiums Delta Dental of Minnesota 101-430 101-430-4134-000 191.01 114807 Dental Insurance Premiums Street Smart Rental 101-430 101-430-4223-000 777.80 114855 8 - Type II Barricades T-Mobile USA Inc 101-430 101-430-4321-000 92.55 114860 Cell Phone/Wi-Fi Service Xcel Energy 101-430 101-430-4385-000 4,074.06 114868 Electric Xcel Energy 101-430 101-430-4385-000 679.22 114868 Electric Century Fence Company Inc. 101-430 101-430-4410-000 1,702.00 114800 Culvert crossing fence repair InSite Contracting Inc 101-430 101-430-4410-000 6,000.00 114819 Guardrail repair - W Shadow Lake Dr 101-430 Total 16,349.37 Medica 101-431 101-431-4131-000 1,084.08 114834 Health Insurance Premiums Lincoln National Life Ins Co 101-431 101-431-4133-000 42.83 114828 Disability Insurance Premiums Lincoln National Life Ins Co 101-431 101-431-4133-000 4.95 114829 Life Insurance Premiums Delta Dental of Minnesota 101-431 101-431-4134-000 98.88 114807 Dental Insurance Premiums Safety-Kleen Systems Inc. 101-431 101-431-4211-000 50.42 114849 Solvent Mansfield Oil Company 101-431 101-431-4212-000 2,712.71 114831 Diesel Fuel - 1 000 gallons Mansfield Oil Company 101-431 101-431-4212-000 5,416.26 114831 Gasoline - 2 000 gallons Mansfield Oil Company 101-431 101-431-4212-000 2,182.09 114831 Diesel Fuel - 799 gallons Mansfield Oil Company 101-431 101-431-4212-000 5,369.66 114831 Gasoline - 2 000 gallons Allied Oil & Supply Inc. 101-431 101-431-4221-000 144.46 114790 0W-20 Engine Oil - 10 gallons Davis Equipment Corporation 101-431 101-431-4221-000 190.91 114806 Spindle repair kits #409 Factory Motor Parts Company 101-431 101-431-4221-000 31.92 114809 0W-20 Oil #803 Factory Motor Parts Company 101-431 101-431-4221-000 31.92 114809 0W-20 Oil #308 Factory Motor Parts Company 101-431 101-431-4221-000 123.96 114809 Battery #317 L.T.G. Power Equipment 101-431 101-431-4221-000 48.81 114825 Clutch wire repair kit #405 O'Reilly Automotive Stores 101-431 101-431-4221-000 -90.00 114842 Brake caliper core return #398 O'Reilly Automotive Stores 101-431 101-431-4221-000 344.44 114842 Air filters oil filters fuel filters O'Reilly Automotive Stores 101-431 101-431-4221-000 23.90 114842 Police headlight bulbs O'Reilly Automotive Stores 101-431 101-431-4221-000 302.94 114842 Brake house & 2 brake clamps #398 Emergency Apparatus Maintenance 101-431 101-431-4410-000 3,724.58 114808 Bolt repair oil leak repair new hose #622 Emergency Apparatus Maintenance 101-431 101-431-4410-000 2,011.38 114808 Primer valve rebuild #620 101-431 Total 23,851.10 Dalco Inc. 101-432 101-432-4211-000 553.13 114804 Toilet tissue paper towels and garbage bags Wheeler Hardware Company 101-432 101-432-4211-500 145.00 114866 Transformer and Rectifier at Senior Center Wheeler Hardware Company 101-432 101-432-4211-501 510.00 114866 Touchless switches to exterior of garage entry and north garage Page 2 AP Checks by Account Number 8/9/2021 City Council Meeting Vendor Fund/Dept Account Amount Check # Description A&L Superior Quality Sod Inc. 101-432 101-432-4211-503 146.00 114787 Town Center Landscape Gerten Greenhouses & Garden Center Inc. 101-432 101-432-4211-503 338.40 114815 Town Center Landscape Gerten Greenhouses & Garden Center Inc. 101-432 101-432-4211-503 116.98 114815 Town Center Landscape Gerten Greenhouses & Garden Center Inc. 101-432 101-432-4211-503 97.16 114815 Town Center Landscape Wheeler Hardware Company 101-432 101-432-4211-503 580.00 114866 Relay sockets Anoka County Treasury Office 101-432 101-432-4300-500 75.00 114794 Site 115 Aug 2021 Cac Fiber Anoka County Treasury Office 101-432 101-432-4300-501 75.00 114794 Site 116 Aug 2021 Cac Fiber Anoka County Treasury Office 101-432 101-432-4300-503 75.00 114794 Site 117 Aug 2021 Cac Fiber NAC Mechanical & Electrical 101-432 101-432-4300-503 554.00 114841 Condensing unit repair in New Creations NAC Mechanical & Electrical 101-432 101-432-4300-503 366.00 114841 Technology alert updates NAC Mechanical & Electrical 101-432 101-432-4300-503 937.05 114841 Condensing unit repair in PD Wheeler Hardware Company 101-432 101-432-4300-503 760.00 114866 Labor for invoice #SPI117384 - Media room repair Wheeler Hardware Company 101-432 101-432-4300-503 210.00 114866 Material for media room Wheeler Hardware Company 101-432 101-432-4300-503 1,470.00 114866 White paneling installation Wheeler Hardware Company 101-432 101-432-4300-503 940.00 114866 Added inter changeable cores for restroom doors Xcel Energy 101-432 101-432-4381-501 896.89 114868 Electric Xcel Energy 101-432 101-432-4381-502 1,228.30 114868 Electric Xcel Energy 101-432 101-432-4381-503 10,720.07 114868 Electric Walters Recycling & Refuse 101-432 101-432-4384-500 257.18 114864 July 2021 Trash & Recycling Walters Recycling & Refuse 101-432 101-432-4384-501 35.93 114864 July 2021 Trash & Recycling Walters Recycling & Refuse 101-432 101-432-4384-502 100.27 114864 July 2021 Trash & Recycling Walters Recycling & Refuse 101-432 101-432-4384-503 274.98 114864 July 2021 Trash & Recycling Marsden Bldg Maintenance LLC 101-432 101-432-4410-500 1,044.60 114832 August Janitorial Services Metro Sales Incorporated 101-432 101-432-4410-500 89.66 114835 Copier Maintenance Contract Ricoh/MP C307 Color Copier Marsden Bldg Maintenance LLC 101-432 101-432-4410-501 631.58 114832 August Janitorial Services Marsden Bldg Maintenance LLC 101-432 101-432-4410-502 691.82 114832 August Janitorial Services CES Imaging 101-432 101-432-4410-503 80.00 114802 July Plotter/Scanner Maintenance Marsden Bldg Maintenance LLC 101-432 101-432-4410-503 3,856.00 114832 August Janitorial Services Metro Sales Incorporated 101-432 101-432-4410-503 208.49 114835 Copier Maintenance Contract Ricoh/IM C2500 Color Copier Metro Sales Incorporated 101-432 101-432-4410-503 413.60 114835 Copier Maintenance Contract Ricoh/MP 6002SP & MP C3504 Copier Star Tribune 101-432 101-432-4410-503 146.90 114853 Newspaper Subscription 7/10/21-10/9/21 - Subscriber #3426484 101-432 Total 28,624.99 Medica 101-450 101-450-4131-000 1,453.75 114834 Health Insurance Premiums Lincoln National Life Ins Co 101-450 101-450-4133-000 96.72 114828 Disability Insurance Premiums Lincoln National Life Ins Co 101-450 101-450-4133-000 11.13 114829 Life Insurance Premiums Delta Dental of Minnesota 101-450 101-450-4134-000 177.52 114807 Dental Insurance Premiums Bluetarp Financial Inc. 101-450 101-450-4211-000 99.99 114796 Water pump Frattallone's/Circle Pines Ace 101-450 101-450-4211-000 46.14 114812 Garden sprayer adapter hose bloom booster Tessman Company 101-450 101-450-4211-000 147.05 114858 2 - 50lb bags of herbicide T-Mobile USA Inc 101-450 101-450-4321-000 50.29 114860 Cell Phone/Wi-Fi Service Xcel Energy 101-450 101-450-4381-000 219.10 114868 Electric Walters Recycling & Refuse 101-450 101-450-4384-000 158.79 114864 July 2021 Trash & Recycling Jimmy's Johnnys 101-450 101-450-4410-000 60.00 114822 Toilet Rental - City Hall Park Jimmy's Johnnys 101-450 101-450-4410-000 60.00 114822 Toilet Rental - Birch Park Jimmy's Johnnys 101-450 101-450-4410-000 180.00 114822 Toilet Rental - Sunrise Park Jimmy's Johnnys 101-450 101-450-4410-000 60.00 114822 Toilet Rental - Marshan Park Jimmy's Johnnys 101-450 101-450-4410-000 60.00 114822 Toilet Rental - Behm's Park Jimmy's Johnnys 101-450 101-450-4410-000 60.00 114822 Toilet Rental - Clearwater Creek Park Jimmy's Johnnys 101-450 101-450-4410-000 60.00 114822 Toilet Rental - Lino Park Jimmy's Johnnys 101-450 101-450-4410-000 60.00 114822 Toilet Rental - Sunset Oaks Park Jimmy's Johnnys 101-450 101-450-4410-000 60.00 114822 Toilet Rental - Highland Meadows 101-450 Total 3,120.48 Medica 101-461 101-461-4131-000 201.91 114834 Health Insurance Premiums Lincoln National Life Ins Co 101-461 101-461-4133-000 8.19 114828 Disability Insurance Premiums Lincoln National Life Ins Co 101-461 101-461-4133-000 0.85 114829 Life Insurance Premiums Delta Dental of Minnesota 101-461 101-461-4134-000 16.85 114807 Dental Insurance Premiums T-Mobile USA Inc 101-461 101-461-4321-000 29.16 114860 Cell Phone/Wi-Fi Service 101-461 Total 256.96 Medica 101-462 101-462-4131-000 134.61 114834 Health Insurance Premiums Lincoln National Life Ins Co 101-462 101-462-4133-000 5.46 114828 Disability Insurance Premiums Lincoln National Life Ins Co 101-462 101-462-4133-000 0.56 114829 Life Insurance Premiums Delta Dental of Minnesota 101-462 101-462-4134-000 11.24 114807 Dental Insurance Premiums Davis Phillip 101-462 101-462-4330-000 78.96 114805 Mileage Reimbursement 1st Choice Document Destruction 101-462 101-462-4410-000 600.00 114786 July 2021 Recycled paper and cardboard - 3 000 pounds Page 3 AP Checks by Account Number 8/9/2021 City Council Meeting Vendor Fund/Dept Account Amount Check # Description Freimuth Enterprises LLC 101-462 101-462-4410-000 375.00 114813 Recycling Saturday June 2021 - Total pounds recycled 35 917 Walters Recycling & Refuse 101-462 101-462-4410-000 40.95 114864 July 2021 Organic Recycling - Lino Park Walters Recycling & Refuse 101-462 101-462-4410-000 76.05 114864 July 2021 Organic Recycling - Birch Park Walters Recycling & Refuse 101-462 101-462-4410-000 64.35 114864 July 2021 Organic Recycling - Clearwater Creek Walters Recycling & Refuse 101-462 101-462-4410-000 76.05 114864 July 2021 Organic - Marshan Park 101-462 Total 1,463.23 Medica 101-463 101-463-4131-000 201.91 114834 Health Insurance Premiums Lincoln National Life Ins Co 101-463 101-463-4133-000 8.19 114828 Disability Insurance Premiums Lincoln National Life Ins Co 101-463 101-463-4133-000 0.84 114829 Life Insurance Premiums Delta Dental of Minnesota 101-463 101-463-4134-000 16.85 114807 Dental Insurance Premiums 101-463 Total 227.79 CenturyLink 202-451 202-451-4321-000 55.69 114801 July phone services Xcel Energy 202-451 202-451-4381-000 5,980.90 114868 Electric Walters Recycling & Refuse 202-451 202-451-4384-000 162.56 114865 July 2021 Trash & Recycling Marsden Bldg Maintenance LLC 202-451 202-451-4410-000 1,969.47 114832 August Janitorial Services Marsden Bldg Maintenance LLC 202-451 202-451-4410-000 413.30 114832 Janitorial Services 202-451 Total 8,581.92 Twin Cities Transport & Recovery 207-420 207-420-4300-000 85.00 114861 ICR #21-150002 207-420 Total 85.00 Twin Cities Transport & Recovery 208-420 208-420-4300-000 85.00 114861 ICR #21-152584 208-420 Total 85.00 MOHLER TOM 406-000 406-000-2020-000 20.23 114839 Refund Check 013717-000 6591 CLEARWATER CRK DR 406-000 Total 20.23 Landmark Structures I LP 406-499 406-499-4400-127 180,647.25 114827 Water Tower No. 3 Landmark Structures I LP 406-499 406-499-4400-127 55,756.45 114827 Water Tower No. 3 406-499 Total 236,403.70 A.X. Lino Lakes L.P. 419-531 419-531-4404-000 102,095.00 114788 TIF Note - 1st Half 2021 Tax Settlement 419-531 Total 102,095.00 Kennedy & Graven Chartered 421-470 421-470-6040-000 9,000.00 114823 2021A Bond Counsel 421-470 Total 9,000.00 MN Department of Transportation - Commissioner 421-499 421-499-4300-133 114.49 114836 Concrete Plant Inspections Haugo Geo Technical Services LLC 421-499 421-499-4300-137 3,583.00 114869 Street Rehabiliation Project - Material testing T.A. Schifsky and Sons Inc. 421-499 421-499-4400-137 301,096.13 114857 2021 Street Improvement Projects 421-499 Total 304,793.62 Rupp Anderson Squires & Waldspurger P.A. 422-499 422-499-4301-125 272.00 114847 Legal NE Drainage Area Phase I Jacon LLC 422-499 422-499-4400-125 38,668.32 114821 NE Drainage Area Improvements 422-499 Total 38,940.32 Landform 484-499 484-499-4300-000 2,731.00 114826 Zoning Ordinance and Map Update 484-499 Total 2,731.00 MOHLER TOM 601-000 601-000-2020-000 4.92 114839 Refund Check 013717-000 6591 CLEARWATER CRK DR MOHLER TOM 601-000 601-000-2020-000 26.48 114839 Refund Check 013717-000 6591 CLEARWATER CRK DR City of Blaine 601-000 601-000-2140-000 70.47 114803 3rd Qtr 2021 Utilities 601-000 Total 101.87 Medica 601-494 601-494-4131-000 1,510.54 114834 Health Insurance Premiums Lincoln National Life Ins Co 601-494 601-494-4133-000 61.27 114828 Disability Insurance Premiums Lincoln National Life Ins Co 601-494 601-494-4133-000 7.29 114829 Life Insurance Premiums Delta Dental of Minnesota 601-494 601-494-4134-000 142.69 114807 Dental Insurance Premiums Rock Gardens Inc. 601-494 601-494-4211-000 320.15 114846 Well 3 Landscaping Hawkins Inc. 601-494 601-494-4222-000 10,002.78 114817 Chlorine & Hydrofluosilicic Hawkins Inc. 601-494 601-494-4222-000 130.08 114817 Nozzle and O-ring Hawkins Inc. 601-494 601-494-4222-000 30.00 114817 Chemicals Hawkins Inc. 601-494 601-494-4222-000 573.90 114817 Sodium Hypochlorite Valley-Rich Co. Inc. 601-494 601-494-4300-000 4,223.00 114863 Hydrant repair Rupp Anderson Squires & Waldspurger P.A. 601-494 601-494-4301-000 600.00 114847 Legal DNR Water Appropriation Permit Contested T-Mobile USA Inc 601-494 601-494-4321-000 83.46 114860 Cell Phone/Wi-Fi Service Xcel Energy 601-494 601-494-4381-000 13,084.38 114868 Electric Centennial Utilities 601-494 601-494-4382-000 436.00 114799 3rd Qtr 2021 Utilities City of Blaine 601-494 601-494-4382-000 627.83 114803 3rd Qtr 2021 Utilities 601-494 Total 31,833.37 MOHLER TOM 602-000 602-000-2020-000 112.68 114839 Refund Check 013717-000 6591 CLEARWATER CRK DR 602-000 Total 112.68 Medica 602-495 602-495-4131-000 1,510.56 114834 Health Insurance Premiums Lincoln National Life Ins Co 602-495 602-495-4133-000 61.27 114828 Disability Insurance Premiums Lincoln National Life Ins Co 602-495 602-495-4133-000 7.34 114829 Life Insurance Premiums Page 4 AP Checks by Account Number 8/9/2021 City Council Meeting Vendor Fund/Dept Account Amount Check # Description Delta Dental of Minnesota 602-495 602-495-4134-000 142.69 114807 Dental Insurance Premiums Muellner Blacktop Inc. 602-495 602-495-4300-000 7,000.00 114840 Overlay Road to City Utilities Ritter & Ritter Sewer Service Inc. 602-495 602-495-4300-000 1,457.50 114845 Lift Station cleaning T-Mobile USA Inc 602-495 602-495-4321-000 83.47 114860 Cell Phone/Wi-Fi Service Xcel Energy 602-495 602-495-4381-000 2,052.47 114868 Electric Centennial Utilities 602-495 602-495-4382-000 245.70 114799 3rd Qtr 2021 Utilities City of Blaine 602-495 602-495-4382-000 1,860.00 114803 3rd Qtr 2021 Utilities 602-495 Total 14,421.00 Builders Lot Group LLC 801-000 801-000-2300-000 1,659.30 114798 Escrow Closure - Burque Property Kennedy & Graven Chartered 801-000 801-000-2300-000 20.50 114823 Lyngblomsten TIF KLM Engineering Inc. 801-000 801-000-2300-000 1,500.00 114824 T-Mobile Tower No. 1 - Antenna Drawing Rupp Anderson Squires & Waldspurger P.A. 801-000 801-000-2300-000 272.00 114847 Legal 426 Pine Rupp Anderson Squires & Waldspurger P.A. 801-000 801-000-2300-000 742.50 114847 Legal Lyngblomsten Senior Housing Rydlund Brian A. 801-000 801-000-2300-000 37.56 114848 Escrow Closure - 842 Lois Lane - Variance Schuhbauer Leslie & Benno 801-000 801-000-2300-000 174.40 114850 Escrow Closure - 7020 W Shadow Lk Dr - CUP Thayer Kathleen 801-000 801-000-2300-000 644.63 114859 Escrow Closure - 7831 Lake Dr - Variance Rupp Anderson Squires & Waldspurger P.A. 801-000 801-000-2315-103 180.00 114847 Legal Nadeau Acres 2nd Addition Boulder Contracting LLC 801-000 801-000-2318-000 900.00 114797 Escrow Release - 1915 Red Oak Ln Stone Creek Homes Inc 801-000 801-000-2318-000 4,400.00 114854 Escrow Closure - 7554 Leonard Rupp Anderson Squires & Waldspurger P.A. 801-000 801-000-2321-103 16.00 114847 Legal Lino B - Otter Crossing Rupp Anderson Squires & Waldspurger P.A. 801-000 801-000-2327-103 225.00 114847 Legal Watermark 4th Addition 801-000 Total 10,771.89 Grand Total 931,935.53 Page 5 Electronic Funds Transfer MN Statute 471.38 Subd. 3 Council Meeting August 9, 2021 Transfer In/(Out) 7/23/2021 Payroll #15 (150,587.65) 7/23/2021 Payroll #15 Federal Deposit (44,069.31) 7/23/2021 Payroll #15 PERA (46,944.00) 7/23/2021 Payroll #15 State (10,286.76) 7/23/2021 Payroll #15 Child Support (284.77) 7/23/2021 Payroll #15 H.S.A. Bank Pretax (3,134.64) 7/23/2021 Payroll #15 TASC Pretax (749.96) 7/23/2021 Payroll #15 ICMA 457 Def. Comp #301596 (4,045.00) 7/23/2021 Payroll #15 ICMA Roth IRA #706155 (855.75) 7/23/2021 Payroll #15 MSRS HCSP #98946-01 (1,647.35) 7/23/2021 Payroll #15 MSRS Def. Comp #98945-01 (3,508.00) 7/23/2021 Payroll #15 MSRS Roth IRA #98945-01 (980.00) 7/23/2021 Wire to U.S. Bank - 4/1 Debt Service Payment (258,424.38) 7/27/2021 Minnesota Management & Budget - ARPA Funds 1,170,283.35 7/27/2021 Wire to MCM - ARPA Funds (1,170,283.35) 8/1/2021 HSA Bank ER Contribution (6,208.18) 8/6/2021 Council #08 Payroll (3,490.00) 8/6/2021 Council #08 Federal Deposit (202.40) 8/6/2021 Council #08 PERA (387.62) 8/6/2021 Council #08 State (45.98) 8/6/2021 Payroll #16 (142,450.46) 8/6/2021 Payroll #16 Federal Deposit (42,825.79) 8/6/2021 Payroll #16 PERA (45,163.97) 8/6/2021 Payroll #16 State (9,955.82) 8/6/2021 Payroll #16 Child Support (284.77) 8/6/2021 Payroll #16 H.S.A. Bank Pretax (3,232.64) 8/6/2021 Payroll #16 TASC Pretax (749.96) 8/6/2021 Payroll #16 ICMA 457 Def. Comp #301596 (4,345.00) 8/6/2021 Payroll #16 ICMA Roth IRA #706155 (880.75) 8/6/2021 Payroll #16 MSRS HCSP #98946-01 (1,634.70) 8/6/2021 Payroll #16 MSRS Def. Comp #98945-01 (3,543.00) 8/6/2021 Payroll #16 MSRS Roth IRA #98945-01 (755.00) CITY COUNCIL WORK SESSION APPROVED 2 3 CITY OF LINO LAKES MINUTES 4 DATE 5 TIME STARTED 6 TIME ENDED 7 MEMBERS PRESENT 8 9 MEMBERS ABSENT July 26, 2021 6:00 p.m. 6:30 p.m. Council Member Stoesz, Lyden, Ruhland, Cavegn and Mayor Rafferty None 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Staff members present: City Administrator Sarah Cotton; Finance Director Hannah Lynch; Human Resources Manager Meg Sawyer; Community Development Director Michael Grochala; Public Services Director Rick DeGardner; City Planner Katie Larsen; City Engineer Diane Hankee; Director of Public Safety John Swenson; City Clerk Julie Bmiell 1. Public Works Facility- Mayor Rafferty noted that there are three new councilmembers and there's an opportunity to bring them up to date on past discussions. The mayor noted that any discussion has to include costs and how that can be done in light of the taxpayers. He understands and would highlight the need for facilities. Administrator Cotton recalled previous consultant work to look at options. She believes that a tour for new councilmembers would be an appropriate next step. And looking ahead, moving to facilities planning will be important. Councilmember Stoesz asked if the public would be invited to tour the facilities and Ms. Cotton suggested that it would be a posted meeting. Mayor Raffe1iy spoke to the importance of investing in the community and the future. He is in favor of a tour in the near future. Councilmember Ruhland asked for the ballpark estimate (2019). Ms. Cotton said it was phased but approximately $5 million; site analysis was about $12 million. There are constraints because there is no City sewer and water at the current site. Mayor Raffe1iy remarked that he hasn't supported moving the site. Councilmember Cavegn asked if a tear down or addition is proposed. Mayor Rafferty remarked that a tour could make it more obvious. Councilmember Ruhland noted the community center discussion and earmarking funds toward that; is there any bonding pay off coming up past that? Ms. Cotton suggested the tour first with the study in hand and discussion on plans following that. Councilmember Lyden asked, how large is the parcel? Public Services Director DeGardner said the city owns 24 acres; the public works use is a portion. 