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Home My WebLink About05-26-2020 Council PacketEXPANDED AGENDA CITY COUNCIL AGENDA Tuesday, May 26, 2020 *********** City Council Meeting 6:30 p.m. Meeting to be held electronically Pursuant to MN Statute 13D.021 City Council: Mayor Rafferty, Councilmembers Cavegn, Lyden, Ruhland and Stoesz City Administrator: Jeff Karlson 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, Ruhland, Cavegn and Mayor Rafferty were present for the on-line meeting  Pledge of Allegiance  Open Mike / Public Comment (telephonically only)  Setting the Agenda: Addition or Deletion of Agenda Items The agenda was amended to moved Consent Item 1E to Administration Item 3B. 1. CONSENT AGENDA A) Consideration of Expenditures: i) May 26, 2020 (Check No. 112242 through 112309) in the amount of $507,294.65. B) Consider approval of May 4, 2020 Council Work Session Minutes C) Consider approval of May 11, 2020 Council Minutes D) Consider approval of Advisory Board Appointments E) Consider approval of Resolution 20-52, Special Event Permit for Chomonix Golf Course (moved to Item 3B) Action Taken: Motion by Ruhland, seconded by Cavegn, to approve Consent Agenda Items 1A through 1E as presented, was adopted: Yeas, 5; Nays none How to Join the Meeting Phone: Dial 1 312 626 6799 Meeting ID: 821-5900-5689 Weblink: https://zoom.us/j/82169005689 Council Agenda -2- May 26, 2020 2. FINANCE DEPARTMENT REPORT No report 3. ADMINISTRATION DEPARTMENT REPORT A) Consider Appointment of a Police Officer, John Swenson Action Taken: Motion by Cavegn, seconded by Ruhland, to approve the appointment of Mike Monson as recommended, was adopted: Yeas, 5; Nays none B) Consider approval of Resolution 20-52, Special Event Permit for Chomonix Golf Course Action Taken: Motion by Lyden, seconded by Stoesz, to approve Resolution No. 20-52 as presented, was adopted: Yeas, 5; Nays none 4. PUBLIC SAFETY DEPARTMENT REPORT No report 5. PUBLIC SERVICES DEPARTMENT REPORT A) Consider Approval of Resolution No. 20-50, Approving Air Duct and Diffuser Cleaning at Civic Complex Contract, Rick DeGardner Action Taken: Motion by Stoesz, seconded by Ruhland, to approve Resolution No. 20-50 as presented, was adopted: Yeas, 5; Nays none B) Consider Approval of Resolution No. 20-48, Accepting Quotes and Awarding a Construction Contract, 12th Avenue Trail Project, Diane Hankee Action Taken: Motion by Ruhland, seconded by Lyden, to approve Resolution No. 20-48 as presented, was adopted: Yeas, 5; Nays none 6. COMMUNITY DEVELOPMENT REPORT A) Consider Second Reading of Ordinance No. 02-20 Rezoning Property from R, Rural to R-1, Single Family Residential for Nadeau Acres, Katie Larsen Action Taken: Motion by Stoesz, seconded by Ruhland, to approve the Second Reading and Adoption of Ordinance No. 02-20 as presented, was adopted: Yeas, 4; Nays, 1 as follows: Yeas, Stoesz, Ruhland, Cavegn, Rafferty; Nays, Lyden B) Consider Resolution No. 20-51 Approving Site Improvement Performance Agreement for 617 Apollo Drive (Muddy Cow), Katie Larsen Action Taken: Motion by Ruhland, seconded by Cavegn, to approve Resolution No. 20-51 as presented, was adopted: Yeas, 5; Nays none C) Consider Resolution No. 20-53, Providing for Temporary Requirements Related to Outdoor Dining and Service and Consumption of On-Sale Alcoholic Beverages, Michael Grochala Council Agenda -3- May 26, 2020 Action Taken: Motion by Lyden, seconded by Ruhland, to approve Resolution No. 20-51 as presented, was adopted: Yeas, 5; Nays none 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Community Calendar – A Look Ahead May 26, 2020 through June 8, 2020 Wednesday, May 27 6:30 pm, (on Zoom) Environmental Board Monday, June 1 6:00 pm, Council Chambers Council Work Session Thursday, June 4 8:00 am (on Zoom) EDAC Monday, June 8 6:30 pm, Council Chambers City Council Meeting CITY COUNCIL AGENDA Tuesday, May 26, 2020 *********** City Council Meeting 6:30 p.m. Meeting to be held electronically Pursuant to MN Statute 13D.021 City Council: Mayor Rafferty, Councilmembers Cavegn, Lyden, Ruhland and Stoesz City Administrator: Jeff Karlson COUNCIL WORK SESSION, 6:00 P.M. Community Room (not televised) 1. Review Regular Agenda CITY COUNCIL MEETING, 6:30 P.M.  Roll Call  Pledge of Allegiance  Open Mike / Public Comment  Setting the Agenda: Addition or deletion of agenda items 1. CONSENT AGENDA A) Consideration of Expenditures: i) May 26, 2020 (Check No. 112242 through 112309) in the amount of $507,294.65. B) Consider approval of May 4, 2020 Council Work Session Minutes C) Consider approval of May 11, 2020 Council Minutes D) Consider approval of Advisory Board Appointments E) Consider approval of Resolution 20-52, Special Event Permit for Chomonix Golf Course 2. FINANCE DEPARTMENT REPORT No report 3. ADMINISTRATION DEPARTMENT REPORT A) Consider Appointment of a Police Officer, John Swenson How to Join the Meeting Phone: Dial 1 312 626 6799 Meeting ID: 821-5900-5689 Weblink: https://zoom.us/j/82169005689 Council Agenda -2- May 26, 2020 4. PUBLIC SAFETY DEPARTMENT REPORT No report 5. PUBLIC SERVICES DEPARTMENT REPORT A) Consider Approval of Resolution No. 20-50, Approving Air Duct and Diffuser Cleaning at Civic Complex Contract, Rick DeGardner B) Consider Approval of Resolution No. 20-48, Accepting Quotes and Awarding a Construction Contract, 12th Avenue Trail Project, Diane Hankee 6. COMMUNITY DEVELOPMENT REPORT A) Consider Second Reading of Ordinance No. 02-20 Rezoning Property from R, Rural to R-1, Single Family Residential for Nadeau Acres, Katie Larsen *Council may vote to dispense with full reading of ordinance * Roll call vote is required for adoption of the ordinance B) Consider Resolution No. 20-51 Approving Site Improvement Performance Agreement for 617 Apollo Drive (Muddy Cow), Katie Larsen C) Consider Resolution No. 20-53, Providing for Temporary Requirements Related to Outdoor Dining and Service and Consumption of On-Sale Alcoholic Beverages, Michael Grochala 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Community Calendar – A Look Ahead May 26, 2020 through June 8, 2020 Wednesday, May 27 6:30 pm, (on Zoom) Environmental Board Monday, June 1 6:00 pm, Community Room Council Work Session Thursday, June 4 8:00 am, (on Zoom) EDAC Monday, June 8 6:30 pm, Council Chambers City Council Meeting Expenditures May 26, 2020 Check #112242 to #112309 $507,294.65 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 05/26/2020 City Council Meeting Vendor Fund/Dept Account Amount Check # Description AFLAC 101-000 101-000-2040-000 76.34 112249 Insurance Premiums Delta Dental of Minnesota 101-000 101-000-2040-000 264.90 112263 Dental Insurance Premiums Medica 101-000 101-000-2040-000 1,056.60 112284 Health Insurance Premiums NCPERS Group Life Insurance 101-000 101-000-2040-000 256.00 112245 June Life Insurance Premiums Medica 101-000 101-000-2041-000 8,730.64 112284 Health Insurance Premiums Delta Dental of Minnesota 101-000 101-000-2044-000 1,378.00 112263 Dental Insurance Premiums Anoka County Property Records & Taxation 101-000 101-000-2081-000 46.00 112250 Easement Encroachment 2056 Chestnut St Anoka County Property Records & Taxation 101-000 101-000-2081-000 46.00 112250 Easement Encroachment 1943 Rosewood St Anoka County Property Records & Taxation 101-000 101-000-2081-000 46.00 112250 Easement Encroachment 6562 Deerwood Ln Anoka County Property Records & Taxation 101-000 101-000-2081-000 46.00 112250 Easement Encroachment 2093 Cypress St Met Council Environmental Services (SAC) 101-000 101-000-2120-000 22,365.00 112287 April 2020 SAC Met Council Environmental Services (SAC) 101-000 101-000-3414-000 -223.65 112287 April 2020 SAC 101-000 Total 34,087.83 Medica 101-402 101-402-4131-000 538.42 112284 Health Insurance Premiums Delta Dental of Minnesota 101-402 101-402-4134-000 176.40 112263 Dental Insurance Premiums Keystone Compensation Group 101-402 101-402-4300-000 4,375.00 112276 Remaining Balance for Completing Compensation Project Optum 101-402 101-402-4310-000 90.00 112293 April Retirees & Cobra Fee U.S. Bank Visa 101-402 101-402-4330-000 -258.46 112305 Grand View Lodge/Refund TASC - Client Invoices 101-402 101-402-4410-000 93.80 112300 April Admin Fees 101-402 Total 5,015.16 Medica 101-407 101-407-4131-000 2,481.05 112284 Health Insurance Premiums Delta Dental of Minnesota 101-407 101-407-4134-000 99.22 112263 Dental Insurance Premiums Anoka County Property Records & Taxation 101-407 101-407-4308-000 250.00 112250 Largest Taxpayers List 2018 City of Roseville 101-407 101-407-4310-000 15,625.00 112256 May IT Services U.S. Bank Visa 101-407 101-407-4330-000 -465.00 112305 GFOA/Annual Conference Registration Refund U.S. Bank Visa 101-407 101-407-4330-000 370.96 112305 MNCPA/CPE Courses- Ethics Employer's Handbook and Comm./Negot. 101-407 Total 18,361.23 Kennedy & Graven Chartered 101-415 101-415-4300-000 215.50 112275 March Legal WSB & Associates Inc. 101-415 101-415-4300-000 262.70 112307 March I-35E Corridor AUAR Update 2020 WSB & Associates Inc. 101-415 101-415-4300-000 900.00 112307 March 2020 Special Economic Development Projects 101-415 Total 1,378.20 Medica 101-416 101-416-4131-000 538.43 112284 Health Insurance Premiums Delta Dental of Minnesota 101-416 101-416-4134-000 44.10 112263 Dental Insurance Premiums WSB & Associates Inc. 101-416 101-416-4300-000 267.00 112307 March 2020 Miscellaneous Escrow Account WSB & Associates Inc. 101-416 101-416-4410-000 591.08 112307 March I-35E Corridor AUAR Update 2020 101-416 Total 1,440.61 WSB & Associates Inc. 101-417 101-417-4300-000 180.00 112307 March 2020 MS4 Services WSB & Associates Inc. 101-417 101-417-4300-000 138.50 112307 March 7020 West Shadow Lake Dr. CUP WSB & Associates Inc. 101-417 101-417-4300-000 2,059.50 112307 March Main Street (CSAH 14)/Central Anoka Co. Regional Trail Seg WSB & Associates Inc. 101-417 101-417-4300-000 591.08 112307 March I-35E Corridor AUAR Update 2020 WSB & Associates Inc. 101-417 101-417-4300-000 192.00 112307 March 2020 Miscellaneous Escrow Account WSB & Associates Inc. 101-417 101-417-4300-000 1,866.00 112307 February 7020 West Shadow Lake Dr. CUP WSB & Associates Inc. 101-417 101-417-4300-000 1,121.00 112307 March 2020 Private Utility Permits WSB & Associates Inc. 101-417 101-417-4410-000 5,180.00 112307 March 2020 General Engineering Services 101-417 Total 11,328.08 Medica 101-418 101-418-4131-000 538.42 112284 Health Insurance Premiums Delta Dental of Minnesota 101-418 101-418-4134-000 44.10 112263 Dental Insurance Premiums 101-418 Total 582.52 Medica 101-420 101-420-4131-000 17,743.97 112284 Health Insurance Premiums Delta Dental of Minnesota 101-420 101-420-4134-000 950.34 112263 Dental Insurance Premiums Innovative Office Solutions LLC 101-420 101-420-4200-000 148.46 112273 Markers Wipes Toner U.S. Bank Visa 101-420 101-420-4200-000 27.96 112305 Amazon/USB for Investigations Defense Data Requests Conney Safety 101-420 101-420-4211-000 66.95 112259 KC Kleenguard A40 Hoods Lynn Peavey Company 101-420 101-420-4211-000 295.80 112281 Drug Test Kits Tie-Tags Wired Tags Streicher's Inc. 101-420 101-420-4211-000 148.40 112299 Department Ammo U.S. Bank Visa 101-420 101-420-4211-000 123.03 112305 Chewy.com/Dog Food U.S. Bank Visa 101-420 101-420-4211-000 139.98 112305 Steichers/Beanbag Round/Shotshell Carrier for Shotguns U.S. Bank Visa 101-420 101-420-4240-000 274.97 112305 Adaptive Tactical/2 Conversion Kits for 870 Shotguns U.S. Bank Visa 101-420 101-420-4240-000 26.73 112305 ACE/Squad Car Keys U.S. Bank Visa 101-420 101-420-4240-000 263.97 112305 Adaptive Tactical/2 Tactical Flashlights for Shotguns U.S. Bank Visa 101-420 101-420-4240-000 5.31 112305 Amazon/Key Fab Batteries for Investigations Squad Car U.S. Bank Visa 101-420 101-420-4321-000 1,785.21 112305 Verizon Wireless U.S. Bank Visa 101-420 101-420-4321-000 61.59 112305 Verizon Wireless U.S. Bank Visa 101-420 101-420-4370-000 74.99 112305 511 Tactical/Uniform Allowance - J. Swenson Page 1 AP Checks by Account Number 05/26/2020 City Council Meeting Vendor Fund/Dept Account Amount Check # Description U.S. Bank Visa 101-420 101-420-4370-000 300.24 112305 Amazon/Uniform Allowance - K. Leibel U.S. Bank Visa 101-420 101-420-4370-000 17.04 112305 Gould & Goodrich/Uniform Allowance - C. Schirmers U.S. Bank Visa 101-420 101-420-4370-000 74.95 112305 Elite Survival Systems/Uniform Allowance - K. Sinna U.S. Bank Visa 101-420 101-420-4370-000 193.89 112305 Oakley Standard Issue/Uniform Allowance - A. Halverson U.S. Bank Visa 101-420 101-420-4370-000 31.99 112305 Amazon/Uniform Allowance - M. Rumpsa U.S. Bank Visa 101-420 101-420-4370-000 117.39 112305 Back Defense Systems/Uniform Allowance - A. Hallin Connexus Energy 101-420 101-420-4381-000 30.35 112244 Electric Anoka County Treasury Office 101-420 101-420-4410-000 900.00 112251 1st Quarter 2020 State Access Fee Metro Sales Incorporated 101-420 101-420-4410-000 36.00 112288 Copier Maintenance Ricoh/MP 4055SP Otter Lake Animal Care Center 101-420 101-420-4410-000 190.00 112294 Boarding 101-420 Total 24,029.51 Medica 101-421 101-421-4131-000 1,313.91 112284 Health Insurance Premiums Delta Dental of Minnesota 101-421 101-421-4134-000 63.96 112263 Dental Insurance Premiums U.S. Bank Visa 101-421 101-421-4214-000 377.82 112305 FastSigns Blaine/4 Banners for Fire Trucks Menards - Forest Lake 101-421 101-421-4240-000 21.43 112285 Brooms Clothes Hangers U.S. Bank Visa 101-421 101-421-4240-000 119.99 112305 Amazon/Waterproof Hard Case With Foam U.S. Bank Visa 101-421 101-421-4240-000 121.24 112305 Amazon/LED Streamlight Flashlight U.S. Bank Visa 101-421 101-421-4240-000 99.95 112305 Amazon/Gas Leak Detector U.S. Bank Visa 101-421 101-421-4300-000 1,650.00 112305 MN Board of Firefighter/Firefighter License Renewals U.S. Bank Visa 101-421 101-421-4321-000 147.68 112305 Verizon Wireless Advanced Graphix Inc. 101-421 101-421-4370-000 22.00 112248 Helmet Names Macqueen Equipment Inc. 101-421 101-421-4370-000 652.15 112282 Fire Helmet Defender Shield Liners Lime Reflexite Bar Trim Trans Union LLC 101-421 101-421-4410-000 16.34 112302 Background Checks Trans Union LLC 101-421 101-421-4410-000 16.34 112302 Background Checks 101-421 Total 4,622.81 Medica 101-422 101-422-4131-000 1,680.96 112284 Health Insurance Premiums Delta Dental of Minnesota 101-422 101-422-4134-000 88.20 112263 Dental Insurance Premiums U.S. Bank Visa 101-422 101-422-4321-000 155.59 112305 Verizon Wireless 101-422 Total 1,924.75 Medica 101-430 101-430-4131-000 3,237.78 112284 Health Insurance Premiums Delta Dental of Minnesota 101-430 101-430-4134-000 242.55 112263 Dental Insurance Premiums Menards - Forest Lake 101-430 101-430-4211-000 49.06 112285 Heavy Duty Const/Rem Adh. Metal Spring Clamp Screws U.S. Bank Visa 101-430 101-430-4211-000 60.48 112305 The Home Depot/Materials for Stump Grind Project Earl F. Andersen 101-430 101-430-4223-000 44.40 112264 Tuff Bolts & Nuts City of St. Paul 101-430 101-430-4224-000 2,171.04 112257 Asphalt Mix City of St. Paul 101-430 101-430-4224-000 3,943.66 112257 Asphalt Mix Cartegraph Systems Inc. 101-430 101-430-4300-000 6,000.00 112252 Cartegraph Subscription U.S. Bank Visa 101-430 101-430-4321-000 42.65 112305 Verizon Wireless Connexus Energy 101-430 101-430-4385-000 1,512.74 112244 Electric Xcel Energy 101-430 101-430-4385-000 4,076.80 112308 Electric-Street Lights Trugreen Commercial 101-430 101-430-4410-000 58.92 112303 Lawn Service - 14712 Victor Hugo Blvd N 101-430 Total 21,440.08 Medica 101-431 101-431-4131-000 1,084.08 112284 Health Insurance Premiums Delta Dental of Minnesota 101-431 101-431-4134-000 66.15 112263 Dental Insurance Premiums Hotsy Equipment of Minnesota 101-431 101-431-4211-000 498.64 112272 Truck & Equipment Wash Bulk MN Department of Public Safety 101-431 101-431-4211-000 84.00 112290 Police License Plates for Patrol Cars Mansfield Oil Company 101-431 101-431-4212-000 1,277.30 112283 1001 Dyed B20 ULS2 Clean 365 Mansfield Oil Company 101-431 101-431-4212-000 2,500.15 112283 1890 Conv 87 Oct E-10 U.S. Bank Visa 101-431 101-431-4212-000 5.84 112305 Bill's Superette/2.78 Gal. Non Oxy Gas for Boat 21 #613 U.S. Bank Visa 101-431 101-431-4212-000 31.80 112305 Lakes 1 Stop/10.968 G. Diesel for Toolcat U.S. Bank Visa 101-431 101-431-4212-000 43.69 112305 Bill's Superette/20.817 G. Non-Oxy for Small Equipment U.S. Bank Visa 101-431 101-431-4212-000 37.60 112305 Bill's Superette/15 Gal Non Oxy Gasoline- Small Gas Engine Equip U.S. Bank Visa 101-431 101-431-4221-000 48.77 112305 Amazon/3 boxes of Disposable Nitrile Gloves U.S. Bank Visa 101-431 101-431-4221-000 105.45 112305 Ebay.com/Replacement Diode Board for Cold Planer CP24 U.S. Bank Visa 101-431 101-431-4221-000 107.85 112305 Amazon/Stock 15 Quarts of 15W50 Synthetic Engine Oil for Mowers U.S. Bank Visa 101-431 101-431-4221-000 69.95 112305 Gama Electronics/12V Radio Frequency Controller- Buffalo Blower U.S. Bank Visa 101-431 101-431-4221-000 3.97 112305 The Home Depot/Batteries for Buffalo Blower Remote Control U.S. Bank Visa 101-431 101-431-4221-000 21.33 112305 Amazon/Aluminum and Steel Rivets U.S. Bank Visa 101-431 101-431-4221-000 25.00 112305 Ebay.com/Voltage Regulator for John Deere 4100 Tractor #119 Cartegraph Systems Inc. 101-431 101-431-4300-000 2,000.00 112252 Cartegraph Subscription Emergency Apparatus Maintenance 101-431 101-431-4410-000 1,701.89 112265 Tanker T-21 #609 Service Emergency Apparatus Maintenance 101-431 101-431-4410-000 620.75 112265 Grass Rig UTV #615 Service Emergency Apparatus Maintenance 101-431 101-431-4410-000 3,306.01 112265 Tanker T-21 #609 Service Ziegler Inc. 101-431 101-431-5000-000 4,010.00 112309 Annual Skid Steer Trade-In Page 2 AP Checks by Account Number 05/26/2020 City Council Meeting Vendor Fund/Dept Account Amount Check # Description 101-431 Total 17,650.22 Innovative Office Solutions LLC 101-432 101-432-4200-000 368.42 112273 Batteries Paper Soap Flash Drive Mouse Cords Kimball Midwest 101-432 101-432-4200-000 179.97 112278 Vindicator-E U.S. Bank Visa 101-432 101-432-4200-000 25.65 112305 Walmart/Ink Cartridge Anoka County Treasury Office 101-432 101-432-4300-500 75.00 112251 May 2020 Cac Fiber Anoka County Treasury Office 101-432 101-432-4300-501 75.00 112251 May 2020 Cac Fiber Anoka County Treasury Office 101-432 101-432-4300-503 75.00 112251 May 2020 Cac Fiber TDS Metrocom MN 101-432 101-432-4321-000 196.14 112301 Phone Services CenturyLink 101-432 101-432-4321-503 55.61 112254 Phone - Civic Complex Fire Protection Equipment Quadient Finance USA Inc. 101-432 101-432-4322-000 500.00 112295 Postage Machine Postage Connexus Energy 101-432 101-432-4381-500 1,011.29 112244 Electric CenterPoint Energy 101-432 101-432-4383-500 127.25 112243 Natural Gas-1189 Main Street CenterPoint Energy 101-432 101-432-4383-500 133.21 112243 Natural Gas-1187 Main Street CenterPoint Energy 101-432 101-432-4383-500 100.91 112243 Natural Gas-1189 Main Street CenterPoint Energy 101-432 101-432-4383-501 227.36 112243 Natural Gas-7741 Lake Drive CenterPoint Energy 101-432 101-432-4383-502 309.26 112243 Natural Gas-1710 Birch Street Centennial Utilities 101-432 101-432-4383-503 1,032.78 112253 Natural Gas-600 Town Center Pkwy Ace Solid Waste Inc. 101-432 101-432-4384-500 346.34 112242 Trash & Recycling - 1189 Main Street Ace Solid Waste Inc. 101-432 101-432-4384-500 53.00 112242 Commingle Recycling 1189 Main Street Ace Solid Waste Inc. 101-432 101-432-4384-501 0.00 112242 Can Recycling Fire Station #1 Ace Solid Waste Inc. 101-432 101-432-4384-501 76.36 112242 Trash & Recycling - 7741 Lake Drive Ace Solid Waste Inc. 101-432 101-432-4384-502 141.43 112242 Trash & Recycling - 1710 Birch Street Ace Solid Waste Inc. 101-432 101-432-4384-502 0.00 112242 Can Recycling Fire Station #2 Ace Solid Waste Inc. 101-432 101-432-4384-503 418.23 112242 Trash & Recycling - 640 Town Center Pkwy Republic Services #899 101-432 101-432-4384-503 115.90 112246 May Organic Recycling City Hall Metro Sales Incorporated 101-432 101-432-4410-000 85.18 112288 Copier Maintenance Ricoh/MP C306SPF Coverall of the Twin Cities 101-432 101-432-4410-500 749.00 112260 May Commercial Cleaning Services Coverall of the Twin Cities 101-432 101-432-4410-501 280.00 112260 May Commercial Cleaning Services Coverall of the Twin Cities 101-432 101-432-4410-502 362.00 112260 May Commercial Cleaning Services CES Imaging 101-432 101-432-4410-503 80.00 112255 May Plotter/Scanner Maintenance Coverall of the Twin Cities 101-432 101-432-4410-503 1,094.00 112260 May Commercial Cleaning Services Coverall of the Twin Cities 101-432 101-432-4410-503 2,292.00 112260 May Commercial Cleaning Services Metro Sales Incorporated 101-432 101-432-4410-503 177.10 112288 Copier Maintenance Ricoh/MP 6002SP & C3504 101-432 Total 10,763.39 Medica 101-450 101-450-4131-000 1,999.40 112284 Health Insurance Premiums Delta Dental of Minnesota 101-450 101-450-4134-000 185.20 112263 Dental Insurance Premiums A&L Superior Quality Sod Inc. 101-450 101-450-4211-000 63.00 112247 5# Bluegrass Seed - Stump Grind Restoration Cross Nurseries Inc. 101-450 101-450-4211-000 689.30 112261 Trees Gerten Greenhouses & Garden Center Inc. 101-450 101-450-4211-000 987.40 112269 Fertilizer Landscape Mix Glyphosate Plus Gerten Greenhouses & Garden Center Inc. 101-450 101-450-4211-000 96.45 112269 Grass Seeds U.S. Bank Visa 101-450 101-450-4211-000 25.41 112305 The Home Depot/Boardwalk Replacement Boards U.S. Bank Visa 101-450 101-450-4211-000 10.41 112305 The Home Depot/Misc. for Foxborough Ramp Project U.S. Bank Visa 101-450 101-450-4211-000 26.19 112305 The Home Depot/Soffit for New Pole Shed Repair Cartegraph Systems Inc. 101-450 101-450-4300-000 1,000.00 112252 Cartegraph Subscription WSB & Associates Inc. 101-450 101-450-4300-000 546.25 112307 March 2020 Trail Project U.S. Bank Visa 101-450 101-450-4321-000 98.32 112305 Verizon Wireless Connexus Energy 101-450 101-450-4381-000 66.30 112244 Electric Centennial Utilities 101-450 101-450-4383-000 77.57 112253 Natural Gas-6918 Sunrise Centennial Utilities 101-450 101-450-4383-000 76.89 112253 Natural Gas-7204 Lake Drive Centennial Utilities 101-450 101-450-4383-000 25.53 112253 Natural Gas-6811 Lake Drive CenterPoint Energy 101-450 101-450-4383-000 55.87 112243 Natural Gas-6520 Pheasant Run CenterPoint Energy 101-450 101-450-4383-000 20.82 112243 Natural Gas-1179 Main Street Ace Solid Waste Inc. 101-450 101-450-4384-000 0.00 112242 Trash & Recycling - Sunrise Park Jimmy's Johnnys 101-450 101-450-4410-000 30.00 112274 Toilet Rental Lino Park Jimmy's Johnnys 101-450 101-450-4410-000 30.00 112274 Toilet Rental Birch Park Jimmy's Johnnys 101-450 101-450-4410-000 30.00 112274 Toilet Rental City Hall Park 101-450 Total 6,140.31 Medica 101-451 101-451-4131-000 218.26 112284 Health Insurance Premiums Delta Dental of Minnesota 101-451 101-451-4134-000 8.82 112263 Dental Insurance Premiums 101-451 Total 227.08 Medica 101-461 101-461-4131-000 201.91 112284 Health Insurance Premiums Delta Dental of Minnesota 101-461 101-461-4134-000 16.53 112263 Dental Insurance Premiums U.S. Bank Visa 101-461 101-461-4321-000 47.65 112305 Verizon Wireless 101-461 Total 266.09 Page 3 AP Checks by Account Number 05/26/2020 City Council Meeting Vendor Fund/Dept Account Amount Check # Description Medica 101-462 101-462-4131-000 134.61 112284 Health Insurance Premiums Delta Dental of Minnesota 101-462 101-462-4134-000 11.03 112263 Dental Insurance Premiums Ace Solid Waste Inc. 101-462 101-462-4410-000 102.88 112242 Organic Recycling - Lino Park Ace Solid Waste Inc. 101-462 101-462-4410-000 230.46 112242 Organic Recycling - Marshan Park Ace Solid Waste Inc. 101-462 101-462-4410-000 89.99 112242 Organic Recycling - Clearwater Creek Ace Solid Waste Inc. 101-462 101-462-4410-000 185.42 112242 Organic Recycling - Birch Park 101-462 Total 754.39 Medica 101-463 101-463-4131-000 201.91 112284 Health Insurance Premiums Delta Dental of Minnesota 101-463 101-463-4134-000 16.54 112263 Dental Insurance Premiums 101-463 Total 218.45 Kiesling Scott 201-000 201-000-3810-810 150.00 112277 Refund Playground Program Klossner Elizabeth 201-000 201-000-3810-810 200.00 112279 Refund Playground Program Sala Katie 201-000 201-000-3810-810 300.00 112296 Refund Playground Program Strain Ryan 201-000 201-000-3810-810 300.00 112298 Refund Playground Program Wagner Renee 201-000 201-000-3810-810 300.00 112306 Refund Playground Program 201-000 Total 1,250.00 U.S. Bank Visa 205-497 205-497-4211-000 -480.00 112305 Swank Motion Pictures/Refund 205-497 Total -480.00 Twin Cities Transport & Recovery 209-420 209-420-4300-000 216.00 112304 VIN 333012 GMC Sierra K1500 Denali 209-420 Total 216.00 Dell Marketing LP 403-402 403-402-4240-000 1,217.46 112262 Dell Latitude 5290 Bundle Dock - City Clerk 403-402 Total 1,217.46 WSB & Associates Inc. 405-499 405-499-4300-120 962.00 112307 March Woods Edge Park Final Design 405-499 Total 962.00 WSB & Associates Inc. 406-499 406-499-4304-000 945.72 112307 March I-35E Corridor AUAR Update 2020 WSB & Associates Inc. 406-499 406-499-4304-000 1,831.00 112307 March Water Treatment Plant Feasibility Study WSB & Associates Inc. 406-499 406-499-4304-123 2,848.25 112307 March 49 & J Lift Station Sewer and Water Extension WSB & Associates Inc. 406-499 406-499-4304-127 6,140.50 112307 March Water Tower No. 3 WSB & Associates Inc. 406-499 406-499-4304-127 815.00 112307 March Sanitary Sewer Extension to Tower No. 3 406-499 Total 12,580.47 WSB & Associates Inc. 421-499 421-499-4304-133 2,116.50 112307 March 2020 Street Rehabilitation Project North Valley Inc. 421-499 421-499-4400-133 146,277.53 112291 2020 Street Rehabilitation Project/2020 Apollo Dr. Trail Project 421-499 Total 148,394.03 WSB & Associates Inc. 422-499 422-499-4304-000 236.42 112307 March I-35E Corridor AUAR Update 2020 WSB & Associates Inc. 422-499 422-499-4304-000 5,080.00 112307 March Northeast Lino Lakes Drainage Improvement Project 422-499 Total 5,316.42 WSB & Associates Inc. 424-499 424-499-4304-000 858.00 112307 March 2020 Surface Water Maintenance Project Olson's Sewer Service Inc. 424-499 424-499-4400-000 12,357.83 112292 2019 Surface Water Maintenance Project #2 424-499 Total 13,215.83 Landform 484-499 484-499-4300-000 619.75 112280 April 2040 Comp Plan WSB & Associates Inc. 484-499 484-499-4304-000 360.00 112307 March 2020 Miscellaneous Escrow Account 484-499 Total 979.75 WSB & Associates Inc. 485-499 485-499-4304-000 86.25 112307 March LaMotte Area Street & Utility Improvements WSB & Associates Inc. 485-499 485-499-4304-000 932.00 112307 March West Shadow Lake Drive Construction Phase 485-499 Total 1,018.25 WSB & Associates Inc. 486-499 486-499-4304-000 1,392.75 112307 March 2019 Cedar St./24th Ave./Elmcrest Ave. Improvements North Valley Inc. 486-499 486-499-4400-000 22,082.51 112291 East Cedar Street/Elm Crest Ave North Improvement Project 486-499 Total 23,475.26 Medica 601-494 601-494-4131-000 1,204.94 112284 Health Insurance Premiums Delta Dental of Minnesota 601-494 601-494-4134-000 95.93 112263 Dental Insurance Premiums U.S. Bank Visa 601-494 601-494-4200-000 13.98 112305 Amazon/2 Screen Protectors for iPhone Ferguson Waterworks #2518 601-494 601-494-4211-000 822.58 112267 Water Parts Frattallone's/Circle Pines Ace 601-494 601-494-4211-000 23.16 112268 Fuse Electronic & Fuse Micro Oven U.S. Bank Visa 601-494 601-494-4211-000 75.76 112305 Amazon/Blue Marking Paint U.S. Bank Visa 601-494 601-494-4211-000 23.99 112305 Amazon/AA Rechargeable Batteries U.S. Bank Visa 601-494 601-494-4211-000 11.99 112305 Amazon/AAA Rechargeable Batteries U.S. Bank Visa 601-494 601-494-4211-000 60.95 112305 Amazon/Marking Paint Hawkins Inc. 601-494 601-494-4222-000 5,810.09 112271 Chlorine Cylinders Cartegraph Systems Inc. 601-494 601-494-4300-000 3,000.00 112252 Cartegraph Subscription WSB & Associates Inc. 601-494 601-494-4300-000 2,434.50 112307 March Century Farm North Stormwater Reuse Feasibility Study WSB & Associates Inc. 601-494 601-494-4304-000 120.00 112307 March 2020 Miscellaneous Escrow Account WSB & Associates Inc. 601-494 601-494-4304-000 1,110.00 112307 March 2020 General Engineering Services WSB & Associates Inc. 601-494 601-494-4304-000 200.00 112307 March Pheasant Hill Water Main Repair WSB & Associates Inc. 601-494 601-494-4304-000 1,988.50 112307 March Well House No. 1 Rehabilitation Page 4 AP Checks by Account Number 05/26/2020 City Council Meeting Vendor Fund/Dept Account Amount Check # Description City of Roseville 601-494 601-494-4310-000 690.00 112256 May IT Services Comcast 601-494 601-494-4321-000 57.11 112258 Phone & Internet - 1180 Birch St TDS Metrocom MN 601-494 601-494-4321-000 38.89 112301 Phone Services U.S. Bank Visa 601-494 601-494-4321-000 211.19 112305 Verizon Wireless U.S. Bank Visa 601-494 601-494-4321-000 47.65 112305 Verizon Wireless U.S. Bank Visa 601-494 601-494-4322-000 4.60 112305 Circle Pines Post Office/Mailing Water Samples Connexus Energy 601-494 601-494-4381-000 2,165.18 112244 Electric CenterPoint Energy 601-494 601-494-4383-000 77.23 112243 Natural Gas-6774 Black Duck Drive CenterPoint Energy 601-494 601-494-4383-000 72.19 112243 Natural Gas-6786 Clearwater Creek CenterPoint Energy 601-494 601-494-4383-000 73.88 112243 Natural Gas-1180 Birch Street CenterPoint Energy 601-494 601-494-4383-000 61.66 112243 Natural Gas-6482 Pheasant Run S Gopher State One-Call 601-494 601-494-4410-000 380.70 112270 April Tickets Springbrook Software LLC 601-494 601-494-4410-000 272.00 112297 April UB Web Pmts Trans Fee/Active Acct Fee MN Department of Health 601-494 601-494-4452-000 23.00 112289 Water Supply System Operator Renewal J. Williams 601-494 Total 21,171.65 Medica 602-495 602-495-4131-000 1,204.96 112284 Health Insurance Premiums Delta Dental of Minnesota 602-495 602-495-4134-000 95.93 112263 Dental Insurance Premiums Cartegraph Systems Inc. 602-495 602-495-4300-000 3,000.00 112252 Cartegraph Subscription WSB & Associates Inc. 602-495 602-495-4304-000 1,110.00 112307 March 2020 General Engineering Services City of Roseville 602-495 602-495-4310-000 690.00 112256 May IT Services Comcast 602-495 602-495-4321-000 57.11 112258 Phone & Internet - 1180 Birch St U.S. Bank Visa 602-495 602-495-4321-000 125.31 112305 Verizon Wireless Connexus Energy 602-495 602-495-4381-000 680.42 112244 Electric Centennial Utilities 602-495 602-495-4383-000 20.01 112253 Natural Gas-Sunrise CenterPoint Energy 602-495 602-495-4383-000 20.98 112243 Natural Gas-6666 Black Duck Drive CenterPoint Energy 602-495 602-495-4383-000 19.30 112243 Natural Gas-6300 Laurene Ave CenterPoint Energy 602-495 602-495-4383-000 21.29 112243 Natural Gas-2028 Cypress Street CenterPoint Energy 602-495 602-495-4383-000 19.87 112243 Natural Gas-2200 E. Cedar Street CenterPoint Energy 602-495 602-495-4383-000 19.87 112243 Natural Gas-1473 Snow Goose Trail Met Council Environmental Services 602-495 602-495-4405-000 86,282.56 112286 June Waste Water Services Gopher State One-Call 602-495 602-495-4410-000 380.70 112270 April Tickets Springbrook Software LLC 602-495 602-495-4410-000 272.00 112297 April UB Web Pmts Trans Fee/Active Acct Fee 602-495 Total 94,020.31 Cross Nurseries Inc. 801-000 801-000-2027-000 2,294.26 112261 Trees WSB & Associates Inc. 801-000 801-000-2300-000 2,524.00 112307 March Lyngblomsten Senior Housing Site Study WSB & Associates Inc. 801-000 801-000-2300-000 875.50 112307 March 7020 West Shadow Lake Dr. CUP WSB & Associates Inc. 801-000 801-000-2300-000 201.25 112307 March Stern Addition WSB & Associates Inc. 801-000 801-000-2300-000 4,310.75 112307 March Watermark 3rd Addition WSB & Associates Inc. 801-000 801-000-2300-000 277.00 112307 March 2020 Miscellaneous Escrow Account - Muddy Cow WSB & Associates Inc. 801-000 801-000-2300-000 2,652.50 112307 March Nadeau Acres WSB & Associates Inc. 801-000 801-000-2300-000 2,096.00 112307 February 7020 West Shadow Lake Dr. CUP WSB & Associates Inc. 801-000 801-000-2302-102 2,142.50 112307 March Eastside Villas WSB & Associates Inc. 801-000 801-000-2308-101 162.00 112307 March Century Farms North 7th Addition WSB & Associates Inc. 801-000 801-000-2310-102 162.00 112307 March Woods Edge Eternity Homes LLC 801-000 801-000-2318-000 3,400.00 112266 Escrow Release - 6750 Redwood Ave WSB & Associates Inc. 801-000 801-000-2342-103 178.00 112307 March Love to Grow On WSB & Associates Inc. 801-000 801-000-2344-103 429.00 112307 March Lino Lakes Storage WSB & Associates Inc. 801-000 801-000-2348-102 1,156.50 112307 March Northpoine 7th Addition WSB & Associates Inc. 801-000 801-000-2349-102 112.50 112307 March All Seasons Rental WSB & Associates Inc. 801-000 801-000-2353-102 81.00 112307 March St. Clair Estates WSB & Associates Inc. 801-000 801-000-2359-102 141.25 112307 March Saddle Club 4th Addition WSB & Associates Inc. 801-000 801-000-2388-102 530.50 112307 March Watermark 2nd Addition 801-000 Total 23,726.51 Grand Total 507,294.65 Page 5 Electronic Funds Transfer MN Statute 471.38 Subd. 3 Council Meeting May 26, 2020 Transfer In/(Out) 5/4/2020 HSA Bank ER Contribution (6,374.85) 5/6/2020 Severance Payroll 2020 (15,926.11) 5/6/2020 Severance Payroll 2020 Federal Deposit (11,691.70) 5/6/2020 Severance Payroll 2020 State Deposit (2,290.29) 5/6/2020 Severance Payroll 2020 Child Support (666.00) 5/13/2020 Wire from 4M Fund (Gen Acct) 250,000.00 5/15/2020 Payroll #10 (125,734.32) 5/15/2020 Payroll #10 Federal Deposit (36,400.95) 5/15/2020 Payroll #10 PERA (40,943.18) 5/15/2020 Payroll #10 State (8,090.29) 5/15/2020 Payroll #10 Child Support (276.29) 5/15/2020 Payroll #10 H.S.A. Bank Pretax (3,165.50) 5/15/2020 Payroll #10 TASC Pretax (713.41) 5/15/2020 Payroll #10 ICMA 457 Def. Comp #301596 (4,665.00) 5/15/2020 Payroll #10 ICMA Roth IRA #706155 (615.75) 5/15/2020 Payroll #10 MSRS HCSP #98946-01 (1,698.44) 5/15/2020 Payroll #10 MSRS Def. Comp #98945-01 (3,210.00) 5/15/2020 Payroll #10 MSRS Roth IRS #98945-01 (575.00) 5/15/2020 Building Permit Surcharge (1,650.40) 5/20/2020 Sales & Use Tax (1,374.00) CITY COUNCIL WORK SESSION DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 DATE : May 4, 2020 4 TIME STARTED : 6:00 p.m. 5 TIME ENDED : 11:00 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 Jeff Karlson; Community Development 10 Director Michael Grochala; Director of Public Safety John Swenson; Finance Director 11 Sarah Cotton; City Planner Katie Larsen; Human Resources Manager Karissa 12 Bartholomew; Public Services Director DeGardner; and City Clerk Julie Bartell 13 14 The council meeting was held electronically on the Zoom Meeting platform and as allowed 15 by Minnesota Statutes 13D.021. 