44 COUNCIL MINUTES DRAFT 1 1 LINO LAKES CITY COUNCIL 2 REGULAR MEETING 3 MINUTES 4 5 DATE : July 26, 2021 6 TIME STARTED : 6:35 p.m. 7 TIME ENDED : 7:33 p.m. 8 MEMBERS PRESENT : Councilmember Stoesz, Lyden, 9 Ruhland, Cavegn and Mayor Rafferty 10 MEMBERS ABSENT : None 11 12 Staff members present: City Administrator Sarah Cotton; Community Development Director 13 Michael Grochala; Public Safety Director John Swenson; City Planner Katie Larsen; Human 14 Resources Manager Meg Sawyer; City Engineer Diane Hankee; 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 SPECIAL PRESENTATIONS 21 Lino Lakes Ambassadors – Update on Activities and Introduction of Candidates 22 Citizen Life Saving Award Presentation 23 Allina Medical Life Saving Presentation 24 CONSENT AGENDA 25 Councilmember Ruhland moved to approve the Consent Agenda, Items 1A through 1H as 26 presented. Councilmember Lyden seconded the motion. Motion carried on a voice vote. 27 28 ITEM ACTION 29 Consideration of Expenditures: 30 A) July 26, 2021 (Check No. 114682 through 114780) in the 31 amount of $646,575.65 Approved 32 B) Consider Approval of July 6, 2021 Council 33 Work Session Minutes Approved 34 C) Consider Approval of July 12, 2021 Work Session Minutes Approved 35 D) Consider Approval of July 12, 2021 Council Minutes Approved 36 E) Consider Resolution No. 21- 79, American Legion Special Event 37 50th Wedding Anniversary Approved 38 COUNCIL MINUTES DRAFT 2 F) Consider Resolution No. 21-80, American Legion Special 39 Event Centennial Dance Approved 40 G) Consider Resolution No. 21-81, Living Waters Lutheran 41 Church Summer Outdoor Concert Series Approved 42 H) Consider Resolution No. 21-78, American Legion Special 43 Event, Lino Lakes Family Fun Days Approved 44 FINANCE DEPARTMENT REPORT 45 2A) Public Hearing – Providing Host Approval to the Issuance of Revenue Obligations by 46 the City of Bethel for the Benefit of Lyngblomsten of Lino Lakes, LLC: Consider Resolution 47 No. 21-77, Providing Host Approval to the Issuance of Revenue Obligations – Finance Director 48 Lynch explained that staff is recommending a resolution that provides approval for the City of 49 Bethel to host the issuance of revenue bonds for the Lyngblomsten project. The City is not 50 qualified to issue these bonds due to a previous issuance this year (Street Reconstruction Project). 51 52 Julie Eddington, Kennedy and Graven, responded to a question about expiration of the resolution; 53 any expiration could be determined by the council and added to the resolution. Councilmember 54 Stoesz said he isn’t concerned; no language change is called for in his opinion. 55 Councilmember Lyden noted that the financing is not tied to the tax increment financing element of 56 the project and that was confirmed by bond counsel. 57 Mayor Rafferty opened the public hearing. There being no one present wishing to speak, the public 58 hearing was closed. 59 A real estate company representative (for the project) updated the council on the proposed project 60 schedule. 61 Councilmember Lyden moved to approve Resolution No. 21-77 as presented. Councilmember 62 Cavegn seconded the motion. Motion carried on a voice vote. 63 ADMINISTRATION DEPARTMENT REPORT 64 3A) Consider Appointment of Police Officer – Human Resources Manager Lynch reviewed 65 her written report recommending the appointment of Samantha Bergeron to the position of police 66 officer. This would fill a vacant position in the department. She noted that Ms. Bergeron is 67 currently a CSO in the department. She will start at the first step of the wage schedule. 68 Councilmember Ruhland moved to approve the appointment of Samantha Bergeron as 69 recommended. Councilmember Lyden seconded the motion. Motion carried on a voice vote. 70 3B) Consider Approval of Resolution 21-83, Blue Heron Parade, Celebration of Freedom – 71 Administrator Cotton explained that staff is seeking approval of a resolution relating to a Blue 72 Heron Days Parade. She noted that a budget request is included (to be presented by 73 Councilmember Stoesz) as follows: 74 $3,500 budgeted Blue Heron Days funds, to be spent within Lino Lakes; 75 $3,500 from tourism funds; to be managed by the Quad Chamber of Commerce to bring in people 76 for the festivities. 77 COUNCIL MINUTES DRAFT 3 Mayor Rafferty recalled that the Blue Heron Days activities were largely cancelled last year due to 78 COVID restrictions. Now cities are opening up and festivals are occurring. Councilmember 79 Stoesz has taken a lead in bringing this forward. 80 The council discussed the need to allocate public safety services; Councilmember Stoesz suggested 81 that he understands that the department services will be handled without additional funding. 82 Councilmember Stoesz was asked about how marketing of the event will continue. He indicated 83 that he will be utilizing phone calls and other marketing tools and is confident it will be easier to 84 market once the event has been approved. 85 Councilmember Ruhland asked if there is an estimate of units anticipated; Councilmember Stoesz 86 suggested that he believes that 60 units are possible. 87 Councilmember Stoesz moved to approve Resolution No. 21-83 to include a budget of not to exceed 88 $3,500 from the City Blue Heron Days fund and $3,500 from the tourism outside budget. 89 Councilmember Ruhland seconded the motion. Motion carried on a voice vote. 90 PUBLIC SAFETY DEPARTMENT REPORT 91 There was no report from the Public Safety Department. 92 PUBLIC SERVICES DEPARTMENT REPORT 93 There was no report from the Public Services Department. 94 COMMUNITY DEVELOPMENT REPORT 95 6A) Lyngblomsten at Lino Lakes Addition: Consider: i. Resolution No. 20-94, Approving 96 PUD Final Plan/Final Plat; ii. Resolution No. 20-95, Development Agreement and PUD 97 Agreement; and iii. Resolution No. 21-82, Stormwater Re-Use Agreement – City Planner Larsen 98 reviewed a PowerPoint presentation that included information on the following: 99 - Land Use Application (PUD and Phase 1 of Senior Living Community); 100 - Past City consideration and approval; 101 - Site Location and Aerial Map; 102 - Project Review – Four Phases; 103 - Number of Housing Units Overall (223); 104 - Site Plan Comparison, May 2020 to July 2021 (mirror image); 105 - Three dimensional rendering; 106 - Transportation and Access (multi-jurisdictional discussions have occurred); 107 - Greenspace buffers (to existing neighborhoods); 108 - Architecture (rendering showing some changes called for by Planning and Zoning); 109 - Findings of Fact; 110 - Planning and Zoning Board recommendations; 111 - Requested council action. 112 COUNCIL MINUTES DRAFT 4 Councilmember Stoesz asked if there are plans for trails on both sides of Hodgson. City Planner 113 Larsen explained the current plans for the east side and noted an existing trail in the area. 114 Councilmember Lyden noted the tax increment financing involved in the project; what is the timing 115 on that? Community Development Director Grochala noted that a housing district was established in 116 2018 for everything north of the commercial area. There is a contract for private development from 117 2019 approved and now an amendment will be coming forward soon. 118 Councilmember Lyden asked what the City gets through this development. City Planner Larsen 119 noted development of a blighted site and implementation of a master plan. 120 Councilmember Ruhland asked about the buffer and Ms. Larsen gave more details. 121 Mayor Rafferty noted that it’s been a long time in the making and it’s nice to see what’s coming 122 forward. 123 Councilmember Lyden moved to approve Resolution No. 20-94, as presented. Councilmember 124 Ruhland seconded the motion. Motion carried on a voice vote. 125 Councilmember Cavegn moved to approve Resolution No. 20-95, as presented. Councilmember 126 Stoesz seconded the motion. Motion carried on a voice vote. 127 Councilmember Cavegn moved to approve Resolution No. 21-82, as presented. Councilmember 128 Ruhland seconded the motion. Motion carried on a voice vote. 129 UNFINISHED BUSINESS 130 There was no Unfinished Business. 131 132 NEW BUSINESS 133 There was no New Business. 134 135 COMMUNITY EVENTS 136 There were no events announced. 137 COMMUNITY CALENDAR 138 139 Community Calendar – A Look Ahead 140 July 26, 2021 through August 9, 2021 141 Wednesday, July 28 6:30 pm, Council Chambers Environmental Board 142 Monday, August 2 6:00 pm, Community Room Council Work Session 143 Wednesday, August 4 6:30 pm, Council Chambers Park Board 144 Thursday, August 5 8:00 am, Community Room EDAC 145 Monday, August 9 6:00 pm, Community Room Council Work Session 146 Monday, August 9 6:30 pm, Council Chambers City Council Meeting 147 148 ADJOURN 149 150 There being no further business, Councilmember Ruhland moved to adjourn at 7:33 p.m. 151 Councilmember Stoesz seconded the motion. Motion carried on a voice vote. 152 153 COUNCIL MINUTES DRAFT 5 These minutes were considered and approved at the regular Council Meeting on August 9, 2021. 154 155 156 157 158 Julianne Bartell, City Clerk Rob Rafferty, Mayor 159 160 CITY COUNCIL SPECIAL WORK SESSION DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 DATE : July 26, 2021 4 TIME STARTED : 7:45 p.m. 5 TIME ENDED : 9:30 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; Public Services Director Rick DeGardner; Community Development Director 11 Michael Grochala; City Engineer Diane Hankee; Director of Public Safety John Swenson; 12 City Clerk Julie Bartell 13 14 1. 2022 Draft Budget & Tax Levy – Finance Director Lynch said staff will present 15 a high level review of the 2022 budget with the intent that this would be a first discussion 16 of 2022 budget plans. She reviewed her written report: 17 18 - 39.43 tax rate approved last December for 2021 (actual certified tax rate was 40.1 19 due to changes at the county level); 20 - Page 6, Gap Analysis, at the bottom identifies a gap to keep a flat tax rate (39.4); 21 - Handout this evening indicates tax implication for certain valuations at different 22 tax rate scenarios; 23 24 Mayor Rafferty noted that the perspective of seeing the impact on property tax payers is 25 very helpful (the handout). 26 27 - Page 2, highlights the operating and debt levy and total proposed for 2022. 28 Accounting change was noted to cut out a transfer; 29 - General Fund Base Budget Increase (Page 11), excluding Others, looking at base 30 budget increase of $375,000 (mainly personnel related); 31 32 Councilmember Stoesz asked if there is any funding included for a community rec center; 33 Ms. Lynch said no. 34 35 - Paid On Call Firefighter wage increase may come forward but is not included; 36 - The 2022 adjustments requested is $830,000 as noted (by department) in the 37 report; 38 39 Mayor Rafferty noted the council’s discussions about adequate personnel for fire 40 department duties and the need to look at that wage. 41 42 Councilmember Stoesz asked about the Zoom PD item, is that something new? 43 Administrator Cotton said if it is included in the adjustments, is a new budget item. 44 CITY COUNCIL SPECIAL WORK SESSION DRAFT 2 45 Mayor Rafferty questioned the Alexandra House line item under the Public Safety budget 46 adjustments. Public Safety Director Swenson noted the services provided by the 47 Alexandra House shelter for women who are impacted by domestic violence. Mayor 48 Rafferty remarked that the City hasn’t provided funds previously; it’s important work but 49 it may be a better fit for county funding. 50 51 - Recreation and Special Events programming – highlighting what was cut during 52 COVID and what is currently not in budget; If the council would like to provide 53 certain events in the city in 2022, staff would recommend a .6 FTE recreation 54 programing position be included in the budget; warming house funding would 55 also have to be added if that service is desired; Federal funding is a possibility for 56 bringing back a position; 57 58 Councilmember Stoesz noted an increase in the WSB & Associates retainer and 59 suggested that figure should be going down. Community Development Director Grochala 60 noted that the retainer amount is strictly for in-house services. 61 62 - Capital Equipment Replacement – trying to move away from indebtedness and 63 toward operating levy funded. Ms. Lynch noted cuts agreed upon by staff before 64 this came forward; she noted the equipment requested; 65 - Mayor Rafferty asked about the cost noted of a police vehicle; he recalls the cost 66 at $56,000; staff explained the figure included now is an estimate and the cost of 67 the build-out is really not known at this point; Mayor Rafferty asked what the 68 Tahoe vehicle would be used for and Director Swenson noted that the Deputy 69 Director would drive this new vehicle and his vehicle would rotate down with one 70 being rotated out; the police vehicles are all used by the police staff. Mayor 71 Rafferty remarked that cross trained personnel have more gear and need more 72 room so, with some changes away from those duties, he wonders about using a 73 smaller police vehicle. Councilmember Lyden noted that the vehicle costs you 74 not just what you pay but what you will get from it when it is sold and he feels 75 - the Tahoe’s will make up the extra expense at sale. A councilmember noted that 76 there was an issue with rust (with the Ford vehicles) and Mayor Rafferty 77 explained that there is a better washing system in place to deal with the rust 78 question. Councilmember Cavegn recalled that the council approved the vehicles 79 because they saw the Tahoe as a better vehicle than the Explorers; 80 - Page 4, this year there is a request of 10% in funds for the Street Rehabilitation 81 Program based on the Pavement Management Program; 82 - Surface Water Fund - if a storm water management utility is approved, there 83 would be a revenue impact; 84 - Park and Trail Improvements – requesting the budgeted amount rise to $90,000 to 85 increase that program. Additional funding would allow more work based on 86 recommendations from the Park Board. Councilmember Stoesz asked if 87 extension of the Hodgson trail should be considered; Public Services Director 88 CITY COUNCIL SPECIAL WORK SESSION DRAFT 3 DeGardner noted that would be an excellent addition whoever it would be cost 89 prohibitive without something like a county project providing funding; 90 91 Councilmember Lyden noted that the numbers are tough. He received confirmation that 92 the pickle ball court funding has already been spent. 93 94 - Debt Levy – significant changes (street reconstruction is added); 95 - Some reserves are available – if used, Ms. Lynch said reserves should be used for 96 one-time costs only; $500,000 in General Fund reserves available; Common 97 Bond Funds available but that has been discussed for rec center funding; 98 - Transfers in – Cable funds coming in for the communications specialist. 99 100 In conclusion, Ms. Lynch said that staff brought forward a budget that continues city 101 services. 102 103 Councilmember Ruhland asked about the value increase projection? Ms. Lynch said 104 taxable market value increase estimate is 5.6 %, as provided by the County Assessor. 105 106 Councilmember Stoesz asked staff to forward a template of the handout so that he can 107 create additional scenarios. 108 109 Councilmember Ruhland asked about impact on the City’s bond rating if reserves are 110 utilized; Ms. Lynch suggested that the $500,000 use would leave the City still within its 111 reserve policy so shouldn’t impact the bond rating. 112 113 The council had a discussion about public works facilities. 114 115 Councilmember Lyden said he hasn’t voted for a tax increase. He would love to see staff 116 come back at 40.1% to see what it would look like. Ms. Lynch noted the final scenario in 117 the handout provided; it’s a $1.1 gap. 118 119 Staff is asking the council to provide direction on areas to cut. Councilmember Lyden 120 suggested that staff has a better knowledge and he’d like to receive their 121 recommendations. Administrator Cotton suggested that she’d recommend that staff have 122 the opportunity to present information on what is needed. Mayor Rafferty remarked that 123 he sees that staff is looking for guidance; he doesn’t think that 41 is an unrealistic number 124 based on the needs. Councilmember Lyden said he would like information on the tax 125 rate of other communities. Councilmember Cavegn suggested he could use more detail 126 on many of the items, noting fire services in particular and he also noted the half time 127 building inspector. 128 129 Councilmember Ruhland asked if the current drought conditions shouldn’t help get storm 130 water maintenance work done in an easier fashion. Staff will investigate. 131 132 CITY COUNCIL SPECIAL WORK SESSION DRAFT 4 Staff noted that the impact of adding the storm water utility would be revenue of 133 $300,000. 134 135 Councilmember Stoesz asked if contracting for park services is an option instead of 136 adding a position. Public Services Director DeGardner responded that it’s been 25 years 137 since a park maintenance position was added and it’s just a matter of needs and more 138 personnel I warranted. 139 140 Councilmember Lyden asked what staff needs on the budget right now. Ms. Lynch said 141 staff is getting information through this process; she asks if staff should produce a budget 142 book that includes the higher tax rate. Are there any assumptions the council would like 143 staff to incorporate (she noted the recreation questions and if the surface water fee should 144 be included even though it’s not approved, or the YMCA levy that could be changed). 145 146 Mayor Rafferty said two councilmembers have asked for a scenario that brings the rate 147 down to 40.1% and he asked if a 41.5% scenario would be an acceptable view. Ms. 148 Lynch remarked that with a flat tax rate, all the adjustments requested by staff would 149 basically be gone. Councilmember Lyden asked for a budget that maintains city services 150 but nothing else; Ms. Lynch said the 44.5% is that level. 151 152 Mayor Rafferty noted the storm water utility as a must and also funding the capital 153 program through reserves saving $250,000. The mayor asked for the pros and cons of 154 not purchasing the dump truck. Public Services Director DeGardner noted that the truck 155 proposed to be replaced has been identified by the City mechanic; it’s a specialized 156 vehicle and if it goes out of service, there is a real impact. Staff clarified that the mayor is 157 discussing the option of utilizing the $500,000 reserve fund for capital equipment funds 158 and including the dump truck purchase. Staff asked if the dump truck should be included 159 in the next round and the council concurred. 160 161 Administrator Cotton noted that there is no funding included for Blue Heron Days. She 162 recommends that funding be included if the council sees the need for 2022. 163 164 Councilmember Cavegn asked if there is a way to reduce smaller areas, noting recycling 165 costs, by just using less. Public Services Director DeGardner noted that management 166 staff works to reduce costs at all the time and in the normal course of their work and he 167 noted some recent cases. 168 169 Mayor Rafferty noted the Recreation Coordinator position; he suggested that 170 collaboration could be a good approach. Administrator Cotton suggested that if there 171 were staff at a new rec center, there should be opportunity to coordinate recreation 172 staffing with certain event planning functions. 173 174 Staff will take feedback received tonight and update the proposed budget and get that into 175 books. 176 177 CITY COUNCIL SPECIAL WORK SESSION DRAFT 5 Mayor Rafferty asked staff to provide additional information on American Rescue 178 funding possibilities. 179 180 2. Set Meeting Date for Next Budget Work Session 181 182 The council scheduled the next discussion for August 9th, following the regular council 183 meeting. 184 185 The meeting was adjourned at 9:30 p.m. 186 187 These minutes were considered, corrected and approved at the regular Council meeting held on 188 August 9, 2021. 189 190 191 192 193 Julianne Bartell, City Clerk Rob Rafferty, Mayor 194 195 CITY COUNCIL AGENDA ITEM 3A STAFF ORIGINATOR: Meg Sawyer MEETING DATE: August 9, 2021 TOPIC: Consider Appointment of Communication Specialist VOTE REQUIRED: 3/5 INTRODUCTION The City Council is being asked to approve the appointment of Andrea Turner to the newly created Communication Specialist position. BACKGROUND Staff has completed the recruitment process, provided a conditional offer, and is recommending the approval of Andrea Turner for the position. Andrea holds a Bachelor’s Degree in Business Administration from the University of North Dakota and has over 5 years of experience in communications and marketing. The hourly rate of pay would be $33.42, which is step 4 of the current wage schedule. With Council’s approval, Andrea would start in the position of Communications Specialist on September 1, 2021. RECOMMENDATION Approve the appointment of Andrea Turner to the Communications Specialist position. CITY COUNCIL AGENDA ITEM 3B STAFF ORIGINATOR: Meg Sawyer, Human Resources Manager MEETING DATE: August 9, 2021 TOPIC: Compensation Plan for Paid On-Call Fire Personnel i. Consider Resolution No. 21-84 Compensation Plan for Paid On-Call Fire Personnel VOTE REQUIRED: 3/5 INTRODUCTION The City Council is being asked to consider Resolution No. 21-84, an amendment to the Compensation Plan for Paid On-Call Fire Personnel. BACKGROUND In 2014, the City Council adopted Resolution No. 14-61, which established the compensation plan for paid on-call fire personnel. In 2016, the City Council adopted Resolution No. 16-97, which amended the compensation plan for paid on-call fire personnel, specifically the pre-service training hourly rate. At the time, this rate was below minimum wage. The League of Minnesota Cities issued guidance in 2017 that POC Firefighter Wages were not subject to the minimum wage law, and as such, the Paid On-Call Firefighter Compensation Plan has not been amended since. Staff has reviewed the starting hourly rates for paid-on call fire staff in the metro area. Starting hourly rates range from $10.25 to $16.88. Based on this review, and in an effort to continue to recruit and retain paid on-call fire personnel, staff is recommending an increase in the starting hourly rate of pay from $10.50 to $15.00. In addition, to continue to demonstrate the City of Lino Lakes’ commitment to continued professional development and the value of retaining an experienced workforce, staff is recommending an increase to the “years of service” wage bands as follows: Current Hourly Wage Recommended Hourly Wage Starting Wage $10.50 $15.00 Upon Completion of 5 Years of Service $13.50 $16.50 Upon Completion of 10 Years of Service $14.00 $17.08 Upon Completion of 15 Years of Service $14.50 $17.68 Upon Completion of 20 Years of Service $15.00 $18.29 The budget impact of the proposed amendments are approximately $12,000. Staff has included this in the 2022 proposed budget that will be reviewed by the Council during a Special Budget Work Session on August 9, 2021. Finally, if approved, staff is recommending that the wages of paid on-call fire personnel be reviewed on a biennial basis and that the City Council consider at that time whether an amendment is warranted. RECOMMENDATION Staff is recommending approval of Resolution No. 21-84 Compensation Plan for Paid On-Call Fire Personnel. ATTACHMENTS Resolution No.14-61 Resolution No. 16-97 CITY OF LINO LAKES RESOLUTION NO. 21-84 RESOLUTION AMENDING THE COMPENSATION PLAN FOR PAID ON-CALL FIRE PERSONNEL WHEREAS, the City of Lino Lakes has integrated fire services into the Public Safety Department; and WHEREAS, the wages and compensation of paid on-call fire personnel are a vital component of an effective recruitment and retention program; and WHEREAS, the City of Lino Lakes values a professional and engaged workforce. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes that the city hereby amends the compensation plan for paid on-call fire personnel, effective January 1, 2022: Firefighter Per Hour Wage Starting Wage $15.00 Upon completion of 5 years of service $16.50 Upon completion of 10 years of service $17.08 Upon completion of 15 years of service $17.68 Upon completion of 20 years of service $18.29 Fire Officers Monthly Stipend Fire Lieutenant $225.00 District Chief $300.00 FURTHERMORE, BE IT RESOLVED that staff will review the compensation plan for paid-on call fire personnel on a biennial basis (every two years) and the City Council will consider whether an amendment is warranted. Adopted by the City Council of the City of Lino Lakes this 9th day of August, 2021. The motion for the adoption of the foregoing resolution was introduced by Councilmember Cavegn and was duly seconded by Councilmember Ruhland and upon vote being taken thereon, the following voted in favor thereof: Cavegn, Ruhland, Stoesz, Lyden, Rafferty The following voted against same: None ______________________________ Rob Rafferty, Mayor ATTEST: _________________________________Julianne Bartell, City Clerk CITY OF LINO LAKES RESOLUTION NO. 14-61 RESOLUTION ESTABLISHING COMPENSATION PLAN FOR PAID ON-CALL FIRE PERSONNEL WHEREAS, the City of Lino Lakes has decided to integrate fire services into the Public Safety Department; and WHEREAS, the wages and compensation of paid on-call fire personnel is a vital component of an effective recruitment and retention program; and WHEREAS, the City of Lino Lakes values a professional and engaged workforce. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes that the city does hereby establish the compensation plan for paid on-call fire personnel as follow: Firefighter Per Hour Wage Pre -service training; Calls only not paid for hours in pre - service training 9.00 Upon completion of basic fire training 10. 50 Upon completion of EMT 12.00 Upon completion of 5 years of service 13.50 Upon completion of 10 years of service 14.00 Upon completion of 15 years of service 14.50 Upon completion of 20 years of service 15.00 Fire Command / Officer Monthly Stipend Fire Lieutenant 225.00 Station Chief / Deputy Chief 300.00 Adopted by the City Council of the City of Lino Lakes this 23rd day of June 2014. The motion for the adoption ofthe foregoing resolution was introduced by Council MemberKustermanandwasdulysecondedbyCouncilMemberanduponvote being taken thereon, the following voted in favor thereof: Kusterman, Roeser, Rafferty, Stoesz, REinert The following voted against same: none I 1... Jeff Reinert, or ATTEST: Ju ne Bartell, City C1$rk CITY OF LINO LAKES RESOLUTION NO. 16- 97 RESOLUTION AMENDING THE COMPENSATION PLAN FOR PAID ON-CALL FIRE PERSONNEL WHEREAS, the City of Lino Lakes has integrated fire services into the Public Safety Department; and WHEREAS, the wages and compensation of paid on-call fire personnel is a vital component of an effective recruitment and retention program; and WHEREAS, Resolution No. 14-61 established the compensation for paid on-call fire personnel; and WHEREAS, due to changes in the minimum wage law, the pre -service training hourly rate needs to be increased to be in compliance with state law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes that the City hereby amends the compensation plan for paid on-call fire personnel, effective August 1, 2016: Fire Fighter Per Hour Wage For calls during pre -service training 9. 50 Upon completion of the basic fire training (FFI &FFII) 10.50 Upon completion of EMT 12.00 Upon completion of 5 years of service 13.50 Upon completion of 10 years of service 14.00 Upon completion of 15 years of service 14.50 Upon completion of 20 years of service 15.00 Fire Command/ Officer Monthly Stipend Fire Lieutenant 225.00 Station Chief/ Deputy Chief 300.00 Adopted by the City Council of the City of Lino Lakes this 25th day of July 2016. The motion for the adoption of the foregoing resolution was introduced by Council Member Rafferty and was duly seconded by Council Member Maher and upon vote being taken thereon, the following voted in favor thereof: Rafferty, Maher, Manthey, Kusterman The following voted against same: none AT I'EST: e Bartell, Ci Cler JeffReinert, Ma • r CITY COUNCIL AGENDA ITEM 6A STAFF ORIGINATOR: Michael Grochala MEETING DATE: August 9, 2021 TOPIC: Public Hearing. Consider 1st Reading Ordinance No. 07-21, Establishing a Storm Water Utility VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council consideration to establish a Storm Water Utility. BACKGROUND The City of Lino Lakes owns and operates a Storm Water Management System comprised of pipes, ditches, ponds, catch basins, manholes and other structural and non-structural Best Management Practices (BMP’s). The purpose of this system is to safely and efficiently convey and treat storm water runoff that results from the creation of impervious surfaces. Since 2003, in compliance with the provisions of the Federal Clean Water Act; Minnesota Statues Chapters 115 and 116, and Minnesota Rules Chapter 7001, the City of Lino Lakes has been required to develop and implement a Storm Water Pollution Prevention Program (SWPPP). The SWPPP must satisfy the State of Minnesota’s General Permit requirements authorizing the City’s discharge of storm water associated with municipal separate storm sewer systems. The storm water program for Municipal Separate Storm Sewer Systems (MS4’s) is designed to reduce the amount of sediment and pollution that enters surface and ground water from storm sewer systems to the maximum extent practicable. The City’s Storm Water Pollution Prevention Program includes: (1)The Best Management Practices (BMP's) that it will implement for each of the six (6) storm water minimum control measures required by the General Permit includes:Public Education, Public Participation and Involvement, Illicit Discharge Detectionand Elimination, Construction Site Storm Water Runoff Control; Post-constructionStorm Water Management; Pollution Prevention and Good Housekeeping. (2)Measurable goals for each of the BMP's, including, as appropriate, the months and years in which the City will undertake required actions, including interim milestonesand frequency of the action in the narrative;(3)Estimated yearly timelines in which the City will implement each BMP; and,(4)Person(s) responsible for implementing and/or coordinating each component of the Phase II Storm Water Program. The costs of operating this system are currently funded by property taxes. As a result of federal requirements, implementation of the SWPPP and aging infrastructure, costs for management of the storm water system have continued to increase. The City Council has been reviewing the potential of adopting a Storm Water utility with revenues dedicated solely to funding storm water related activities. The City Council authorized preparation of a storm water utility feasibility study in January of 2021. The report was presented to the City Council on July 6, 2021. ANALYSIS The Minnesota Legislature authorized local governments to create “storm water utilities” (Minnesota Statutes section 444.075) in 1983. Funds obtained through a storm water utility fee must be dedicated to the purpose for which they were obtained. This allows a community to fund programs necessary to meet local needs and federal and state requirements for storm water management. Establishment of a utility has become more common with implementation of the federal storm water management requirements. Nearby communities that operate a storm water utility include Blaine, Shoreview, Centerville, and Circle Pines. The basic premise behind the storm water utility is that users pay including tax exempt properties. Charges are based on the volume of storm water runoff and land use, not property value. The base unit represents a single family residential home. Multi-family, commercial, industrial, and institutional properties are assigned a fee based on the number of acres of impervious surface on the property. The proposed quarterly cost for a residential parcel (including single family, duplex, townhome and rural residential properties) is $12.00 which equates to $48.00 per year. Nonresidential properties including multi-family apartments, commercial, industrial, and institution properties will be charged a quarterly fee of $175 per acre of impervious (hard) surface. The utility rates are proposed to become effective January 1, 2022. Budget The City currently spends an estimated $380,000 annually on storm water management, which is funded by property taxes. The Storm Water Utility budget is estimated at $579,200 and includes approximately $199,000 in additional funding to meet current needs. These needs include an increase of $78,000 in improvement funding and $61,000 annually for equipment debt service. Credit Policy The Storm Water Utility feasibility study included proposed procedural requirements for obtaining credits. Fees may be adjusted for multi-family apartment buildings, commercial, industrial, and institutional uses that have onsite, privately maintained BMP’s and that meet City requirements and enter into a maintenance agreement with the City. A maximum 25% credit is available for qualifying properties. There is no proposed credit for single family residential uses. Summary of Storm Water Utility Benefits • The City operates a storm water management system and there is a cost to maintaining that system. • There are mandated Federal and State storm water program requirements all cities must meet. • City residents already pay for these costs through property taxes. The Storm Water Utility is just a different method. • The Council maintains control over the storm water management budget. • The Council approves the storm water utility budget and the projects each year. • A separate storm water utility budget makes expenditures more transparent for City residents. • The utility will NOT fund construction of improvements for new development. • The storm water utility is more equitable to all users– the more storm water runoff a property contributes to the system the more the property pays resulting in lower costs for single family residences. Representatives from WSB and Associates, the City’s consulting engineering, will be present at the meeting to provide an overview of the utility and address questions. Consideration of a resolution establishing the credit policy will follow approval of the Storm Water Utility. RECOMMENDATION Hold public hearing. Adopt 1st Reading of Ordinance No. 07-21. ATTACHMENTS 1. Ordinance No. 07-21 2. WSB Storm Water Feasibility Report 1st Reading: Publication: 2nd Reading: Effective: Council Member ________________ moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 07- 21 AN ORDINANCE ESTABLISHING A STORMWATER UTILITY IN THE CITY OF LINO LAKES AND AMENDING ORDINANCE NO. 07-20 (THE 2021 FEE