16 17 Annual Board of Appeal and Equalization Hearing, Council Chambers (see separate 18 minutes) 19 1. Item 1 was deleted from the agenda prior to the meeting. 20 2. Nadeau Acres – City Planner Larsen reviewed a PowerPoint presentation 21 including information on the following: 22 - Review of Rezoning and Preliminary Plats in March; 23 - Questions on rezoning, future park development and stormwater management; 24 revised plans have been submitted; 25 - Review of Original Preliminary Plat; 26 - Review of Zoning Requirements; 27 - Rezoning from Rural to Single Family Residential; 28 - Guided to low density; 29 - Staff encouraged R-1 (Single Family Residential) based on locale and future 30 consideration; 31 - Physical characteristics of the site; 32 - Future park (not in Nadeau Acres) and where that is planned; 33 - Drainage summary – stormwater management plan (what’s included, what’s 34 considered, design); Plan has been reviewed by City and Rice Creek Watershed 35 District; 36 - A map showing the original stormwater management plan; 37 - A map and information on the revised stormwater management plan; 38 - The watershed district gave conditional approval to the stormwater management 39 plan; 40 - Adjacent property owner concerns on drainage addressed through communication; 41 CITY COUNCIL WORK SESSION DRAFT 2 - Review of existing ditch system (on map) and summary of drainage plans; 42 - Council action requested and advisory board actions and public comments. 43 Mayor Rafferty asked about the 2-1 vote of the Planning and Zoning Board. Ms. Larsen 44 noted that the board is at 5 members and 2 were absent. Ms. Larsen said the nay voter 45 didn’t make specific comments. 46 47 Mayor Rafferty noted the NE corner and the possibility of the culvert. Is staff concerned 48 that the culvert wasn’t possible due to an easement situation. Ms. Hankee explained the 49 plunge pool dissipater and, after review, staff doesn’t have concerns about the design. 50 Council Member Stoesz asked about the width of the road and how it compares to 51 NorthPoine roadways; will there be any parking restrictions? Ms. Hankee noted that 52 nearby Red Oak has a landscaped median but that is not planned for this development. 53 Staff has ensured that streets will align. Ms. Hankee also noted traffic restrictions that 54 will be included. There will be no parking in the area of the turn lanes. Ms. Larsen added 55 that the roads in general are 32’ wide and here is no variance planned for this 56 development. 57 Council Member Lyden noted that there are legitimate concerns that need to be heard. 58 There are eight total acres being drained by rocks to a ditch. It bothers him that it will be 59 drained to a private ditch and therefore some responsibility falls to the owner of that ditch. 60 He has looked at elevations in the area and how that will drain. He hears engineers speak 61 about rate of drain but he prefers to discuss volume. This involves a field and it’s 62 important to consider the volume of water proposed and the distance over which the drop 63 will occur. Considering those elements, this should be a drop of about eleven feet rather 64 than close to one foot. If that property was to flood, it’s private property so it would be 65 the owner’s responsibility. He has other concerns as well. 66 Mayor Rafferty asked about the source of Mr. Lyden’s technical information. 67 Councilmember Lyden noted the information is based on what he believes is an engineer’s 68 standard. 69 Linda Broussard and David Vickers, own and live on the farm west of the 70 development. Ms. Broussard asked the City Engineer if she is aware of the holding 71 volume of the pond. She’s noted that the original plan called for a deeper and smaller 72 pond. Total square footage was increased in the new ponds. Another question she has, 73 looking at the 2030 Comprehensive Plan, she believes their acreage is supposed to be 74 staged for sewer in 2030 (they own all of the property on the western side of the proposed 75 development). Their primary concern is to lose production in the field (due to water) and 76 additional cost to them if there is erosion. They have about 40 or 50 feet where the water 77 flows over the ground and over years the pond will not stay the same depth; pond cleaning 78 is very expensive and a difference will impact water on their property. While the water 79 naturally flows to their property, currently it comes from a large area rather than the 80 proposed ditch. 81 82 CITY COUNCIL WORK SESSION DRAFT 3 City Engineer Hankee explained that the drainage areas to pond remain the same. She 83 doesn’t have the numbers tonight on volume change but the way the pond works is that 84 you have acres of impervious surface being added that will cause the water to flow more 85 quickly; it mo ves to a pond and it leaves the site from there; a larger pond lowers the rate. 86 Ms. Broussard asked at what point the water starts moving toward the dissipater Ms. 87 Hankee explained at what point the water would flow from the pond (as indicated in the 88 plans). Ms. Broussard wondered if they will have constant flow to their property. 89 City Planner Larsen noted, regarding the utility staging, that the property would be 90 included in the 2025 to 2030 area. 91 Councilmember Cavegn noted the issue of erosion that lays with the property owner. He 92 sees that as a burden and perhaps unfair. He wonders if there are other options. City 93 Engineer Hankee explained that the applicant has met the requirements for storm water 94 management; the runoff rates to that site are being reduced. She wants to better 95 understand the concern. Councilmember Cavegn explained that there is a large amount of 96 water flowing to a certain amount of property and he believes that the concentration of the 97 flow will cause erosion. Ms. Hankee said the rate will be controlled with the ponding 98 system whereas currently it would come all at once; there shouldn’t be a large surface 99 flow. Councilmember Cavegn asked if there are currently erosion issues and Mr. Vickers 100 explained the current situation and his concern about where the dirt will land and he 101 believes that it will be in the ditch and in turn the water in the ditch will be elevated. The 102 impact will be on the yield of crops planted on his property. It isn’t right for him to incur 103 the cost of maintenance. Ms. Hankee explained that the dissipater will take out the 104 sediment, noting that is what has happened in fact in the NorthPointe area. Community 105 Development Director Grochala said he believes the concern is erosion caused from the 106 dissipater to the ditch and will that cause erosion; he believes there can be information 107 provided to ensure that isn’t a problem. Mr. Grochala suggested an easement in a certain 108 area to the City of Lino Lakes to ensure that maintenance occurs. Ms. Broussard 109 explained that any easement has to receive consent of Xcel Energy as well as the 110 watershed district; past that, she thinks that something they would discuss. 111 Mayor Rafferty noted that the developer has an engineer providing information that is 112 reviewed by the City’s engineer. Staff is suggesting an easement agreement to ensure 113 certain maintenance. He is interested in seeing the resident’s concerns addressed. 114 Community Development Director Grochala said staff will explore the easement and 115 address the residents’ concerns. 116 Councilmember Lyden wondered if this development would be a better quality of 117 neighborhood if it were zoned R1x; his personal preference is that. Also, on the park, he 118 doesn’t think it’s realistic for kids to travel across 20th Street to a park. His suggestion is, 119 in the first staging area, leave a couple of pads as open space initially and until 120 development of a park. Another concern is that cul de sacs are limited in length by city 121 ordinance and he believes this development is in violation. Mayor Rafferty noted that the 122 CITY COUNCIL WORK SESSION DRAFT 4 lots average about 12,000 square feet and that is larger than his home. He appreciates 123 Councilmember Lyden’s comments. 124 City Planner Larsen clarified that the cul de sac is temporary. City Planner Larsen also 125 explained the staging situation. Currently the area is zoned rural, guided for low density 126 residential at which time rezoning occurs. Staff reviewed square footages for R-1 versus 127 R-1x zoning. 128 Mayor Rafferty echoed concerns about the lack of park development. Councilmember 129 Cavegn suggested that there are four or five outlots but it was pointed out that they are 130 not of any scale and are in fact mainly ponds or trails. 131 132 Mayor Rafferty asked that staff continue to meet with the Broussard-Vickers and attempt 133 to address their concerns. 134 Councilmember Ruhland suggested that the council may want to check out the 135 NorthPointe system that is similar to what is proposed. Ms. Hankee offered to provide 136 more information, including the local of a dissipater that is in place. 137 3. Lyngblomsten PUD Amendment #1 – City Planner Larsen reviewed a 138 Powerpoint presentation including infor mation on the following: 139 - History of the Lyngblomsten project and the master planning for the area; 140 - In 2019 the council approved the PUD for the phased Lyngblomsten proposal; 141 - Elements included in the developments (cottage homes, senior campus, club house, 142 restaurant and commercial development); 143 - Buffer provided for adjacent residential properties; 144 - Architectural element overview; 145 - As final plans came together, developer sees the need for additional stormwater 146 ponding; looking at the elimination of the clubhouse and associated parking lot; 147 - The clubhouse was planned for use by residents and others and Lyngblomsten is 148 proposing to add 8,000 square feet to the common area in the senior living facility; 149 - Planning & Zoning Board review and comments heard on landscaping, an element 150 that staff will continue to work on in final planning; board recommended approval of 151 the clubho use change; 152 - Actions requested of council (amending plans to remove clubhouse and enlarge 153 stormwater). 154 Councilmember Lyden received clarification that there is some underground parking. 155 Also he is interested in seeing a “welcome to Lino Lakes sign” in the area and Ms. Larsen 156 said there is a monument sign included in the development plans. 157 158 Councilmember St oesz asked about the trail in the area that stubs to nothing; who will 159 maintain that trail. Director Grochala said maintenance falls to the City. Councilmember 160 Stoesz also received an explanation of what roads will be private and which will be public 161 and how they will be signed. He also received verification that elimination of the 162 CITY COUNCIL WORK SESSION DRAFT 5 clubhouse will not change the tax increment financing plan proposed. 163 164 Mayor Rafferty remarked that he’s watched this development come forward, it’s a quality 165 project and the developers (architects) are top notch. The council will consider action at 166 the upcoming council meeting. 167 4. City Administrator Hiring Process – Human Resources Manager Bartholomew 168 reviewed the process proposed to fill the City Administrator position when current 169 Administrator Jeff Karlson retires in August. She reviewed, item by item, the tentative 170 employment agreement. Much of what is included mirrors the current administrator’s 171 contract and the City’s personnel policies. She is looking for direction on compensation. 172 173 Mayor Rafferty asked staff to research what other cities are providing in the area of the 174 car allowance. Ms. Bartholomew noted that information she’s seen shows the auto 175 allowance is pretty standard; Mr. Karlson concurred adding that the amount may be low 176 since it hasn’t changed for many years. 177 178 Councilmember Stoesz remarked that in the private sector cell phone allowance is unusual 179 because the phones are now so prevalent and use unlimited. Mayor Rafferty suggested 180 that it could be seen as reimbursement for the portion of your phone that you use for 181 business. 182 183 Councilmember Stoesz wondered if it’s appropriate to include language on inappropriate 184 activities such as on social media. Ms. Bartholomew suggested that falls under other 185 policy such as the City’s social media policy. 186 187 Councilmember Cavegn asked about the compensation steps; Ms. Bartholomew indicated 188 that steps moving forward would be based on performance and council authorization. 189 Councilmember Ruhland asked Mr. Karlson if he has any recommendations. 190 Administrator Karlson said that feedback is very important; expectations are important to 191 understand. Also it’s important for the council to hear the administrator’s opinion. 192 193 Councilmember Lyden noted how excited he is that Ms. Cotton will apply for this job; it’s 194 a wonderful opportunity for the City. He is respectful of the Mayor’s role in working the 195 most with the administrator. 196 197 Mayor Rafferty said he isn’t comfortable talking about compensation at this point. He 198 would like to have more time to review and to also to hear from Ms. Cotton. 199 200 Mayor Rafferty asked for more information on accrued time. It would be beneficial for 201 the council to understand that element also. He feels it’s important to use vacation time 202 in the manner that it’s intended; important for employees to have breaks. He also 203 recommends that councilmembers contact staff individually for questions that may be 204 easier answered in that way. 205 206 CITY COUNCIL WORK SESSION DRAFT 6 Councilmember Lyden asked for Ms. Cotton’s perspective on the position. That will be 207 clarified with the next agenda item. 208 5. Review of Finance Director Position – Human Resources Manager 209 Bartholomew reviewed her written report, including options for hiring a new Finance 210 Director (option one) or the reorganization of job duties (option two). Option two 211 represents what Ms. Cotton would envision as necessary if the Finance Director position 212 were not filled. The report also revisits the possibility of adding a Communications 213 Specialist position. She reviewed cost impacts (savings) related to the reorganization 214 option. 215 216 Finance Director Cotton explained her thoughts about the second option. She feels that it 217 is feasible but with reorganization. She explained the functions that she feels could be 218 transferred to a finance manager position and the experience of one current employee that 219 would make it feasible. She has prepared job descriptions redistributing duties. Option 220 two would create a weave that in the long term would have an administrator position that 221 could require skills that may be hard to find. 222 223 Mayor Rafferty said he doesn’t want the administrator to be overburdened but also 224 understands that you don’t take the finance out of someone coming from that background. 225 It’s important to hear Ms. Cotton’s opinion. He has some concern about the 226 Communications positions being brought in again; the council discussed those duties being 227 handled by current staff. 228 229 Councilmember Stoesz noted that Ms. Cotton has served as the IT manager for the City as 230 well and he’d like to understand that commitment. Ms. Cotton explained the duties and 231 suggested it probably takes about 10 percent of her time; she would intend that the finance 232 manager would take over that duty. 233 234 Councilmember Ruhland echoed the Mayor’s remark about handling communications with 235 current staff. He asked for Ms. Cotton’s opinion on the options. Ms. Cotton said the 236 reason the council is seeing the communications piece is that it is a component of the 237 proposed reorganization; her opinion is that in order to be successful, all the pieces would 238 have to be in place. She explained the value of a communications position and 239 specifically that is creating content. 240 241 Councilmember Cavegn said he recognizes the appeal of the savings but pointed out the 242 difficulty of replacement and also that the ease of this transition is really about having a 243 finance director that moves ahead; that wouldn’t be the case. 244 245 Administrator Karlson added that in Tracy Thouma and Karissa Bartholomew, the City 246 would have people who could certainly have come up the pipeline. 247 248 Mayor Rafferty remarked that it’s a compliment to Ms. Cotton that the council considers 249 her so capable to consider dual roles. He thinks the communications position as well as 250 CITY COUNCIL WORK SESSION DRAFT 7 the option of reorganization are things to continue discussing. 251 252 Councilmember Ruhland mentioned the issue of compensation and how that would reflect 253 dual roles. Administrator Karlson remarked that for an individual taking on more 254 responsibility, the increase is generally in the range of ten percent. 