SCHEDULE) TO INCLUDE STORM WATER UTILITY FEE RATES The City Council of Lino Lakes ordains: Section 1. Chapter 404 of the City Code is hereby established as follows: § 404.01 FINDINGS The City Council of the City of Lino Lakes recognizes that the control and regulation of storm water drainage is necessary to protect the environment and the public health safety and welfare. The Council hereby finds that: (1) In the exercise of its governmental authority the City has constructed, operated, and maintained a storm water system; and (2) It is necessary and desirable to provide a method of recovering the future costs of improving, maintaining, and operating the system by establishing a program of user charges; and (3) In imposing charges, it is necessary to establish a methodology that undertakes to make them just and equitable to assign responsibility for some or all of the future costs of operating, maintaining, and improving the system on the basis of the expected storm water runoff from the various parcels of land with the City; and (4) Assigning costs and making charges based upon impervious coverage can only be accomplished within reasonable and practical limits. The provisions of this section establishes a reasonable and practical methodology from making such charges § 404.02 GENERAL OPERATION (1)The City of Lino Lakes storm water system shall be operated as a public utility (hereinaftercalled the “Storm Water Utility” or “Utility”), pursuant to Minnesota Statute Section 444.075, from which revenues will be derived subject to the provisions of this Chapter and Minnesota Statutes. (2)The storm water system consists of lift stations, catch basins and manholes, collectionpiping, forcemain, storage tanks and ponds, structural and non-structural BMP’s (Best Management Practices), and associated appurtenances located within public right-of-way and/or dedicated easements. (3)The Storm Water Utility shall fund the operation, maintenance, repair, and replacement ofthe storm water system. (4)The Storm Water Utility shall not be used to fund expansion of the system to accommodatenew development. (5)The city shall, as part of its annual budget process, adopt an operating budget for the Storm Water Utility for the next fiscal year. The operating budget shall be prepared in conformance with the state budget law, city policy, and generally accepted accounting practices. § 404.03 DEFINITIONS Best Management Practice (BMP). A storm water practice used to provide water quality treatment or manage storm water runoff. Examples include storm ponds, infiltration basins, rain gardens, etc. Impervious Surface. A compacted surface or a surface covered with material (i.e., gravel, asphalt, concrete, Class 5, etc.) that increases the depth of runoff compared to natural soils and land cover. Including but not limited to roads, driveways, parking areas, sidewalks and trails, patios, tennis courts, basketball courts, swimming pools, building roofs, covered decks, and other structures Storm Water Utility Fee. The charge developed for each parcel of land pursuant to this chapter, charged quarterly. Annual Utility Revenue. The revenue amount equal to the estimated annual expenditures for planning and inventories, capital expenditures, personnel and equipment and operation of the storm water utility, in accordance with established City of Lino Lakes policy. § 404.04 STORM WATER UTILITY FEES (1)Storm Water Utility Fees shall be established for a period of time as set by City CouncilOrdinance. The City Administrator shall annually review rates and make recommendations to the Council for adjustments in the rates and other charges. Such recommendations to the council regarding rate adjustment shall be based upon annual report of the operations of the utility, including an account of all monies or revenue received and disbursed, together with a working budget estimate of the needs of the utility. (2)Determination. The storm water utility fee shall be determined based on the totalimpervious surface coverage throughout the City. Exempt land uses shall be excluded from the computations. The proportion of residential and non-residential impervious coverages shall be calculated. The total residential fee and non residential fee is determined using the respective impervious proportion and the Annual Utility Revenue. (3)Residential Fee. The residential fee is charged per parcel to those parcels with SingleFamily Residential, Multi-Family Residential, and Rural Residential land uses. This includes single family, duplexes, and townhomes. This does not include Multi-family buildings consisting of 3 or more units where one or more of the units does not have primary ground floor access to the outside. (4)Non-Residential Fee. The non-residential fee is charged per acre of impervious surface tothose parcels with Airport, Commercial, Government Facilities, House of Worship, Industrial, Schools, and Utility land uses. Multi-family buildings consisting of three or more units where one or more of the units does not have primary ground floor access to the outside. are included in this grouping. § 404.05 CREDITS The Council may adopt policies, by resolution, for adjustment of the Storm Water Utility Fees. Information to justify a credit adjustment must be supplied by the property owner. Such adjustments of fees shall not be retroactive. Credits will be reviewed by City Staff. § 404.06 EXEMPTIONS The following land uses are exempt from the storm water management fee: (1)Public Road Right-of-Way (2)Lakes (3)Wetlands (4)Permanent Open Space or land covered by a conservation easement (5)Agricultural properties with no residence (6)Cemeteries (7)Vacant Land (8)City and County Public Parkland (9)Other parcels, such as those owned by entities that are MS4 permittees, asdetermined on a case by case basis as determined by the City. § 404.07 PAYMENT OF FEE Storm Water Utility Fees shall be billed quarterly. Properties that are not connected to City sanitary sewer and/or water system will be billed annually. The fee shall be due and payable under the same terms as water and sanitary sewer utility bills. Any prepayment or overpayment of charges shall be retained by the City of Lino Lakes and applied against subsequent fees. § 404.08 APPEAL OF FEE If a property owner or person responsible for paying the Storm Water Utility fee believes that a particular assigned fee is incorrect, such a person may request that the fee be reviewed. § 404.09 PENALTY FOR LATE PAYMENT Each billing for storm water utility fees not paid when due shall incur a penalty charge of tenpercent (10 percent) per billing cycle of the amount past due. § 404.10 CERTIFICATION OF PAST DUE FEES ON TAXES Each year the City Clerk shall prepare a list of delinquent Storm Water Utility Fee accounts for certification to the County Auditor. The list shall be in the form of an assessment roll and include the amount due, accrued penalties thereon and an administrative fee established by council resolution, together with the legal description of the premises served. The City Council shall annually review the delinquent water service charge assessment roll and adopt an appropriate resolution directing that the assessment roll be certified to the County Auditor as a lien against the premises served and directing that the County Auditor collect the assessment as part of the ensuing year’s tax levy. Section 2. Amendment of Fee Schedule Approved Pursuant to § 404.04 Ordinance No. 07-20 (The 2021 Fee Schedule) is hereby amended to include the following rates effective January 1, 2022: Storm Water Utility Fee Rates Land Use Quarterly Base Rate Residential $12.00 per parcel Non – Residential $175.00 per acre of impervious Section 3. Effective Date This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Adopted by the Lino Lakes City Council this ___ day of ____, 2021. The motion for the adoption of the foregoing ordinance was duly seconded by Council Member ___ and upon a vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said ordinance was declared duly passed and adopted. _____________________ Rob Rafferty, Mayor ATTEST: __________________________ Julianne Bartell, City Clerk STORM WATER UTILITY REPORT LINO LAKES, MN JUNE 30, 2021 Prepared for: City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 WSB PROJECT NO. 017518-000 STORM WATER UTILITY REPORT Storm Water Utility Report Title Page City of Lino Lakes, MN WSB Project No. 017518-000 STORM WATER UTILITY REPORT FOR THE CITY OF LINO LAKES, MN JUNE 30, 2021 Prepared By: CERTIFICATION Storm Water Utility Report Certification City of Lino Lakes, MN WSB Project No. 017518-000 I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly licensed professional engineer under the laws of the State of Minnesota. Jake Newhall, PE Date: June 30, 2021 Lic. No. 49170 TABLE OF CONTENTS Storm Water Utility Report Table of Contents City of Lino Lakes, MN WSB Project No. 017518-000 TITLE SHEET CERTIFICATION SHEET TABLE OF CONTENTS 1. INTRODUCTION ............................................................................................................. 1 2. STORM WATER UTILITY FUNDING NEEDS ................................................................. 2 2.1 Eligible Expenses................................................................................................. 2 2.2 Needs Analysis .................................................................................................... 2 3. STORM WATER UTILITY FEE DETERMINATION ......................................................... 3 3.1 Land Use & Impervious Coverage Determination................................................. 3 3.2 SWU Fees & Estimated Revenue ........................................................................ 3 3.3 Credits and Adjustments ...................................................................................... 4 3.3.1 Stormwater Retention (Infiltration or Filtration).......................................... 4 3.3.2. Water Quality Facility................................................................................ 4 3.4 SWU Comparison ................................................................................................ 5 4. RECOMMENDED ORDINANCE LANGUAGE ................................................................ 7 4.1 Ordinance Language ........................................................................................... 7 4.1.1 General Operation .................................................................................... 7 4.1.2 Findings and Determinations .................................................................... 7 4.1.3 Definitions ................................................................................................ 7 4.1.4 Storm Water Utility Fee ............................................................................ 7 4.2 Resolution Language ........................................................................................... 8 Appendix A Figure 1 – Existing Land Use Figure 2 – Proposed Fees Figure 3 – New Utility Accounts Storm Water Utility Report City of Lino Lakes, MN WSB Project No. 017518-000 Page 1 1. INTRODUCTION The City of Lino Lakes (City) desires to be just and equitable in their imposition of storm water utility (SWU) charges. The City is able to charge properties for the current and future costs of operating, maintaining, and improving the City stormwater system based on the expected stormwater runoff during a standard rainfall event. The expected runoff is largely dependent on the amount of impervious, or hard surface, area on a parcel. The City desires to charge residential parcels a flat fee, while charging parcels of other land uses a fee based on the specific impervious coverage of each parcel. The residential base fee was determined based on the proportion of total impervious area on residential parcels. The non-residential base fee was set to cover the remainder of the anticipated SWU budget. Storm Water Utility Report City of Lino Lakes, MN WSB Project No. 017518-000 Page 2 2. STORM WATER UTILITY FUNDING NEEDS 2.1 Eligible Expenses Eligible expenses under the City’s SWU fund may include, but are not limited to, the following activities: • Maintenance and repair of the City’s stormwater system, including stormwater structures, pipes, inlets, and outlets. • Maintenance and dredging of the City’s stormwater basins. • Televising the City’s storm sewer. • Engineering, staff training, educational programs, and other relevant expenses required to comply with the City’s NPDES MS4 permit (through the MPCA). • Construction of new stormwater systems and replacement of existing stormwater systems. • Erosion and sedimentation control inspections. • Street sweeping. • Stormwater asset management programs. • Administration of the SWU Fund. • Preparation of and revision to the City’s SWU report. • Updates to the City’s Local Surface Water Management Plan. • Flooding or water quality improvements. • Slope stabilization improvements. • Studies, programs, and capital improvements as outlined by the City. Additionally, the City Council has the authority to determine whether specific expenses are eligible to be funded by the SWU fund. 2.2 Needs Analysis The City anticipates average expenses from the SWU as outlined in Table 1. Table 1: Average Budgeted Expenses Expense Category Annual Projection* Personnel $183,200 Street Sweeping and Repairs $50,000 Engineering including studies, reports, and MS4 compliance $60,000 Ditch, Pond, and Pipe Maintenance and Cleaning $195,000 Equipment $61,000 Public Education and Training (NPDES) $10,000 Materials and Miscellaneous Supplies $20,000 TOTAL $579,200 *Does not account for inflation or regulatory changes Storm Water Utility Report City of Lino Lakes, MN WSB Project No. 017518-000 Page 3 3. STORM WATER UTILITY FEE DETERMINATION This section outlines the methodology to determine a just and equitable SWU fee that meets the City’s needs to maintain and improve their storm water system. In general, parcels with higher percentages of impervious surface, which generate larger volumes of stormwater runoff, will be charged higher fees. 3.1 Land Use & Impervious Coverage Determination A combination of the City’s existing (2017) land use designations, (2020) Anoka County aerial imagery, and the most recent (2021) parcel data was used to determine the 2021 existing land use designations for each parcel (Figure 1). Impervious areas throughout the City were digitized, based on (2017) USDA Farm Service Agency and (2020) Anoka County aerial imagery. From this, the impervious area was computed for each parcel. 3.2 SWU Fees & Estimated Revenue The SWU fee was determined for each parcel based on land use and impervious coverage. Land uses fall into one of three categories, residential, non-residential, and exempt. Residential parcels (single family, multi-family, and rural residential) are all charged per parcel at the residential base fee. The residential base fee is computed as follows: 𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅 𝐵𝐵𝑅𝑅𝑅𝑅𝑅𝑅 𝐹𝐹𝑅𝑅𝑅𝑅= 𝐼𝐼𝐼𝐼𝐼𝐼𝑅𝑅𝐼𝐼𝐼𝐼𝑅𝑅𝐼𝐼𝐼𝐼𝑅𝑅 𝑅𝑅𝐼𝐼𝑅𝑅𝑅𝑅 𝐼𝐼𝑅𝑅 𝐼𝐼𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅 𝐼𝐼𝑅𝑅𝐼𝐼𝑝𝑝𝑅𝑅𝑅𝑅𝑅𝑅𝑇𝑇𝐼𝐼𝑅𝑅𝑅𝑅𝑅𝑅 𝑅𝑅𝐼𝐼𝐼𝐼𝑅𝑅𝐼𝐼𝐼𝐼𝑅𝑅𝐼𝐼𝐼𝐼𝑅𝑅 𝑅𝑅𝐼𝐼𝑅𝑅𝑅𝑅 ∗𝐴𝐴𝑅𝑅𝑅𝑅𝐼𝐼𝑅𝑅𝑅𝑅 𝑏𝑏𝐼𝐼𝑅𝑅𝑏𝑏𝑅𝑅𝑅𝑅𝑁𝑁𝐼𝐼𝐼𝐼𝑏𝑏𝑅𝑅𝐼𝐼 𝐼𝐼𝑜𝑜 𝐼𝐼𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅 𝐼𝐼𝑅𝑅𝐼𝐼𝑝𝑝𝑅𝑅𝑅𝑅𝑅𝑅 Non-residential parcels are charged per acre of impervious area on each individual parcel. The non-residential base fee is computed as follows: 𝑁𝑁𝐼𝐼𝑅𝑅−𝐼𝐼𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅 𝑏𝑏𝑅𝑅𝑅𝑅𝑅𝑅 𝑜𝑜𝑅𝑅𝑅𝑅= (𝐴𝐴𝑅𝑅𝑅𝑅𝐼𝐼𝑅𝑅𝑅𝑅 𝑏𝑏𝐼𝐼𝑅𝑅𝑏𝑏𝑅𝑅𝑅𝑅− 𝐴𝐴𝑅𝑅𝑅𝑅𝐼𝐼𝑅𝑅𝑅𝑅 𝑜𝑜𝑅𝑅𝑅𝑅 𝑜𝑜𝐼𝐼𝐼𝐼𝐼𝐼 𝐼𝐼𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅 𝐼𝐼𝑅𝑅𝐼𝐼𝑝𝑝𝑅𝑅𝑅𝑅𝑅𝑅)𝑇𝑇𝐼𝐼𝑅𝑅𝑅𝑅𝑅𝑅 𝑅𝑅𝐼𝐼𝐼𝐼𝑅𝑅𝐼𝐼𝐼𝐼𝑅𝑅𝐼𝐼𝐼𝐼𝑅𝑅 𝑅𝑅𝐼𝐼𝑅𝑅𝑅𝑅 𝐼𝐼𝑜𝑜 𝑅𝑅𝐼𝐼𝑅𝑅−𝐼𝐼𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅 𝐼𝐼𝑅𝑅𝐼𝐼𝑝𝑝𝑅𝑅𝑅𝑅𝑅𝑅 The minimum non-residential base fee is equal to the residential base fee ($12 per parcel per quarter). Therefore, the computed fee was adjusted to account for the increase in expected revenue due to the minimum fee and the decrease in expected revenue due to anticipated credits as described in Section 3.3. Note that in both residential and non-residential computations, parcels that are exempt from the SWU fee are not included in the calculations. The proposed fee for each land use is shown in Table 2. The proposed residential base fee is $12 per quarter or $48 per year. The proposed non-residential base fee is $175 per impervious acre per quarter or $700 per impervious acre per year, with a minimum fee equal to the residential base fee. With the existing land use and parcel designations, this framework is anticipated to generate approximately $583,000 for the City’s SWU fund (if all existing best management practices (BMPs) are leveraged to receive a credit, as described in Section 3.3, the total revenue generated would be reduced by approximately $35,500). Figure 2 shows the proposed SWU fee by parcel. Figure 3 shows the parcels with proposed SWU fees that are not currently paying a utility fee and would generate a new utility billing account. Storm Water Utility Report City of Lino Lakes, MN WSB Project No. 017518-000 Page 4 Table 2: Proposed SWU Fees Land Use Total Parcels Base Fee Annual Fee per Land Use Single Family Residential 4899 $12.00/parcel $235,152.00 Multi-Family Residential 813 $39,024.00 Rural Residential 1461 $70,128.00 Airport 4 $175/ac impervious $928.39 Cemetery 8 $708.12 Commercial 86 $68,405.06 Government Facilities 10 $11,209.46 House of Worship 7 $19,116.84 Industrial 71 $107,599.02 Schools 6 $28,749.70 Utility 39 $2,282.46 Agricultural 156 Exempt N/A City Park and Recreation 76 County Park and Recreation 194 Open Space/Conservation 206 Open Water 1 Roadway Rights-of-Way 16 Vacant 582 3.3 Credits and Adjustments SWU fees may be adjusted for properties that have onsite, privately maintained BMPs and meet the criteria below. A maximum 25% credit is available per property. 