255 256 Councilmember St oesz asked if a base plus bonus option would be appropriate, with the 257 bonus tied to metrics. Ms. Bartholomew said she hasn’t heard of a city administrator 258 salary bonus system. Administrator Karlson explained that you cannot offer a bonus in a 259 public employee system; you can offer merit pay but it’s very unusual and would normally 260 be a lump sum in a performance program. 261 262 Councilmember Lyden asked for a recommendation from Ms. Bartholomew for an 263 appropriate salary for the administrator position; she responded that she concurs with Mr. 264 Karlson that the ten percent range is appropriate. 265 266 Mayor Rafferty said the discussion has been valuable and questions have been asked. At 267 this point, he’d like to stop negotiating and move to thought process and eventually come 268 back to it. When asked about a delay, Ms. Cotton noted her concern about the need to 269 either seek a finance officer or start a reorganization. Mayor Rafferty noted that he has 270 no interest in the first option so that is information that may assist in planning for the next 271 discussion. 272 6. Ambulance Service – Public Safety Director Swenson explained that staff is ready 273 to bring a recommendation forward on this matter and the background is included in the 274 staff report. On June 1, 2020 the current ambulance provider (North Memorial) will no 275 longer be providing services in this area. The ESAB has not rendered a decision on the 276 type of change the City faces but the City must move. Staff has found that there is an 277 ambulance service overlap which means the City can choose from two available providers, 278 M Health Fairview and Allina. Staff is recommending Allina services effective June 1. 279 Allina Ambulance Service has a long history in the area and has received positive 280 comments from cities they serve throughout the county. Their dispatch services will 281 work well. The City has conversed with Allina on the matters of: 1) training they will 282 provide; and 2) lease of space for an ambulance and crew out of Fire Station No. 1. 283 There will be some positive redundancy in ambulance presence due to their services in 284 other areas of the county. He noted the lease fee proposed. 285 286 Mayor Rafferty received information clarifying the current leasing situation with North 287 Memorial, allowing space for one ambulance and one crew at either Station No. 1 or 288 Station No. 2. Allina is not interested in utilizing Station No. 1 as they have facilities in 289 Vadnais Heights. Mayor Rafferty asked to understand better the lease fee and Director 290 Swenson said the lease revenue the City would receive would decrease by around $500 291 per month. Mayor Rafferty asked if the remodeling at Station No. 1 is completed and 292 Director Swenson said yes and explained what areas an ambulance crew would use. 293 294 CITY COUNCIL WORK SESSION DRAFT 8 Councilmember Stoesz asked, is there is a point where the City insists on a higher rent and 295 the provider then could chooses to not cover the area. Director Swenson said the choice 296 to not accept the agreement would mean going with a different provider; he pointed out 297 that the priority has to be having the best service provider. Mayor Rafferty concurred that 298 the best situation for the City and its residents is the goal. 299 300 The council concurred that an action on the matter will be added to the council agenda. 301 7. Advisory Board Appointments – Administrator Karlson noted the advisory 302 board information presented in the staff report. Staff is asking if the council is ready to 303 establish a process for filling the positions. The council concurred that they would 304 interview only for boards were there are more applicants than openings (that would be 305 only the Planning and Zoning Board). Council Member Stoesz added that the council 306 should make themselves available for feedback if applicants would like that contact and 307 also plan to have an all-board/city council joint meeting whenever that becomes feasible. 308 The council is available for a Zoom meeting and staff will set up 20 minute interviews. 309 8. Annual License Fee Refunds – City Clerk Bartell addressed the council 310 regarding business licenses and fees. The City is currently in the process of renewing 311 licenses and staff has heard from licenses holders about the impact of not being able to 312 operate and use their licenses. State law does allow cities to refund fees under 313 circumstances that are not controlled by the business owners. The options presented are: 314 a) to provide a fee refund on a monthly pro rata basis for months that businesses were not 315 able to operate; and b) allow businesses to pay one half of their fee upon application and 316 the other half midway into their license period. Ms. Bartell noted the licenses involved. 317 318 Mayor Rafferty spoke in favor of the fee changes; it represents doing what is right under 319 the current circumstances. 320 321 Councilmember Cavegn noted that the active peddler license is for tree care and maybe 322 they wouldn’t benefit from an extension since that activity is seasonal. Ms. Bartell 323 indicated that staff would intend to be flexible and work with licensees so that they can 324 benefit from the spirit these changes. 325 326 Councilmember Lyden asked if this is consistent with what other cities are doing. Ms. 327 Bartell said she’s checked with other cities and has found that, across the board, there isn’t 328 a real standard but she’s seen cities deciding on things that are right for their communities 329 in ways that are similar to what is beinpresented to the council. 330 331 The council concurred that they support the fee changes and they will consider formal 332 action at the next council meetings. 333 9. 2021 Budget Calendar/Priorities – Finance Director Cotton reviewed a 334 proposed budget calendar. The first budget work session is proposed for July 27th. 335 Another option would be to have it as an item on the August work session but that may be 336 a late start. Secondly, she noted information received from the county indicating an 337 CITY COUNCIL WORK SESSION DRAFT 9 approximate 5% increase in the City’s taxable value, resulting in a preliminary estimate of 338 a levy increase of $530,000 without raising the tax rate. She noted factors that will have 339 to be considered moving forward to budget consideration (i.e. past use of reserves, 340 inflat ionary increases, personnel changes). This is an opportunity for the council to 341 inform staff of any priorities and strategies for the coming year’s budget, noting that a 342 previously planned strategy session was cancelled due to the current emergency. 343 The council discussed briefly the general fund reserve and one time funds that were 344 utilized for the 2020 budget. 345 346 The council concurred that they would plan to have a special session on July 27th 347 following the regular council meeting. 348 10. 2021 – 2024 Five-Year Street Reconstruction Plan – Community Development 349 Director Grochala reviewed the three elements of the City’s pavement management plan – 350 preventive management (funded through the City’s annual budget), preservation and 351 rehabilitation (annual overlay projects) and street reconstruction (bigger projects – full 352 reconstruction, funded through bonding). He is addressing that third element. He 353 explained that the City normally undertakes a project every three years (next one being in 354 2021). In order to use street reconstruction bonds for these projects, plans must be made 355 ahead that allows for required process. A public hearing would be required by July 1 of 356 this year. He noted a plan currently under consideration for 2021 and 2024 (2024 would 357 be revisited). The recommendations are based on pavement ratings and specifically on 358 streets that are found on the low end of the rating scale. He added that the streets 359 presented may not be possible to accomplish in the two projects but that will be decided as 360 costs become clearer. He is requesting authorization to proceed with the staff work 361 necessary to bring additional information forward in June. 362 Mayor Reinert asked staff, what is the root of the concern that everything can’t be done 363 and Mr. Grochala explained that it comes down to funds and, with that in mind, he will be 364 working with the City E ngineer to make sure costs presented to the public for each project 365 are as accurate as possible. The mayor asked that the council receive a map indicating the 366 location of all proposed projects. 367 368 Councilmember Lyden asked about the streets where sewer doesn’t exist; is staff 369 considering the possibility that those streets could be dug up in the future? Community 370 Development Director Grochala said that sewer is considered within each project as 371 information becomes available. 372 Councilmember Ruhland asked how assessments are handled. Mr. Grochala noted that 373 the cost of street construction is not assessed; sewer and water is assessed and can be 374 spread over a fifteen year period. 375 Councilmember Stoesz asked if home value increase with street reconstruction and Mr. 376 Grochala suggested it is difficult to pinpoint but is possibly in the $3,000 to $5,000 range. 377 CITY COUNCIL WORK SESSION DRAFT 10 Councilmember Cavegn asked if the streets presented are the total of streets in the 378 problem category. Mr. Grochala noted on a city map that there are about 14 miles of 379 streets in poor condition and explained streets that will be receiving overlays and those 380 recommended for reconstruction. The program is basically just over 2 miles each year. 381 The council concurred that staff should move forward with preparing plans. 382 11. Portable Rest Rooms – Councilmember Stoesz explained that he’s been in the 383 community and has seen many bathrooms closed that were once available to the public. 384 Public Services Director DeGardner recalled that the City’s contract for portable 385 restrooms was cancelled due to the cancellation of the summer recreation programs that 386 they served. There was also consideration in view of the current virus situation and the 387 need to minimize shared surfaces as would exist in portable rest rooms. 388 389 Mayor Rafferty said he appreciates the thoughts behind eliminating the restrooms but 390 wonders what all the people who are walking about are using instead of the portables? 391 Councilmember Ruhland asked if portable restroom providers have any best practices 392 these days and Mr. DeGardner remarked that hand sanitizing stations are available for the 393 inside of the units but there could be an issue getting the sanitizer fluid. Mr. DeGardner 394 noted that some areas are still using the portable units with a disclaimer and he also added 395 that the location of these portables are the community parks, which are closed, and not the 396 trail system which has seen an increase in use. Public Safety Director Swenson added that 397 if portables are to be put out, the city is really obligated to provide what’s needed to keep 398 them safe, i.e. wipes, sanitizers, etc. Chief Swenson also noted his concern about the 399 message sent , during a stay at home order, that portable bathrooms are being made 400 available. 401 A majo rity of council members concurred that portable restrooms are not a good idea at 402 this time. 403 12. Council Updates on Boards/Commissions – Mayor Rafferty briefly recalled a 404 recent VLAMO meeting and the addition of their new top notch director. 405 Councilmember Cavegn noted his first Joint Law Enforcement group meeting and that he 406 will be getting some background to assist him as he moves forward with that group. 407 13. Review Regular Agenda 408 The agenda was briefly reviewed. There were no changes. 409 The meeting was adjourned at 11:00 p.m. 410 411 These minutes were considered, corrected and approved at the regular Council meeting held on 412 May 25 , 2020. 413 414 415 CITY COUNCIL WORK SESSION DRAFT 11 416 417 Julianne Bartell, City Clerk Rob Rafferty, Mayor 418 419 COUNCIL MINUTES DRAFT 1 CITY OF LINO LAKES 1 LINO LAKES CITY COUNCIL 2 REGULAR MEETING 3 MINUTES 4 5 DATE : May 11, 2020 6 TIME STARTED : 6:30 p.m. 7 TIME ENDED : 8:45 p.m. 8 MEMBERS PRESENT : Council Member Stoesz, Lyden, 9 Ruhland, Cavegn and Mayor Rafferty (via 10 Zoom) 11 MEMBERS ABSENT : 12 13 Staff members present: City Administrator Jeff Karlson; Finance Director Sarah Cotton; Director of 14 Public Safety John Swenson; Community Development Director Michael Grochala; City Planner 15 Katie Larsen; and City Clerk Julie Bartell 16 17 The council meeting was held telephonically on the Zoom Meeting platform and as allowed by 18 Minnesota Statutes 13D.021. 19 20 PUBLIC COMMENT 21 Jamie Jensen, St. Clair Estates developer, asked for assistance in finalizing his accounts with the City. 22 SETTING THE AGENDA 23 The agenda was approved as presented. 24 CONSENT AGENDA 25 Councilmember Stoesz moved to approve the Consent Agenda, Items 1A through 1D as presented. 26 Councilmember Lyden seconded the motion. Motion carried: Yeas, 5; Nays none. 27 Councilmember Lyden asked for additional information on two items on the Expenditure List. 28 Finance Director Cotton noted that, for the Xcel Energy bill, there are characters missing due to the 29 restrictions of the print field. She advised Councilmember Lyden to review the full list. For 30 Wheeler Hardware, the expenditure relates to door hardware replacements at City Hall. 31 32 ITEM ACTION 33 Consideration of Expenditures: 34 A) May 11, 2020 (Check No. 112186 through 112241) 35 in the amount of $158,863.97 Approved 36 B) Consider Approval of April 27, 2020 37 Work Session Minutes Approved 38 C) Consider Approval of April 27, 2020 39 Council Meeting Minutes Approved 40 D) Consider Approval of May 4, 2020 Board of 41 Appeal Minutes Approved 42 COUNCIL MINUTES DRAFT 2 FINANCE DEPARTMENT REPORT 43 There was no report from the Finance Department. 44 ADMINISTRATION DEPARTMENT REPORT 45 3A) Consider Pro Rata Fee Refunds and Payment Schedule Amendment for Annual 46 Business Licenses – City Clerk Bartell addressed the council regarding business licenses and fees. 47 The City is currently in the process of renewing licenses and staff has heard from licenses holders 48 about the impact of not being able to operate and use their licenses. State law does allow cities to 49 refund fees under circumstances that are not controlled by the business owners. The options 50 presented are: a) to provide a fee refund on a monthly pro rata basis for months that businesses were 51 not able to operate; and b) allow businesses to pay one half of their fee upon application and the 52 other half midway into their license period. Ms. Bartell noted the licenses involved. 53 Council Member Ruhland moved to approve the fee process changes as presented. Council Member 54 Lyden seconded the motion. Motion carried: Yeas, 5; Nays none 55 4. PUBLIC SAFETY DEPARTMENT REPORT 56 4A) Consider Resolution 20-45 Approving Allina Ambulance as the Primary Ambulance 57 Service for the City of Lino Lakes – Public Safety Director Swenson explained the need to 58 contract with a new ambulance provider for the city due to the merger of the current provider into 59 the M Health Fairview system. Staff has researched service information and found that the City is 60 included in an overlapping area and so there are two providers available. After meeting with both 61 providers, staff is now recommending a contract for services be executed with Allina Health 62 Services. He explained the terms that staff has reached for an agreement with Allina which include 63 training options for City staff and lease of Fire Station No. 1 for an ambulance and crew. He 64 reviewed the actions being recommended to the council. He noted Allina staff present to answer 65 questions. 66 Susan Long, Vice President of Operations for Allina EMS, and other Allina Operations 67 representatives (local and executive), announced that they are excited to work with the City. They 68 noted history in the area and their investment in technology that will provide good services. They 69 provided services within the area during last year’s PGA event. A statement was read including 70 qualifications and accomplishments of Allina Ambulance Services. 71 Mayor Rafferty said that the City is grateful to be offered these services and he is thankful for the 72 very difficult work currently underway in the healthcare community. He looks forward to having 73 services operating from Fire Station No. 1. 74 Councilmember Lyden asked Director Swenson if he is supportive of this provider for a very 75 important service and is the contract in final format. Director Swenson confirmed that the contract 76 is in final order and he added that tonight’s action is the culmination of about two years work in 77 deciding the City’s future ambulance service. He is excited from meeting with Allina and also from 78 what he hears from other jurisdictions about the open communication and good services they’ve 79 experienced with Allina. 