3.3.1 Stormwater Retention (Infiltration or Filtration) If a BMP has been constructed that retains or filters the first inch of runoff from the impervious surfaces on a parcel(s), those parcel(s) are eligible for a 25% credit. A partial credit may be received based on lesser treatment (i.e., retaining or filtering 50% of the first inch of runoff would receive a 12.5% credit). This credit is available only for non-residential land uses. 3.3.2. Water Quality Facility If a parcel has a BMP that was constructed specifically to provide water quality treatment, it is eligible for a credit. A 25% credit is applicable if the BMP was designed to achieve NURP treatment (40-60% Total Phosphorus (TP) and 80-90% Total Suspended Solids (TSS) removal). A partial credit may be received based on lesser treatment (i.e., providing 50% of NURP treatment would receive a 12.5% credit). This credit is available only for non-residential land uses. All properties eligible for a SWU fee credit are required to enter into a maintenance agreement with the City. The agreement shall define the entity responsible for maintenance and the type and frequency of maintenance required. To maintain their credit, all stormwater facilities shall be inspected annually and maintained in proper condition consistent with the performance standards for which they were originally designed. Storm Water Utility Report City of Lino Lakes, MN WSB Project No. 017518-000 Page 5 To be considered for a credit, property owners must submit documentation to the City demonstrating that the criteria for a credit has been met. Additionally, an adjustment may be allowed to the SWU fee for a parcel if the property owner can demonstrate that less impervious surface is present on the parcel than is reflected by the current rate. To be considered for an adjustment, property owners must submit an exhibit to the City documenting the total area of impervious surface on the parcel. Impervious surface includes pavement, roofs, water (swimming pools), gravel, and any other surface that prevents water from infiltrating into the ground. 3.4 SWU Comparison SWU fees and the way they are administered vary by municipality. Lino Lake’s proposed SWU fee falls within the range of nearby and comparison cities as shown in Tables 3 and 4 for single family parcels and intuitional/industrial/commercial parcels, respectively. The SWU fees in Tables 3 and 4 are based on information obtained from the comparison Cities’ utility billing information and City code, as determined via a phone call with the Finance Department or published on their respective websites and accessed between March and June 2021. These fees are subject to change and their accuracy is not guaranteed. Table 3: Single Family SWU Comparison Municipality SWU Fee (per quarter) Lino Lakes $12.00 Arden Hills $15.16 Blaine $10.00 Centerville $13.95 Circle Pines $24.00 Mounds View $14.00 Shoreview $33.27 Although the non-residential Lino Lakes SWU fee is charged per acre of impervious, the average SWU fee per acre is shown below in Table 4 for Institutional (Schools and House of Worship), Industrial, and Commercial land uses to more easily compare with surrounding Cities. It is important to note that the fee shown for individual land uses in Lino Lakes is an average for comparison’s sake. Each parcel will be charged based on actual impervious coverage. Storm Water Utility Report City of Lino Lakes, MN WSB Project No. 017518-000 Page 6 Table 4: Institutional, Industrial, and Commercial SWU Comparison1 Municipality Land Use SWU Fee (per quarter) Lino Lakes All land uses $175.00/ac impervious ($12.00 minimum per parcel) Arden Hills All land uses $193.18/ac Blaine Institutional $34.90/ac Industrial $84.40/ac Commercial $105.30/ac Centerville All land uses $174.50/ac impervious ($13.95 minimum per parcel) Mounds View Institutional $42.72/ac Industrial $92.83/ac Commercial $118.90/ac Shoreview All land uses $278.12/ac 1Circle Pines is not included because their fee is based on Residential Equivalency factors that are assigned individually to each parcel. Example: 5 acre industrial parcel with 75% impervious would be: Lino Lakes: $656.25 Arden Hills: $965.90 Blaine: $422 Centerville: $654.38 Mounds View: $464.15 Shoreview: $1390.60 Example: 5 acre industrial parcel with 60% impervious would be: Lino Lakes: $525 Arden Hills: $965.90 Blaine: $422 Centerville: $523.50 Mounds View: $464.15 Shoreview: $1390.60 Example: 5 acre industrial parcel with 45% impervious would be: Lino Lakes: $393.75 Arden Hills: $965.90 Blaine: $422 Centerville: $392.63 Mounds View: $464.15 Shoreview: $1390.60 Storm Water Utility Report City of Lino Lakes, MN WSB Project No. 017518-000 Page 7 4. RECOMMENDED ORDINANCE LANGUAGE The following language and exhibit can be incorporated into City ordinances to adopt and enact the SWU fee. 4.1 Ordinance Language 4.1.1 General Operation The city stormwater system shall be operated as a public utility and convenience from which revenue will be derived, subject to the provisions of this chapter. 4.1.2 Findings and Determinations In providing for such charges, the findings and determinations are as follows: 1) In the exercise of its governmental authority and in order to promote the public health, safety, convenience and general welfare, the City has constructed, operated, and maintained a stormwater system. This section is adopted in the further exercise and authority and for the same purpose; 2) It is necessary and desirable to provide a method of recovering the future costs of improving, maintaining, and operating the system by establishing a program of user charges; 3) In imposing charges, it is necessary to establish a methodology that undertakes to make them just and equitable to assign responsibility for some or all of the future costs of operating, maintaining, and improving the system on the basis of the expected storm water runoff from the various parcels of land within the City; and 4) Assigning costs and making charges based upon impervious coverage can only be accomplished within reasonable and practical limits. The provisions of this section establishes a reasonable and practical methodology for making such charges. 4.1.3 Definitions For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. STORM WATER UTILITY FEE. The charge developed for each parcel of land pursuant to this chapter, charged quarterly. IMPERVIOUS SURFACE. A hard surface which prevents or restricts the infiltration of water into the soil. Impervious surface includes pavement, roofs, water (swimming pools), and gravel. BEST MANAGEMENT PRACTICE (BMP). A stormwater practice used to provide water quality treatment or manage stormwater runoff. Examples include ponds, infiltration basins, rain gardens, etc. 4.1.4 Storm Water Utility Fee 1) Determination. The storm water utility fee was determined based on the impervious surface coverage throughout the City. First, exempt land uses (see #4 below) were excluded from the computations. Then, the proportion of residential impervious coverage was determined. The total residential fee was determined using this proportion and the expected storm water utility budgeted expenses. Finally, the remainder of the expected storm water utility budget will be funded by the total non-residential fee. 2) Residential Fee. The residential fee is charged per parcel to those parcels with Single Family Residential, Multi-Family Residential, and Rural Residential land uses. This includes single family, duplexes, and townhomes. This does not include Multi-family apartments where the owner pays the utility bills. Storm Water Utility Report City of Lino Lakes, MN WSB Project No. 017518-000 Page 8 3) Non-Residential Fee. The non-residential fee is charged per acre of impervious surface to those parcels with Airport, Cemetery, Commercial, Government Facilities, House of Worship, Industrial, Schools, and Utility land uses. Multi-family apartments where the owner pays the utility bills are included in this grouping. 4) Exemptions. Those parcels with Agricultural, City Park and Recreation, County Park and Recreation, Open Space/Conservation, Open Water, Roadway Rights-of-Way, and Vacant land uses are exempt from the storm water utility fee. Parcels of other land uses may be exempt on a case-by-case basis as determined by the City. For example, the Correctional Facility is exempt because it is its own MS4. 5) Credits. If a Best Management Practice (BMP) has been constructed that retains or filters the first inch of runoff from the impervious surfaces on a parcel(s), those parcel(s) are eligible for a 25% credit. A partial credit may be received based on lesser treatment (i.e., retaining or filtering 50% of the first inch of runoff would receive a 12.5% credit). If a parcel has a BMP that was constructed specifically to provide water quality treatment, it is eligible for a credit. A 25% credit is applicable if the BMP was designed to achieve NURP treatment (40-60% Total Phosphorus (TP) and 80-90% Total Suspended Solids (TSS) removal). A partial credit may be received based on lesser treatment (i.e., providing 50% of NURP treatment would receive a 12.5% credit). These credits are available only for non-residential land uses. 6) Establishment. The residential and non-residential storm water utility fee may be set and established for a period of time as decided by City Council resolution. The fee shall be payable quarterly. 4.2 Resolution Language The following can be included in a City Council resolution to establish the storm water utility fee. Land Use Base Fee Single Family Residential $12.00/parcel Multi-Family Residential Rural Residential Airport $175/ac impervious Cemetery Commercial Government Facilities House of Worship Industrial Schools Utility Agricultural Exempt City Park and Recreation County Park and Recreation Open Space/Conservation Open Water Roadway Rights-of-Way Vacant In addition to this table, the City has a GIS file and spreadsheet of the land use designation and impervious coverage for each parcel within the City. Storm Water Utility Report City of Lino Lakes, MN WSB Project No. 017518-000 APPENDIX A Figure 1 – Existing Land Use Figure 2 – Proposed Fees Figure 3 – New Utility Accounts City Council Meeting CITY OF LINO LAKES STORM WATER UTILITY | August 9, 2021 1 Storm Water Utility 2 History and Why History •City investigated funding options in 2006 •City considered a utility fee in 2010 when initial study was completed •2021 study (currently) to further evaluate the funding needs and options for implementing a utility fee Why a fee, and why now? •To have a fund dedicated for the operation and maintenance of the City stormwater system •Much of this infrastructure was installed 25+ years ago and requires maintenance and upgrades 3 Eligible Expenses •Maintenance and repair of the City’s stormwater system •Maintenance and dredging of the City’s stormwater basins •Televising the City’s storm sewer •Engineering, staff training, educational programs, and other relevant expenses required to comply with the City’s NPDES MS4 permit (through the MPCA) •Construction of new stormwater systems and replacement of existing stormwater systems •Erosion and sedimentation control inspections •Street sweeping •Stormwater asset management programs •Preparation of and revision to the City’s SWU report •Updates to the City’s Local Surface Water Management Plan •Flooding or water quality improvements •Slope stabilization improvements •Studies, programs, and capital improvements as outlined by the City •Administration of the SWU Fund 4 Projected Budgeted Expenses 5 Expense Category Annual Projection Personnel $183,200 Street Sweeping and Repairs $50,000 Engineering including studies, reports, and MS4 compliance $60,000 Ditch, Pond, and Pipe Maintenance and Cleaning $195,000 Equipment $61,000 Public Education and Training (NPDES)$10,000 Materials and Miscellaneous Supplies $20,000 Total Expenses $579,200 Methodologies to Determine Utility Fee •Residential Equivalency Factor •Impervious Coverage Method 6 7 Existing Land Use Designations Average Existing Non- Wetland Impervious Percent Max Impervious Percent (Zoning) Agricultural 2.3% Airport 1.7%65% Cemetery 2.3% City Park and Recreation 2.9% Commercial 67.9%65-75% Commercial Non-Urban 12.8%65-75% County Park & Recreation 4.2% Government Facilities 33.1%65% House of Worship 29.1%65% Industrial 68.2%75% Multi-Family Residential 71.0%40-65% Open Space/Conservation 2.8% Open Water 14.9% Roadway Rights-of-Way 18.1%65% Rural Residential 6.1%40% Schools 27.4%65% Single Family Residential 20.2%40% Utility 4.4%65% 8 SWU Fee Computation Budget $579,200.00 Total Impervious on Residential Parcels 59% Fee from Residential Parcels $341,384.77 Residential Parcel Fee $11.90 Fee from Remaining Parcels $237,815.23 Non-Residential Impervious Acre Fee $175.43 Residential Base Fee $12.00 Non-Residential Base Fee $175.00 Land Use Total Parcels Base Fee Annual Fee per Land Use Single Family Residential 4899 $12.00/parcel $235,152.00 Multi-Family Residential 813 $39,024.00 Rural Residential 1461 $70,128.00 Airport 4 $175/ac impervious $928.39 Commercial 86 $68,405.06 Government Facilities 10 $11,209.46 House of Worship 7 $19,116.84 Industrial 71 $107,599.02 Schools 6 $28,749.70 Utility 39 $2,282.46 Agricultural 156 Exempt N/A Cemetery 8 City Park and Recreation 76 County Park and Recreation 194 Open Space/Conservation 206 Open Water 1 Roadway Rights-of-Way 16 Vacant 582 9 Municipality SWU Fee (per quarter) Blaine $10.00 Lino Lakes $12.00 Centerville $13.95 Mounds View $14.00 Arden Hills $15.16 Circle Pines $24.00 Shoreview $33.27 Municipality Land Use SWU Fee (per quarter) Centerville All land uses $174.50/ac impervious ($13.95 minimum per parcel) Lino Lakes All land uses $175.00/ac impervious ($12.00 minimum per parcel) Arden Hills All land uses $193.18/ac Blaine Institutional $34.90/ac Industrial $84.40/ac Commercial $105.30/ac Mounds View Institutional $42.72/ac Industrial $92.83/ac Commercial $118.90/ac Shoreview All land uses $278.12/ac Single Family SWU Comparison Institutional, Industrial, & Commercial SWU Comparison Credits and Adjustments •SWU fee may be adjusted for non- residential land uses that have on site, privately maintained BMPs (a max credit of 25% is possible) •Adjustment may be allowed if the property owner demonstrates that less impervious surface is present on the parcel than reflected by current rate (exhibit must be submitted outlining actual impervious coverage) 10 Council Discission Topics •Questions/comments related to methodologies •Questions/comments related to proposed rate structure proposed •Other? 11 Next Steps •Public Hearing •Adoption •Begin Implementation for 2022 12 THANK YOU 13 14 1 CITY COUNCIL AGENDA ITEM 6B STAFF ORIGINATOR: Jessica Eller, Community Development Intern MEETING DATE: August 9, 2021 TOPIC: Butler Addition i.Consider Resolution No. 21-75 Approving Final Plat ii.Consider Resolution No. 21-76 Approving DevelopmentAgreement VOTE REQUIRED: 3/5 INTRODUCTION Complete Application Date: June 23, 2021 60-Day Review Deadline:August 22, 2021 Planning & Zoning Board Meeting: July 14, 2021 City Council Work Session: August 9, 2021 City Council Meeting: August 9, 2021 The applicant, Scott Butler, submitted a land use application for a final plat for Butler Addition. The applicant proposes to subdivide the existing parcel located at 7870 Meadow View Trail into two (2) single family lots for the purpose of constructing one (1) new single family home off of Lois Lane. The lot is 1.02 gross acres (44,400 sf). The Land Use Application is: •Final Plato2 lots The following staff report is based on the following information: •Cost Estimate for Butler Addition dated June 23, 2021 •Civil Plan Set prepared by Plowe Engineering, Inc. dated July 26, 2021 •Landscape Plan prepared by Plowe Engineering dated July 26, 2021 •Certificate of Survey and Resource Inventory Map prepared by EG Rud & Sons, Inc.dated July 21, 2021 •Preliminary Plat prepared by EG Rud & Sons, Inc. dated July 21, 2021 •Tree Inventory/Removals prepared by EG Rud & Sons, Inc. dated July 21, 2021 •Final Plat prepared by E.G. Rud & Sons, Inc. dated June 14, 2021 2 Previous Council Actions: •May 10, 2021: Resolution No. 21-39 approving Preliminary Plat •June 14, 2021: Ordinance No. 03-21 Rezoning Property from R, Rural to R-1, SingleFamily Residential ANALYSIS Existing Site Conditions The residential lot contains an existing house, deck and detached garage that was built in 1983. The Certificate of Survey indicates Zimmerman Fine Sand and Soderville Fine Sand. Groundwater was encountered at approximately 10 feet. Zoning The parcel is zoned R-1, Single Family Residential. The 2040 Comprehensive Plan is in effect and applicable to the development. Current Zoning R-1, Single Family Residential Current Land Use Single Family Residential Future Land Use per CP Low Density Sewered Residential Utility Staging Area 1A=2018-2025 Surrounding Zoning and Land Use Direction Zoning Current Land Use Future Land Use North R-1 Single Family Residential Low Density Sewered Residential South R Rural Residential Urban Reserve East R-1 Single Family Residential Low Density Sewered Residential West R Rural Residential Low Density Sewered Residential Density and Land Area Calculations The following chart implements Met Council’s formula for calculating net density. Gross Area (acres) 1.02 Wetlands & Water Bodies 0.00 3 Public Parks & Open Space 0.00 Arterial ROW 0.00 Other (Utility Transmission Easement) 0.00 Other (Wetland Buffer Area) 0.00 Net Area (acres) 1.02 # of Units 2 Gross Density (units/acre) 1.96 Net Density (units/acre) 1.96 The parcel is guided low density residential development and allows for 1.6 to 3.0 units per net acre. The proposed net density of 1.96 units per acre is consistent with the Comprehensive Plan. Zoning Requirements The parcel is zoned R-1, Single Family Residential. It is a corner lot (Meadow View Trail and Lois Lane) and is 1.02 gross acres (44,400 sf). Lot 1 will contain the existing single family house. Lot 2 is being created for the purpose of constructing one (1) single family home. R-1Requirements Lot 1 (Existing House) Lot 2 (Proposed House) Min. Lot Size 10,800 sf 24,975 sf 19,4251 sf Min. Lot Width --Corner Lot 100 ft. 135.02 ft. NA --Interior Lot 80 ft. NA 105.00 ft. Min. Lot Depth 135 ft. 185.0 ft. 185.0 ft. Building Setback (ft) -From Streets3 30 ft. 40 ft. 39.6 ft. (Meadow View) 73.0 ft. (Lois Lane) 40 ft. -Rear Yard --Principal 30 ft. 37.7 ft. 94.3 ft. -Accessory 5 ft. 61.3 ft. Future 4 -Side Yard --Principal 10 ft. 71.1 ft. 25.3 ft. & 33.4 ft. --Accessory 5 ft. 55.2 ft. 28.5 ft. Impervious Surface 40% 11.2% 16.6% 1The gross lot area is 19,425 sf. The net lot area is 13,435 sf after subtracting the oversized rear yard 5,990 sf easement. 