80 Councilmember Stoesz noted Section 5 of the Lease Agreement, regarding maintenance. It seems 81 pretty loose since there are no specifics on finances. Director Swenson explained that the City 82 provides all maintenance for the building. 83 COUNCIL MINUTES DRAFT 3 Director Swenson confirmed that the contract length is three years and there is no review of 84 language planned during that period. 85 Mayor Rafferty noted the decrease in lease revenue and wonders how that relates to the space. 86 Director Swenson explained that North Memorial was leasing at two stations so in effect was paying 87 $600 per station. 88 Council Member Lyden moved to approve Resolution No. 20-45, authorizing execution of the 89 medical/training agreement and lease agreement as presented. Council Member Ruhland seconded 90 the motion. Motion carried: Yeas, 5; Nays none 91 5. PUBLIC SERVICES DEPARTMENT REPORT 92 There was no report from the Public Services Department. 93 6. COMMUNITY DEVELOPMENT REPORT 94 6A) Nadeau Acres, Katie Larsen - 95 i. Consider First Reading of Ordinance No. 02-20 Rezoning Property from R, Rural to R-1, Single 96 Family Residential 97 City Planner Larsen and City Engineer Diane Hankee reviewed a PowerPoint presentation (on file) 98 including info rmation on the proposed project, including: 99 - Rezoning and Preliminary P lat (as reviewed at March 2nd work session); 100 - The development is consistent with the Comprehensive Plan and compliant with zoning and 101 subdivision ordinances; 102 - The original preliminary plat; 103 - The original stormwater management plan (three retention ponds); 104 - Option 1 of the originial stormwater plan (noting pond 100 with a underground pipe); Vicker 105 property did not provide necessary easement; 106 - Developer has revised plans to address council, Rice Creek Watershed District (RCWD) and 107 resident comments; those plans were reviewed at the May 4th work session; 108 - Revised preliminary plat (one less property and one less outlot); Pond 100 was enlarged; 109 - Future park plan (park will service a larger area that just this development); Option for a 110 temporary park was reviewed and found not viable; 111 - Option 2 of the reviewed stormwater plan; plunge pool energy dissipator added, pipe eliminated, 112 no easement from property owner required; 113 - Activity since last work session includes meeting with adjacent property owners (Vickers) 114 regarding the stormwater outlet; staff heard concerns about erosion and ongoing maintenance; 115 - the Vickers prefer a piped outlet with a dissipater that is maintained by the City; staff 116 recommends both those options and a direct pipe outlet without a plunge pool; 117 City Engineer Hankee noted that she has met with the Vickers and they reviewed the plans on site. She 118 understands that their preference would be for a piped option including the dissipater. With the direct 119 pipe option, they have added storage to the pond which changes factors that concerned the Vickers. 120 She showed charts indicating discharge and velocity (both with easement). With a plunge pool option, 121 COUNCIL MINUTES DRAFT 4 reduction in run off rate is possible. She reviewed direct outlet verses plunge pool considerations. 122 Looking at the view of Pond 100, Ms. Hankee explained the new proposal includes a more significant 123 outlet dissipation system, dug in place so elevations would not change (a concern of the Vickers). That 124 is the staff recommendation. She also reviewed a plunge pool option (concerns are added maintenance 125 and the direct pipe option eliminates erosion concern). 126 Ms. Larsen noted conversation about a Great River Energy easement and the Vickers’ desire to 127 understand their approval. Staff has obtained an email confirmation from Great River. 128 - Josephine Lane and a utility extension was reviewed (Vickers concerned about street, sewer and 129 water extention to their property) due to tax valuation; staff has been informed by the assessor 130 that the development will increase valuation not street/utilities addition; also noted implications 131 of not doing improvements now; 132 - 6709 20th Avenue (Weber property) was reviewed as well as implications to their property; Ms. 133 Larsen noted that she spoke with Mr. Weber today and specifics related to the right turn lane 134 close to their property, driveway location, utility pole location and construction access (prefer 135 not just Red Oak). Mayor Rafferty asked about the road north of Red Oak and if the plans 136 indicate no change to the right side of the roadway. Ms. Larsen noted that there would be 137 expansion on bot h sides of the roadway (confirmed by WSB engineer). 138 - Findings of fact included in report; 139 - Advisory board actions (P&Z and Environmental Board approval); 140 - Actions requested of the council this evening. 141 Mayor Rafferty noted that he and other councilmembers have talked with the Vickers. He is thankful 142 that staff has facilitated some movements that are appropriate. 143 Councilmember Cavegn asked to hear from the Vickers. He believes there is a difference in 144 understanding of tax value (increased value). 145 Linda Broussard and Dave Vicker, Centerville, offered thanks for the time and consideration shown by 146 city officials and staff. She has received two plans from the City Engineer and they have a couple 147 questions. They have also received some easement language that they are reviewing. She believes 148 they are feeling much better about the drainage. Regarding valuation, on the north side of t heir 149 property, they had a situation with a Centerville development that included stubbing in a road. They 150 ended up with a tax valuation change. When stubbing happens they cannot be considered agricultural 151 land for tax purposes anymore and that’s a tax increase. The county assessor did reverse the increase 152 after some discussion. There is the matter of “development pressure” that the county assessor now 153 speaks of that driving up valuation. They would like to maintain their agricultural value consideration. 154 They also have continuing concern about people using their property (ATVs and snowmobiles) with a 155 road stubbed in. 156 Councilmember Lyden noted tree preservation. It is noted in the staff report that there are 750 157 significant trees that will be reduced to 252 trees, mitigated by 29 trees to be put in (not good odds for 158 the trees). Also he is still concerned that public water is being moved to a private ditch. The impact of 159 the development will be staged but he’d like to extend an easement to the City for volume of water 160 going into the ditch and future development that will be served by that ditch; it merits a discussion about 161 the ditch becoming a City ditch. Also he has questions about traffic. There is already a traffic issue at 162 County Road J and this development will increase traffic in that direction. The staff report says the 163 traffic generated is outside of the scope of the project, however, it will impact people. There are traffic 164 COUNCIL MINUTES DRAFT 5 improvements planned in the area of County Road J and 35E in the future but he wonders about an 165 upgrade sooner. He would like to see conversations with Anoka County about an additional lane on 166 Centerville approaching County Road J. Mayor Rafferty remarked that he’s aware of discussion at the 167 state level to plan and implement improvements in that area. Ms. Hankee noted that the 2020 168 construction season will include addition of temporary signals at the County Road J ramp; there are 169 discussions about long term improvement s as well. Mayor Rafferty concurred that the situation is very 170 difficult at rush hour, noting a freeway back up in the evening. 171 Councilmember Lyden remarked that his main concern is the water in the ditch and he’d like to know 172 how the Vickers feel. Ms. Broussard said she believes they will be okay with one of the three plans, 173 with the understanding that the City will be involved with maintenance and can respond to problems. 174 Councilmember Ruhland asked if this will be precast concrete (Ms. Hankee confirmed) and how far 175 does the easement go? Ms. Hankee noted on a map a 20-30 foot wide parallel to the pipe. He asked if 176 the erosion concern is resolved and Ms. Hankee noted a few things that will provide redundancy to 177 address the concern. He has also viewed the property; are there plans for a barricade since there is 178 paving up to their property line? Ms. Hankee explained what barricades are added to the end of the 179 road (“this road will extend in the future”) He asked that a “No ATV” advisory be added; Ms. Hankee 180 said she’d check. He asked if the really cool oak tree will be saved? Larry Olson, developer, said he 181 doesn’t believe that , with the grading that is necessary, the tree will be saved. 182 Councilmember Stoesz asked if disruption to field tile would be addressed by the developer if necessary. 183 Mr. Olson said they typically cut through the tiles and they cease to function at some point. 184 Councilmember Stoesz received confirmation that hydrants will be moved and that the move will 185 actually make them closer to the Weber’s house. 186 Councilmember Lyden asked if the individual lots are drained to lot lines? If so, would a fence still be 187 allowed on those lines since there will be easements. Ms. Larsen said fences are allowed with 188 easement encroachment agreements. 189 Mayor Rafferty asked if there will be an HOA and the developer said no because there are no elements 190 that would require it. The mayor asked if there be signage identifying the development and Mr. Olson 191 said no there is no room for signage. 192 The Nadeau’s and Weber’s were also on line. The Nadeau’s indicated that they appreciate that 193 everyone spent the time and dealt with the area resident s’ concerns. Ms. Weber said that since they 194 bought their property, there was a lane added to the roadway and now another lane is being added; the 195 road is getting really close to their house and they are concerned for their children (people drive really 196 fast on 20th); also they planned to build a shed and the driveway relocation may impact that; also the 197 power lines are possibly a concern. 198 Ms. Hankee responded that there is a 60 foot right of way on 20th Avenue on their lot for this purpose. 199 The road cannot be shifted to the east because of alignment and drainage. This is something that has 200 been planned and why t he right of way was obtained from new owners in the area. As far as driveway 201 relocation, that can be discussed and she believes relocated. The traffic should also be slower. 202 Mayor Rafferty noted the history of development in the City and that some family land has long been 203 planned for development for that family’s future financial needs. There is a basic right to put the land 204 up for sale and for a developer to be interested in moving forward on it. He added that there is also a 205 value to land that will be set up for utilities. 206 COUNCIL MINUTES DRAFT 6 Council Member Lyden moved to deny. Motion failed for lack of a second. Councilmember Cavegn 207 confirmed that the motion relates only to the rezoning. 208 Councilmember Stoesz moved to approve the First Reading of Ordinance No. 02-20 as presented. 209 Council Member Cavegn seconded the motion. Motion carried: Yeas, 4; Nays, 1; as follows: Yeas, 210 Stoesz, Cavegn, Ruhland, Rafferty; Nays, Lyden 211 Consider Resolution No. 20-20, Approving Preliminary Plat and Opening Sub-District 3C & 3D of 212 Utility Staging Area 2A (2020-2025) 213 Councilmember Cavegn requested the removal of the extension to the Vicker’s property; it’s not 214 necessary to the plat and that could provide savings to the Vickers. Community Development 215 Director Grochala added that it could be pulled back away but he’d recommend that it be stubbed far 216 enough from the intersection that, if it were to be added in the future, the street wouldn’t have to be 217 dug up; there would be a dollar savings to the developer. Mr. Olson said they don’t need the stub 218 down the street but obviously it would provide utility access to another property in the future; from a 219 development standpoint it’s also important to complete roads to a certain extent to ensure a curb line 220 for the new properties. Mayor Rafferty clarified that it’s the stub and not the street. 221 Councilmember Ruhland asked about the cost of extending utilities and wouldn’t that reduce the 222 future value overall (more than the current tax implications) when considering future marketability. 223 Councilmember Cavegn clarified that the Vickers have indicated that they are concerned about a tax 224 value increase of more than $1,000 per year. Ms. Broussard explained the value implications and 225 how the taxes will escalate and indicated that they do understand the future real estate value 226 implications; it’s also a matter of not inviting people onto the farm land by having a road there. Ms. 227 Broussard added that they will deal with the road if they have to and barricades may be helpful. 228 Mayor Rafferty remarked that the road is a need and there’s an obligation to proceed. The 229 developer is attempting to address the concerns and the Vickers seem to be accepting diversion 230 techniques on the roadway. 231 Councilmember Lyden asked everyone to keep in mind that this is being approved without having a 232 park included. Mayor Rafferty said he appreciates the issue. 233 Councilmember Stoesz asked if the Heritage roadway will be stubbed out all the way and Ms. Larsen 234 said yes. Councilmember Stoesz wondered about the consistency of treating that roadway the same. 235 Community Development Director Grochala remarked that staff follows the direction of the 236 comprehensive plan and not connecting roads and not st ubbing utilities creates a situation of 237 someone’s problem in the future; he added that efficiency of development is a goal. 238 Councilmember Stoesz clarified that he supports the staff recommendation. 239 Councilmember Cavegn asked for clarification of what is planned for Josephine. Community 240 Development Director Grochala explained that the intent is to improve the road and utility stubs and 241 he explained how they manage installation so that the roadway doesn’t have to be dug up if utilities 242 are connected to the stub in the future. 243 Councilmember Cavegn asked about the possibility of running a continuous curb along Red Oak and 244 leave it as a green space for the area. Ms. Hankee suggested that would not be a huge cost and 245 compromise. 246 Councilmember Lyden not ed one odd sized lot in the plat and suggested eliminating development of 247 that lot to improve the neighborhood. 248 COUNCIL MINUTES DRAFT 7 Mayor Rafferty noted that he fears the council is attempting to craft the development and that can 249 come at a large cost to the developer. 250 Mr. Olson explained that the lots have all been reviewed and odd shaped lots are not unusual. He’s 251 been doing this for over forty years and, in his experience, those odd lots seem to be the first to sell. 252 It may be hard to understand everything behind the planning but it’s there. 253 Councilmember Stoesz moved to approve Resolution No. 20-20 as stated by staff, finishing the 254 roads. Council Member Ruhland seconded the motion. Motion carried: Yeas, 3; Nays, 2, as 255 follows: Yeas, Ruhland, Stoesz, Rafferty; Nays, Cavegn, Lyden 256 6B) Lyngblomsten PUD Amendment #1, 257 City Planner Larsen reviewed a PowerPoint presentation including information on the following: 258 - Background on the project; 259 - Project history was reviewed at work session; 260 - Original grading plan included a certain stormwater plan but in order to meet requirements, 261 additional stormwater management is needed; 262 - Proposal is to enlarge the current pond and omit the club house; 263 - The developer proposes to increase the town center portion of the main building in lieu of the 264 clubhouse; 265 - Advisory board review and actions reviewed; 266 - Actions being requested of the council. 267 Councilmember Stoesz asked about the road connecting on the southern side of the development; 268 will that join to Shoreview. Ms. Larsen said that will be finally determined in final plan review but 269 currently it does connect. 270 i. Consider Resolution No. 20-44 Approving PUD Development Stage Plan Amendment #1-271 Site Plan and Grading & Drainage Plan 272 Council Member Lyden moved to approve Resolution No. 20-44 as presented. Council Member 273 Stoesz seconded the motion. Motion carried: Yeas, 5; Nays none 274 6C) Watermark 3rd Addition: 275 City Planner Larsen reviewed a PowerPoint presentation including information on the following: 276 - Reviewed history of project at April work session; 277 - Site map; 278 - Final Plans and Final Plat are consistent with preliminary plans; 279 - Map showing full development plan shown; 280 - High architectural standards included; 281 - Three sections of trail will be constructed with this development; 282 - Standard development agreement (3rd Addition is broken into phases due to pandemic 283 situation); 284 COUNCIL MINUTES DRAFT 8 - Advisory board review and approval; 285 - Actions requested by the council. 286 Mayor Rafferty noted that he visited the area and he sees great progress and it looks as if it will be a 287 very nice development. 288 Councilmember Stoesz asked if this action will approve both Phase 3A and 3B of the 3rd Addition. 289 Ms. Larsen concurred that both would be approved. 290 Councilmember Lyden received information on the number of lots included in Phase 3. He noted 291 that with all the lots included in this phase of the development, there is not one odd sized one. 292 i. Consider Resolution No. 20-30, Approving PUD Final Plan/Final Plat 293 Council Member Cavegn moved to approve Resolution No. 20-30 as presented. Council Member 294 Stoesz seconded the motion. Motion carried: Yeas, 5; Nays none 295 ii. Consider Resolution No. 20-31, Approving Development Agreement 296 Council Member Cavegn moved to approve Resolution No. 20-31 as presented. Council Member 297 Ruhland seconded the motion. Motion carried: Yeas, 5; Nays none 298 299 6D) Consider Resolution No. 20-46, Approving I-35E AUAR Update 300 Community Development Director Grochala explained the document, which is environmental in 301 nature and covers a study area of 45 acres dating back to 2005. Updates have occurred. There 302 have been projects in the corridor (map shown). This AUAR set up a conservation design 303 framework in the area of 35E. He explained what is examined and reviewed as part of the AUAR. 304 Different scenarios are allowed and have been considered (three scenarios noted). He noted a 305 development in the area that was able to proceed without environmental review because it was 306 already done through this document . He explained how the plan has been updated. Comments are 307 sought and have been received and included in the Appendix; changes were incorporated where 308 applicable. The Environmental Board has recommended approval. 309 Councilmember Lyden asked, looking at land use, what is the opinion on business campus versus 310 industrial and is there flexibility. Also what makes up the greenways along the freeway? Mr. 311 Grochala noted that the business campus classification is new to the comp plan and it would be 312 business/industry related such as technology; they still try to cast a wide net. Mr. Grochala pointed 313 out that the comp plan will still guide development. The greenway could be different things – trails, 314 greenspace, stormwater, etc. 315 Councilmember Stoesz noted Appendix F; will that be too restrictive. Community Develo pment 316 Director Grochala noted that the appendix is a required element and it identifies elements and what 317 how they should be handled. 318 Council Member Cavegn moved to approve Resolution No. 20-46 as presented. Council Member 319 Lyden seconded the motion. Motion carried: Yeas, 5; Nays none 320 321 UNFINISHED BUSINESS 322 323 There was no Unfinished Business. 324 325 326 COUNCIL MINUTES DRAFT 9 NEW BUSINESS 327 328 There was no New Business. 329 330 ADJOURN 331 332 There being no further business, the council adjourned at 8:45 p.m. 333 334 These minutes were considered and approved at the regular Council Meeting on May 26 , 2020. 335 336 337 338 339 Julianne Bartell, City Clerk Rob Rafferty, Mayor 340 341 CITY COUNCIL AGENDA ITEM 1D STAFF ORIGINATOR: Lisa Hogstad-Osterhues, Deputy Clerk MEETING DATE: May 26, 2020 TOPIC: Annual Advisory Board Appointments VOTE REQUIRED: 3/5 INTRODUCTION Each year, the City council appoints or reappoints citizens to serve on council advisory boards/committee. The Planning & Zoning Board applicants have been interviewed and the vote tallies are below. The Park Board, Environmental Board and the Economic Development Advisory Committee were filled with incumbents where applicable. BACKGROUND The city advertised and received a number of applications with the following results: Planning & Zoning Board – 3 vacancies – 5 applicants interviewed. Perry Laden (Incumbent) Nate Vojtech (New) Jeff Reinert (New) Park Board – 4 vacancies – 3 applicants Andrew Levi (Incumbent) John Nordlund (Incumbent) Abby Haworth (Incumbent) Environmental Board - 3 vacancies – 3 applicants Shawn Holmes (Incumbent) Alexander Schwartz (Incumbent) Ella McNulty (New) Economic Development Advisory Committee - 3 vacancies – 3 applicants Patrick Kohler (Incumbent) Nathan Vojtech (Incumbent) Chad Wagner (Incumbent) RECOMMENDATION Approve advisory board appointments as listed above CITY COUNCIL AGENDA ITEM 1E STAFF ORIGINATOR: Lisa Hogstad-Osterhues, Deputy City Clerk MEETING DATE: May 26, 2020 TOPIC Consider Resolution No. 20-52, Authorizing issuance of a Special Event Permit for Chomonix Golf Course VOTE REQUIRED: 3/5 INTRODUCTION City Code Chapter 615 are the City’s regulations regarding special events. The purpose of these regulations is to protect the health, safety and welfare of citizens by regulating time, place and manner of conduct by establishing permit requirements. The City charges a fee of $50 for special event permits. BACKGROUND The City has received an application from Chomonix Golf Course to hold a special event on their property Tuesday, Wednesday, Thursday, Friday and occasionally other days of the week from 2:00 p.m. to 8:30 p.m. The special event permit will allow food truck vendors in their parking lot, serving their customers. The Public Safety Department has reviewed the applications and have signed off on the permit. Staff has reviewed the application including their plans for food truck location. Since food service is involved, a condition is being attached to the permit requiring food vendors to receive permission from the Anoka County Environmental Services and to provide state licensing information as well as follow rules and guidelines of the current Minnesota Executive Order pertaining to food trucks. RECOMMENDATION Chomonix’s application for a special event permit meets the requirements of the city code and has not been found to present any safety concerns. Therefore, staff recommends that the council approve Resolution No. 20-52, Authorizing issuance of a Special Event Permit. ATTACHMENTS Resolution No. 20-52 CITY OF LINO LAKES RESOLUTION NO. 20-52 APPROVING A SPECIAL EVENT PERMIT FOR CHOMONIX GOLF COURSE WHEREAS, Chomonix Golf Course has submitted an application for a special event permit; and WHEREAS, Chomonix wishes to allow food truck vendors at their business; and WHEREAS, a food truck vendor would be present Tuesday, Wednesday, Thursday, Friday and occasional other days between the hours of 2:00 p.m. and 8:30 p.m.; and WHEREAS, Chomonix has submitted a plot plan of where the food truck will be located on their property; and WHEREAS, food truck vendors are required to contact the Anoka County Environmental Services for permission to operate in the City. WHEREAS, food truck vendors are required to provide state licensing information to Chomonix Golf Course and/or Anoka County Environmental Services. WHEREAS, the Public Safety Department requires food vendor to be at least 20 feet from the structure; WHEREAS, Chomonix must follow all rules and guidelines with the current Executive Order enacted by the State of Minnesota pertaining to food trucks. WHEREAS, city staff has reviewed the special event plans and have determined that they meet the requirements of the City’s ordinances; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota: That the City Council hereby authorizes the issuance of a Special Event Permit to Chomonix Golf Course. Adopted by the Council of the City of Lino Lakes this 26th day of May, 2020. The motion for the adoption of the foregoing resolution was introduced by Council Member _____________and was duly seconded by Council Member _____________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: _____________________ Rob Rafferty, Mayor ATTEST: ___________________________ Julianne Bartell, City Clerk CITY COUNCIL AGENDA ITEM 3A STAFF ORIGINATOR: Karissa Bartholomew, Human Resources Manager MEETING DATE: May 26, 2020 TOPIC: Consider Appointment of Police Officer VOTE REQUIRED: 3/5 INTRODUCTION The Council is being asked to approve the appointment of Michael Monson to a vacant Police Officer position in the Public Safety Department. BACKGROUND There are currently four vacant Police Officer positions within the Public Safety Department. At this time, staff has completed a recruitment process, provided a conditional offer, and is recommending the approval of Michael Monson for the position. Monson holds an Associate’s Degree in Law Enforcement and meets all POST mandated requirements to be a Police Officer in the State. Monson will be a returning employee and has over eighteen years of experience with the City as a Police Officer. The hourly rate of pay would be $40.15, which is the top step of the union wage schedule. The wage schedule has four steps. With the Council’s approval, Monson would start in the position of Police Officer in June. RECOMMENDATION Approve the appointment of Michael Monson for the Police Officer position. CITY COUNCIL AGENDA ITEM 5B STAFF ORIGINATOR: Diane Hankee, City Engineer MEETING DATE: May 26 , 2020 TOPIC: Resolution No. 20-48, Accepting Quotes and Awarding a Construction Contract, 12th Avenue Trail Project VOTE REQUIRED: 3/5 Vote Required INTRODUCTION Staff is requesting authorization to accept quotes and award the construction contract for the 12th Avenue Trail Project. BACKGROUND The City received resident requests to construct a trail along 12th Avenue. The Council directed staff to prepare a preliminary design and cost estimates. The trail was discussed at City Council work sessions throughout 2019 and as a result the City Council budgeted for this project within their 2020 budget. Staff has requested quotes for the construction of the 12th Avenue Trail project. The 12th Avenue Trail Project includes construction of a new trail between White Oak Road and the existing trail head approximately 720 feet south of White Oak Road, pedestrian ramp improvements, and ditch grading and culvert repairs to facilitate drainage in the project area. A location map is enclosed. The project is funded through the park and trail improvement fund in the amount of $125,000 and through state aid in the amount of $25,000. Quotes for the project were received on May 19th, 2020. CONTRACTOR TOTAL QUOTE Allied Blacktop Co. Did Not Quote Asphalt Concrete Solutions Did Not Quote Bituminous Roadways Inc. $150,703.30 The engineers estimate for the project was $148,000.00 . The low bid was submitted by Bituminous Roadways Inc. of Mendota Heights, MN in the amount of $150,703.30. The completion date for this project is October 15th, 2020. RECOMMENDATION Staff recommends adoption of Resolution No. 20-48 accepting quotes and awarding a construction contract for the 12th Avenue Trail Project, in the amount of $150,703.30 to Bituminous Roadways Inc. ATTACHMENTS 1. Resolution No. 20-48 2. Quote 3. Figure 1 – Location Map CITY OF LINO LAKES RESOLUTION NO. 20-48 RESOLUTION ACCEPTING QUOTES, AND AWARDING A CONSTRUCTION CONTRACT, 12th AVENUE TRAIL PROJECT WHEREAS, pursuant to a request for quotes for the construction of the 12th Avenue Trail Project, quotes were received, and tabulated: CONTRACTOR TOTAL QUOTE Allied Blacktop Co. Did Not Quote Asphalt Concrete Solutions Did Not Quote Bituminous Roadways Inc. $150,703.30 WHEREAS, it appears that Bituminous Roadways Inc. of Mendota Heights, MN is the lowest responsible bidder; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes that the Mayor and Clerk are hereby authorized and directed to enter into a contract Bituminous Roadways Inc. for the construction of the 12th Avenue Trail Project in the amount of $150,703.30; Adopted by the Council of the City of Lino Lakes this 26th day of May, 2020. The motion for the adoption of the foregoing resolution was introduced by Council Member _______________and was duly seconded by Council Member ________________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: _______________________________ Rob Rafferty, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk 263914.52spot300911.87spot263914.52spot300911.87spot6466648264986490649164740+001+002+003+004+005+006+007+008+009+00134464646x 910.28 909.22 x 73VVHY8' BITUMINOUS TRAIL N SCALE IN FEET 0 12060 WSB PROJECT NO.:K:\013049-000\Cad\Exhibits\13049-000-C-TRL EXH.dwg 5/20/2020 10:17:03 AMR-013049-000 2020 12TH AVENUE SOUTH TRAIL IMPROVEMENTS VICINITY MAP CITY OF LINO LAKES WHITE OAK ROAD 12TH AVENUE SOUTH649064986482647464666491 1 CITY COUNCIL AGENDA ITEM 6A STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: May 26, 2020 TOPIC: Consider Second Reading of Ordinance No. 02-20 Rezoning Property from R, Rural to R-1, Single Family Residential for Nadeau Acres *Council may vote to dispense with full reading of ordinance * Roll call vote is required for adoption of the ordinance VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council consideration of the 2nd reading of Ordinance No. 02-20 rezoning certain property from R, Rural to R-1, Single Family Residential for Nadeau Acres. The 1st reading was approved by Council on May 11, 2020. BACKGROUND The applicant, BL Holdings, LLC, submitted a rezoning and preliminary plat land use application for Nadeau Acres. The proposed 68 lot single family residential development is located north of CSAH 34 (Birch Street) and west of CSAH 54 (20th Avenue) across from NorthPointe. It contains two (2) parcels totaling approximately 33 gross acres. The rezoning is consistent with the Comprehensive Plan and compliant with the Zoning Ordinance. RECOMMENDATION The Planning & Zoning Board held a public hearing on February 12, 2020. The Board voted 2-1 in favor of the rezoning for Nadeau Acres. ATTACHMENTS 1.Ordinance No. 02-20 1 1st Reading: Publication: 2nd Reading: Effective: CITY OF LINO LAKES ORDINANCE NO. 02-20 ORDINANCE TO REZONE PROPERTY FROM R, RURAL TO R-1, SINGLE FAMILY RESIDENTIAL FOR NADEAU ACRES The City Council of Lino Lakes ordains: Section 1: Findings of Fact 1. The City received a Land Use Application to rezone certain property from R, Rural to R-1, Single Family Residential. 2. The Planning and Zoning Board held a public hearing on February 12, 2020. 3. Per Section 1007.015 (5), the Planning and Zoning Board shall consider possible adverse effects of the proposed rezoning and its judgement shall be based upon, but not limited to, the following factors: (a) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. The proposed rezoning is consistent with the Comprehensive Plan and Zoning Ordinance. Per the zoning ordinance, land that is guided low density residential can be zoned R-1, Single Family Residential, R-1X, Single Family Executive Residential or R-2, Two Family Residential. The proposed Nadeau Acres residential subdivision is consistent with the goals and policies of the comprehensive plan in regards to resource management, land use, housing, transportation and utilities. The development is consistent with low density residential land use and compliant with density requirements. Safe transportation corridors and public utilities also serve the development. (b) The proposed use is or will be compatible with present and future land uses of the area. The proposed Nadeau Acres development is compatible with the present and future land uses of the area. Present land uses in the area are residential. Future land uses in the area are guided low and medium density residential. 