2Lois Lane is the front lot line. 3Lois Lane is minor collector roads. The proposed lots meet zoning requirements. Building Requirements At the time of building permit, the single family house proposed on Lot 2 will be reviewed for compliance regarding floor area, garage and design and construction standards. Subdivision Ordinance The legal description of the parcel is Lot 14, Block 3, Mar Don Acres and was platted in 1978. Similar residential subdivisions of Mar Don Acres lots have been approved in previous years (Cavegn Estates-2006, Hailey Manor-2007, Isabell Estates-2014 and Golden Acre-2017). Conformity with the Comprehensive Plan and Zoning Code The preliminary plat and final plat are consistent with the comprehensive plan for low density residential development and zoning code requirements for R-1, Single Family Residential as discussed above. Blocks and Lots The final plat contains Lot 1 and Lot 2, Block 1, Butler Addition. As noted above, Lot 1 contains the existing house and Lot 2 proposes a new single family home. Streets and Alleys Lot 1 is served by Meadow View Trail which is a local road. The existing road right-of-way is 60 ft. No additional road right-of-way is required. Lot 2 is served by Lois Lane which is a minor collector road. The existing road right-of-way width is 60 ft. which is consistent with previously approved plats in the area. No additional road right-of-way is needed. 5 Easements Drainage and utility easements at least ten (10) feet wide are required and shown along all lot lines. An oversized drainage and utility easement exists on Lot 2 in the rear yard over the stormwater management facility. Storm Water Management and Erosion and Sediment Control Per the March 25, 2021 RCWD CAPROC, a stormwater infiltration basin is not required per RCWD rules. However, a stormwater BMP is still needed to meet City stormwater requirements because the site is over one (1) acre. The applicant is proposing to meet City stormwater requirements by constructing an infiltration basin in the south corner of Lot 2. The bottom of the infiltration basin is 906.5 and the HWL of the basin is 907.51, which both meet freeboard requirements per City Code Chapter 1011. Utilities Sanitary Sewer An 8” sanitary sewer main exists along Lois Lane. The existing house is connected to municipal sanitary sewer. The new house will also be connected to municipal sanitary sewer. Watermain An 8” watermain exists along Lois Lane. The existing house is currently on a private well. A 1” water lateral is stubbed to Lois Lane, but is not connected to the house. The existing house shall connect to municipal watermain. The new house will also be connected to municipal watermain. Public Land Dedication The City will require cash in lieu of land dedication for the new lot. Lot 1 with the existing house will not be charged a park dedication fee. Park Dedication Fees Total # of Lots = 1 x 2021 Park Dedication Fee $3,160 = Total Due $3,160 Tree Preservation The Environmental Coordinator reviewed the Tree Preservation and Landscaping Plan. Per the October 28, 2020 Environmental Board staff report, a tree inventory/removal list was submitted. Trees removed are in the basic use area and will not require mitigation trees to be planted. 6 Landscaping Canopy cover, foundation landscaping, open area landscaping and buffer and screens are not required for the 2 lot residential subdivision. Boulevard Trees Residential lots require one boulevard tree per frontage. In this case, parcel 1 has existing trees in the right-of-way that will satisfy this requirement. An American linden basswood (Tilia americana) is proposed for the boulevard tree that will be required for parcel 2. Sod and Ground Cover All disturbed areas shall have appropriate ground cover in accordance with Section 1007.043(17)(h). Environmental Assessment Worksheet (EAW) An Environmental Assessment Worksheet is not mandated. The two (2) unattached residential units are under the 250 unattached unit threshold required for a mandatory EAW. Wetlands There are no wetlands on site. Floodplain There is no floodplain on site. Shoreland Management Overlay The parcel is not located within a Shoreland Management Overly district. Impervious Surface Coverage Per the preliminary plat, the overall total site impervious surface coverage is as follows: Impervious Surface Coverage Total Parcel Size 44,400 sf Existing Impervious 2,797 sf (6.3%) Proposed Impervious Lot 1 + Lot 2 6,031 sf (14%) 7 Comprehensive Plan Butler Addition is consistent with the goals and policies of the comprehensive plan in regards to resource management, land use, housing, transportation and utilities as detailed during the preliminary plat review. Environmental Board Comments The Environmental Board reviewed the proposed preliminary plat on March 31, 2021 and recommended approval of the project. Public Safety Department The Police Division and Fire Division reviewed the plans and have no additional comments or concerns. Development Agreement A Development Agreement has been drafted by the City and shall be executed. Title Commitment The City Attorney reviewed the title commitment and final plat and notes that mortgage consents are required. Stormwater Maintenance Agreement The infiltration basin will be privately maintained and a Stormwater Maintenance Declaration is required with the final plat. Findings of Fact The Findings of Fact for Butler Addition Final Plat are detailed in Resolution No. 21-75. RECOMMENDATION The Planning & Zoning Board reviewed the Butler Addition Final Plat on July 14, 2021 and recommended approval with a 4-0 vote. ATTACHMENTS 1. Resolution No. 21-752.Final Plat 3. Resolution No. 21-764.Development Agreement 1 CITY OF LINO LAKES RESOLUTION NO. 21-75 RESOLUTION APPROVING THE BUTLER ADDITION FINAL PLAT WHEREAS, the City received a land use application for the Butler Addition Final Plat hereafter referred to as Development; and WHEREAS, City staff has completed a review of the proposed Development based on the following plans and information: •Cost Estimate for Butler Addition dated June 23, 2021 •Civil Plan Set prepared by Plowe Engineering, Inc. dated July 26, 2021 •Landscape Plan prepared by Plowe Engineering dated July 26, 2021 •Certificate of Survey and Resource Inventory Map prepared by EG Rud & Sons,Inc. dated July 21, 2021 •Preliminary Plat prepared by EG Rud & Sons, Inc. dated July 21, 2021 •Tree Inventory/Removals prepared by EG Rud & Sons, Inc. dated July 21, 2021 •Final Plat prepared by E.G. Rud & Sons, Inc. dated June 14, 2021; and WHEREAS, the City Council the approved the Preliminary Plat with Resolution No. 21-39 on May 10, 2021; and WHEREAS, the Planning & Zoning Board reviewed and recommended approval of the Development on July 14, 2021; and WHEREAS, the proposed Development is not considered premature and meets the performance standards of the subdivision and zoning ordinance; and NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby makes the following: FINDINGS OF FACT 1.The final plat substantially conforms to the approved preliminary plat subject to the conditions listed below.2. The City Attorney has approved the status of title/property ownership related to thefinal plat.3.A Development Agreement has been drafted and shall be executed. 4. Conditions attached to approval of the preliminary plat have been fulfilled or secured by the Development Agreement.5.All fees, charges and escrow related to the preliminary or final plat have been paidin full. BE IT FURTHER RESOLVED by the City Council of the City of Lino Lakes hereby approves Butler Addition Final Plat subject to the following conditions: 2 1. The existing house on Lot 1, Block 1, Butler Addition shall connect to municipal watermain.2. The new house on Lot 2, Block 1, Butler Addition shall connect to municipalwatermain and municipal sanitary sewer main. BE IT FURTHER RESOLVED by the City Council of the City of Lino Lakes hereby approves Butler Addition Final Plat subject to the following items being addressed prior to release of the mylars: 1. The Development Agreement shall be approved by the City Council, executed and recorded against the property. a. Securities and fees shall be paid.2.Title Commitment and Final Plat:a.Mortgage consents to record the final plat and Development Agreementshall be executed. Adopted by the Council of the City of Lino Lakes this 9th day of August, 2021. The motion for the adoption of the foregoing resolution was introduced by Councilmember Cavegn and was duly seconded by Councilmember Stoesz and upon vote being taken thereon, the following voted in favor thereof: Cavegn, Stoesz, Ruhland, Lyden, Rafferty The following voted against same: None ______________________________ Rob Rafferty, Mayor ATTEST: ________________________Julianne Bartell, City Clerk CITY OF LINO LAKES RESOLUTION NO. 21-76 RESOLUTION APPROVING DEVELOPMENT AGREEMENT FOR BUTLER ADDITION WHEREAS, the City Council approved the final plat for Butler Addition with Resolution No. 21-75 on August 9, 2021; and WHEREAS, the City’s subdivision ordinance and conditions of approval require the execution of a development agreement between the Developer and the City of Lino Lakes. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby approves the Development Agreement between Scott Butler and the City of Lino Lakes for Butler Addition and authorizes the Mayor and City Clerk to execute such agreement on behalf of the City. Adopted by the Council of the City of Lino Lakes this 9th day of August, 2021. The motion for the adoption of the foregoing resolution was introduced by Councilmember Cavegn and was duly seconded by Councilmember Stoesz and upon vote being taken thereon, the following voted in favor thereof: Cavegn, Stoesz, Ruhland, Lyden, Rafferty The following voted against same: None _______________________________ Rob Rafferty, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk DEVELOPMENT AGREEMENT Butler Addition THIS AGREEMENT is made this _____ day of ____________, 2021, by and between the City of Lino Lakes (“City”), a Minnesota municipal corporation, and Scott Butler (“Developer”). 1.Subdivision. Developer received preliminary plat approval from the City by Resolution No. 21-39 for a plat known as Butler Addition (“Subdivision”). Unless otherwise stated, all terms and conditions of this Agreement relate to work within the Subdivision. 2.Final Plat Approval. The City’s approval of the final plat of Butler Addition is contingent upon execution and delivery of this agreement, all required petitions, bonds, security, and other documents required by the City, and satisfaction of all conditions of approval required by Resolution No. 21-75. The Final Plat is attached hereto as Exhibit A. 3.Phased Development. The City may refuse to approve final plats of subsequent additions of the plat if the Developer has breached this Agreement and the breach has not been remedied. Development of subsequent phases may not proceed until Development Agreements for such phases are approved by the City and are fully executed. 4.Developer Plans. a.The Subdivision shall be developed in accordance with the following Developer Plans, original copies of which are on file with the City Engineer. The Developer Plans may be prepared and revised after entering into this Agreement but must be approved by the City before commencement of any work. If the plans vary from the written terms of this Agreement, this Agreement shall control. b.The Developer Plans as of the date of this Agreement are: i.Butler Addition Final Plat containing 1 sheet, prepared by E.G. Rud & Sons, Inc., received June 14, 2021. ii.Butler Addition Civil Plan set containing 5 sheets, prepared by Plowe Engineering, Inc., revised July 26, 2021, and received July 26, 2021. iii.Butler Addition Landscape Plan containing 1 sheet, prepared by Plowe Engineering, Inc., revised July 26, 2021, and received July 26, 2021. 5.Permits. The Developer shall be responsible for securing all site grading and development approvals and all other required permits from all appropriate Federal, State, Regional and Local jurisdictions prior to the commencement of site grading or Butler Addition Development Agreement August 9, 2021 page 2 construction and prior to the City awarding construction contracts for public improvements. 6. Developer Improvements. The Developer shall secure a contractor to install the improvements described in this paragraph, or otherwise required herein to be installed by Developer, hereinafter referred to as the “Developer Improvements,” which contractor shall be approved by the City in its absolute and sole discretion. The Developer Improvements shall be constructed per the City Standard Specifications for Construction dated 2021 or current version. The cost of Developer Improvements is as shown on Exhibit B attached hereto. All Developer Improvements shall require City inspection and approval and, where appropriate, the approval of any other governmental agency having jurisdiction. The Developer shall construct and install at the Developer's expense the following improvements according to the following terms and conditions: a. Site Grading i. No grading shall commence until all requirements of the Rice Creek Watershed District (RCWD) have been satisfied. ii. All site grading shall be conducted in accordance with the grading plan as approved by the City and in accordance with NPDES and RCWD requirements. The Developer shall perform the work in accordance with a Storm Water Pollution Prevention Plan (SWPPP) pursuant to Minnesota Pollution Control Agency (MPCA) requirements. b. Grading and Erosion Control i. The Developer shall grade the site to within 0.2 foot of the grades shown on the approved grading plan. No deviations will be allowed unless a revised plan is submitted and approved in writing by the City and all other regulatory agencies. ii. The street right-of-way, storm water storage ponds, and surface water drainage ways shall be graded prior to commencement of utility construction. Four inches of topsoil and a City approved seed mix shall be installed within disturbed areas, and seed mix information shall be provided to the City. iii. The Developer shall be responsible for ascertaining that site geotechnical and groundwater conditions are adequate and conforming with the grading and site improvement as proposed. The Developer shall provide testing from an approved testing company. Butler Addition Development Agreement August 9, 2021 page 3 iv.The Developer’s engineer shall certify in writing, with an as-built survey, that all grading complies with the approved grading plan prior to issuance of any building permits. v.The Developer shall promptly clear dirt and debris within public rights-of- way and drainage and utility easements resulting from construction by the Developer, its purchasers, builders and contractors within five (5) days after notification by the City. The Developer shall be responsible for all necessary street and storm sewer maintenance, including street sweeping, until all home construction is completed, unless otherwise released by the City. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on them, including detour signs if necessary. If and when the streets become impassable, such streets shall be barricaded and closed. c.Street Improvements not applicable. d.Sidewalks, trails and street lighting not applicable. e.Storm sewers not applicable. f.Sanitary sewer services and appurtenances shall be furnished and installed. g.Water services and appurtenances shall be furnished and installed. h.The Developer shall place iron monuments at all lot, block, and outlot corners and at all other angle points on boundary lines consistent with the final plat. Iron monuments shall be placed after all street and lawn grading has been completed in order to preserve the lot markers for future property owners. Lot corner irons on the back property line shall be installed so that the top of the iron corresponds to the finished ground elevation in accordance with the approved grading plan. Guard stakes shall be appropriately installed to mark these irons. i.Landscaping shall be furnished and installed in accordance with the approved plans. The landscaping shall be maintained by the Developer until accepted by the City’s Environmental Coordinator. Native planting area restoration not applicable. j.The Developer shall arrange for all gas, telecommunications, cable, internet, electric, and other necessary private utility services to the Subdivision in accordance with City Code and State law. The utilities are required to be located within a joint trench. Street light installations shall be initiated by the Developer Butler Addition Development Agreement August 9, 2021 page 4 with City Engineer approval. The Developer is solely responsible for the cost of private utility and internet installation. k. The Developer shall install mailboxes in accordance with Federal and Postal Service regulations. l. Conservation easement are not applicable. 7. Time of Performance. The Developer shall install all required improvements enumerated in Paragraph 6 by August 31, 2022. The Developer may request a reasonable extension of time from the City. If the extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 8. City Improvements. No City improvements are proposed to be constructed for this subdivision. 9. Record Drawings. a. Upon project completion, Developer shall submit record drawings, in electronic format, of all public and private infrastructure improvements, including grading, sanitary sewer, watermain, storm sewer facilities, and roads, constructed by Developer. 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. b. The Developer shall submit certified compaction testing results for the site grading operations that certify that grading work meets pertinent compaction requirements for the project. c. A summary of the record plan attribute data for the storm sewer, watermain, and sanitary sewer structures and pipes shall be submitted in the form of an Excel Spreadsheet as provided by the City Engineer. d. No securities will be fully released until all record drawings have been submitted and accepted by the City Engineer. 10. Faithful Performance of Construction Contracts and Security. a. The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Developer Improvements. Concurrent with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on Butler Addition Development Agreement August 9, 2021 page 5 one hundred fifty (150%) percent of the total estimated cost of Developer's Improvements as determined by the City Engineer. b. Irrevocable Letter of Credit. If an Irrevocable Letter of Credit is utilized, it shall be for the exclusive use and benefit of the City of Lino Lakes and shall state that it is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Agreement and construction of all required improvements referenced therein in accordance with the ordinances and specifications of the City. The letter shall be in a form, and from a bank, as approved by the City. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this agreement. The Irrevocable Letter of Credit shall be automatically extended for additional periods of one year from present or future expiration dates on an annual basis, unless at least sixty (60) days prior to the expiration date, the Community Development Director and City Engineer, are notified by certified mail or overnight courier, that the Letter of Credit will not be extended. c. Public Improvement Surety Agreement not applicable. d. Reduction of Security not applicable. 11. Warranty. The Developer warrants all utility work required to be performed by it against poor material and faulty workmanship for a period of two years after its completion and acceptance by the City. All roadway work shall be warranted by the developer for a period of one year from the time the final inspection of the street is completed and accepted by the City Council. All trees, grass and sod shall be warranted to be alive, of good quality and disease free for 12 months after planting. Prior to final acceptance of the Developer Improvements the City shall require a Performance Bond or Cash Escrow to cover the warranty provisions of this Agreement. The amount shall be determined by the City Engineer. 12. Dedication. The Developer shall dedicate to the City, at no cost to the City, any permanent or temporary easements that may be necessary for the construction and installation of the Developer Improvements. All such easements required by the City shall be in writing, in recordable form, containing such terms and conditions as the City shall determine. 13. Ownership of Improvements. Upon completion and City acceptance of the work and construction required by this Agreement, the public improvements lying within public rights-of-way and easements shall become City property without further notice or action unless the improvements are to be deemed private infrastructure. Butler Addition Development Agreement August 9, 2021 page 6 14. Recording and Release. The Developer agrees that the terms of this Development Agreement shall be a covenant on any and all property included in the Subdivision. The Developer agrees that the City shall have the right to record a copy of this Development Agreement with the Anoka County Recorder to give notice to future purchasers and owners. This shall be recorded against the Subdivision described on Page 1. 15. Escrow for City’s Costs. a. The Developer agrees to establish a non-interest bearing escrow account with the City in an amount determined by the City Administrator or their designee for the payment of all costs incurred by the City related to the development of the Subdivision including, but not limited to, the following (See Exhibit B for breakdown of costs): i. Planning/ Review ii. Administration - 3% of Developer Improvement Costs iii. City Engineering and Legal iv. Street lighting installation – Not applicable v. Traffic signing improvements – Not applicable vi. Boulevard tree planting vii. Street, storm sewer and pond maintenance viii. Property Taxes not applicable. b. If the above escrow amounts are insufficient, the Developer shall make such additional deposits as required by the City. The City shall have a right to reimburse itself from the Escrow with suitable documentation supporting the charges. 16. Developer Fees. At the time of execution of this Agreement, the Developer shall pay the following fees related to the development of the Subdivision (See Exhibit B for breakdown of costs): a. Park Dedication The Park Dedication Fee for this site is calculated as follows: 1 unit x $3,160 per unit (Residential) = $3,160 b. Energy costs for street lights are not applicable. Butler Addition Development Agreement August 9, 2021 page 7 c. GIS Mapping Fees. d. Trunk 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 The trunk charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. Residential trunk charges are based on one unit per dwelling unit. Sanitary Sewer $1,630.00 Per Unit 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. Residential uses shall be assigned one unit per dwelling unit unless otherwise noted by MCES. City Sewer (CSAC) $1,525.00 Per SAC Unit Trunk sewer unit charges addressed under this paragraph are in addition to any SAC charges imposed by Metropolitan Council Environmental Services. Trunk utility credit not applicable. e. 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. Residential trunk charges are based on one unit per dwelling unit. Water $2,341.00 Per Unit Butler Addition Development Agreement August 9, 2021 page 8 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. Residential uses shall be assigned one unit per dwelling unit unless otherwise noted by MCES. City Water (CWAC) $1,473.00 Per SAC Unit Trunk utility credit not applicable. f. Surface Water Management Area Charges 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 B. The charge shall be paid at the time of subdivision approval. 17. Assessment of Charges and Waiver of Rights. a. In consideration of the construction of City Improvements listed in Paragraph 8 and /or provision of sewer, water and storm water services, the Developer agrees that the costs of City Improvements together with Trunk Sewer Unit Charge, Trunk Water Unit Charge and the Surface Water Management Area Charge (collectively, “the Charges”) may be assessed against the Subdivision parcels. The Developer hereby waives any and all procedural and substantive objections to the special assessments, including notice and hearing requirements, any claim that the assessments exceed the benefit to the properties, and any right to appeal. b. Unless the Developer pays the entire balance owed for the Charges contemporaneously with the execution of this Agreement, the Developer shall provide to the City a cash escrow or irrevocable letter of credit in an amount equal to 35% of the total assessments for the Charges as estimated by the City Engineer (see Exhibit B). The letter of credit shall be in a form, and from a bank, as approved by the City. The letter of credit or cash escrow may be used by the City upon default by Developer in the payment of special assessments. The cash escrow or letter of credit shall remain in place throughout the term of the special assessments. The letter of credit may not be terminated without the City’s written consent. Butler Addition Development Agreement August 9, 2021 page 9 c. Developer, its heirs, successors or assigns, agrees that within 30 days after the date of sale of a lot, the Developer, its heirs, successors or assigns, at its own cost and expense, shall pay the entire unpaid charges assessed or to be assessed under this Agreement against such property. d. If a certificate of occupancy is issued before the special assessments have been levied, the Developer, its heirs, successors or assigns shall pay the City the sum of cash equal to 120% of the Engineer's estimate of the special assessments for such Charges that would be levied against the property. Upon such payment the City shall issue a certificate showing the assessments are paid in full. Notwithstanding the issuance of said certificate, the Developer shall be liable to the City for any deficiency and the City shall pay the Developer any surplus arising from the payment based upon such estimate. e. Acceleration of Special Assessments upon Default. In the event the Developer violates any of the covenants, conditions or agreements herein, violates any ordinance, rule or regulation of the City, County of Anoka, State of Minnesota or other governmental entity having jurisdiction over the plat or development, or fails to pay when due any installment of any special assessment levied pursuant to this agreement, or any interest thereon, the City at its option, in addition to its rights and remedies hereunder, after 10 days written notice to the Developer, may declare all of the unpaid special assessments which are then estimated or levied pursuant to this agreement due and payable in full, with interest. The City may seek recovery of such special assessments due and payable from the security provided herein. In the event that such security is insufficient to pay the outstanding amount of such special assessments plus accrued interest the City may certify such outstanding special assessments in full to the County Auditor pursuant to Minnesota Statutes section 429.061, subdivision 3, for collection the following year. The City, at its option, may commence legal action against the Developer to collect the entire unpaid balance of the special assessments then estimated or levied pursuant hereto, with interest, including reasonable attorney's fees, and Developer shall be liable for such special assessments and, if more than one, such liability shall be joint and several. In addition to any other rights and remedies upon Developer’s default, the City may refuse to issue building permits and/or Certificates of Occupancy for any property within the Subdivision until such time as such default has been corrected to the satisfaction of the City. The Developer agrees to reimburse the City for all costs incurred by the City in the enforcement of this agreement, or any portion thereof, including court costs and reasonable engineering and attorneys' fees, if the City prevails in any enforcement action. 18. Building Permits. No building permits shall be issued until: Butler Addition Development Agreement August 9, 2021 page 10 a. Site grading, certified compaction testing, City sewer, water, storm sewer, gas, electric, telecommunication, cable and internet are installed and approved by the City. b. Security of Developer Improvement Costs is received by the City, and the Development escrow balance is sufficient as outlined in Section 15 b. 19. Special Provisions. a. The existing house on Lot 1, Block 1, Butler Addition shall connect to municipal water. b. The new house proposed on Lot 2, Block 1, Butler Addition shall connect to municipal water and municipal sanitary sewer. 20. Hours of Construction Activity. All construction activity shall be limited to the hours as follows: Monday through Friday 7:00 a.m. to 7:00 p.m. Saturday 9:00 a.m. to 5:00 p.m. Sunday and Holidays No working hours allowed 21. Insurance. Developer or its general contractor shall take out and maintain until one year after the City accepted the Developer Improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's or general contractor’s work, as the case may be, or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than Five Hundred Thousand and no/100 ($500,000.00) Dollars for one person and Two Million and no/100 ($2,000,000.00) Dollars for each occurrence; limits for property damage shall be not less than One Million and no/100 ($1,000,000.00) Dollars for each occurrence; or a combination single limit policy of Two Million and no/100 ($2,000,000.00) Dollars or more. The City, its employees, its agents and assigns shall be named as an additional insured on the policy, and the Developer or its general contractor shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. 22. Developer’s Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, including but not limited to attorney and engineering fees, provided the Developer is Butler Addition Development Agreement August 9, 2021 page 11 first given notice of the work in default, not less than 48 hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, levy the cost in whole or in part as a special assessment against the Subject Property. Developer waives its rights to notice of hearing and hearing on such assessments and its right to appeal such assessments pursuant to Minnesota Statutes, chapter 429. 23. General. a. Binding Effect The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land, unless otherwise released pursuant to section 14 of this Agreement. b. Validity. If a portion, section, subsection, sentence, clause, paragraph or phrase in this agreement is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Development Agreement. c. Notices Whenever in this Agreement it shall be required or permitted that notice or demand be given or served by either party to this Agreement to or on the other party, such notice or demand shall be delivered personally, or mailed by United States mail to the addresses below, or sent by email to the email address below. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above or when emailed. The addresses of the parties are as set forth until changed by notice given as above. Scott Butler 7870 Meadow View Trail Lino Lakes, MN 55014 Scottbutler08@gmail.com Butler Addition Development Agreement August 9, 2021 page 12 Community Development Director City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 mgrochala@linolakes.us Butler Addition Development Agreement August 9, 2021 page 13 DEVELOPER CITY OF LINO LAKES By ______________________ By _________________________ Mayor Its ______________________ 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. _______________________________ Notary Public STATE OF MINNESOTA ) ) SS COUNTY OF __________ ) Butler Addition Development Agreement August 9, 2021 page 14 On this _______ day of _______________, 2021, before me, a Notary Public within and for said County, personally appeared ____________, __________________ of ___________________. (Developer), who executed the foregoing instrument. ______________________________ Notary Public This instrument was drafted by: City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 Butler Addition Development Agreement August 9, 2021 page 15 CONSENT AND SUBORDINATION _____________________________, the holder of a mortgage dated ___________________, filed for record with the County Recorder, Anoka County, Minnesota, on _________________, as Document No. _____________________, hereby consents to the recording of this Development Agreement and agrees that its rights in the property affected by the Development Agreement shall be subordinated thereto. IN WITNESS WHEREOF, __________________, has caused this Consent and Subordination to be executed this _____ day of ______________, 2021. ______________________________________ By: Its: STATE OF MINNESOTA ) ) SS COUNTY OF __________ ) On this _______ day of _______________, 2021, before me, a Notary Public within and for said County, personally appeared _______________________, who executed the foregoing instrument. ______________________________ Notary Public Butler Addition Development Agreement August 9, 2021 page 16 EXHIBIT A Final Plat Butler Addition Development Agreement August 9, 2021 page 17 EXHIBIT B Securities, Escrows & Fees 8/3/2021 EXHIBIT B Securities, Escrows & Fees PROJECT: Butler Addition NUMBER OF REU's:1 APPLICANT: Scott Butler NO. OF LOT FRONTAGES 1 AREA (LOT 2 BLOCK 1):0.45 IMPROVEMENTS COST DEVELOPER IMPROVEMENT COSTS (Private) SITE GRADING $336 EROSION CONTROL $5,075 LANDSCAPING $863 PARKING LOT $0 STORM SEWER CONST.$0 SANITARY SEWER CONST.$0 WATERMAIN CONST.$0 ENGINEERING & SURVEYING $200 Total $6,474 Letter of Credit Amount X 35%$2,266 ESCROW for CITY'S COSTS PLANNING/ REVIEW $150 ADMINISTRATION $200 ENGINEER PLAN REVIEW $150 ENGINEER CONSTRUCTION SERVICES $1,000 PROJECT FINAL DOCUMENTS & CITY ENGINEER $1,200 STREET LIGHT INSTALLATION $0 STREET & STORMWATER MAINTENANCE $0 PROPERTY TAXES $0 TRAFFIC AND SIGNING IMPROVEMENTS $0 BOULEVARD TREE PLANTING $485 Total $3,185 DEVELOPMENT FEES PARK DEDICATION $3,160 PARK DEDICATION CREDIT $0 Subtotal Park Dedication Fee $3,160 AUAR $0 GIS MAPPING FEE $90 STREET LIGHTING OPERATION $0 Total $3,250 TRUNK SANITARY SEWER TRUNK CHARGE PER (ACRE OR UNIT)$1,630 AVAILABILITY CHARGE PER SAC UNIT $1,525 TRUNK WATERMAIN TRUNK CHARGE PER (ACRE OR UNIT)$4,682 AVAILABILITY CHARGE PER SAC UNIT $2,946 TOTAL TRUNK SEWER & WATER FEES $10,783 SURFACE WATER MANAGEMENT $3,345 TOTAL SURFACE WATER MANAGEMENT FEES $3,345 Total $14,128 Letter of Credit Amount X 35% $4,945 SUMMARY OF SECURITIES, ESCROW & FEES SECURITY: DEVELOPER IMP'MENT COSTS $2,266 ESCROW FOR CITY COSTS $3,185 DEVELOPMENT FEES $3,250 SECURITY: TRUNK FEES $14,128 Butler Addition City Council Meeting August 9, 2021 2 EXISTING CONDITIONS •Final Plat •2 lots •7870 Meadow View Trail •Applicant: Scott Butler •Corner Lot •Lois Lane •Meadow View Trail •Subdivide the existing parcel into 2 single family lots •Purpose of constructing 1 new single family home •May 10, 2021: CC approved preliminary plat •R-1 Zoning 3 PRELIMINARY PLAT •Lot 1 = Existing house •Lot 2 = New house •Meadow View Trail •Local Road •Existing 60ft ROW •No additional ROW required •Lois Lane •Minor Collector •Existing 60ft ROW •No additional ROW required 4•Final Plat = Lot 1 and Lot 2, Block 1, Butler Addition. •Public Land Dedication •1 lot = $3,160 •Conditions of PP have been met Findings of Fact-Final Plat•Detailed in Resolution No. 21-75: •Final plat substantially conforms to the approved preliminary plat subject to the conditions listed below. •City Attorney has approved the status of title/property ownership related to the final plat. •Development Agreement has been drafted and shall be executed. •Conditions attached to approval of the preliminary plat have been fulfilled or secured by the development agreement. 5 Recommendation •Planning & Zoning Board reviewed the Butler Addition Final Plat on July 14, 2021 and recommended approval with a 4-0 vote. 6 Council ActionButler Addition •i. Consider Resolution No. 21-75 Approving the Final Plat •ii. Consider Resolution No. 21-76 Approving the Development Agreement 7 1 CITY COUNCIL AGENDA ITEM 6C STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: August 9, 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 This item was on the July 12, 2021 Council agenda, but the applicant requested a continuation to tonight’s meeting. Staff provides the following information to help clarify comments made during the July 12, 2021 Work Session: • The subject site has been zoned R, Rural since 1992. The property has not been recently rezoned. • The July 2020 complaint was regarding concern over the number of animals on the subject site. It was not a noise complaint. • In July 2018, the City amended City Code Section 1007.058 regarding Commercial Stables. This ordinance amendment was not just related to 426 Pine Street. • Based on best available data and RCWD information, there are wetlands on the subject site. • Based on the December 16, 2015 FEMA Flood Insurance Rate Map (FIRM) Map Number 27003C0355E, there is Zone A floodplain on the subject site. 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 August 9, 2021 2 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 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 3 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 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 4 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 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. 5 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 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 6 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. 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 7 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: 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 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. 8 • 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. 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# 05-31-22-22-000515.09 acresCorral & Wetlands PID #05-31-22-22-0006 4.30 acresSingle Family House PID# 05-31-22-22-00035.66 acresArena, 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 tolive 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. “Practicaldifficulties,” as used in connection with the granting of a variance, means that theproperty 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 PineStreet; 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 thepolicies 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 landuses of the area. The commercial stables are compatible with present and future land uses. Thesurrounding 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 ofservice more than one grade. b. If the existing LOS outside of the proposed subdivision is C, traffic generatedby 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 generatedby 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 proposedsubdivision or the developer will pay to correct any structural deficiencies. f.The traffic generated from a proposed subdivision shall not require City streetimprovements that are inconsistent with the Lino Lakes Capital Improvement Plan. However, the City may, at its discretion, consider developer-financedimprovements 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 andthe Minnesota Dept. of Transportation, and a plan must be prepared todetermine improvements needed to resolve deficiencies. This plan mustdetermine traffic generated by the subdivision project, how this trafficcontributes to the total traffic, and the time frame of the improvements. The plan also must examine financing options, including project contribution andcost sharing among other jurisdictions and other properties that contribute totraffic 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 sewersystem. 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 Cityfunds 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 orproperty if properly maintained. The Property shall be in compliance with all Cityand 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 anatural, 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 tomaintain or care for ten (10) or more horses, must have their principalentrance 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 thepublic shall provide sanitary facilities for the public’s use. The sanitary facilities must be constructed in accordance with the state building code, andconnected to an individual sewage treatment system or the municipal sanitarysewer 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 asingle enterprise.a. In instances where a parcel of land consists of a fraction of an acre, theproperty size shall be rounded to the nearest whole number todetermine 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 approvedfacility 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, themaximum 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 Sitewould 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 arevoid 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 bythis 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 commonownership, 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 commonownership, the maximum number of allowed animal units on the Propertywould 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 commonownership, the maximum number of allowed animal units on the Subject Sitewould 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 ofmanure waste, a written and signed agreement with an off-site property ownershall be submitted to the City annually. i. The agreement shall detail the number of times manure waste will beremoved from the site and how much waste will be removed.b.An approved facility management and waste handling plan shall be submittedto the City within six (6) months of Council approval of the conditional usepermit. 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 agenciesrequirements.13. The property owner shall comply with all Rice Creek Watershed District (RCWD) regulations or the Conditional Use Permit (CUP) may be revoked. 8 14. No manure shall be spread in floodplains or wetlands. 15. No manure bins, manure storage, or portable animal shelters shall be located in thewetlands 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 shedsshall 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 orportable 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 removedimmediately.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 PollutionControl 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 exceptas 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 regulationsmay result in revocation of the conditional use permit. Adopted by the Council of the City of Lino Lakes this 9th day of August, 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 2 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 theordinance. 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 placeto 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 ofCity 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 ecologicaland aquatic resources of the community. •Chapter 10: Parks, Greenways & Trails Goal 4: Identify, protect and preserve the desirable natural areas and ecological andaquatic 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 theordinance. Economic considerations alone do not constitute practical difficulties.Practical difficulties include, but are not limited to, inadequate access to direct sunlightfor 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 9th day of August, 2021. The motion for the adoption of the foregoing resolution was introduced by Councilmember Stoesz and was duly seconded by Councilmember Cavegn and upon vote being taken thereon, the following voted in favor thereof: Cavegn, Stoesz, Ruhland, Lyden, Rafferty The following voted against same: None ______________________________ Rob Rafferty, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk 426 Pine Street-CUP Amendment & Variance City Council August 9, 2021 Land Use Application•Conditional Use Permit Amendment •Existing Commercial Stables •Variance •Allow up to 50 animal units •Applicant/Owner: Christopher Stowe •Item was on July 12, 2021 CC agenda •Applicant request continuation to tonight’s meeting 2 July 12, 2021 Work Session•Subject site has been zoned R, Rural since 1992. •Property has not been recently rezoned. •July 2020 complaint was regarding concern over the number of animals on the subject site. •It was not a noise complaint. •July 2018, the City amended City Code Section 1007.058 regarding Commercial Stables. •This ordinance amendment was not specifically related to 426 Pine Street.3 July 12, 2021 Work Session•Based on best available data and RCWD information, there are wetlands on the subject site. •Based on the December 16, 2015 FEMA Flood Insurance Rate Map (FIRM) Map Number 27003C0355E, there is Zone A floodplain on the subject site. 4 5 •Subject Site = All 3 parcels = 25 acres Property = 2 parcels-Commercial Stables Previous Council Actions•1968: Special Use Permit (SUP) for Riding Stable/Show Arena •1997: Conditional Use Permit (CUP) for BMX Track/Arena •Both the 1968 SUP and 1997 CUP rights are lots and are expired because the uses have ceased for more than 1 year •State Statute 462.357, subd. 1(e), Nonconformities •City Code Section 1007.041, Non-Conforming Uses and Structures •City Code Section 1007.016(2)(k), Conditional Use Permits 6 Previous Council Actions•2020: Resolution No. 20-129 for Conditional Use Permit for Commercial Stables •Allows 12.5 animal units without waste management plan •Allows 25.0 animal units with waste management plan •2020: Resolution No. 20-130 for Conditional Use Permit Termination Agreement •This Agreement terminates the 1968 SUP and 1997 CUP. •2020: Resolution No. 20-144 CUP Amendment •This amendment corrected a transposed date from 1986 to 1968.7 Animal Units-Farm AnimalsAnimalAnimal 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 Turkey 5 pounds or over .018 Less than 5 pounds .005 Duck .01 8 # Animals Per 2020 CUPAnimal# of Animals Animal Unit Total # Animal Units Cow (500 pounds)4 0.5 2 Horse 20 1.0 20 Chickens 20 .003 0.06 TOTAL 22.06 9 •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. •It’s not 25 or 50 horses plus other farm animals; it’s 25 or 50 animal units total Parcel Size 10 •R, Rural-Permitted Use: 1 animal unit per 2 acres •Personal use •12.5 animal units allowed •2020 CUP for Commercial Stables •Allows operation of riding club and boarding •12.5 animal units allowed without waste management plan •25.0 animal units allowed with approved waste management plan 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 3 Main Areas of Concern1. Wetlands and Floodplain 2. Animal Health 3. Facility Management and Waste Handling Plan 11 12 Wetlands •25 acre site •12 acres wetland •13 acres upland •Upland does include floodplain •13 acre upland = pasture •No manure bins •No manure storage •50 ft vegetated buffer •No portable animal shelters •City using best available data 13 Floodplain •25 acre site •22 acres floodplain •No manure bins •No manure storage or stockpiling •No manure spreading •No portable animal shelters •City using best available data 14 Wetlands & Floodplain Violations •RCWD & ACD Violations •March 25, 2021 letter •Wetland fill violations •Floodplain fill violations •Wetland restoration •Requirement of 2020 CUP to be compliant with all regulatory agencies Animal Health•Given the limited amount of upland area, staff has concerns regarding the amount of pasture the animals have. •Supply Additional Hay •Per the University of Minnesota Extension-Horse website, manure should not be spread on pastures with more than 1 horse per 2 acres. •Manure hauled off site by dump truck 15 Manure Waste Management•Per UM-Extension website: Average 1,000 pound horse produces 56 pounds of manure per day. •25 horses = •1,400 pounds manure/day •511,000 pounds manure/year •50 horses = •2,800 pounds manure/day •1.02 million pounds manure/year •Limited storage capacity due to wetlands and floodplain •Contract to haul manure off-site 16 Conditional Use Permit Amendment Per the Applicant’s Narrative Letter, the property owner is seeking the following City approvals: •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.” 17 CUP Amendment•City Attorney and City staff recommend a new CUP for the Commercial Stable operations •VOID previous 2020 CUP’s for Commercial Stables •Resolution No. 20-129 Approved CUP for Commercial Stables •Resolution No. 20-130 Approving Termination Agreement •Resolution No. 20-144 Corrected Transposed Date •Create New CUP Res. No. 21-67 for Commercial Stables •Avoid confusion and draft new clean CUP •12.5 animal units without manure management plan •25.0 animal units with manure management plan 18 New CUP•A separate variance could be approved to allow for a maximum of 50.0 animal units. •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. 19 Findings of Fact-Approving CUP•P&Z recommended approval of CUP •Findings detailed in Res. No. 21-67 •Consistent with Comprehensive Plan •Compatible with present and future land uses •Conforms to performance standards for Commercial Stables •Traffic generation •Served with adequate water and sanitary sewer •No premature expenditures of City funds •No excessive traffic, noise, smoke, fumes, glare or odor •No loss of natural, scenic or historic features 20 VariancePer the Applicant’s Narrative Letter, the property owner is seeking the following City approval: •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. 21 Findings of Fact-Denying Variance •P&Z recommended denial of variance •Findings detailed in Res. No. 21-68 Must meet ALL criteria 1. The variance shall be in harmony with the general purposes and intent of the ordinance. •Variance is not in harmony with general purpose and intent •Section 1007.040 General Provisions •Enhance health, safety and general welfare of residents •Section 1007.058 Commercial Stables •Provide performance standards for operation of stables 22 Findings of Fact-Denying Variance •Res. No. 21-67 approved CUP •Allows 12.5 animal units w/o manure management plan •Allows this number to be doubled to 25 w/ manure management plan •Variance to double again from 25 to 50 does not enhance the health, safety and general welfare of the residents of the community due to the following issues: •Wetland and floodplains •Animal Health •Facility Management and Waste Handling Plan 23 Findings of Fact-Variance2. 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: •Chapter 3: Land Use •Protect and preserve natural resources in City •Chapter 7: Local Water Management Plan •Protect and improve water quality and wetlands •Chapter 10: Park, Greenways & Trails •Identify, protect and preserve natural areas, ecological and aquatic resources 24 Findings of Fact-Variance3. 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. •There are no practical difficulties. •Ordinance allows for 25 animal units w/ manure management plan •If owner cannot comply with 25 animal unit requirement, they could not comply with a 50 animal unit 25 Findings of Fact-Variance4. The plight of the landowner shall be due to circumstances unique to the property not created by the landowner. •Plight of landowner is not due to circumstances unique to property •Property is not unique when compared to other similar sized rural properties with similar uses and large accessory structures. •Landowner is allowed to operate a commercial stable in accordance to Resolution No. 21-67. •Landowner purchased the property under the false assumption they could have an unlimited number of animal units. 26 Findings of Fact-Variance5. The variance shall not alter the essential character of the locality. •Variance will alter the essential character of the locality which is a single family home, riding stable and arena in a rural residential neighborhood. •Number of allowed animal units has already been doubled from 12.5 to 25.0 with the approved conditional use permit. •Magnitude of quadrupling the number of animal units from 12.5 to 50 alters the essential character of the locality. 27 Findings of Fact-Variance6. 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. •Variance will not be granted for any use that is not allowed under the ordinance for property in the zoning district. •Property is zoned R, Rural and commercial stable is allowed with an approved conditional use permit. 28 Findings of Fact-Variance7. 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. 29 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. 30 P&Z Recommendation•P&Z Board held a public hearing on June 9, 2021 regarding CUP and variance •Property owner and his attorney spoke during the meeting. •Residents at 455 Andall Street spoke of concerns regarding water quality, noise and traffic. 31 P&Z Recommendation•P&Z Board recommended approval of the conditional use permit for commercial stables with a 4-0 vote and 1 abstention. •P&Z Board recommended denial of the variance to allow up to 50 animal units with a 3-1 vote and 1 abstention. 32 Council Action•Consider Resolution No. 21-67 Approving a Conditional Use Permit for Commercial Stables •Consider Resolution No. 21-68 Denying a Variance to Double the Number of Allowed Animal Units 33