2 (c) The proposed use conforms with all performance standards contained herein. The proposed Nadeau Acres development conforms with the performance standards of the R-1, Single Family Residential District. (d) The proposed use can be accommodated with existing public services and will not overburden the City’s service capacity. The proposed Nadeau Acres development can be accommodated with existing public services and will not overburden the City’s service capacity. The site is served by 8” watermain and 8”-10”sanitary sewer, forcemain and lift station. The public water and sanitary system is adequately sized for the development in the district. Section 2: Amendment The Zoning Ordinance of the City of Lino Lakes is hereby amended to rezone the following described property from R, Rural to R-1, Single Family Residential. Section 3: Legal Description That part of the East Half of the Northeast Quarter of Section 26, Township 31, Range 22, Anoka County, Minnesota, described as follows: Commencing at the Southeast corner of said East Half of the Northeast Quarter; thence North along the East line of said East Half of the Northeast Quarter, a distance of 941.14 feet to the North line of the South 941.00 feet thereof, also being the point of beginning; thence westerly, along said North line of the South 941.00 feet thereof, a distance of 865.13 feet to the West line of the East 865.00 feet of said East Half of the Northeast Quarter; thence southerly, along said westerly line, a distance of 196.03 feet to the North line of the South 745.00 feet of said East Half of the Northeast Quarter; thence westerly, along said North line, a distance of 135.02 feet to the West line of the East 1000.00 feet of said East Half of the Northeast Quarter; thence southerly, along said West line, a distance of 495.07 feet to the North line of EAST BIRCH ADDITION, according to the recorded plat thereof, Anoka County, Minnesota; thence easterly, along said North line of EAST BIRCH ADDITION, a distance of 611.39 feet to the Northwest corner of Outlot A, said EAST BIRCH ADDITION; thence southerly, along the West line of said Outlot A, a distance of 190.00 feet to the southerly line of said Outlot A; thence easterly, along said southerly line said Outlot A, a distance of 60.00 feet to the East line of said Outlot A; thence northerly, along said East line of said Outlot A, a distance of 148.74 feet to the North line of the South 208.71 feet of said East Half of the Northeast Quarter; thence easterly, along said North line, a distance of 120.02 feet to the West line of the East 208.71 feet of said East Half of the Northeast Quarter; thence northerly, along said West line, a distance of 417.46 feet to the North line of the South 626.11 feet of said East Half of the Northeast Quarter; thence easterly, along said North line, a distance of 208.74 feet to said East line of the East Half of the Northeast Quarter; thence northerly, along said East line, a distance of 314.94 to said point of beginning. 3 AND That part of the East Half of the Northeast Quarter of Section 26, Township 31, Range 22, Anoka County, Minnesota, described as follows: Commencing at the Southeast corner of said East Half of the Northeast Quarter; thence Northerly, along the East line of said Northeast Quarter, a distance of 1100.00 feet to the actual point of beginning; thence westerly along a line parallel with the South line of said East Half of the Northeast Quarter, a distance of 610.00 feet; thence northerly, along a line parallel with the East line of said East Half of the Northeast Quarter, a distance of 220.00 feet; thence westerly along a line parallel with the South line of said East Half of the Northeast Quarter, a distance of 48.00 feet; thence northerly, along a line parallel with the East line of said East Half of the Northeast Quarter, a distance of 345.00 feet; thence westerly, along a line parallel with the South line of said East Half of the Northeast Quarter, a distance of 659.7 feet, more or less, to the West line of said East Half of the Northeast Quarter; thence southerly, along said westerly line, a distance of 919.95 feet, more or less, to the North line of the South 745.00 feet of said East Half of the Northeast Quarter; thence easterly, along said northerly line, a distance of 449.55 feet, to the West line of the East 865.00 feet of said East Half of the Northeast Quarter; thence northerly, along said West line a distance of 196.03 feet, to the North line of the South 941.00 feet of said East Half of the Northeast Quarter; thence easterly along said North line, a distance of 865.13 feet, to the East line of said East Half of the Northeast Quarter; thence northerly, along said East line, a distance of 158.86 feet to said point of beginning. AND That part of the Northeast Quarter of Section 26, Township 31, Range 22, Anoka County, Minnesota, described as follows: Beginning at a point on the East line of and 1320.00 feet North of the Southeast corner of said Northeast Quarter; thence North along said East line, 345.00 feet; thence West on a line parallel with the South line of said Northeast Quarter 658.00 feet; thence South, parallel with said East line of the Northeast Quarter, 345.00 feet; thence East, parallel with said South line of the Northeast Quarter, 658.00 feet to the point of beginning, EXCEPT that part described as follows: Commencing at the Southeast corner of said Northeast Quarter; thence North 00 degrees 23 minutes 08 seconds West, assumed bearing along the East line of said Northeast Quarter, 1380.00 feet to the point of beginning; thence continuing North 00 degrees 23 minutes 08 seconds West, along said East line, 285.00 feet; thence North 89 degrees 24 minutes 11 seconds West, parallel with the South line of said Northeast Quarter, 262.00 feet; thence South 00 degrees 23 minutes 08 seconds East, 170.00 feet; thence South 31 degrees 05 minutes 22 seconds East, 135.12 feet to the North line of the South 1380.00 feet as measured along said East line of the Northeast Quarter, thence South 89 degrees 24 minutes 11 seconds East, along said North line 193.00 feet to said point of beginning. Section 4: Development Regulations 4 The development shall conform to the plans, requirements, and conditions of approval as listed in Council Resolution No. 20-20. Section 5: Effect This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter and upon the filing of the final plat. Adopted by the Lino Lakes City Council this 26th day of May, 2020. The motion for the adoption of the foregoing ordinance was introduced by Council Member_____________and was duly seconded by Council Member ___________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: ____________________________ Rob Rafferty, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk CITY COUNCIL AGENDA ITEM 6B STAFF ORIGINATOR: Katie Larsen MEETING DATE: May 26, 2020 TOPIC: Consider Resolution No. 20-51 Approving Site Improvement Performance Agreement for 617 Apollo Drive (Muddy Cow) VOTE REQUIRED: 3/5 BACKGROUND On April 13, 2020, Council approved Ordinance No. 03-20 amending the Marketplace Design Guidelines to allow for building modifications for 617 Apollo Drive for the purpose of constructing a restaurant with rooftop dining (Muddy Cow). Per Section 1007.020 Site and Building Plan Review, a Site Improvement Performance Agreement is required. (1) General. All site and building plans for multiple family, commercial, industrial or public/semi-public uses shall require review and approval by the Community Development Department. (5) Performance Standards. (d) The applicant shall, upon completion of site and building plan review, submit to the City an agreement that they will cause all improvements called for in the site and building plan review to be completed within the time specified by the City. Performance of such contracts shall be secured by the amount submitted at application or additional amount as may be required by the City Council. The attached Site Improvement Performance Agreement addresses the site improvements for the building and provides for submittal of all required fees and securities. RECOMMENDATION Staff recommends approval of Resolution No. 20-51. ATTACHMENTS 1. Resolution No. 20-51 2. Site Improvement Performance Agreement CITY OF LINO LAKES RESOLUTION NO. 20-51 RESOLUTION APPROVING A SITE IMPROVEMENT PERFORMANCE AGREEMENT WITH GALLEON, LLC WHEREAS, the City has completed review of the site and building plans for a restaurant located at 617Apollo Drive; and WHEREAS, the parcel is legally described as: Lot 3, Block 1, Lino Lakes Market Place; and WHEREAS, Section 1007.020(5)(d) of the Lino Lakes Zoning Ordinance requires the execution of a site performance agreement prior to issuance of a building permit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes that the Site Improvement Performance Agreement between the City of Lino Lakes and Galleon, LLC is hereby approved and the Mayor and City Clerk are authorized to execute such agreements on behalf of the City. Adopted by the Council of the City of Lino Lakes this 26th day of May, 2020. The motion for the adoption of the foregoing resolution was introduced by Council Member_______________ and was duly seconded by Council Member ________________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: _______________________________ Rob Rafferty, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk 617 Apollo Drive – Muddy Cow Site Performance Agreement page 1 of 10 CITY OF LINO LAKES, MINNESOTA SITE IMPROVEMENT PERFORMANCE AGREEMENT THIS AGREEMENT made this _______ day of _______________, 2020, is by and between the City of Lino Lakes, a municipal corporation organized under the laws of the State of Minnesota, and Galleon LLC “Developer”. WHEREAS, the Developer has received approval of Site Development Plans, hereinafter called the "Plans", by the City of Lino Lakes on the 23rd day of March, 2020, and in accordance with the Plans all of which are made a part hereof by reference. In consideration of such approval, the Developer, its successors and assigns, does covenant and agree to perform the work as set forth in the Plans, in the aforesaid approval, and as hereinafter set forth upon the real estate (hereinafter referred to as "Property") described as follows: Lot 3, Block 1, Lino Lakes Marketplace NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: I. DESIGNATION OF IMPROVEMENTS. A. Improvements on the project site to be installed at the Developer’s expense by the Developer as hereinafter provided are hereinafter referred to as “On-site Work”. B. Improvements off the project site to be installed at the Developer’s expense, if any, by the Developer as hereinafter provided are hereinafter referred to as “Off-Site Work”. C. Developer shall enter into a Declaration for Maintenance of Stormwater Facilities. II. ON-SITE WORK. A. On-Site Work. The On-Site Work shall consist of the improvements described in the approved Plans, to include any approved subsequent amendments, and shall be in compliance with all applicable statutes, codes and ordinances of the City. The On-Site Work includes all on-site exterior amenities as shown on the approved Plans and as required by the plan approval, such as, but not limited to: landscaping, private driveways, parking areas, sanitary sewer extension, water system extension, storm drainage systems, curbing, lighting, fencing, fire lanes, sidewalks, exterior building architectural design and building elements, site grading and erosion control measures. 617 Apollo Drive – Muddy Cow Site Performance Agreement page 2 of 10 Such improvements shall be completed in accordance with Section IV herein. B. Cost Estimates. The Developer shall provide the City with a written estimate of all applicable costs of the On-Site Work, itemized by type; the estimates shall be based upon the actual estimates provided by the contractors who are to do the Work. Said cost estimates shall be reviewed by the City, and the City shall establish the actual amount of the financial guarantee. The description and estimated cost of Developer's On-Site Work are as follows: Description of Improvements Estimated Costs 1. Lighting $ 0.00 2. Fences / Screen Structures $ 0.00 3. Trash Disposal Structures $ 0.00 4. Curbing / Islands / Delineators $ 0.00 5. Storm Drainage Systems / Sewers / Catch Basins / Culverts / Swales $ 0.00 6. Public Trails and / or Sidewalk $ 0.00 7. Striping Crosswalk $ 1,000.00 8. Driveway / Curb cut / Parking Lot / Fire Lane $ 0.00 9. Water mains / Hydrants / Sanitary Sewers $ 0.00 10. Landscaping (9’walls $5,000 & 6’walls $5,500) $ 10,500.00 11. Site Grading $ 0.00 12. Erosion Control $ 0.00 Total Estimated Cost of Developer Improvements $ 11,500.00 Security Requirement (Total * 35%) $ 4,025.00 III. DEVELOPER FEES. City of Lino Lakes Sewer and Water Availability Charges for the future restaurant will be collected with the Building Permit along with MCES fees. A. Trunk Sanitary Sewer Connection Fees The City established trunk utility connection fees to uniformly distribute the costs of public trunk sanitary sewer infrastructure. The Trunk Utility Connection Fee consists of two components; a Trunk Charge and an Availability Charge. 617 Apollo Drive – Muddy Cow Site Performance Agreement page 3 of 10 Trunk Charge The trunk charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. The Sanitary Sewer Trunk Charge is $1,606.00 per unit. Commercial/Industrial/Institutional (CII) trunk charges are based on a factor of 2.92 units per acre. No trunk charge will be collected for this site as it was previously subdivided. Availability Charge For residential properties, the availability charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. Commercial/Industrial/Institutional availability charges shall be paid at the time of building permit. Fees are based on the number of sanitary access charge (SAC) units assigned by Metropolitan Council Environmental Services (MCES). City Sewer (CSAC) $1,502.00 Per SAC Unit Trunk sewer unit charges addressed under this paragraph are in addition to any SAC charges imposed by Metropolitan Council Environmental Services. B. Trunk Water Connection Fees The City established trunk utility connection fees to uniformly distribute the costs of public trunk water infrastructure. The Trunk Utility Connection Fee consists of two components; a Trunk Charge and an Availability Charge. Trunk Charge The trunk charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. The Water Trunk Charge is $2,306.00 per unit. Commercial/Industrial/Institutional (CII) trunk charges are based on a factor of 2.92 units per acre. No trunk charge will be collected for this site as it was previously subdivided. Availability Charge For residential properties, the availability charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. Commercial/Industrial/Institutional availability charges shall be paid at the time of building permit. Fees are based on the number of sanitary access charge (SAC) units assigned by Metropolitan Council Environmental Services (MCES). 617 Apollo Drive – Muddy Cow Site Performance Agreement page 4 of 10 City Water (CWAC) $1,451.00 Per SAC Unit. C. 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. Surface Water Management Charge was previously paid. Units Fee 1. Sanitary Sewer Trunk Unit Fee ($1,606/unit; 2.92 units/Acre) NA $0 2. City Sewer Availability Fee ($1,502/SAC Unit) 23 $0 3. Water Trunk Unit Fee ($2,306/unit; 2.92 units/Acre) NA $0 4. City Water Availability Fee ($1,451/SAC Unit) 23 $0 5. City Su rface Water Management Fee NA $0 Total Estimated (Budget) Developer Fees $0 IV. 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, water main, storm sewer facilities, and roads, constructed by Developer. The as-built survey must include, but is not limited to, proposed and final contours with adequate elevation shots to show conformance, property irons (to be exposed in field), low floor and low opening elevations, and the 100-Year High Water Level (HWL) of all ponds, lakes, and wetland areas. The files shall be drawn in Anoka County NAD 83 Coordinate system and provided in both AutoCAD .dwg and Adobe .pdf file formats. The plans shall include accurate locations, dimensions, elevations, grades, slopes and all other pertinent information concerning the complete work. The Developer shall also submit certified compaction testing results for the site grading operations. b. A summary of the record plan attribute data for the storm sewer, water main, and sanitary sewer structures and pipes shall be submitted in the form of an Excel Spreadsheet as provided by the City Engineer. c. No securities will be fully released until all record drawings have been submitted and accepted by the City Engineer. V. COMPLETION DATE. 617 Apollo Drive – Muddy Cow Site Performance Agreement page 5 of 10 If the activities authorized by site and building plan approval are not initiated within twelve (12) months from the final execution of this agreement, then Developer will need to start the site and building plan approval process from the beginning. VI. GUARANTEE. A. The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on thirty- five (35%) percent of the total estimated cost of Developer's On-site Work. An Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Lino Lakes and shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Contract, construction of all required improvements in accordance with the ordinances and specifications of the City and guarantees the workmanship and materials for the landscape improvements for a period of one year following the City’s acceptance of the landscape improvements. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this contract, if Developer has been found to be in default of this agreement and only after providing Developer with written notice and opportunity to cure any default. The Irrevocable Letter of Credit shall be automatically extended for additional periods of one year from present or future expiration dates unless sixty (60) days prior to such the City Clerk or Administrator is notified in writing by certified mail or overnight mail that the Letter of Credit will not be renewed. B. Upon written request, The City will grant a reduction of the Letter of Credit, or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. The Developer may make such requests three times throughout the life of this agreement, with the third and/or final request being at the completion of the project. The City will respond to such request within 30 days time. Prior to the final acceptance of the Developer’s Improvements the City shall require a Letter of Credit or Cash Escrow to cover the warranty provisions of the agreement. The amount shall be agreed to by the City Engineer and Developer and Developer may use the Letter of Credit discussed in Section VI.A above. VII. REIMBURSEMENT OF COSTS. 617 Apollo Drive – Muddy Cow Site Performance Agreement page 6 of 10 A. The Developer agrees to establish a non-interest bearing escrow account with the City in an amount established by the City Engineer or his designee for the payment of all City fees and costs incurred by the City related to the On-site Work, including, but not limited to, the following: 1. Site Plan Review Fee $500.00 2. Administration (Legal, Engineering, Planning and Contract Administration) $500.00 3. Negative Short Term Escrow Balance $0.00 Total Estimated (Budget) Costs for Escrow Account $1,000.00 B. If it appears that the actual costs incurred will exceed the estimate or that the actual costs incurred will be less than the estimate, then Developer and City shall review the costs required to complete the project. In such case, if the actual costs exceed the estimate, then Developer shall promptly pay the additional sums to the City to pay for the agreed upon increase. However, in such case where the actual costs are less than the estimate, the City shall promptly reimburse to Developer any amounts overpaid by the Developer. The Developer may request a statement of the account each month for review. C. Intentionally Deleted. VIII. REMEDIES FOR BREACH. A. The City shall give prior written notice to the Developer of any default hereunder before proceeding to enforce such financial guarantee or before the City undertakes any work for which the City will be reimbursed through the financial guarantee. If within twenty (20) days after receipt of such written notice to it, the Developer has not notified the City by stating in writing the manner in which the default will be cured and the time within which such default will be cured, the City will proceed with the remedy it deems reasonably appropriate. B. At any time after the completion date and any extensions thereof, if any of the work is deemed incomplete, the City may proceed in any one or more of the following ways to enforce the undertakings herein set forth, and to collect any and all expenses reasonably incurred by the City in connection therewith, including, but not limited to, engineering, legal, planning and litigation costs and expense. The enumeration of the remedies hereunder shall be in addition to any other remedies available to the City. 1. Specific Performance. The City may in writing direct the surety or the Developer to cause the Work to be undertaken and completed within a specified reasonable time. If the Developer fails to cause 617 Apollo Drive – Muddy Cow Site Performance Agreement page 7 of 10 the Work to be done and completed in a manner and time reasonably acceptable to the City, the City may proceed to bring an action for specific performance to require work to be undertaken. 2. Completion by the City. The City, after written notice, may enter the premises and proceed to have the Work done either by contract, by day labor or by regular City forces. The Developer may not question the manner of doing such work or the letting of any such contracts for the doing of any such work; provided that all such work is performed in a reasonable manner, the costs are reasonable and the work is completed in a good and workman-like manner and in accordance with the approved plans and specifications. Upon completion of such work, the Developer shall promptly pay the City the full cost thereof as aforesaid. 3. Deposit of Financial Guarantee. In the event the financial guarantee has been submitted in the form of a Letter of Credit, the City may draw on the Letter of Credit the sum equal to the reasonably estimated cost of completing the Work, plus the City's reasonably estimated expenses as defined herein, including any other reasonable costs, expenses, and damages for which the surety may be liable hereunder, but not exceeding the amount set forth on the Letter of Credit. The money shall be deemed to be held by the City for the purpose of reimbursing the City for any reasonable costs incurred in completing the Work as hereinafter specified. Any funds remaining after completion of the project shall be promptly returned to the Developer. IX. OCCUPATION OF PREMISES. The Developer agrees that it will not cause to be occupied any portion of the building or improvements to be constructed upon the premises until completion of the building and site improvements as more fully described in the approved plans and following issuance of a Certificate of Occupancy. X. INSURANCE. Developer or its general contractor shall take out and maintain until one year after the City accepted the Developer Improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's or general contractor’s work, as the case may be, or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than Five Hundred Thousand and no/100 ($500,000.00) Dollars for one person and One Million and no/100 ($1,000,000.00) Dollars for each occurrence; limits for property damage shall be not less than One Million and no/100 617 Apollo Drive – Muddy Cow Site Performance Agreement page 8 of 10 ($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. XI. REIMBURSEMENT FOR LITIGATION EXPENSES. The City and Developer agree that the prevailing party in any litigation pertaining to the enforcement of this Agreement shall be entitled to reimbursement from the non-prevailing party for all reasonable costs incurred by said prevailing party including court costs and reasonable engineering and attorneys' fees. XII. VALIDITY. If a portion, section, subsection, sentence, clause, paragraph or phrase in this Agreement is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Site Improvement Performance Agreement. XIII. GENERAL. A. Binding Effect. The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Property and shall be deemed covenants running with the land. B. Notices. Whenever in this Agreement it shall be required or permitted that notice or demand be given or served by either party to this Agreement to or on the other party, such notice or demand shall be delivered personally or (i) mailed by United States mail by certified mail (return receipt requested) or (ii) sent by nationally recognized overnight carrier to the addresses hereinbefore set forth on Page 1. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail or the overnight carrier in accordance with the above. The addresses of the parties hereto are as set forth on Page 1 until changed by notices given as above. C. Incorporation by Reference. All plans, special provisions, proposals, specifications and contracts for the improvements furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as fully as if set out herein in full. 617 Apollo Drive – Muddy Cow Site Performance Agreement page 9 of 10 D. Hours of Construction Activity. Construction activity shall be limited to the hours set out as follows: Monday through Friday 7:00 a.m. to 7:00 p.m. Saturday 9:00 a.m. to 5:00 p.m. Sunday and Holidays No working hours allowed XIV. VIOLATIONS/BUILDING PERMITS. In the event that Developer violates any of the covenants and agreements contained in this Site Improvement Performance Agreement and to be performed by the Developer, the City, at its option, and after providing written notice and opportunity to cure to Developer in addition to the rights and remedies as set out hereunder may refuse to issue building permits to any property within the development and/or stop building construction within the development until such time as such default has been corrected to the satisfaction of the City. DEVELOPER CITY OF LINO LAKES By _________________________ By _________________________ Galleon LLC Mayor ATTEST: By_________________________ City Clerk STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) This instrument was acknowledged before me on ________ day of ____________, 2020, 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 ) 617 Apollo Drive – Muddy Cow Site Performance Agreement page 10 of 10 This instrument was acknowledged before me on ________ day of ____________, 2020 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 ANOKA ) On this _______ day of _______________, 2020, before me, a Notary Public within and for said County, personally appeared, _______________________________, who executed the foregoing instrument. ______________________________ Notary Public This instrument was drafted by: City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 CITY COUNCIL AGENDA ITEM 6C STAFF ORIGINATOR: Michael Grochala MEETING DATE: May 26, 2020 TOPIC: Consider Resolution No. 20-53, Providing for Temporary Requirements Related to Outdoor Dining and Service and Consumption of On-Sale Alcoholic Beverages. VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council consideration to approve temporary provisions for accessory outdoor dining and seating facilities and issuance of Liquor and Beer licensing. BACKGROUND On Wednesday, May 20, 2020, Governor Walz announced that bars and eateries can start to serve sit-down customers at outdoor tables beginning on June 1, 2020. There are approximately 19 businesses in Lino Lakes that may choose to provide outdoor dining as a result of the order. Restaurants and Bars can reopen for outdoor service only provided they: • Have adopted and implemented a COVID-19 Preparedness Plan • Ensure a minimum of 6 feet of distance between tables • Limit on-premise capacity to no more than 50 persons • Limit table service to 4 persons, or 6 if part of one family unit • Require reservations in advance • Require workers to wear masks and strongly encourage masks be worn by customers • Establish regular disinfection routine and train workers In addition restaurants and bars are subject to any existing state and local requirements. City Code Section 1007.054 currently allows for accessory outdoor dining or seating facilities by administrative permit. This section establishes minimum requirements related to accessibility, parking, and lighting. City Code chapter 700 establishes requirements for Liquor and Beer licensing. This section also allows for outdoor service areas provided they are contiguous with the building. However, the code prohibits the use of parking areas or sidewalks for outdoor service. Licensing requires City Council approval. Liquor and Beer licensing is also subject to state requirements. Additionally, commercial zoning districts do not allow for the use of tents and/or canopies. This has typically been allowed as part of a “Special Event” license for past events. After reviewing City Code requirements staff recognized that certain business, due to location or property restrictions may not be able to meet all the existing requirements. In order to provide more outdoor seating opportunities, respond to changing regulatory requirements and streamline the approval process, staff is seeking council consideration to establish an interim administrative approval process. This process would include temporary measures including but not limited to the following: 1. Waive the requirement that prohibits consumption of on-sale alcoholic beverages on private parking lots and or sidewalk provided they are contiguous to the principal building and all other licensing requirements are satisfied. 2. Allow for amendment of the liquor license description of premise, within which liquor may be dispensed and consumed, by administrative approval provided it meets all other licensing requirements. 3. Waive off-street parking requirements for outdoor dining and seating, provided the outdoor seating capacity is equal to or less than the existing interior seating capacity of the restaurant. Use of parking stalls and sidewalks will require the following: a. Physical barriers to protect the safety of patrons b. Must not use ADA accessible parking stalls c. Patios must have clear exiting strategies. 4. If not otherwise restricted by State COVID-19 requirements, allow for placement of tents and/or canopies subject to conformance with State Fire Code requirements. 5. Waive the administrative permit fee for accessory outdoor dining facilities. 6. Provision that all interim permits issued shall terminate when the public emergency declared by the governor under Minn. Stat. Chapter 12 terminates, or the governor permits bars and eateries to reopen for indoor service, whichever occurs first. If indoor service is limited to less than full capacity, the establishment may request that it be allowed to continue, in whole or in part, the outdoor service allowed. RECOMMENDATION Staff is recommending approval of Resolution No. 20-53 subject to review by the City Attorney. ATTACHMENTS Resolution No. 20-53. RESOLUTION NO. 20-53 A RESOLUTION PROVIDING FOR TEMPORARY REQUIREMENTS RELATED TO OUTDOOR DINING AND SERVICE AND CONSUMPTION OF ON-SALE ALCOHOLIC BEVERAGES WHEREAS, on March 18, 2020 the City Council of the City of Lino Lakes, Minnesota declared a local emergency pursuant to Minn. Stat. Section 12.29; and WHEREAS, the COVID -19 Pandemic has caused certain restrictions to be placed on business owners and the operations of their businesses; and WHEREAS, the City recognizes the need for businesses to operate under these restrictions in place; and WHEREAS, Governor Tim Walz announced on May 20, 2020 that bars and eateries can start to serve sit-down customers at outdoor tables beginning on June 1, 2020; and WHEREAS, the City temporarily waives certain requirements related to off-street parking, temporary structures and permit fees, for accessory outdoor dining and seating facilities; and WHEREAS, the City temporarily waives the requirement that disallows the consumption of on- sale alcoholic beverages purchased from a licensee on parking lots and sidewalks, outside of the fixed, permanent structure. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Lino Lakes that the City hereby makes and adopts the following requirements for temporary outdoor dining and seating facilities and consumption of on-sale alcoholic beverages outside of the fixed permanent structure: 1. Temporary Outside Consumption Area. The on-sale liquor license holder may utilize existing contiguous parking areas or sidewalks, owned or leased by the holder, for the purpose of allowing for the service and consumption of on-sale alcoholic beverages. 2. Description of Premise. The license holder shall include a Description of Premise which liquor may be dispensed and consumed and shall include a site drawing identifying the outdoor boundary areas, the table arrangement and number of seats, entrance/exit locations, the type of containment structure or barriers that will enclose the proposed service area. Amendments to an existing license, limited to a change in the Description of Premise, may be administratively approved. 3. Parking Requirements. Off-street parking requirements for outdoor dining and seating shall be waived, provided the outdoor seating capacity is equal to or less than the existing interior seating capacity of the restaurant. Use of parking stalls and sidewalks will require the following: a. Physical barriers to protect the safety of patrons b. Must not use ADA accessible parking stalls c. Patios must have clear exiting strategies. 4. Tents and/or Canopies covering the outdoor dining and seating facilities may be allowed, if not otherwise restricted by State COVID-19 requirements, subject to conformance with State Fire Code requirements. 5. Fees. The Administrative permit fee for accessory outdoor dining and seating facilities is hereby waived. 6. Termination. The interim administrative permits issued under these provisions shall terminate when the public emergency declared by the governor under Minn. Stat. Chapter 12 terminates, or the governor permits bars and eateries to reopen for indoor service, whichever occurs first. If indoor service is limited to less than full capacity, the establishment may request that it be allowed to continue, in whole or in part, the outdoor service allowed. 7. Unless otherwise provided for herein requests for accessory outdoor dining and seating, and/or liquor licensing shall be subject to the requirements of City Code Chapter 700 and Section 1007.054 as applicable. Adopted by the City Council of the City of Lino Lakes this 26th day of May 2020. The motion for the adoption of the foregoing resolution was introduced by Councilmember _______________and was duly seconded by Councilmember ________________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: _______________________________ Rob Rafferty, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk