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Home My WebLink About11-09-2020 Council Packet EXPANDED AGENDA CITY COUNCIL AGENDA Monday, November 9, 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: Sarah Cotton CITY COUNCIL MEETING, 6:30 P.M.  Call to Order and Roll Call - Councilmembers Stoesz, Lyden, Cavegn and Mayor Rafferty were present; Councilmember Ruhland absent  Pledge of Allegiance  Open Mike / Public Comment (in person or received in writing prior to meeting) No comments  Setting the Agenda: Addition or Deletion of Agenda Items The agenda was approved as presented 1. CONSENT AGENDA A) Consideration of Expenditures: i) November 9, 2020 (Check No. 113270 through 113333) in the amount of $565,936.81 B) Consider Approval of October 26, 2020 Work Session Minutes C) Consider Approval of October 26, 2020 Council Meeting Minutes D) Consider Approval of October 26, 2020 Closed Council Minutes Action Taken: Motion by Lyden, seconded by Stoesz, to approve Consent Agenda Items 1A through 1D as presented, was adopted 2. FINANCE DEPARTMENT REPORT A) Consider 1st Reading of Ordinance No. 07-20, Establishing the 2021 City Fee Schedule, Hannah Lynch Action Taken: Motion by Stoesz, seconded by Cavegn, to approve the 1st Reading of Ordinance No. 07-20 as presented, was adopted How to Join the Meeting Phone: Dial 1 312 626 6799 Meeting ID: 859 0511 4286 Weblink: https://us02web.zoom.us/j/85905114286 Council Agenda -2- November 9, 2020 3. ADMINISTRATION DEPARTMENT REPORT A) Consider Appointment of Human Resources Manager, Sarah Cotton Action Taken: Motion by Lyden, seconded by Stoesz, to approve the appointment of Meg Sawyer, was adopted 4. PUBLIC SAFETY DEPARTMENT REPORT A) Consider 1st Reading of Ordinance No. 08-20, Enacting Ordinance Regulating Targeted Picketing in Residential neighborhoods, John Swenson Action Taken: Motion by Lyden, seconded by Stoesz, to approve the 1st Reading of Ordinance No. 07-20 as presented, was adopted 5. PUBLIC SERVICES DEPARTMENT REPORT No report 6. COMMUNITY DEVELOPMENT REPORT A) Consider Resolution No. 20-128 Adopting the 2040 Comprehensive Plan, Kendra Lindahl Action Taken: Motion by Cavegn, seconded by Stoesz, to approve Resolution No. 20-128 as presented, was adopted B) 2063 Palm Street Drainage and Utility Easement Vacation, Diane Hankee i. Consider 2nd Reading of Ordinance No. 05-20, Vacating Drainage and Utility Easement Lot 14, Block 2 of Northpointe 2nd Addition Action Taken: Motion by Cavegn, seconded by Stoesz, to approve the 2nd Reading and adoption of Ordinance No. 05-20 as presented, was adopted: Yeas, 5; Nays none ii. Consider Resolution No. 20-132, Approving Summary Publication of Ordinance No. 05-20 Action Taken: Motion by Cavegn, seconded by Stoesz, to approve Resolution No. 20-132 as presented, was adopted C) 426 Pine Street, Katie Larsen i. Consider Resolution No. 20-129 Approving a Conditional Use Permit for Commercial S tables Action Taken: Motion by Cavegn, seconded by Stoesz, to approve Resolution No. 20-129 as presented, was adopted ii. Consider Resolution No. 20-130 Approving a Conditional Use Permit Termination Agreement Action Taken: Motion by Cavegn, seconded by Stoesz, to approve Resolution No. 20-130 as presented, was adopted Council Agenda -3- November 9, 2020 D) Consider Resolution No. 20-131 Denying a Setback Variance for a Deck at 842 Lois Lane, Katie Larsen Action Taken: Motion by Cavegn, seconded by Lyden, to table Resolution No. 20-131 as presented, was adopted E) Consider 1st Reading of Ordinance No. 06-20 Zoning Ordinance Text Amendment Regarding Metal Roofs on Single Family Dwellings, Katie Larsen F) NE Drainage Improvement Project, Diane Hankee i. Consider Resolution No. 20-133, Accepting bids, Awarding a Construction Contract Action Taken: Motion by Lyden, seconded by Cavegn, to approve Resolution No. 20-133 as presented, was adopted ii. Consider Resolution No. 20-134, Approving Construction Services Contract with WSB & Associates Action Taken: Motion by Cavegn, seconded by Stoesz, to approve Resolution No. 20-134 as presented, was adopted 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Following the regular meeting, the Council will reconvene for a closed meeting to discuss land acquisition for the NE Drainage Improvement Project Community Calendar – A Look Ahead November 9, 2020 through November 23, 2020 Tuesday, November 10 6:30 pm, Virtual Zoom Meeting Planning & Zoning Board Monday, November 23 6:00 pm, Virtual Zoom Meeting Council Work Session Monday, November 23 6:30 pm, Virtual Zoom Meeting City Council Meeting Updated 11/9/2020 CITY COUNCIL AGENDA Monday, November 9, 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: Sarah Cotton CITY COUNCIL MEETING, 6:30 P.M.  Call to Order and Roll Call  Pledge of Allegiance  Open Mike / Public Comment  Setting the Agenda: Addition or Deletion of Agenda Items 1. CONSENT AGENDA A) Consideration of Expenditures: i) November 9, 2020 (Check No. 113270 through 113333) in the amount of $565,936.81 B) Consider Approval of October 26, 2020 Work Session Minutes C) Consider Approval of October 26, 2020 Council Meeting Minutes D) Consider Approval of October 26, 2020 Closed Council Minutes 2. FINANCE DEPARTMENT REPORT A) Consider 1st Reading of Ordinance No. 07-20, Establishing the 2021 City Fee Schedule, Hannah Lynch 3. ADMINISTRATION DEPARTMENT REPORT A) Consider Appointment of Human Resources Manager, Sarah Cotton 4. PUBLIC SAFETY DEPARTMENT REPORT A) Consider 1st Reading of Ordinance No. 08-20, Enacting Ordinance Regulating Targeted Picketing in Residential neighborhoods, John Swenson 5. PUBLIC SERVICES DEPARTMENT REPORT No report How to Join the Meeting Phone: Dial 1 312 626 6799 Meeting ID: 859 0511 4286 Weblink: https://us02web.zoom.us/j/85905114286 Council Agenda -2- November 9, 2020 6. COMMUNITY DEVELOPMENT REPORT A) Consider Resolution No. 20-128 Adopting the 2040 Comprehensive Plan, Kendra Lindahl B) 2063 Palm Street Drainage and Utility Easement Vacation, Diane Hankee i. Consider 2nd Reading of Ordinance No. 05-20, Vacating Drainage and Utility Easement Lot 14, Block 2 of Northpointe 2nd Addition *Council may vote to dispense with the full reading of the ordinance *Roll call vote is required for adoption of the ordinance ii. Consider Resolution No. 20-132, Approving Summary Publication of Ordinance No. 05-20 C) 426 Pine Street, Katie Larsen i. Consider Resolution No. 20-129 Approving a Conditional Use Permit for Commercial Stables ii. Consider Resolution No. 20-130 Approving a Conditional Use Permit Termination Agreement D) Consider Resolution No. 20-131 Denying a Setback Variance for a Deck at 842 Lois Lane, Katie Larsen E) Consider 1st Reading of Ordinance No. 06-20 Zoning Ordinance Text Amendment Regarding Metal Roofs on Single Family Dwellings, Katie Larsen F) NE Drainage Improvement Project, Diane Hankee i. Consider Resolution No. 20-133, Accepting bids, Awarding a Construction Contract ii. Consider Resolution No. 20-134, Approving Construction Services Contract with WSB & Associates 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Following the regular meeting, the Council will reconvene for a closed meeting to discuss land acquisition for the NE Drainage Improvement Project Community Calendar – A Look Ahead November 9, 2020 through November 23, 2020 Tuesday, November 10 6:30 pm, Virtual Zoom Meeting Planning & Zoning Board Council Agenda -3- November 9, 2020 Monday, November 23 6:00 pm, Virtual Zoom Meeting Council Work Session Monday, November 23 6:30 pm, Virtual Zoom Meeting City Council Meeting Expenditures November 9, 2020 Check #113270 to #113333 $565,936.81 Expenditures November 9, 2020 Check #113270 to #113333 $565,936.81 City of Lino Lakes Activity Codes Code Description Code Description 401 Mayor/Council 817 Spring Fling 402 Administration 818 Winter Festival 403 Elections 819 Community Gardens 404 Cable TV 822 Family Corn Roast 405 Charter Administration 827 Gobbler Games 407 Finance 830 Adult Golf Lessons 414 Legal Consultants 835 Youth Skating Class 415 Economic Development 850 Golf Academy 416 Planning & Zoning 856 Youth Soccer 417 Engineering 857 Soccer Fundamentals 418 Community Development 860 Secret Shop 420 Police Protection 864 Preschool Playtime 421 Fire Protection 868 Little Goblins Party 422 Building Inspections 871 Flag Football 430 Streets 875 Snow Day 431 Fleet Management 876 Kite Day 432 Government Buildings 877 Rockin' in the Park 450 Parks 879 Movies in the Park 451 Recreation 890 Senior Programs 461 Environmental 462 Solid Waste Abatement 463 Forestry 494 Water 495 Sanitary Sewer 499 Other 802 Dodgeball Camp 806 Youth T-Ball 808 Youth Baseball Camp 810 Youth Playground 811 Youth Safety Camp 812 Youth Art Camps 814 Senior Programs/Book Club AP Checks by Account Number 11/09/2020 City Council Meeting Vendor Fund/Dept Account Amount Check # Description Central Pension Fund 101-000 101-000-2040-000 5,760.00 113270 October Central Pension Fund Delta Dental of Minnesota 101-000 101-000-2040-000 137.50 113282 Dental Insurance Premiums Fidelity Security Life Insurance Co. 101-000 101-000-2040-000 -38.06 113289 November Vision Lincoln National Life Ins Co 101-000 101-000-2040-000 1,089.11 113303 Life Insurance Premiums Lincoln National Life Ins Co 101-000 101-000-2040-000 85.50 113303 Life Insurance Premiums Medica 101-000 101-000-2040-000 1,209.02 113307 Health Insurance Premiums Medica 101-000 101-000-2041-000 10,141.92 113307 Health Insurance Premiums Delta Dental of Minnesota 101-000 101-000-2044-000 1,466.50 113282 Dental Insurance Premiums Fidelity Security Life Insurance Co. 101-000 101-000-2048-000 105.56 113289 November Vision Lincoln National Life Ins Co 101-000 101-000-3416-000 0.14 113303 Life Insurance Premiums 101-000 Total 19,957.19 Medica 101-402 101-402-4131-000 538.42 113307 Health Insurance Premiums Lincoln National Life Ins Co 101-402 101-402-4133-000 6.75 113303 Life Insurance Premiums Lincoln National Life Ins Co 101-402 101-402-4133-000 68.76 113304 Disability Insurance Premiums Delta Dental of Minnesota 101-402 101-402-4134-000 44.10 113282 Dental Insurance Premiums Martin-McAllister 101-402 101-402-4300-000 1,100.00 113306 Public Safety Assessment Performance Plus LLC 101-402 101-402-4300-000 340.00 113315 New Hire Testing Kennedy & Graven Chartered 101-402 101-402-4310-000 176.25 113299 Lino Lakes Officer 299A Claim Shred-it c/o Stericycle Inc. 101-402 101-402-4410-000 79.67 113321 Document destruction 101-402 Total 2,353.95 Press Publications Inc. 101-403 101-403-4340-000 24.63 113316 Notice of Public Accuracy Test 101-403 Total 24.63 TimeSaver Off-Site Secretarial 101-405 101-405-4300-000 148.00 113326 Charter Commission Meeting 101-405 Total 148.00 Medica 101-407 101-407-4131-000 2,066.40 113307 Health Insurance Premiums Lincoln National Life Ins Co 101-407 101-407-4133-000 63.35 113304 Disability Insurance Premiums Lincoln National Life Ins Co 101-407 101-407-4133-000 10.36 113303 Life Insurance Premiums Delta Dental of Minnesota 101-407 101-407-4134-000 99.22 113282 Dental Insurance Premiums Gov't Finance Officers Association 101-407 101-407-4452-000 150.00 113292 Membership Renewal 11/1/20-10/31/21 - H. Lynch 101-407 Total 2,389.33 Ehlers and Associates 101-415 101-415-4300-000 187.50 113285 Woods Edge Review Dev Scenario MN Metro North Tourism Board 101-415 101-415-4900-000 4,008.00 113309 September 2020 Tourism Tax 101-415 Total 4,195.50 Medica 101-416 101-416-4131-000 538.43 113307 Health Insurance Premiums Lincoln National Life Ins Co 101-416 101-416-4133-000 25.19 113304 Disability Insurance Premiums Lincoln National Life Ins Co 101-416 101-416-4133-000 2.25 113303 Life Insurance Premiums Delta Dental of Minnesota 101-416 101-416-4134-000 44.10 113282 Dental Insurance Premiums 101-416 Total 609.97 Medica 101-418 101-418-4131-000 538.42 113307 Health Insurance Premiums Lincoln National Life Ins Co 101-418 101-418-4133-000 43.08 113304 Disability Insurance Premiums Lincoln National Life Ins Co 101-418 101-418-4133-000 4.50 113303 Life Insurance Premiums Delta Dental of Minnesota 101-418 101-418-4134-000 44.10 113282 Dental Insurance Premiums 101-418 Total 630.10 Medica 101-420 101-420-4131-000 21,724.44 113307 Health Insurance Premiums Lincoln National Life Ins Co 101-420 101-420-4133-000 685.86 113304 Disability Insurance Premiums Lincoln National Life Ins Co 101-420 101-420-4133-000 64.23 113303 Life Insurance Premiums Delta Dental of Minnesota 101-420 101-420-4134-000 1,126.74 113282 Dental Insurance Premiums Innovative Office Solutions LLC 101-420 101-420-4200-000 219.08 113297 New Hire supplies Staples Business Credit 101-420 101-420-4200-000 173.91 113323 Office supplies pens binder clips 3-ring binders Law Enforcement Targets Inc. 101-420 101-420-4211-000 41.20 113301 Water resistant targets Truax Patient Services 101-420 101-420-4211-000 750.00 113328 Narcan 4mg Nasal Spray - 2pk UPS/United Parcel Service 101-420 101-420-4322-000 9.90 113330 3 UPS Internet Shipping Aspen Mills Inc. 101-420 101-420-4370-000 849.00 113274 New Hire Uniform Allowance Aspen Mills Inc. 101-420 101-420-4370-000 418.83 113274 Uniform Allowance - P. Noll Aspen Mills Inc. 101-420 101-420-4370-000 2,142.42 113274 New Hire Uniform Allowance Aspen Mills Inc. 101-420 101-420-4370-000 1,638.88 113274 New Hire Uniform Allowance Aspen Mills Inc. 101-420 101-420-4370-000 69.80 113274 Department Uniform Allowance Aspen Mills Inc. 101-420 101-420-4370-000 1,870.19 113274 New Hire Uniform Allowance Page 1 AP Checks by Account Number 11/09/2020 City Council Meeting Vendor Fund/Dept Account Amount Check # Description Xcel Energy 101-420 101-420-4381-000 3.54 113333 Electric-Police Aspen Mills Inc. 101-420 101-420-4386-000 66.30 113274 Reserve Officer clothing Aspen Mills Inc. 101-420 101-420-4386-000 70.80 113274 Police Reserves Uniform Allowance Aid Electric Corporation 101-420 101-420-4410-000 720.20 113272 Troubleshoot siren on Holly Ln. Anoka County Treasury Office 101-420 101-420-4410-000 22.66 113273 September 2020 Language Line Usage Anoka County Treasury Office 101-420 101-420-4410-000 900.00 113273 3rd Quarter 2020 State Access Metro Sales Incorporated 101-420 101-420-4410-000 54.55 113308 Copier Maintenance Contract Ricoh/MP 4055SP Otter Lake Animal Care Center 101-420 101-420-4410-000 110.00 113314 Animal Boarding Shred-it c/o Stericycle Inc. 101-420 101-420-4410-000 49.18 113321 Document destruction 101-420 Total 33,781.71 Medica 101-421 101-421-4131-000 1,313.91 113307 Health Insurance Premiums Lincoln National Life Ins Co 101-421 101-421-4133-000 50.52 113304 Disability Insurance Premiums Lincoln National Life Ins Co 101-421 101-421-4133-000 4.40 113303 Life Insurance Premiums Delta Dental of Minnesota 101-421 101-421-4134-000 63.96 113282 Dental Insurance Premiums Aspen Mills Inc. 101-421 101-421-4370-000 657.95 113274 New Hire Uniform Allowance Aspen Mills Inc. 101-421 101-421-4370-000 656.15 113274 New Hire Uniform Allowance 101-421 Total 2,746.89 Medica 101-422 101-422-4131-000 1,680.96 113307 Health Insurance Premiums Lincoln National Life Ins Co 101-422 101-422-4133-000 72.38 113304 Disability Insurance Premiums Lincoln National Life Ins Co 101-422 101-422-4133-000 7.87 113303 Life Insurance Premiums Delta Dental of Minnesota 101-422 101-422-4134-000 88.20 113282 Dental Insurance Premiums MNSPECT LLC 101-422 101-422-4410-000 10,837.50 113310 Residential Field Inspection Services 101-422 Total 12,686.91 Medica 101-430 101-430-4131-000 2,699.36 113307 Health Insurance Premiums Lincoln National Life Ins Co 101-430 101-430-4133-000 117.90 113304 Disability Insurance Premiums Lincoln National Life Ins Co 101-430 101-430-4133-000 14.63 113303 Life Insurance Premiums Delta Dental of Minnesota 101-430 101-430-4134-000 198.45 113282 Dental Insurance Premiums Ess Brothers & Sons Inc. 101-430 101-430-4211-000 202.40 113287 Storm Sewer Grate 2057 Rosewood Earl F. Andersen 101-430 101-430-4223-000 93.45 113284 20 MPH Signs for Crosswalk on W Shadow Lk Dr Bluetarp Financial Inc. 101-430 101-430-4240-000 31.73 113276 Tool caddy hammer inspection mirror Xcel Energy 101-430 101-430-4385-000 4,172.73 113333 Electric-Street Lights Xcel Energy 101-430 101-430-4385-000 610.42 113333 Electric-Street Lights Roadkill Animal Control 101-430 101-430-4410-000 93.00 113318 September Deer pick up/Disposal 101-430 Total 8,234.07 Medica 101-431 101-431-4131-000 1,084.08 113307 Health Insurance Premiums Lincoln National Life Ins Co 101-431 101-431-4133-000 27.28 113304 Disability Insurance Premiums Lincoln National Life Ins Co 101-431 101-431-4133-000 3.37 113303 Life Insurance Premiums Delta Dental of Minnesota 101-431 101-431-4134-000 66.15 113282 Dental Insurance Premiums Mansfield Oil Company 101-431 101-431-4212-000 1,820.84 113305 Dyed 70/30 B3.5 ULS ColdPro Mansfield Oil Company 101-431 101-431-4212-000 3,134.79 113305 Conv 87 Oct E-10 101-431 Total 6,136.51 Wipers & Wipes Inc. 101-432 101-432-4211-000 206.46 113332 Scott Hard Roll Towels Frattallone's/Circle Pines Ace 101-432 101-432-4211-500 5.98 113291 Composite Shims Winnick Supply Inc. 101-432 101-432-4211-500 469.28 113331 Closet Bolts Stainless Flex Closet Supply Toilet seat tank Anoka County Treasury Office 101-432 101-432-4300-500 75.00 113273 Site 115 Nov 2020 Cac Fiber Olson's Sewer Service Inc. 101-432 101-432-4300-500 425.00 113313 Wastewater removal and disposal Anoka County Treasury Office 101-432 101-432-4300-501 75.00 113273 Site 116 Nov 2020 Cac Fiber Aid Electric Corporation 101-432 101-432-4300-503 139.00 113272 Troubleshoot light at Police Department Anoka County Treasury Office 101-432 101-432-4300-503 75.00 113273 Site 117 Nov 2020 Cac Fiber CenturyLink 101-432 101-432-4321-503 58.51 113278 Phone - Civic Complex Fire Protection Equip Svcs 10/10-11/9/2020 Xcel Energy 101-432 101-432-4381-501 559.56 113333 Electric-Fire Station #1 Xcel Energy 101-432 101-432-4381-502 870.14 113333 Electric-Fire Station #2 Xcel Energy 101-432 101-432-4381-503 5,215.97 113333 Electric-Civic Complex 101-432 Total 8,174.90 Medica 101-450 101-450-4131-000 1,999.40 113307 Health Insurance Premiums Lincoln National Life Ins Co 101-450 101-450-4133-000 11.69 113303 Life Insurance Premiums Lincoln National Life Ins Co 101-450 101-450-4133-000 100.21 113304 Disability Insurance Premiums Delta Dental of Minnesota 101-450 101-450-4134-000 185.20 113282 Dental Insurance Premiums Page 2 AP Checks by Account Number 11/09/2020 City Council Meeting Vendor Fund/Dept Account Amount Check # Description Frattallone's/Circle Pines Ace 101-450 101-450-4211-000 52.97 113291 Handheld fertilizer and spreader Xcel Energy 101-450 101-450-4381-000 196.70 113333 Electric-Parks Upper Cut Tree Service 101-450 101-450-4410-000 850.00 113329 Sunrise Park hazard tree removal 101-450 Total 3,396.17 Medica 101-451 101-451-4131-000 218.26 113307 Health Insurance Premiums Lincoln National Life Ins Co 101-451 101-451-4133-000 5.70 113304 Disability Insurance Premiums Lincoln National Life Ins Co 101-451 101-451-4133-000 0.45 113303 Life Insurance Premiums Delta Dental of Minnesota 101-451 101-451-4134-000 8.82 113282 Dental Insurance Premiums 101-451 Total 233.23 Medica 101-461 101-461-4131-000 201.91 113307 Health Insurance Premiums Lincoln National Life Ins Co 101-461 101-461-4133-000 7.28 113304 Disability Insurance Premiums Lincoln National Life Ins Co 101-461 101-461-4133-000 0.85 113303 Life Insurance Premiums Delta Dental of Minnesota 101-461 101-461-4134-000 16.53 113282 Dental Insurance Premiums 101-461 Total 226.57 Medica 101-462 101-462-4131-000 134.61 113307 Health Insurance Premiums Lincoln National Life Ins Co 101-462 101-462-4133-000 4.85 113304 Disability Insurance Premiums Lincoln National Life Ins Co 101-462 101-462-4133-000 0.56 113303 Life Insurance Premiums Delta Dental of Minnesota 101-462 101-462-4134-000 11.03 113282 Dental Insurance Premiums 1st Choice Document Destruction 101-462 101-462-4410-000 600.00 113271 1820 pounds Recycled paper and cardboard 101-462 Total 751.05 Medica 101-463 101-463-4131-000 201.91 113307 Health Insurance Premiums Lincoln National Life Ins Co 101-463 101-463-4133-000 7.28 113304 Disability Insurance Premiums Lincoln National Life Ins Co 101-463 101-463-4133-000 0.84 113303 Life Insurance Premiums Delta Dental of Minnesota 101-463 101-463-4134-000 16.54 113282 Dental Insurance Premiums 101-463 Total 226.57 Tom's Auto Sales 208-000 208-000-3422-000 575.00 113327 Refund of duplicate payment ICR #19253634 208-000 Total 575.00 Emergency Automotive Technologies 211-420 211-420-4240-000 180.00 113286 K9 Squad Cargo Lock Box installation 211-420 Total 180.00 CNH Architects 212-499 212-499-4300-000 34,097.94 113280 2020 City Hall/Public Works Remodel Hauglies Inc. 212-499 212-499-4300-000 6,991.10 113294 Police and City Hall Lunchroom remodel North Metrotelevision (NMTV) 212-499 212-499-4410-000 10,121.64 113312 CARES Act Grant Anoka County Treasury Office 212-499 212-499-5000-000 94,625.00 113273 800 MHZ Portable Radios Contract Hardware Company Inc. 212-499 212-499-5000-000 152.00 113281 Hollow metal frame - FS1 Kitchen remodel 212-499 Total 145,987.68 Emergency Automotive Technologies 402-420 402-420-5000-000 11,877.85 113286 Squad #316 Build - 2020 Capital replacement (Squad #388) 402-420 Total 11,877.85 CARROLL MELINDA 406-000 406-000-2020-000 6.11 113277 Refund Check 014932-000 7155 IVY RIDGE CT KILL JOSEPH 406-000 406-000-2020-000 2.00 113300 Refund Check 005173-000 534 HENRY LN SCHMID SUSAN 406-000 406-000-2020-000 8.60 113319 Refund Check 011276-000 6381 PAINTED TURTLE RD THAEMLITZ KATHLEEN 406-000 406-000-2020-000 10.00 113325 Refund Check 018298-000 30 ROBINSON DR 406-000 Total 26.71 Finance & Commerce Inc. 422-499 422-499-4340-125 229.24 113290 2020 Northeast Drainage Area Improvements Press Publications Inc. 422-499 422-499-4340-125 246.25 113316 2020 Northeast Drainage Area Improvements 422-499 Total 475.49 Olson's Sewer Service Inc. 424-499 424-499-4400-000 18,891.20 113313 Final Payment - 2018 Surface Water Maintenance Project 424-499 Total 18,891.20 BERG CHERYLLYNN 601-000 601-000-2020-000 4.06 113275 Refund Check 017563-000 756 COUNTRY LAKES DR CARROLL MELINDA 601-000 601-000-2020-000 3.74 113277 Refund Check 014932-000 7155 IVY RIDGE CT CARROLL MELINDA 601-000 601-000-2020-000 1.48 113277 Refund Check 014932-000 7155 IVY RIDGE CT KILL JOSEPH 601-000 601-000-2020-000 47.80 113300 Refund Check 005173-000 534 HENRY LN KILL JOSEPH 601-000 601-000-2020-000 0.49 113300 Refund Check 005173-000 534 HENRY LN SCHMID SUSAN 601-000 601-000-2020-000 2.09 113319 Refund Check 011276-000 6381 PAINTED TURTLE RD SCHMID SUSAN 601-000 601-000-2020-000 28.94 113319 Refund Check 011276-000 6381 PAINTED TURTLE RD THAEMLITZ KATHLEEN 601-000 601-000-2020-000 2.43 113325 Refund Check 018298-000 30 ROBINSON DR THAEMLITZ KATHLEEN 601-000 601-000-2020-000 74.84 113325 Refund Check 018298-000 30 ROBINSON DR City of Blaine 601-000 601-000-2140-000 70.47 113279 3rd Qtr 2020 Utilities 601-000 Total 236.34 Page 3 AP Checks by Account Number 11/09/2020 City Council Meeting Vendor Fund/Dept Account Amount Check # Description Medica 601-494 601-494-4131-000 1,674.24 113307 Health Insurance Premiums Lincoln National Life Ins Co 601-494 601-494-4133-000 59.32 113304 Disability Insurance Premiums Lincoln National Life Ins Co 601-494 601-494-4133-000 7.85 113303 Life Insurance Premiums Delta Dental of Minnesota 601-494 601-494-4134-000 140.03 113282 Dental Insurance Premiums Ferguson Enterprises LLC #3326 601-494 601-494-4211-000 160.95 113288 Purgepro Sub Utility Pump Hawkins Inc. 601-494 601-494-4222-000 6,922.11 113296 150 LB Chlorine Cylinder Hawkins Inc. 601-494 601-494-4222-000 1,568.78 113296 Hydrofluosilicic Acid Hawkins Family Trust 601-494 601-494-4222-000 9,687.11 113295 150 Lb Chlorine Cylinder Grainger 601-494 601-494-4240-000 72.87 113293 Diamond saw blade and cold chisel SL-Serco 601-494 601-494-4340-000 3,092.00 113322 CCR Production - printing and delivery - Replace Check #112801 Xcel Energy 601-494 601-494-4381-000 4,412.66 113333 Electric-Water City of Blaine 601-494 601-494-4382-000 671.33 113279 3rd Qtr 2020 Utilities Instrumental Research Inc. 601-494 601-494-4410-000 150.00 113298 September Water Testing Municipal Builders Inc. 601-494 601-494-5000-000 154,743.60 113311 Well House #1 Municipal Builders Inc. 601-494 601-494-5000-000 49,141.63 113311 Well House #1 601-494 Total 232,504.48 CARROLL MELINDA 602-000 602-000-2020-000 34.04 113277 Refund Check 014932-000 7155 IVY RIDGE CT KILL JOSEPH 602-000 602-000-2020-000 1.50 113300 Refund Check 005173-000 534 HENRY LN KILL JOSEPH 602-000 602-000-2020-000 11.14 113300 Refund Check 005173-000 534 HENRY LN SCHMID SUSAN 602-000 602-000-2020-000 47.89 113319 Refund Check 011276-000 6381 PAINTED TURTLE RD THAEMLITZ KATHLEEN 602-000 602-000-2020-000 55.70 113325 Refund Check 018298-000 30 ROBINSON DR THAEMLITZ KATHLEEN 602-000 602-000-2020-000 8.56 113325 Refund Check 018298-000 30 ROBINSON DR 602-000 Total 158.83 Medica 602-495 602-495-4131-000 1,674.26 113307 Health Insurance Premiums Lincoln National Life Ins Co 602-495 602-495-4133-000 59.33 113304 Disability Insurance Premiums Lincoln National Life Ins Co 602-495 602-495-4133-000 7.90 113303 Life Insurance Premiums Delta Dental of Minnesota 602-495 602-495-4134-000 140.03 113282 Dental Insurance Premiums Dusty's Drain Cleaning 602-495 602-495-4300-000 185.00 113283 Video inspection and recording - 973 Aspen Ln Sycom Inc. 602-495 602-495-4300-000 6,913.75 113324 Update control systems Xcel Energy 602-495 602-495-4381-000 2,051.56 113333 Electric-Sewer City of Blaine 602-495 602-495-4382-000 1,860.00 113279 3rd Qtr 2020 Utilities Ritter & Ritter Sewer Service Inc. 602-495 602-495-5000-000 8,359.20 113317 Clean and Televise Sanitary Sewer - Shores of Marshan 602-495 Total 21,251.03 Press Publications Inc. 801-000 801-000-2300-000 68.95 113316 Notice of Public Hearing 2063 Palm St D&U Easement Vacate Lennar MN Division 801-000 801-000-2318-000 3,400.00 113302 Escrow Release - 2063 Balsam Way Lennar MN Division 801-000 801-000-2318-000 3,400.00 113302 Escrow Release - 7299 Geneva Ct Lennar MN Division 801-000 801-000-2318-000 3,400.00 113302 Escrow Release - 7303 Geneva Ct Lennar MN Division 801-000 801-000-2318-000 4,400.00 113302 Escrow Release - 7291 Geneva Ct Lennar MN Division 801-000 801-000-2318-000 3,400.00 113302 Escrow Release - 2048 Diamond Ln Lennar MN Division 801-000 801-000-2318-000 3,400.00 113302 Escrow Release - 7273 Watermark Way Sharper Homes Inc. 801-000 801-000-2318-000 5,400.00 113320 Escrow Release - 6650 Enid Trail 801-000 Total 26,868.95 Grand Total 565,936.81 Page 4 Electronic Funds Transfer MN Statute 471.38 Subd. 3 Council Meeting November 9, 2020 Transfer In/(Out) 10/22/2020 Wire from 4M (Gen Acct) 1,500,000.00 10/30/2020 Payroll #22 (132,678.84) 10/30/2020 Payroll #22 Federal Deposit (37,377.63) 10/30/2020 Payroll #22 PERA (42,637.37) 10/30/2020 Payroll #22 State (8,875.29) 10/30/2020 Payroll #22 Child Support (276.29) 10/30/2020 Payroll #22 H.S.A. Bank Pretax (3,217.58) 10/30/2020 Payroll #22 TASC Pretax (993.83) 10/30/2020 Payroll #22 ICMA 457 Def. Comp #301596 (4,315.00) 10/30/2020 Payroll #22 ICMA Roth IRA #706155 (510.75) 10/30/2020 Payroll #22 MSRS HCSP #98946-01 (1,584.74) 10/30/2020 Payroll #22 MSRS Def. Comp #98945-01 (3,155.00) 10/30/2020 Payroll #22 MSRS Roth IRA #98945-01 (500.00) CITY COUNCIL WORK SESSION DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 DATE : October 26, 2020 4 TIME STARTED : 6:00 p.m. 5 TIME ENDED : 6:30 p.m. 6 MEMBERS PRESENT : Council Member Stoesz, Lyden, Ruhland, 7 Cavegn and Mayor Rafferty 8 MEMBERS ABSENT : None 9 Staff members present: City Administrator Sarah Cotton; Community Development 10 Director Michael Grochala; Director of Public Safety John Swenson; City Engineer Diane 11 Hankee; and City Clerk Julie Bartell 12 13 Review Regular Agenda of October 26, 2020 14 15 Item 6A – City Engineer Hankee explained the procedural nature of this request. An 16 ordinance amendment is required related to a vacation for a small building project. There 17 is a large utility power line overhead and the drainage and utility easement mimics that. 18 However, the drainage and utility ground easement doesn’t need to be as large as the 19 overhead so therefore the City can grant the vacation to allow for construction of a deck. 20 Mayor Rafferty noted that this type of change comes at quite a cost to the property 21 owner; Community Development Director Gr ochala explained the costs related to a 22 vacation and that is what is charged. 23 24 Items 6B through 6F - City Engineer Hankee noted that all items relate to assessments 25 (voluntary) for individuals or developers. Regarding 6B, Ms. Hankee explained that a 26 property that is required to pay additional water main fees based on current code. City 27 Engineer Hankee reviewed each of the proposed assessments. 28 29 Item 6G – City Engineer Hankee noted there are many final payments coming through this 30 time of the year related mainly to the finish of the main construction season. This item 31 relates to the Pheasant Hills water main project. That project scope was increased at one 32 point and now the final payment authorization is requested and is just slightly above the 33 budget. 34 35 Item 6H – City Engineer Hankee noted the final payment requested related to the Sewer 36 Extension to Water Tower #3 project. The project came in somewhat under budget. 37 38 Item 6I – City Engineer Hankee explained the Surface Water Maintenance Project (2018) 39 and its elements. One area within the project just became dry enough to enter and do 40 necessary work this year. She noted the final payment amount. 41 42 Item 6J – City Eng ineer Hankee explained that staff is requesting authorization to accept 43 quotes for a 2020 Inflow and Infiltration Reduction Project. 44 CITY COUNCIL WORK SESSION DRAFT 2 45 Not on Printed Agenda – Councilmember Lyden said he is looking for the Council’s 46 support for a conversation about having a Lino Lakes dog park. Something like an 47 expensive project like a dog park could be inertia for development of more recreational 48 facilities. Many people who live in Lino Lakes have dogs. Mayor Rafferty said he is 49 open to having a discussion at an upcoming work session. 50 51 The meeting was adjourned at 6:30 p.m. 52 53 These minutes were considered, corrected and approved at the regular Council meeting held on 54 November 9, 2020. 55 56 57 58 59 Julianne Bartell, City Clerk Rob Rafferty, Mayor 60 61 COUNCIL MINUTES DRAFT 1 LINO LAKES CITY COUNCIL 1 REGULAR MEETING 2 MINUTES 3 4 DATE : October 26, 2020 5 TIME STARTED : 6:30 p.m. 6 TIME ENDED : 7:05 p.m. 7 MEMBERS PRESENT : Councilmember Stoesz, Lyden, 8 Ruhland, Cavegn and Mayor Rafferty 9 MEMBERS ABSENT : None 10 11 Staff members present: City Administrator Sarah Cotton; Director of Community Development 12 Michael Grochala, City Engineer Diane Hankee; Public Safety Director John Swenson; City Clerk 13 Julie Bartell. 14 15 PUBLIC COMMENT 16 Mayor Rafferty noted a large thank you card from residents around the 12th Avenue Trail project. 17 He noted that many people at City Hall were involved in making the trail a reality, including former 18 council members Maher and Manthey and Mayor Reinert as well as the Park Board and City staff. 19 SETTING THE AGENDA 20 The agenda was approved as presented. 21 CONSENT AGENDA 22 Councilmember Cavegn moved to approve the Consent Agenda, Items 1A through 1E as presented. 23 Councilmember Ruhland seconded the motion. Motion carried on a voice vote. 24 25 ITEM ACTION 26 Consideration of Expenditures: 27 A) Consideration of Expenditures: Oct 26, 2020 28 (Check No. 113078 through 113269) in the amount 29 of $719,123.71 Approved 30 B) Consider Approval of October 5, 2020 Council Work 31 Session Minutes Approved 32 C) Consider Approval of October 12, 2020 Counci Minutes Approved 33 D) Consider Approval of Resolution No. 20-117, Auth 34 Certification of Delinquent Water and Sewer Charges 35 for Collection with 2020 Property Taxes Payable 2021 Approved 36 E) Consider Approval of Resolution No. 20-127, Premise 37 Permit for Centennial High School Football to sell 38 Pull Tabs at Campanelle Bart & Restaurant Approved 39 FINANCE DEPARTMENT REPORT 40 There was no report from the Finance Department. 41 COUNCIL MINUTES DRAFT 2 ADMINISTRATION DEPARTMENT REPORT 42 There was no report from the Administration Department. 43 PUBLIC SAFETY DEPARTMENT REPORT 44 6A) Consider Acceptance of Donated Gift Cards – Public Safety Director Swenson remarked 45 that many people have been bringing in donations for the Police Department in recognition of current 46 conditions. There is an abundance of gift cards at this time and the department is unable to provide 47 them to volunteers (none working at this time). He is requesting therefore that the council accept 48 the gift cards on behalf of the City so they can be used within the department for miscellaneous 49 needs. Councilmember Lyden remarked that using them to reward wellness would be a good use 50 also. 51 Councilmember Stoesz moved to authorize the receipt and use of donated cards as recommended. 52 Councilmember Lyden seconded the motion. Motion carried on a voice vote. 53 PUBLIC SERVICES DEPARTMENT REPORT 54 There was no report from the Public Services Department. 55 COMMUNITY DEVELOPMENT REPORT 56 6A) Consider Approval of Public Hearing and Ordinance No. 05-20, Vacating Drainage 57 and Utility Easement Lot 14, Block 2, NorthPointe 2nd Addition – City Engineer Hankee 58 reviewed her written staff report. A resident is requesting the vacation in order to allow 59 construction of a deck to an existing home. Staff is supportive of the vacation based on the 60 easement being larger than needed. 61 Mayor Rafferty opened the public hearing. 62 There being no one present wishing to speak, the public hearing was closed. 63 Councilmember Stoesz moved to approve the 1st Reading of Ordinance No. 05-20 as presented. 64 Councilmember Cavegn seconded the motion. Motion carried on a voice vote. 65 6B) Consider Approval of Resolution No. 20-118, Adopting Assessments, 2020 Individual 66 Properties – City Engineer Hankee explained that adoption of individual assessment is requested. 67 These assessment that have been requested by property owners. She reviewed the list of requests. 68 Councilmember Cavegn asked for confirmation that wells can still remain in place but without a 69 connection to the home (for non-potable water use only). 70 Councilmember Ruhland moved to approve Resolution No. 20-118 as presented. Councilmember 71 Lyden seconded the motion. Motion carried on a voice vote. 72 6C) Consider Approval of Resolution No. 20-119, Adopting Assessments, Nadeau Acres, 73 City Engineer Hankee explained that the adoption of assessments related to the Nadeau Acres 74 development is requested. Assessment of these costs was included in the development agreement as 75 consent. 76 COUNCIL MINUTES DRAFT 3 Councilmember Cavegn moved to approve Resolution No. 20-119 as presented. Councilmember 77 Stoesz seconded the motion. Motion carried on a voice vote 78 6D) Consider Approval of Resolution No. 20-120, Adopting Assessments, Stern Addition, 79 City Engineer Hankee reviewed the request to approve assessments related to the Stern Addition, 80 brought forward at the request of the property owner. Mayor Rafferty noted that the Stern 81 Addition involves a lot split and is the result of a successful road improvement project on the street. 82 Councilmember Cavegn moved to approve Resolution No. 20-120 as presented. Councilmember 83 Lyden seconded the motion. Motion carried on a voice vote 84 6E) Consider Approval of Resolution No. 20-121, Adopting Assessments, Watermark 2nd 85 Addition – City Engineer Hankee explained the assessment requested for the Watermark 2nd 86 Addition and she reviewed the total amount. The assessments were agreed upon in the development 87 agreement for the project. 88 Councilmember Ruhland moved to approve Resolution No. 20-121 as presented. Councilmember 89 Lyden seconded the motion. Motion carried on a voice vote 90 6F) Consider Approval of Resolution No. 20-122, Adopting Assessments, Watermark 3rd 91 Addition – Phase 3A – City Engineer Hankee explained the assessment requested for the 92 Watermark 3rd Addition and she reviewed the total amount. The assessments were agreed upon in 93 the development agreement for the project. 94 Councilmember Ruhland moved to approve Resolution No. 20-122 as presented. Councilmember 95 Cavegn seconded the motion. Motion carried on a voice vote 96 6G) Consider Approval of Resolution No. 20-123, Approving Payment No. 5 and Final, 97 Pheasant Hills Circle Project, City Engineer Hankee noted that staff is requesting authorization to 98 make a final payment on the noted project that involved work on water mains and fire hydrants and 99 eventually some restoration work which put the contract slightly over budget. 100 Councilmember Cavegn asked why the overage wasn’t included in the August change order and Ms. 101 Hankee explained that additional work in some part came from working with residents in the area. 102 Mayor Rafferty noted the his familiarity with the project and the good work of the contractor. 103 Councilmember Lyden moved to approve Resolution No. 20-123 as presented. Councilmember 104 Stoesz seconded the motion. Motion carried on a voice vote 105 6H) Consider Approval of Resolution No. 20-125, Approving Payment No. 3 and Final, 106 Sanitary Sewer to Water Tower No. 3, - City Engineer Hankee explained the need to bring sewer 107 to the new water tower site. The small amount of chlorine that seeps from the facility is required to 108 flow to a sanitary sewer. The project is complete and the final payment is appropriate. 109 Councilmember Stoesz asked if an RV dumpsite would be appropriate at this site and Ms. Hankee 110 noted other dump sites available in the area. 111 Councilmember Lyden moved to approve Resolution No. 20-125 as presented. Councilmember 112 Ruhland seconded the motion. Motion carried on a voice vote 113 COUNCIL MINUTES DRAFT 4 6I) Consider Approval of Resolution No. 20-126, Approving Payment No. 5 and Final, 114 2018 Surface Water Maintenance Project – City Engineer Hankee explained what was included in 115 the 2018 project. One element was delayed to wait for conditions to dry. The project is now 116 complete. 117 Councilmember Cavegn moved to approve Resolution No. 20-126 as presented. Councilmember 118 Stoesz seconded the motion. Motion carried on a voice vote 119 6J) Consider Approval of Resolution No. 20-124, Accepting Quotes, 2020 Inflow and 120 Infiltration Reduction Project, - City Engineer Hankee explained the city project and biyearly 121 receipt of grant funds. In order to proceed with this year’s projects, quotes were received. She 122 noted the low quote and how the project would be funded. When appropriate staff intends to notify 123 area residents. Minor engineering costs in the range of $5,000 were noted. 124 Councilmember Ruhland moved to approve Resolution No. 20-124 as presented. Councilmember 125 Lyden seconded the motion. Motion carried on a voice vote 126 UNFINISHED BUSINESS 127 There was no Unfinished Business. 128 129 NEW BUSINESS 130 There was no New Business. 131 132 COMMUNITY EVENTS 133 There were no events announced. 134 COMMUNITY CALENDAR 135 Community Calendar – A Look Ahead 136 October 26, 2020 through November 9, 2020 137 138 Wednesday, October 28 6:30 pm, Zoom Environmental Board 139 Monday, November 2 6:00 pm, Council Chambers Council Work Session 140 Thursday, November 5 8:00 am, Zoom EDAC 141 Monday, November 9 6:30 pm, Council Chambers City Council Meeting 142 143 ADJOURN 144 145 At 7:05 p.m. Councilmember Stoesz moved that the council close the regular meeting to discuss 146 labor negotiations. Councilmember Cavegn seconded the motion. Motion carried on a voice vote. 147 148 These minutes were considered and approved at the regular Council Meeting on November 9, 2020. 149 150 151 152 153 Julianne Bartell, City Clerk Rob Rafferty, Mayor 154 155 CLOSED COUNCIL SESSION DRAFT 1 1 CITY OF LINO LAKES 2 MINUTES 3 CLOSED COUNCIL SESSION 4 5 DATE : October 26, 2020 6 TIME STARTED : 7:15 p.m. 7 TIME ENDED : 8:55 p.m. 8 MEMBERS PRESENT : Council Members Cavegn, Lyden, 9 Ruhland, Stoesz, Mayor Rafferty 10 MEMBERS ABSENT : none 11 12 Staff present: City Administrator Sarah Cotton; Director of Public Safety John Swenson 13 14 Mayor Rafferty reconvened the meeting at 7:15 p.m. at Lino Lakes City Hall. Before the 15 meeting was closed, Mayor Rafferty read a statement on the purpose of the meeting. The 16 meeting was closed as a session of the city council pursuant to the Open Meeting Law for 17 the purpose of discussing labor negotiations. 18 19 The meeting was recorded and the recording will be maintained as required in the Office 20 of the City Cler k. 21 22 The meeting was adjourned at 8:55 p.m. 23 24 These minutes were considered, corrected and approved at the regular Council meeting held on 25 November 9, 2020. 26 27 28 29 30 Julianne Bartell, City Clerk Rob Rafferty, Mayor 31 32 CITY COUNCIL AGENDA ITEM 2A STAFF ORIGINATOR: Hannah Lynch, Finance Director MEETING DATE: November 9, 2020 TOPIC: 1st Reading of Ordinance No. 07-20, Establishing the 2021 City Fee Schedule VOTE REQUIRED: 3/5 INTRODUCTION The City Council is being asked to approve the first reading of Ordinance No. 07-20, Establishing the 2021 City Fee Schedule. BACKGROUND In order to provide for a more efficient and timely method of reviewing and adjusting the various fees charged by the City, fees are consolidated into one schedule to be reviewed and adopted on an annual basis. The City’s current fee schedule has been circulated to department directors with a request to update or amend the schedule as appropriate for 2021. Staff has reviewed the fees in place to ensure their ongoing equity and cost recovery ability. Ordinance No. 07-20 (the proposed 2021 Fee Schedule) is attached. Recommended amendments to the ordinance are printed in red. Staff has adjusted fees to account for inflationary increases; they are generally consistent with neighboring cities. The changes proposed for 2021 are outlined below for your review: • Dog License, Environmental Handbook Fee, Garbage Hauler License, Rental Housing License, Rental License Re-Inspection Fee, Weed and Mowing Violation Certification Fee, Playground Grab Bags, Minimum Building Permit Fee, Grading Permit, Roofing Permit, Siding Permit, Swimming Pool Permit, Window/Door Replacement Permit, Mechanical (HVAC) Fee/Permit, Storm Pond Aeration Permit, Water Use Violation Fee, City Trunk Utility Connection Fees, Lateral Service Connection Fee, Surface Water Management Fees, Park Dedication Fee, Street Sealcoating Fee, and Tree Preservation Mitigation Fee The 2021 Fee Schedule Ordinance is presented for council review and first reading. Second reading of the ordinance is planned for the next regular council meeting on November 23, 2020. RECOMMENDATION Approve the first reading of Ordinance No. 07-20, Establishing the 2021 City Fee Schedule. ATTACHMENTS Ordinance No. 07-20 1st Reading: Publication: November 9, 2020 December 1, 2020 2nd Reading: Effective: November 23, 2020 January 4, 2021 The City of Lino Lakes City Council does ordain the following: ALCOHOLIC BEVERAGES 3.2 Beer Investigation, Initial Application Only 267.75$ 1 or 2 471.75$ 3+ 3.2 Beer Off-Sale 200.00$ /Year 3.2 Beer On-Sale 300.00$ /Year 3.2 Beer On-Sale Temporary 50.00$ Plus $5.00/Day Club License 300.00$ /Year Liquor License Investigation Fee, Initial Application Only 267.75$ 1 or 2 471.75$ 3+ Liqour License On-Sale 4,500.00$ /Year Liquor License Off-Sale 200.00$ /Year Liquor Temporary Permit 50.00$ Temporary Set-Up License 25.00$ Wine License Investigation Fee, Initial Application Only 267.75$ 1 or 2 471.75$ 3+ Wine License 500.00$ /Year Sunday Liquor 200.00$ /Year On-Sale Brewer Taproom 500.00$ /Year Off-Sale Growler 200.00$ /Year AMUESMENT & COMMERCIAL RECREATION City of Lino Lakes Ordiance No. 07-20 An Ordinance Adopting the 2021 City of Lino Lakes Fee Schedule and Providing for the Issuance Of Licenses, Permits and Collection of Fees Thereof; Repeals All Ordinances, Parts Of Ordinances and Previous Fee Schedules that Conflict Therewith. Section 1. Findings. Pursuant to Minnesota Law, the Lino Lakes City Charter, and the Lino Lakes City Code, and upon a review of a study conducted by City Staff, a fee schedule for City services and licensing is hereby adopted as follows: 2021 FEE SCHEDULE Cabaret License 35.00$ Dances 200.00$ /Year Gambling Permit Application 10.00$ BUSINESS & MISCELLANEOUS Assessment Search Fee 20.00$ /Search Background Check Fee 35.00$ /Background Burning Permit 50.00$ Dog Kennel - Private 20.00$ /Year Dog Kennel – Commercial 105.00$ /Year Dog License Male/Female 11.00$ Not Spayed or Neutered 10.50$ Not Spayed or Neutered 6.00$ Spayed or Neutered 5.25$ Spayed or Neutered Copies: Per Page -$ /Page (1-10 Pages) 0.25$ /Page (11-100 Pages) Actual Cost 100+ Pages Copies: New Resident Labels 5.00$ /Month Flat Fee Copies: Large Scale (>11”x17”) 0.50$ /Square Foot City Charter -$ First Copy 10.00$ Each Additional Copy City Code Book 75.00$ City Map 2.50$ Comp. Plan 55.00$ CD or DVD 7.00$ Enviromental Handbook 55.00$ Fax Charge -$ 1-10 Pages 0.25$ /Page 11+ Pages Garbage Hauler License 100.00$ First Truck 75.00$ First Truck 45.00$ Each Additional Truck Lawn Sprinkling Violation 25.00$ First Violation 50.00$ Each Subsequent Citation Overweight Permit 50.00$ Pawn Shop Class A 10,000.00$ Pawn Shop Class B 7,000.00$ Class A Secondhand Goods Dealer 720.00$ Class B Secondhand Goods Dealer 105.00$ Class C Secondhand Goods Dealer -$ No Fee Massage Therapist License (Individual) 50.00$ Annually Therapeutic Massage Business License 200.00$ Annually Pawn Shop Investigation 15,400.00$ Deposit on Costs Pawn Shop In-State Investigation 765.00$ Pawn Shop Out-State Investigation 20,400.00$ Peddler, Solicitor, Transient Merchant 250.00$ /6 Months (up to 3 backgrounds included free of charge) Rental Housing License (Annual)69.00$ 1 or 2 Units Plus $15.00/Unit for 3 or More Units (fee to be reduced by 50% if issued less than six months from expiration date) 67.00$ 1 or 2 Units Plus $15.00/Unit for 3 or More Units (fee to be reduced by 50% if issued less than six months from expiration date) Rental License Re-Inspection Fee 69.00$ 67.00$ Return Check Charge 30.00$ Special Event Permit 50.00$ Tobacco License 50.00$ Weed & Mowing Violation 150.00$ First Hour 75.00$ Each Additional Hour 30.00$ Non-Payment Certification fee Zoning Maps 5.00$ Large or Colored Zoning Ordinance 25.00$ PARK & RECREATION USER FEES Field Rental - Resident Only Baseball/Softball Drag Only 20.00$ /Evening Baseball/Softball Drag & Chalk 30.00$ /Evening Soccer (Excluding Youth) 65.00$ /Evening Picnic Shelter Reservation -$ Residents 25.00$ Non-Resident Playground Grab Bags 10.00$ /$25.00 FIRE REGULATIONS Annual Permit for Sale of Consumer Fireworks 350.00$ Exclusive Retail Seller 100.00$ In Conjunction with Existing Retail Store POLICE FEES Copy of Report -$ To Subject of Data up to 3 Pages 1.00$ 4th Page 0.25$ /Page 5-100 Pages Copy of Report – Mail In 4.00$ Up to 4 Pages 0.25$ /Page Thereafter Vehicle Lockouts -$ No Fee Clearance Letter 15.00$ Fingerprinting 15.00$ By Appointment Photographs 25.00$ Plus Developing Costs Electronic Photographs 10.00$ /Page of Four False Alarms -$ 1-3 52.50$ 4-10 105.00$ 11 or More / Calendar Year Vehicle Forfeiture Fee 100.00$ /Vehicle DVD (Police Dept) 25.00$ Dangerous Dog Registration 255.00$ /Year BUILDING - CONSTRUCTION UTILITES Building Permit Fee Schedule Building Permit Fees shall be based on the Fee Table. Fire Suppression Permit Fee shall be based on Fee Table. Minimum fee of $69.00 $67.00 for all permits. Fee Table Total Valuation Fee $1.00 to $1,360.00 $69.00 $67.00 $1,361.00 to $2,000.00 $2,001.00 to $25,000.00 $25,001.00 to $50,000.00 $50,001.00 to $100,000.00 $100,001.00 to $500,000.00 $500,001.00 to $1,000,000.00 $23.50 for the first $500.00 plus $3.05 for each additional $100.00, or fraction thereof, to and including $2,000.00. Min. Fee $69.00 $69.25 for the first $2,000.00 plus $14.00 for each additional $1,000.00, or fraction thereof, to and including $25,000.00 $391.25 for the first $25,000.00 plus $10.10 for each additional $1,000.00, or fraction thereof, to and including $50,000.00 $643.75 for the first $50,000.00 plus $7.00 for each additional $1,000.00, or fraction thereof, to and including $100,000.00 $993.75 for the first $100,000.00 plus $5.60 for each additional $1,000.00, or fraction thereof, to and including $500,000.00 $3,233.75 for the first $500,000.00 plus $4.75 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00 $1,000,001.00 and up Other Inspections and Fees Work Commencing Before Permit Issuance Double Permit Fee Erosion Control Inspection Fee Single, Two-Family, Townhomes up to 8 Units 160.00$ Multi-Family > 8 Units, Commercial, Industrial, and Institutional Determined by Separate Agreement Change of Use/Occupancy Inspections 69.00$ /Trip 67.00$ /Trip Erosion Control Re-Inspection Fee 69.00$ /Trip 67.00$ /Trip Inspections Outside of Normal Business Hours 69.00$ /Hour* 67.00$ /Hour* Re-Inspection Fee 69.00$ /Trip 67.00$ /Trip Inspections for which no fee is specifically designed 69.00$ /Trip 67.00$ /Trip Additional Plan Review Required by Changes, Additions, or Revisions 69.00$ /Hour** 67.00$ /Hour** For use of outside consultants for plan checking and inspections, or both Actual Cost*** Plan Review Fee a. 65% of the Building Permit Fee b. 25% of the Building Permit Fee for review of similar plans (Master Plan) in a 12 month period Easement Encroachment Fee County Recording Fee Plus $25.00 Antenna, City Owned Property 250.00$ Plus $6,000 Escrow Antenna, Private Property See Building Fee Table Accessory Building Permit: 200 sq. ft. or under in size 69.00$ 67.00$ Accessory Building Permit: over 200 sq. ft. in size See Building Fee Table Fence Permit: 6 feet or under in height 69.00$ 67.00$ Fence Permit: over 6 feet in height See Building Fee Table Grading Permit 160.00$ 155.00$ Grading Permit Escrow Deposit (if not included in Dev. Contract) 300.00$ Roofing Permit 106.00$ 103.00$ $5,608.75 for the first $1,000,000.00 plus $3.15 for each additional $1,000.00, or fraction thereof Siding Permit 106.00$ 103.00$ Swimming Pool Permit 160.00$ In Ground 155.00$ In Ground 106.00$ Above Ground 103.00$ Above Ground Window/Door Replacement Permit 79.00$ /Unit (max $158.00) 77.00$ /Unit (max $155.00) Retaining Wall Permit 69.00$ 67.00$ Mechanical (HVAC) permit: Gas Fireplace 69.00$ Plus $34.50 for Each Additional Fireplace 67.00$ Plus $32.50 for Each Additional Fireplace Mechanical (HVAC) Permit: Residential 69.00$ Except New Construction 67.00$ Mechanical (HVAC) Fee: New Construction Residential 158.00$ Does Not Include Fireplaces 154.00$ Mechanical (HVAC) Permit: Commercial 2% of the Contract Price ($69.00 Minimum Fee) 2% of the Contract Price ($67.00 Minimum Fee) Manufactured Home Permits 250.00$ Plumbing Permit 11.00$ /Fixture ($69.00 Min. Fee) 11.00$ /Fixture ($67.00 Min. Fee) Sewer Connection Inspection Fee 200.00$ Water Connection Inspection Fee 250.00$ Contractor License Verification 5.00$ /Permit Contractor Lead Certification Verification 5.00$ /Permit Contractor License 50.00$ Metropolitan Council SAC (Sewer Availability Charge)Per Met Council Water Meter City Cost plus $50.00 MXU Unit City Cost plus $50.00 Water Meter + MXU Unit City Cost plus $50.00 Touch Pad 18.00$ Curb Stop Covers 70.00$ Septic Installation or Repair Permit 250.00$ Septic Pumping Permit 10.00$ Demolition Permit 69.00$ 67.00$ Lawn Sprinkler/Irrigation System Permit 69.00$ 67.00$ Irrigating or Watering of New Landscaping Permit (Sod or Seed) -$ No Fee Driveway Replacement Permit 69.00$ 67.00$ Sign Permit: Existing Billboard 85.00$ /Year Sign Permit: Permanent See Building Fee Table Sign Permit: Sandwich Board 25.00$ Sign Permit: Temporary (portable/banner) 25.00$ /Term Storm Pond Aeration Permit 150.00$ All permits issued are subject to applicable State surcharge fees. * Inspections made outside of normal business hours is a three-hour minimum charge. ** *** Actual costs include administrative and overhead costs. ESCROW DEPOSITS a. Driveway - $1,000.00 b. Exterior Concrete - $1,000.00 c. As-built Surveys - $1,000.00 d. Stucco (final coat only) - $1,000.00 e. Garage Floor - $1,000.00 f. Landscaping - $2,500.00 (landscaping may be escrowed year-round per City Staff) g. Other – Determined by City staff at a rate of 125% of the actual improvement costs Escrow deposits will be charged a $100.00 non-refundable administrative fee. Escrow deposits can be submitted through one of the following procedures: a. Fee Refund – Per applicant request, City staff may refund permit fees up to 80% for voided permits. Plan review fees and state surcharge fees are non-refundable. No refund shall be provided if permit has expired. Or the total hourly cost to the jurisdiction, whichever is greatest. This cost shall include supervision, overhead, equipment, hourly wages, and fringe benefits of the employees involved. An escrow may be required, as determined by the City Engineer, to cover all costs incurred by the City for plan revision and construction observation. Escrow can be paid to the City upon execution of an agreement signed by both the payee and the City. In order to obtain a Certificate of Occupancy, escrow deposits shall be collected if exterior work cannot be completed due to inclement weather, as determined by City Staff, whereupon a Temporary Certificate of Occupancy would be issued subject to the execution of an escrow agreement and payment thereof. Any unfinished work must be completed within six months (weather permitting) from the date of issuance. The following escrow amounts are hereby established: b. A partial release, of a multi-item escrow, will be charged a $75.00 non-refundable administrative fee. RIGHT-OF-WAY MANAGEMENT Excavation Permit Fees 125.00$ 70.00$ /100 Lineal Feet Plus Hole Fee Obstruction Permit Fee 50.00$ Plus $0.05/ Lineal Foot Permit Extension Fee Includes administration, recording & review 55.00$ Delay Penalty 60.00$ Degradation Fee Degradation Fee Formula: Degradation Fee: UTILITY FEES Sewer Utility Rates Water Utility Rates Late Penalty 10% of Unpaid Balance, Assessed Quarterly The title company or lending institution can hold the escrow upon execution of an agreement signed by both the title company or lending institution and the City. Hole (includes administration, plan review, inspection, testing and mapping) Trench (includes administration, plan review, inspection, testing & mapping) Includes administration, recording, review & inspection For up to three days of non-completion and non- prior notice before specified date. After three days an additional charter of $10.00 per day will be levied. To be considered by separate Ordinance, No. 11-13 This formula covers degradation for depreciation caused by intrusion into the right-of- way. The depreciation applies to the original surface of the right-of-way and to the overlays and seal-coats applied to the surface. The formula includes life expectancy schedules for each and has an estimated cost per square yard based on the quality of the right-of-way surface required for different levels of traffic. This formula creates a degradation fee which is determined by the cost per square yard for street, overlay, and seal-coat, multiplied by the depreciation schedule, multiplied by the area of the street patch. (cost per square yard for street overlay and seal-coat x depreciation schedule rates) x area of street patch = degradation fee To be considered by separate Ordinance, No. 11-13 Water Meter Rental 600.00$ Deposit 25.00$ /Month Additional Accessories 25.00$ /Month Water Usage Fee 5.00$ /1,000 Gallons Utility Non-Payment Certification Fee 30.00$ Meter Testing (Our Cost, Delivered To Minneapolis) 100.00$ 5/8" - 3/4" Meter Test 150.00$ 1" Meter Test 250.00$ 1-1/2" - 2" Meter Test Water Use Violation 25.00$ 1st Violation 50.00$ 2nd and Subsequent Violations Trunk Charge Sanitary Sewer 1,630.00$ /Unit 1,606.00$ /Unit Water 2,341.00$ /Unit 2,306.00$ /Unit Availability Charge City Sewer (CSAC)1,525.00$ /SAC Unit 1,502.00$ /SAC Unit City Water (CWAC)1,473.00$ /SAC Unit 1,451.00$ /SAC Unit City Trunk Utility Connection Fees - The Trunk Utility Connection Fee consists of two components: a Trunk Charge and an Availability Charge. The trunk charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. Residential trunk charges are based on one unit per dwelling unit. Commercial/Industrial/Institutional (CII) trunk charges are based on a factor of 2.92 units per acre. 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). Residential uses shall be assigned one unit per dwelling unit unless otherwise noted by MCES. The Lateral Service Connection Fee shall be in addition to the City Trunk Utility Connection Fees. Lateral Service Connection Fees Sanitary Sewer 66.50$ /Front Foot 65.50$ /Front Foot Watermain 62.90$ /Front Foot 62.00$ /Front Foot REU = a residential equivalent connection: 1. Residential – a single housing unit 2. Non-Residential REU = per Met Council Service Availability Charge Procedures Manual Surface Water Management Fee Charge per Acre of Development CULVERT PRICES All culvert prices are based on market prices and include tax & delivery and 15% administration fee If the lot or tract of land, or portion thereof, to be served by a lateral connection has not been assessed for the cost of construction, then the applicant shall pay, upon hook-up, a lateral connection in accordance with Resolution No. 02-149 (Bisel Amendment) based on the following front foot charges: Vacant Buildings: Owners of a commercial/industrial building(s) connected to City water and/or sewer utilities that are vacant due to business closures or other reasons may apply to have the number of billed REU’s reduced to one (1) REU for purposes of calculating utility fees effective from the date the building(s) were vacated for as long as the building(s) remain unoccupied. When the building(s) again becomes occupied the owner must inform the City of such occupation, at which time the number of REU’s will be determined and utility fees assessed according to the current fee structure. (Ordinance No. 06-13, passed 8-26-13) Single/Two Family Lots Multi Family Lots Commercial/Industrial/ Instituational Property $7,434.00 $7,318.00 $9,997.00 $9,845.00 $11,073.00 $10,890.00 Fees are based on developable land in accordance with the policy provisions established in Resolution No. 92- 70. Credits may be earned for sub-watershed trunk improvements. LAND USE Fees Alternative Urban Area-wide Review (I-35E AUAR) 300.00$ /Acre Administrative Permit 69.00$ 67.00$ Zoning Confirmation Letter 30.00$ Escrow Deposits (Application Fee Required With Each Submittal) Application Fee 200.00$ Comprehensive Plan Amendment 3,000.00$ 40 Acres or Less 5,000.00$ Over 40 Acres Conditional Use Permit 1,000.00$ Residential 7,500.00$ Commercial/Industiral/ Institutional Environmental Assessment Worksheet 10,000.00$ Interim Use Permit 1,000.00$ Ordinance Amendment Map Amendment (Rezone) 1,500.00$ 40 Acres or Less 5,000.00$ Over 40 Acres Text Amendment 1,500.00$ Planned Unit Development 3,000.00$ General Concept Plan 12,500.00$ Development Stage Plan 7,500.00$ Final Plan Site Plan Review 7,500.00$ Subdivision Concept Plan Review 1,500.00$ Minor Subdivision 3,000.00$ Preliminary Plat 5,000.00$ Less than 5 Acres 7,500.00$ 5-40 Acres 12,500.00$ Over 40 Acres Final Plat 1,500.00$ Less than 5 Acres 5,000.00$ 5-40 Acres 7,500.00$ Over 40 Acres Vacation (Street, Utility, Drainage) 1,000.00$ Variance or appeal 750.00$ To be charged at the time of land use approval for projects within the I-35E Corridor AUAR area that require preliminary plats; conditional use permits; site and building plans; and planned unit developments. Once paid, the same land will not be charged again. (no fee for Transient Merchant if issued by City Clerk) DEVELOPMENT FEES GIS Mapping Fee 90.00$ /Lot Park Dedication 2,520.00$ /Acre Residential 3,160.00$ /Acre 3,150.00$ /Acre Street Sealcoating 0.44$ /Square Foot Tree Preservation Mitigation Fee 350.00$ /Tree 300.00$ /Tree Street Lighting Operation Fee (New Development) 120.00$ ECONOMIC DEVELOPMENT ASSISTANCE Tax Increment Financing or Tax Abatement 10,000.00$ Escrow Deposit Tax Exempt Financing 2,500.00$ STAFF TIME LATE FEE Staff time for chargeable event/projects shall be charged as the employee’s hourly rate of pay plus benefits plus calculated overhead costs (when applicable). Overtime will be charged at 1.5 times the calculated hourly rate. Late penalty fee: a late charge of 10% or $25.00, whichever is greater, will be charged for fees not paid when due. An escrow account shall be established as indicated above to cover all expenses incurred by the City as part of the plan review. In the case of applications including multiple requests the highest escrow deposit amount will be the only one initially required. The applicant is responsible for all costs incurred by the City during plan review. If the escrow account drops below 10% of the original deposit amount the City will require the submittal of an additional escrow deposit sufficient to cover any anticipated expenses. Upon City determination that the project is complete or expired, the City will return the remaining escrow deposit to the applicant. Commercial/Industrial/Assisted-Living/Skilled Nursing /Light ($8/mo/light x 15 months) Application Fee, plus 1% Administration Fee Adopted by the Lino Lakes City Council this 23rd day of November, 2020. The following voted against same: Rob Rafferty, Mayor ATTEST: Julianne Bartell, City Clerk 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: Section 2. Effective Date of Ordinance. This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. CITY COUNCIL AGENDA ITEM 3A STAFF ORIGINATOR: Sarah Cotton MEETING DATE: November 9, 2020 TOPIC: Consider Appointment of Human Resources Manager VOTE REQUIRED: 3/5 INTRODUCTION The City Council is being asked to approve the appointment of Meg Sawyer to the vacant Human Resources Manager position. BACKGROUND At this time, staff has completed a recruitment process, provided a conditional offer, and is recommending the approval of Meg Sawyer for the position. Sawyer holds a Bachelor’s Degree in Business Administration and has 12 years of experience in Human Resource Management. The hourly rate of pay would be $42.83, which is step 3 of the current wage schedule. With Council’s approval, Sawyer would start in the position of Human Resources Manager on Monday, November 30, 2020. RECOMMENDATION Approve the appointment of Meg Sawyer to the Human Resources Manager position. CITY COUNCIL AGENDA ITEM 4A STAFF ORIGINATOR: John Swenson, Public Safety Director MEETING DATE: November 9, 2020 TOPIC: Consider 1st Reading of Ordinance No. 08-20, Enacting Ordinance Regulating Targeted Picketing in Residential Neighborhoods. VOTE REQUIRED: 3/5 INTRODUCTION The City Council is being asked to consider the 1st Reading of Ordinance No. 08-20, Enacting Ordinance 511 Regulating Targeted Picketing in Residential Neighborhoods. BACKGROUND Title 500 of the Lino Lakes City Code has been amended by adding a new Chapter 511, which establishes a regulation related to targeted picketing in residential neighborhoods. Staff has received inquiries from residents regarding a protest that occurred in the neighboring City of Hugo this past summer and the impacts that it had on the residential neighborhood. Staff has conducted research on potential ordinances that would protect the rights of residents as well as the rights of others to engage in free speech events. After reviewing the ordinance enacted in neighboring Cities and working with City Attorney Jay Squires, staff is recommending that Council add Ordinance 511Regulating Targeted Picketing in Residential Neighborhoods in the City of Lino Lakes. RECOMMENDATION Staff recommends the adoption of Ordinance No. 08-20 with the following actions: 1. Dispense with the full reading of the ordinance; 2. Roll call vote for adoption of the ordinance. ATTACHMENTS Ordinance No. 08-20 1st Reading: Publication: 2nd Reading: Effective: CITY OF LINO LAKES ORDINANCE NO. 08-20 AN ORDINANCE AMENDING TITLE 500, GENERAL REGULATIONS, BY ADDING A NEW CHAPTER 511 THERETO, RELATING TO AND REGULATING TARGETED PICKETING IN RESIDENTIAL NEIGHBORHOODS IN THE CITY OF LINO LAKES. The City Council of Lino Lakes ordains: Section 1. Preamble. WHEREAS, the City Council finds that targeted residential picketing in front of or about a residential dwelling causes emotional distress to the dwelling occupants, obstructs and interferes with the free use of public rights-of-way and has as its object the harassment of the dwelling occupants; and, WHEREAS, the City Council further finds that, without resorting to targeted residential picketing, ample opportunities exist for those otherwise engaged in targeted residential picketing to exercise constitutionally protected freedom of speech and expression; and, WHEREAS, the protection and preservation of the home is the keystone of democratic government; the public health and welfare and the good order of the community require that members of the community enjoy, in their homes and dwellings, a feeling of wellbeing, tranquility and privacy and, when absent from their homes and dwellings, carry with them the sense of security inherent in the assurance that they may return to the enjoyment of their homes and dwellings; the practice of picketing before or about residences and dwellings causes emotional disturbance and distress to the occupants, obstructs and interferes with the free use of public sidewalks and public ways of travel; such practice has as its object the harassing of such occupants and, without resort to such practice, full opportunity exists, and under the terms and provisions of this section, will continue to exist for the exercise of freedom of speech and their constitutional rights; and that the provisions hereinafter enacted are necessary for the public interest to avoid the detrimental results herein set forth. Section 2. Definitions. For the purpose of this ordinance, “targeted residential picketing” means an activity, including but not limited to marching, standing or patrolling, that is focused on a single residential dwelling without the consent of the dwelling’s occupant(s). Section 3. Prohibited Activity. No person shall engage in targeted residential picketing within the City. Section 4. Violation/Penalty. Every person convicted of a violation of any provision of this Ordinance shall be guilty of a misdemeanor. Section 5. Severability. Should any section, subdivision, clause or other provision of this Ordinance be held to be invalid by any court of competent jurisdiction, such decision shall not affect the validity of the Ordinance as a whole, or of any part thereof, other than the part held to be invalid. Section 6. Effective Date. This ordinance shall become effective upon its passage and publication according to the Lino Lakes City Charter. Adopted by the Lino Lakes City Council this ____ day of ________________ 2020. The motion for the adoption of the foregoing ordinance was introduced by Councilmember _____________and was duly seconded by Councilmember ___________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: ____________________________ Rob Rafferty, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk 1 CITY COUNCIL AGENDA ITEM 6A STAFF ORIGINATOR: Kendra Lindahl, Landform MEETING DATE: November 9, 2020 TOPIC: Consider Resolution No. 20-128 Adopting the 2040 Comprehensive Plan CASE NUMBER: N/A APPLICANTS: City of Lino Lakes OWNERS: Multiple REVIEW SCHEDULE: Complete Application Date: N/A P & Z Board Meeting: N/A City Council Work Session November 2, 2020 City Council Meeting: November 9, 2020 60-Day Review Date: N/A INTRODUCTION Staff is requesting City Council adoption of the 2040 Comprehensive Plan. The current plan can be found on the City website: https://linolakes.us/compplan. BACKGROUND The Comprehensive Plan is the community’s vision for development in Lino Lakes. Although it is a physical plan, it reflects the community's social and economic values. These values are translated into the type of land use the city desires and programs regarding economic development, housing, parks, transportation and other key areas. The Comprehensive Plan helps communities determine how to plan for investment in sewer, water, roads, parks, and other infrastructure. When evaluating how land will be used in the future, communities also consider housing needs, employment patterns, recreational space and commercial activities. Planning where different uses will go helps communities maximize efficient delivery of services to businesses and residents, which helps manage costs. Identifying land uses provides a guide to the city to tell them if a development is located on a parcel that is consistent with the infrastructure and city services provided to that area. 2 When the city adopts the Comprehensive Plan, it provides general guidance to landowners about how the city expects the land to develop. The City Council must then adopt a Zoning Map and Zoning Ordinance standards to implement that plan and begin work on other implementation items. Process The city kicked off the 2040 update process with a Joint Council/Board meeting on May 15, 2017. The City met with residents, boards and City Council and held open houses throughout the 2 ½ year process. The City prepared newsletter articles, created a website and created a My Sidewalk page to provide information and opportunities for feedback on the plan. The public hearing was held on April 10, 2019 and on May 13, 2019, the City Council approved Resolution 19-54 authorizing distribution of the 2040 Comprehensive Plan for adjacent jurisdiction review. The plan was submitted to the Metropolitan Council on November 27, 2019 and the Metropolitan Council completed their review on October 28, 2020. Chapter Summary Chapter 1 - Introduction This chapter of the Comprehensive Plan builds a foundation for the chapters to follow, by describing the community and its regional context, and setting forth the vision of Lino Lakes’ future that guides the entire plan. This chapter provides the Community Vision statement. This chapter provides information about the history of Lino Lakes and describes how the city fits in the regional context. It describes the process that the city went through to create the 2040 Comprehensive Plan and summarizes the results of the surveys done as part of the process. Chapter 2 - Community Background This chapter summarizes background information helpful for understanding the natural environment, the built environment and the people of Lino Lakes. The information presented here is a snapshot of the community using data collected from a variety of sources including the 2030 Comprehensive Plan, the United States Census Bureaus’ Decennial Census and Community Surveys, the Metropolitan Council and from the city’s own Geographic Information System (GIS). This chapter provides demographic data and maps of the existing conditions. Chapter 3 - Land Use The Land Use Plan builds on the city’s vision and establishes a policy framework in which future development will occur and how the city will accommodate forecasted household and employment growth. This chapter provides direction to landowners and developers about how and when development is expected by providing land use classifications with density ranges and planning parameters, as well as sewer staging. 3 The Council originally intended the 2040 Plan as an update to the 2030 plan and few significant changes were expected. However, there were changes to the land use plan and the staging plan and the chapter includes graphics to identify exactly where those changes occurred. The land use chapter will be implemented by adopting a new Zoning Map to correspond with the land use changes and the city will update the City Code to implement the comprehensive plan goals as noted in the Planning Districts (in this chapter) and the Implementation chapter. Chapter 4 - Housing The Housing Plan satisfies the requirements of the Metropolitan Land Planning Act and stipulations of Minnesota Statute §473.859, Subd. 2(c) and Subd. 4. The plan includes background information on current housing supply and an assessment of current and future housing needs. Chapter 12 of the Comprehensive Plan includes implementation strategies for the Housing Plan and other plan chapters. The city developed a Land Use Plan that identifies residential areas at a variety of density ranges and will incorporate areas with higher density housing options. This will accommodate a wider variety of housing types including senior housing, live/work units, and multi-family in a variety of styles from rental, condo and townhomes. Single family options will range from entry-level single family, move-up for growing families and “executive housing” to meet the needs of a changing population. This shift to provide a more diverse housing supply supports future economic development objectives by retaining existing residents and attracting new residents from all social and economic backgrounds and is an essential component for sustainable growth. These areas will provide much needed housing options for the city’s work force, young professionals, families, and senior residents. The 2040 Comprehensive Plan continues to accommodate these housing options. The city is required to show how the comprehensive plan will accommodate their share of the regional demand for affordable housings. “Affordable” housing is defined as housing that is affordable to low-and moderate-income families. The Metropolitan Council has calculated Lino Lakes’ share of the region’s need for low- and moderate-income housing for the decade of 2021- 2030 to be 515 new units. The city must demonstrate that it has guided residential land at densities sufficient to create opportunities for construction of affordable housing, to accommodate its share of the region’s affordable housing need for 2021-2030. The regional and local plans will be updated again in ten years, at which time the city will need to accommodate the need for affordable units in the following decade of 2031-2040. Chapter 5 - Economic Development This chapter will set goals and policies for economic development, document some of the key indicators of the city’s economy, describe available economic development assistance tools and describe the economic development priorities as established in the city’s Economic Development Strategic Plan. This chapter also provide employment and commuter patterns. 4 Chapter 6 - Transportation The purpose of the Transportation Chapter is to provide the policy and program guidance needed to make appropriate transportation-related decisions when development occurs, when elements of the transportation system need to be upgraded or when transportation problems need to be addressed. The Transportation Chapter demonstrates how the City of Lino Lakes will provide for an integrated transportation system that will serve the future needs of its residents and businesses, support the city’s development plans, and complement the portion of the metropolitan transportation system that lies within the city’s boundaries. Chapter 7 - Local Water Management Plan The City of Lino Lakes’ Local Water Management Plan (LWMP) is a local management plan that meets the requirements of Minnesota Statutes §103B.235, Minnesota Rules 8410, the Rice Creek Watershed District Watershed Management Plan (dated January 2010, as amended November 9, 2016), and the Vadnais Lake Area Water Management Organization Watershed Management Plan (dated October 26, 2016). Minnesota Statute §103B.201 states that the purposes of the water management programs are to: • Protect, preserve, and use natural surface and groundwater storage and retention systems; • Minimize public capital expenditures needed to correct flooding and water quality problems; • Identify and plan for means to effectively protect and improve surface and groundwater quality; • Establish more uniform local policies and official controls for surface and groundwater management; • Prevent erosion of soil into surface water systems; • Promote groundwater recharge; • Protect and enhance fish and wildlife habitat and water recreational facilities; and • Secure the other benefits associated with the proper management of surface and groundwater. Chapter 8 - Sanitary Sewer The 2040 Comprehensive Sanitary Sewer Plan has two primary purposes. The first purpose is to provide recommendations and guidance to the City of Lino Lakes by evaluating the sewer system requirements needed from now through the year 2040 and beyond. This is completed by developing a strategy to implement a sanitary sewer system in accordance with the anticipated growth and development patterns of the city, as forecasted in the City of Lino Lakes 2040 Land Use Plan and devising a proposed infrastructure system that can be feasibly and economically constructed to support this growth. The second purpose is to produce documentation that can be used by state and local agencies, particularly the Metropolitan Council, for future local and regional planning purposes. As a result of projected population increases and land use changes in Lino Lakes, the Metropolitan Council estimates that sanitary sewer flows will increase approximately 54 percent between 2010 5 and 2040. This Sanitary Sewer Plan outlines the locations in which the Metropolitan Council can expect to see increased wastewater flows, allowing the Council to determine if capacity upgrades will be required in the region. This plan was developed in conjunction with the Land Use plan. Chapter 9 - Water Supply Plan This chapter describes Lino Lakes’ plan to meet its existing and future water supply needs in a safe and dependable manner. First, it evaluates the existing Lino Lakes water system to identify any needs or deficiencies. Second, it identifies the future water system needed for the city’s growth through full build out based on the city’s population projections described in Chapter 1 and the 2040 and Full Build Land Use Plans described in Chapter 3 of this plan. This plan recommends that the city consider two water treatment plants, one in the southern region of the city (Water Treatment Plant No. 1) and one in the northern region of the city (Water Treatment Plant No. 2). The city is currently considering the future location of Water Treatment Plant No. 1 to be near the future water tower site along Birch Street. The recommended location for Water Treatment Plant No. 2 is within the potential future well field, located in the northern region of the city. Both water treatment facilities would be designed for the removal of iron and manganese. The city would update the feasibility study before designing a water treatment facility. Chapter 10 - Parks, Greenways and Trails The Parks, Greenways and Trails chapter is an update that builds on the strong history of parks and natural resource planning in Lino Lakes, including the 2004 Parks, Natural Open Space / Greenways and Trail System, which was updated in 2011 as part of the 2030 Comprehensive Plan update, and adopted by reference in Chapter 2, the Resource Management System Plan. This chapter of the 2040 Comprehensive Plan brings together and replaces those separate studies with a cohesive plan that reflects the community’s long held belief that ongoing development must be in harmony with preserving the innate character of the city. The common vision and goal that has been carried throughout the various comprehensive plans and park plan updates is a continued focus on preserving the natural open space character of the city. Chapter 11 - Community Facilities The purpose of this chapter is to provide goals and policies for community facilities, inventory the various community facilities within the City of Lino Lakes, and to identify future community facility needs to accommodate the need for new services. One update from the 2030 plan is a note that the public works building has outgrown their current space due to the continued growth of the city. The City Council will continue to evaluate options for improvements. 6 Chapter 12 - Implementation The Comprehensive Plan is the principal tool for guiding the development of Lino Lakes. The community’s vision for the future will be realized only if the plan is implemented. The purpose of this section is to provide guidance on using the plan. Using the plan requires balancing the community aspirations and adapting to conditions that will change over the life of the plan. It also provides a “to-do list” of work the city should do to ensure that the plan is implemented in the future. SUMMARY Staff recommends adoption of 2040 Comprehensive Plan with the minor changes required by the Metropolitan Council, including modifications to lower our population, housing and employment forecasts. The current Comprehensive Plan reflects these changes. Findings of Fact The following are Findings of Fact for adoption of the 2040 Comprehensive Plan: 1. Minnesota Statutes §473.864 requires each local governmental unit to review and, if necessary, amend its entire comprehensive plan and its fiscal devices and official controls at least once every ten years to ensure its comprehensive plan conforms to metropolitan system plans and ensure its fiscal devices and official controls do not conflict with the comprehensive plan or permit activities that conflict with metropolitan system plans; and 2. Minnesota Statutes §473.858 and §473.864 require local governmental units to complete their “decennial” reviews by December 31, 2018; and 3. The City of Lino Lakes authorized the review and update of its Comprehensive Plan; and 4. The 2040 Comprehensive Plan is a planning tool intended to guide the future growth and development of the City of Lino Lakes in a manner that conforms with metropolitan system plans and complies with the Metropolitan Land Planning Act and other applicable planning statutes; and 5. The City of Lino Lakes 2040 Comprehensive Plan reflects a community planning process involving elected officials, appointed officials, city staff, community organizations, the public at large, developers, and other stakeholders; and 6. The Planning Commission has considered the proposed 2040 Comprehensive Plan and all public comments, and thereafter submitted its recommendations to the City Council, and 7. The City conducted a public hearing on April 10, 2019 on the proposed 2040 Comprehensive Plan; and 7 8. Pursuant to Minnesota Statutes §473.858, the proposed 2040 Comprehensive Plan was submitted to adjacent governmental units and affected special districts and school districts for review and comment on May 22, 2019; and 9. The Lino Lakes City Council adopted Resolution 19-158 authorizing the proposed 2040 Comprehensive Plan to be submitted to the Metropolitan Council for review; and 10. At its regular meeting on October 28, 2020, the Metropolitan Council completed its review of the proposed 2040 Comprehensive Plan and found that the Plan meets the requirements of the Metropolitan Land Planning Act; conforms to the metropolitan system plans for transportation (including aviation), water resources, and parks; is consistent with Thrive MSP 2040; and is compatible with the plans of adjacent jurisdictions and affected special districts and school districts; and 11. The proposed 2040 Comprehensive Plan includes all revisions made during the review process and responds to additional advisory comments that are part of the Metropolitan Council’s actions authorizing the City of Lino Lakes to place its proposed 2040 Comprehensive Plan into effect. Next Steps Following adoption of the Comprehensive Plan, the city has nine months to amend the zoning ordinance and Zoning Map to bring them into compliance with the amended Comprehensive Plan. RECOMMENDATION Staff recommends adoption of Resolution 20-128 adopting the 2040 Comprehensive Plan. This action requires a 4/5 vote of the City Council. ATTACHMENTS 1. Resolution No. 20-128 1 CITY OF LINO LAKES RESOLUTION NO. 20-128 A RESOLUTION ADOPTING THE 2040 COMPREHENSIVE PLAN WHEREAS, Minnesota Statutes §473.864 requires each local governmental unit to review and, if necessary, amend its entire comprehensive plan and its fiscal devices and official controls at least once every ten years to ensure its comprehensive plan conforms to metropolitan system plans and ensure its fiscal devices and official controls do not conflict with the comprehensive plan or permit activities that conflict with metropolitan system plans; and WHEREAS, Minnesota Statutes §473.858 and §473.864 require local governmental units to complete their “decennial” reviews by December 31, 2018; and WHEREAS, the City of Lino Lakes authorized the review and update of its Comprehensive Plan; and WHEREAS, the 2040 Comprehensive Plan is a planning tool intended to guide the future growth and development of the City of Lino Lakes in a manner that conforms with metropolitan system plans and complies with the Metropolitan Land Planning Act and other applicable planning statutes; and WHEREAS, the City of Lino Lakes 2040 Comprehensive Plan reflects a community planning process involving elected officials, appointed officials, city staff, community organizations, the public at large, developers, and other stakeholders; and WHEREAS, pursuant to Minnesota Statutes §473.858, the proposed 2040 Comprehensive Plan was submitted to adjacent governmental units and affected special districts and school districts for review and comment on May 22, 2019, and the statutory six-month review and comment period has elapsed; and WHEREAS, the Planning Commission has considered the proposed 2040 Comprehensive Plan and all public comments, and thereafter submitted its recommendations to the City Council, and WHEREAS, the City conducted a public hearing on April 10, 2019 on the proposed 2040 Comprehensive Plan; and WHEREAS, the Lino Lakes City Council adopted Resolution 19-158 authorizing the proposed 2040 Comprehensive Plan to be submitted to the Metropolitan Council for review; and WHEREAS, at its regular meeting on October 28, 2020, the Metropolitan Council completed its review of the proposed 2040 Comprehensive Plan and found that the Plan meets the requirements of the Metropolitan Land Planning Act; conforms to the metropolitan system plans for transportation (including aviation), water resources, and 2 parks; is consistent with Thrive MSP 2040; and is compatible with the plans of adjacent jurisdictions and affected special districts and school districts; and WHEREAS, the proposed 2040 Comprehensive Plan includes all revisions made during the review process and responds to additional advisory comments that are part of the Metropolitan Council’s actions authorizing the City of Lino Lakes to place its proposed 2040 Comprehensive Plan into effect. NOW THERE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA, that the Lino Lakes 2040 Comprehensive Plan is adopted and is effective as of the date of this resolution. BE IT FURTHER RESOLVED that, pursuant to §473.864 and §473.865 of the Metropolitan Land Planning Act, the City of Lino Lakes will: (1) review its fiscal devices and official controls; (2) if necessary, amend its fiscal devices and official controls to ensure they do not conflict with the 2040 Comprehensive Plan or permit activity in conflict with metropolitan system plans; and (3) submit amendments to fiscal devices or official controls to the Metropolitan Council for “information purposes.” Adopted by the Council of the City of Lino Lakes this ___ day of _______, 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 1 CITY COUNCIL AGENDA ITEM 6B STAFF ORIGINATOR: Diane Hankee, City Engineer MEETING DATE: November 9, 2020 TOPIC: 2063 Palm Street Drainage and Utility Easement Vacation i) Consider 2nd Reading of Ordinance No. 05-20, Vacating Drainage and Utility Easement Lot 14, Block 2 of NorthPointe 2nd Addition *Council may vote to dispense with the full reading of the ordinance *Roll call vote is required for adoption of the ordinance ii) Consider Resolution No. 20-132, Approving Summary Publication of Ordinance No. 05-20 VOTE REQUIRED: 4/5 INTRODUCTION Staff is requesting City Council consideration of Ordinance No. 05-20, Vacating Drainage & Utility Easements, Lot 14, Block 2, Northpointe 2nd Addition. BACKGROUND 2063 Palm Street is a residential parcel located on the north side of Palm Street. The property owners, Brandon and Anna Newman, have submitted a land use application requesting the vacation, of a portion, of a drainage easement on the property. The drainage and utility easement was dedicated to the City of Lino Lakes in 2014 with the NorthPointe 2nd Addition plat. The easement overlaps an existing Northern States Power Co. (Xcel Energy) gas and electric easement located on the property. The current owners, Brandon and Anna Newman, would like to construct a deck on the rear of their home into the easement area. The applicant is requesting that a portion of the drainage easement be vacated to allow for the construction of a deck. Xcel Energy has provided their Consent to Improvements for the proposed deck. It is the property owner’s responsibility to work with Xcel Energy on an agreement regarding the Xcel easements. The Drainage and Utility easement was placed over the Xcel Energy easement and thus, vacating with the consent of Xcel Energy is not an encumbrance to the City. The proposed deck does not impact City utilities or drainage. The applicant is required to remove all accessory structures from adjacent City property and be in compliance with setback requirements. 2 The Drainage and Utility Easement Vacation Description Sketch prepared by Carlson McCain and received on September 24, 2020 details the proposed drainage and utility area to be vacated and the proposed location of the deck. RECOMMENDATION Staff is recommending approval of the 2nd Reading of Ordinance No. 05-20 Vacating Drainage & Utility Easements, Lot 14, Block 2, NorthPointe 2nd Addition, and approval of Resolution No. 20-132, Approving Summary Publication of Ordinance No. 05-20. ATTACHMENTS 1. Ordinance No. 05-20 2. Drainage and Utility Easement Vacation Description Sketch 3. Resolution 20-132 1 1st Reading: 10/26/2020 Publication: 2nd Reading: 11/9/2020 Effective: CITY OF LINO LAKES ORDINANCE NO. 05-20 ORDINANCE VACATING DRAINAGE AND UTILITY EASEMENT (Lot 14, Block 2, NorthPointe 2nd Addition) The City Council of Lino Lakes ordains: Section 1: Findings of Fact 1. The City Council of Lino Lakes has determined to vacate a portion of the drainage and utility easement dedicated over, under, and across Lot 14, Block 2, NORTHPOINTE 2ND ADDITION, as shown in Exhibit A and legally described as follows: Commencing at the Northeast corner of said Lot 14; thence South 00 degrees 18 minutes 29 seconds East, assumed bearing, along the East line of said Lot 14, a distance of 12.12 feet; thence South 52 degrees 57 minutes 05 seconds West, 62.39 feet to the point of beginning of the area to be described; thence continuing South 52 degrees 57 minutes 05 seconds West, 33.74 feet; thence North 20 degrees 50 minutes 19 seconds West, 15.14 feet; thence North 69 degrees 09 minutes 41 seconds East, 32.40 feet; thence South 20 degrees 50 minutes 19 seconds East, 5.72 feet to the point of beginning. Said easement contains ±338 sq. ft.; and 2. A public hearing was held on October 26, 2020 before the City Council in the City Hall Council Chambers after due published and posted notice had been given and reasonable attempts were made to give personal notice to all affected property owners, and all persons interested were given an opportunity to be heard; and 3. It appears to be in the best interest of the City to vacate such drainage and utility easements; and 4. The Drainage and Utility Easement Vacation shall be recorded through Anoka County Recorder’s Office; and 5. Four-fifths of all members of the City Council concur with this ordinance. Section 2: Easement Vacated The drainage and utility easement described herein is hereby vacated. 2 Section 3: 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 filing of the Drainage and Utility Easement Vacation for Lot 14, Block 2, NORTHPOINTE 2ND ADDITION. Adopted by the Lino Lakes City Council this 9th day of November, 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 f:\jobs\8941 - 8960\8947 - northpointe 2nd addition\cad c3d\survey\8947_desrciption.dwgSave Date:09/23/20Drainage and Utility Easement Vacation Description Sketch CITY OF LINO LAKES RESOLUTION NO. 20-132 APPROVING A SUMMARY OF ORDINANCE NO. 05-20 FOR PUBLICATION WHEREAS, the City Council approved Ordinance No. 05-20, vacating a drainage & utility easement on Lot 14, Block 2, Northpointe 2nd Addition; and WHEREAS, the City Council approved the first reading on October 26, 2020, and the second reading and final passage on November 9, 2020; and WHEREAS, Ordinance No. 05-20 is lengthy and MN statute 412.191 allows the city to publish a summary of an ordinance, and WHEREAS, the City Council has determined that the summary clearly informs the public of the intent and effect of the ordinance, and WHEREAS, the publication in the official newspaper will include a notice that a full printed copy of the ordinance is available at City Hall. NOW, THEREFORE, BE IT FURTHER RESOLVED by The City Council of The City of Lino Lakes, Minnesota that the City Council approves the summary in Attachment A for publication according to state law and the City Charter. Adopted by the Council of the City of Lino Lakes this 9th day of November, 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 ATTACHMENT A CITY OF LINO LAKES SUMMARY OF ORDINANCE NO. 05-20 AN ORDINANCE VACATING DRAINAGE AND UTILITY EASEMENT Section 1: Findings The City Council of Lino Lakes has determined to vacate a portion of the drainage and utility easement dedicated over, under, and across Lot 14, Block 2, Northpointe 2nd Addition; and A public hearing was held on October 26, 2020 before the City Council in the City Hall Council Chambers after due published and posted notice had been given and a reasonable attempts were made to give personal notice to all affected property owners, and all persons interested were given an opportunity to be heard; and Section 3: 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 recording of the Drainage and Utility Easement Vacation. Passed by the Lino Lakes City Council on November 9, 2020. This is a summary of the adopted ordinance. A full printed copy of the ordinance is available at City Hall. 1 CITY COUNCIL AGENDA ITEM 6C STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: November 9, 2020 TOPIC: 426 Pine Street i. Consider Resolution No. 20-129 Approving a Conditional Use Permit for Commercial Stables ii. Consider Resolution No. 20-130 Approving a Conditional Use Permit Termination Agreement VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council consideration of a Conditional Use Permit for Commercial Stables at 426 Pine Street. Complete Application Date: September 14, 2020 60-Day Review Deadline: November 13, 2020 120-Day Review Deadline: January 12, 2021 Environmental Board Meeting: N/A Park Board Meeting: N/A Planning & Zoning Board Meeting: October 14, 2020 City Council Work Session: November 2, 2020 City Council Meeting: November 9, 2020 BACKGROUND The applicant, Christopher Stowe, submitted a Land Use Application for a conditional use permit for Commercial Stables at 426 Pine Street to operate a horse riding club and increase the number of allowed animal units on site. ANALYSIS History The subject site has had the following uses: • 1986-Conditional Use Permit for Riding Stable/Show Arena • 1997: Conditional Use Permit for BMX Track/Arena 2 Both the 1986 and 1997 conditional use permits have expired because the uses have ceased for more than one (1) year (Section 1007.016(2)(k)). These CUP’s shall be terminated and the applicant must apply for a new conditional use permit. In July 2020, City staff received a call concerning the number of horses on the property. Staff sent Mr. Stowe a letter offering the opportunity to learn about the horses and operations. Per Mr. Stowe’s 10/5/2020 email correspondence, there is an average of 22 and a maximum 26 horses on site. Half of the horses are rescue horses and he has a group of 6 friends that are involved in the riding club. See Attachment #2 for email narrative. Due to the nature of the horse operations and the number of horses, a conditional use permit for Commercial Stables is required. Zoning and Land Use The subject site consists of 3 parcels. These parcels are zoned R-Rural and allow for Commercial Stables with a conditional use permit. Current Zoning R, Rural Current Land Use Rural Residential Future Land Use per CP Urban Reserve Utility Staging Area Post 2030 Surrounding Zoning and Land Use Direction Zoning Existing Land Use Future Land Use North R, Rural Rural Residential (City of Columbus) Urban Reserve East R, Rural Rural Residential Urban Reserve South R, Rural Rural Residential Urban Reserve West R, Rural Rural Residential Urban Reserve Site Plan Review Site Plan PID # Existing Land Use Acres 05-31-22-22-0006 Rural Residential (Single Family House) 4.30 05-31-22-22-0003 Commercial (Arena, Accessory Structure & Restrooms) 5.66 3 05-31-22-22-0005 Vacant Rural Residential (Wetlands) 15.09 TOTAL 25.05 The applicant owns all 3 parcels and lives in the single family home located on PID # 05-31- 22-22-0006. Smaller accessory structures related to the home also exist on this parcel. Driveways to PID #05-31-22-22-0003 exist from the house and Pine Street where the arena, large accessory structure, and restrooms are located. Using the City’s DatakLink GIS website, the arena is approximately 250ft x 120ft (30,000 sf) and the large accessory structure is approximately 110ft x 50 ft (5,500sf). The horse corrals and pasture area are located on PID #05-31-22-22-0005. Using the City’s DataLink GIS website, wetlands and floodplain are indicated on all 3 parcels. Without the benefit of a certificate of survey and using GIS, there are approximately 22 acres of wetland and floodplain on the 25 acre site. The applicant is currently working with RCWD and City staff regarding potential wetland impacts, restoration requirements and other wetland and floodplain disputes. Pine Street and 4th Avenue are major collector roads and have capacity to serve a commercial stable operation. Animal Units Allowed Section 1007.001(2) defines Animal Unit as follows: ANIMAL UNIT. A unit of measure used to compare differences in the production of animal manure that employs as a standard the amount of manure produced on a regular basis by a slaughter steer or heifer for an animal feedlot or a manure storage area, calculated by multiplying the number of animals of each type by the respective multiplication factor and summing the resulting values for the total number of animal units. For purposes of this chapter, the following multiplication factors shall apply. For animals not listed, the number of animal units is the average weight of the animal in pounds divided by 1,000 pounds. Animal Animal Unit Dairy Cattle Mature Cow (1,000 pounds or over) 1.4 Mature Cow (Under 1,000 pounds) 1.0 Heifer .7 Calf .2 Beef Cattle Slaughter Steer or Stock Cow 1.0 Feeder Cattle or Heifer .7 Cow and Calf Pair 1.2 Calf .2 Swine Over 300 pounds 0.4 4 Between 55 and 300 pounds 0.3 Under 55 pounds 0.05 Horse 1.0 Sheep or Lamb .1 Chicken (Liquid Manure System) .0333 Chicken (Dry Manure System) 5 pounds or over .005 Less than 5 pounds .003 Turkey 5 pounds or over .018 Less than 5 pounds .005 Duck .01 Parcel Acres Rounded Whole Acres # Animal Units Allowed (1 unit per 2 acres) 05-31-22-22-0006 4.30 4 2.0 05-31-22-22-0003 5.66 6 3.0 05-31-22-22-0005 15.09 15 7.5 TOTAL 25.05 25 12.5 For parcels zoned R, Rural, Section 1007.080(5)(f) states, “Keeping of farm animals of up to three hundred (300) animal units in conformance with Chapter 503. No more than one (1) animal unit per two (2) acres.” The applicant could have 12.5 animal units without a conditional use permit assuming all other regulatory agency requirements can be met. A conditional use permit for Commercial Stables is required because of the horse riding club being operated on site. With an approved conditional use permit, a maximum of 12.5 animal units are allowed on the three (3) parcels combined without a facility management and waste handling plan. With an approved conditional use permit, Section 1007.058(3)(d) allows up to double the animal unit density with an approved facility management and waste handling plan. This would allow for a maximum of 25.0 animal units on the three (3) parcels combined. The applicant states the following numbers of farm animals are currently on site: Animal # of Animals Animal Unit Total # Animal Units Cow (500 pounds) 4 0.5 2 Horse 20 1.0 20 Chickens 20 .003 0.06 TOTAL 22.06 5 Currently, only 12.5 animal units are allowed. If the CUP and a waste management plan are approved, a maximum of 25.0 animal units would be allowed. Grading Plan and Stormwater Management Although a grading plan and stormwater management plan is not specifically required for the conditional use permit application, all efforts shall be made to prevent manure waste and runoff from draining into ditches and wetlands. Public Utilities The house and arena are served by private well and septic system. The applicant shall provide documentation that the septic system and drain field have been inspected and determined to be in compliance with state requirements and sized for intended use. It should also be noted that any future improvements required for restrooms shall be ADA compliant. Landscaping and Tree Preservation Plan Landscaping and tree preservation is not required for the commercial stables operation. Wetlands Wetlands are located on all three (3) parcels. An approved wetland delineation is not required for the conditional use permit application; however, Rice Creek Watershed District (RCWD) may require one. The applicant has been working with RCWD and the City regarding the potential need for restoration of the wetlands on the site that were previously filled. The subject site shall be in compliance with all City and other regulatory agency requirements or the conditional use permit may be revoked. Floodplain The 2015 DFIRM indicates Zone A floodplain on all three (3) parcels. It appears the existing house, smaller accessory structures and arena are not within the floodplain. The larger accessory structure near the arena appears to be in the Zone A floodplain. The exact year of its construction is unknown; however, a CUP was approved in 1986 for the riding stable arena so it could be assumed the large accessory structure was constructed in that same time period and would have been subject to the 1982 FEMA floodplain requirements. The 1982 FEMA map shows the large accessory structure out of the floodplain. This structure would be considered legal non-conforming and subject to the Zoning and Floodplain Ordinance non-conformities regulations. Accessory Structures The applicant currently has three (3) outside horse shelters approximately 10ft x 20ft. Assuming each shelter can house 4 horses, the maximum numbers of shelters allowed should be limited to either 3 or 6 depending on the final CUP approval. The shelters are specific accessory structures associated with the operation of a commercial stable. 6 A zoning or building permit is required for any accessory structure construction. All structures shall meet setback requirements and shall not be located in the front yards of either parcel. Signage Per Chapter 1010: Signs, one sign with a maximum size of 6 square feet placed at least 10 feet from the property line is allowed without a permit. Staff Concerns See Attachment #6, Environmental Coordinator letter dated October 7, 2020 for a detailed analysis. Staff identifies the following concerns: • Wetlands and Floodplain There are approximately 22 acres of wetlands and floodplain on the 25 acre site. This limits the amount of upland area to operate a commercial stable, pasture farm animals and properly manage manure waste. MN State rules state that for manure application, a minimum setback of 300 feet from protected wetlands is required. A 50 foot non-manured vegetated buffer can be used in place of the 300 foot setback during non-winter months. A 50 ft wide vegetated buffer from the wetland shall be maintained. Manure shall not be stored or spread in the floodplain. Manure bins and/or manure storage shall be located outside the floodplain. • Animal Health Given the limited amount of upland area, staff has concerns regarding the amount of pasture the animals have. Per the University of Minnesota Extension-Horse website, manure should not be spread on pastures with more than 1 horse per 2 acres. • Facility Management and Waste Handling Plan The average 1,000 pound horse produces 56 pounds of manure per day. Due to the large volume of manure potentially produced by 25 horses and the limited storage capacity on site due to wetlands and floodplain, a more detailed manure management plan approved by the MPCA is required. Lot Combination The commercial stable operates on PID #05-31-22-22-0003 (arena and large accessory structure) and PID #05-31-22-22-0005 (corral and pasture). These parcels shall be combined. The single family house and associated accessory structures located on PID #05-31-22-22-0006 do not need to be combined and can function separately. 7 Site Improvement Performance Agreement A Site Improvement Performance Agreement is not required. Findings of Fact Council Resolution No. 20-129 details the Conditional Use Permit Findings of Fact. RECOMMENDATION The Planning & Zoning Board held a public hearing on October 14, 2020. There was one (1) public comment received as an email in favor of the conditional use permit. The Board felt the applicant should be allowed the maximum 25.0 animal units if an approved MPCA facility management and waste handling plan were in place. The Board recommended approval of the Conditional Use Permit for Commercial Stables with a 6-0 vote. ATTACHMENTS 1. Site Location & Aerial Map 2. Applicant Narrative Email Summary 3. Applicant Site Plans 4. Applicant Proposed Waste Management Plan 5. Wetland and Floodplain Map 6. Environmental Coordinator Letter dated October 7, 2020 7. Resolution No. 20-129 8. Resolution No. 20-130 9. Conditional Use Permit Termination Agreement 0 300 600150 Feet PID# 0 5-31-22-22-0005 15.09 acres Corral & Wetlands PID #0 5-31-22-22-0006 4.30 acres Single Family House PID# 0 5-31-22-22-0003 5.66 acres Arena, Restroom & Accessory Structure 431431 83408340 455455 503503 519519 83238323 430430 403403 83028302 426426 426426 406406 409409 402402 558558 471471 535535 551551 83438343 508508 490490 510510 407407 487487 83838383392392384384 WOODDUCK TRLWOODDUCK TRL4TH AVE4TH AVEANDALL STANDALL ST PINE ST NEPINE ST NE Site Location & Aerial Map426 Pine Street µ 1 426 Pine Street Conditional Use Permit for Commercial Stables Applicant Narrative Email Summary 10-5-2020: Per Chris Stowe: Average 22 horses. The maximum number would be 26. Half or so are rescues being too old to ride. (Over 20 years) or have health conditions that affect their abilities. The others are pleasure horses. Riden weekly or more. The indoor arena is a blessing because most horses arent ridden enough in the winter, which isnt good for them. Or their riders. I have 6 friends that are involved in my riding club. Sometimes they bring friends, mostly to help with chores. Everyone does their own chores and provides their own hay, grain, treats, ect. The building has over 30 original stalls and is being used as it's intended build. As is the haybarn. They are outside during the day. They sometimes come in at night, if theres storms, or in winter. Its mainly dependant on the weather, and the owner. A few of the paddocks have shelters that have been up a few years. They serve as a sunscreen and wind block. The auto traffic is minimal here and I have been doing this for over 2 years. I like it quiet, and I know my neighbors do to. Unfortunately, fixing up the place makes noise sometimes, but my closest neighbors ( Beck and Rick Glewwe) have thanked me for doing so. It definitely is starting to look better and they appreciate it. I have also met a few neighbors strictly because they have noticed my progress. I'm not open to the public but I was told by you the number of horses was a problem so that's why we are doing this process. The costs associated with horses is prohibitively expensive for most people but they can be a great tool for teaching children about responsibility, leadership, communication, as well as building relationships. My son has autism and that's the main reason I moved here. He does good around animals and most horse people seem to have good hearts. Owning horses is a year round operation. The temporary manure boxes are 8'×4'. Altho I dont have the one that was on the northside of the arena there anymore. I found it easier to haul the manure/woodchips with the bobcat to the one south of the haybarn. The permanent box.....doesnt exist, yet. Due to the fact that people want the stuff for gardens, mulch, new lawns, ect. I was planning on making a pile where its denoted on the map for winter. During the summer it's easy to get rid of. Winter time.....not so much. Ground is frozen, as are the gardens and what not. Hopefully that's what you were looking for. I will check my email tomorrow at 930 break to see if I missed something. Thanks and God bless Chris 2 10-6-2020: Per Chris Stowe: 20 horses. 4 cows. 20 chickens. The temporary is 4 feet tall. Holds approx 10 yards I'm guessing. I will construct the permanent storage storage box within the next couple weeks. Manure in winter is left to compost. I currently have 3 outside horse shelters. They are all a little different. Their sizes are approximately 10x20 Wetland & Floodplain Map-426 Pine St Lege nd Wetla nds FE MA Floodplain 0.2 PCT ANNUA L CHANCE FLOOD HAZA RD Zo ne A Zo ne AE Zo ne X October 7, 2020 Map P owered By DataLink 1 in = 200 ft ±  Page 1 Memo To: Katie Larsen From: Andy Nelson Date: October 7, 2020 Re: Environmental Comments on 426 Pine Street-Commercial Stable CUP Environmental staff has the following comments relating to 426 Pine Street Manure Management Plan: Background: The applicant keeps a number of farm animals on a 25 acre parcel. The current animal count provided by the owner, is 20 horses, 4 cows and 20 chickens. Assuming the cows are not fully grown and weigh an average of 500 pounds, the total existing animal unit count on the property is 22.06 animal units. The number of farm animals permitted on this site is one animal unit per 2 acres, which allows for 12.5 animal units on these three parcels. The landowner is applying for a Conditional Use Permit to operate a commercial stable, and an increase in the number of allowed animal units to 25, which would allow for up 25 horses if all other animals are removed. A manure management plan is required to obtain the increase in animal units with the CUP. Site The site is approximately 25 acres in size. Of this approximately 22 acres is covered by either wetland or floodplain. Storage The applicant’s manure management plan proposes to store manure in 1-2 temporary storage bins and a permanent compost bin. The total holding capacity of a single temporary (8’ x 4’ x4’) bin is 128 cubic.feet. No dimensions were provided for the permanent compost bin. Environmental  Page 2 The average 1,000 pound horse produces 56 pounds of manure per day (U of MN extension). 25 horses may produce 511,000 pounds of manure in a year. The volume of soiled stall bedding and manure for one horse can be estimated at 2.4 cubic feet/day (Penn State extension). 25 horses would produce approximately 21,900 cubic feet/year. The existing 8’X4’X4’ box on site is 128 ft3. It would fill up 178 times in a year. Three such boxes on site would fill up about 60 times each in a year. Once the temporary bin(s) are filled the applicant is proposing to store the excess manure in a permanent storage box, spread it on site, or make it available to the public for private use. Analysis: In MN State rule 7020.2005, it is stated that a new manure storage area must not be constructed within a floodplain. Also, an existing manure storage area located in a floodplain may not be expanded. MN State rules state that for manure application, a minimum setback of 300 feet from protected wetlands is required. A 50 foot non-manured vegetated buffer can be used in place of the 300 foot setback during non-winter months. MPCA prohibits manure spreading on floodplains. U of MN extension guidelines recommend against spreading on pasture with more than one horse per two acres. No well location was noted on site plan. Manure storage should be located a minimum of 100’ from a domestic well. Recommendation: There is very limited storage capacity on site, due to setback requirements from both the protected wetland and floodplain. Feasibility of spreading on site will also be quite limited for the same reasons. As noted by the applicant’s narrative, disposal is more difficult during winter months. This leads to the need to provide for up to 6 months of storage on site or other permanent removal solution. The majority of the manure produced on this site will have to be removed. A more detailed plan for hauling that volume off site should be required before any expansion of animals units is considered. 1 CITY OF LINO LAKES RESOLUTION NO. 20-129 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR COMMERCIAL STABLES AT 426 PINE STREET WHEREAS, the City received a land use application for a conditional use permit for commercial stables located at 426 Pine Street; and WHEREAS, the parcels are zoned R, Rural and allows for a commercial stables with a conditional use permit; and WHEREAS, the applicant owns three (3) parcels, PID #05-31-22-22-0006, #05-31-22- 22-0003 and #05-31-22-22-0005; and WHEREAS, the conditional use permit for commercial stables applies to PID #05-31- 22-22-0003 and #05-31-22-22-0005 and shall be referred to as the “subject site”; and WHEREAS, the legal description of the subject site parcels are as follows: PID# 05-31-22-22-0003: E 400 FT OF N 650 FT OF W3/4 OF NW1/4 OF NW1/4 OF SEC 5 TWP 31 RGE 22, EX RD, SUBJ TO EASE OF REC PID # 05-31-22-22-0005: THE W3/4 OF NW1/4 OF NW1/4 OF SEC 5 TWP 31 RGE 22, EX E 400 FT OF N 650 FT THEREOF, ALSO EX THAT PRT OF SD W3/4 DESC AS FOL: BEG AT A PT ON W LINE OF SD W3/4 800 FT S OF NW COR THEREOF, TH S ALG SD W LINE 208 FT, TH E 208 FT, TH N 208 FT, TH W 208 FT TO POB, ALSO EX N 375 FT OF SD W3/4, EX RD, SUBJ TO EASE OF REC; and WHEREAS, a public hearing was held before the Planning & Zoning Board on October 14, 2020, and the Board recommended approval of the conditional use permit with a 6-0 vote. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby makes the following: FINDINGS OF FACT 1. The proposed development application has been found to be consistent with the policies and recommendations of the Lino Lakes Comprehensive Plan including: 2 a. Land Use Plan. The subject site is guided Urban Reserve and zoned R, Rural. Commercial Stables are allowed with a conditional use permit and are consistent with rural land uses. b. Transportation Plan. Pine Street is a major collector road. The existing road has structural design and capacity to accommodate traffic proposed by the commercial stables operation. c. Utility (Sewer and Water) Plans. The subject site is served by a restroom on a private septic system. The City’s utility plans are not impacted. d. Local Water Management Plan. The City’s Local Surface Water Management Plan (LSWMP) is incorporated into Chapter 2: Resource Management System Plan of the City’s Comprehensive Plan. The goal of the LSWMP is to improve of the quality of surface waters by delivering good quality stormwater runoff to lakes and wetlands. The subject site shall be compliant with the required facility management and waste handling plan and other regulatory agencies requirements. Regulations of Chapter 1011: Stormwater, Erosion and Sediment Control shall be met to ensure runoff will not increase and surface water (wetlands) will not be impacted. The subject site shall be in compliance with all City and other regulatory agencies requirements. e. Capital Improvement Plan. There will be no changes to the City’s Capital Improvement Plan related to the commercial stables operation. f. Policy Plan. The commercial stables operation is consistent with the comprehensive plan (i.e. Policy Plan) in regards to land use, transportation, utilities, local water management and capital improvements. g. Natural Environment Plan. The City’s Natural Environment Plan is incorporated into Chapter 2: Resource Management System Plan of the City’s Comprehensive Plan. One goal of the Plan is to identify, protect and preserve the desirable natural areas and ecological and aquatic resources of the community. 3 The subject site is part of the City’s greenway corridor and shall be in compliance with all City and other regulatory agency requirements. 2. The proposed development application is compatible with present and future land uses of the area. The commercial stables are compatible with present and future land uses. The surrounding land uses are rural residential. 3. The proposed development application conforms to performance standards herein and other applicable City Codes. The commercial stables shall conform to the performance standards of the City Code. 4. Traffic generated by a proposed development application is within the capabilities of the City when: a. If the existing level of service (LOS) outside of the proposed subdivision is A or B, traffic generated by a proposed subdivision will not degrade the level of service more than one grade. b. If the existing LOS outside of the proposed subdivision is C, traffic generated by a proposed subdivision will not degrade the level of service below C. c. If the existing LOS outside of the proposed subdivision is D, traffic generated by a proposed subdivision will not degrade the level of service below D. d. The existing LOS must be D or better for all streets and intersections providing access to the subdivision. If the existing level of service is E or F, the subdivision developer must provide, as part of the proposed project, improvements needed to ensure a level of service D or better. e. Existing roads and intersections providing access to the subdivision must have the structural capacity to accommodate projected traffic from the proposed subdivision or the developer will pay to correct any structural deficiencies. f. The traffic generated from a proposed subdivision shall not require City street improvements that are inconsistent with the Lino Lakes Capital Improvement Plan. However, the City may, at its discretion, consider developer-financed improvements to correct any street deficiencies. g. The LOS requirements in paragraphs a. to d. above do not apply to the I- 35W/Lake Drive or I-35E/Main St. interchanges. At City discretion, interchange impacts must be evaluated in conjunction with Anoka County and the Minnesota Dept. of Transportation, and a plan must be prepared to determine improvements needed to resolve deficiencies. This plan must determine traffic generated by the subdivision project, how this traffic 4 contributes to the total traffic, and the time frame of the improvements. The plan also must examine financing options, including project contribution and cost sharing among other jurisdictions and other properties that contribute to traffic at the interchange. h. The City does not relinquish any rights of local determination. Pine Street is a major collector road. The existing road has structural design and capacity to accommodate traffic proposed by the commercial stables operation. 5. The proposed development shall be served with adequate and safe water supply. The subject site is served by a private well that can serve the commercial stables operation. 6. The proposed development shall be served with an adequate and safe sanitary sewer system. The subject site is currently served by a private septic system. The septic system shall be designed and sized to accommodate any future building modifications. 7. The proposed development shall not result in the premature expenditures of City funds on capital improvements necessary to accommodate the proposed development. There will be no premature expenditures of City funds. 8. The proposed development will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. The commercial stables do not involve uses and activities detrimental to persons or property. The subject site shall be in compliance with all City and other regulatory agencies requirements. Proper waste management practices shall be implemented at all times. 9. The proposed development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. The natural features (wetlands) will not be impacted. There are no other known natural, scenic or historic features on the existing site. BE IT FURTHER RESOLVED by The City Council of Lino Lakes in addition to the administrative requirements of a conditional use permit, the following specific performance standards of Section 1007.058(3) must also be met: The following standards shall apply to all commercial stables: 5 (a) Commercial stables offering services to the public, and having the facilities to maintain or care for ten (10) or more horses, must have their principal entrance located on a state highway, county road, or city collector street. Pine Street is a major collector road. The existing road has structural design and capacity to accommodate traffic proposed by the commercial stables operation. (b) Commercial stables that offer boarding, training, or other services to the public shall provide sanitary facilities for the public’s use. The sanitary facilities must be constructed in accordance with the state building code, and connected to an individual sewage treatment system or the municipal sanitary sewer system. The commercial stables have a restroom for the public’s use that is connected to a private septic system. (c) Adjacent parcels of land under common ownership may be used to determine the maximum number of animal units allowed, if the parcels are operated as a single enterprise. a. In instances where a parcel of land consists of a fraction of an acre, the property size shall be rounded to the nearest whole number to determine the number of animal units allowed. Parcel Acres Rounded Whole Acres # Animal Units Allowed (1 unit per 2 acres) 05-31-22-22-0006 4.30 4 2.0 05-31-22-22-0003 5.66 6 3.0 05-31-22-22-0005 15.09 15 7.5 TOTAL 25.05 25 12.5 There are three (3) parcels of land are under common ownership and operate as a single enterprise. Ordinance 1007.080(5)(f), allows for no more than 1 animal unit per 2 acres; therefore, no more than 12.5 animal units would be allowed on all three (3) parcels combined. If PID# 05-31-22-22-0006 were to be sold and/or not remain under common ownership, the maximum number of allowed animal units on the subject site would be reduced to 10.5. b. Adjacent parcels of land shall not be separated by public right-of-way. The three (3) parcels are not separated by public right-of-way. 6 (d) Up to double the animal unit density may be allowed subject to an approved facility management and waste handling plan. The maximum number of animal units allowed on the three (3) combined parcels is 12.5. With an approved facility management and waste handling plan, a maximum of 25.0 animal units are allowed. If PID# 05-31-22-22-0006 were to be sold and/or not remain under common ownership, the maximum number of allowed animal units on the subject site would be reduced to 21.0. (e) Buildings housing domestic livestock, including barns, stables, sheds, and similar facilities shall be located no nearer than 100 feet from any inhabited, neighboring dwelling. Barns, stables and sheds on the property are located more than 300 feet away from the inhabited neighboring dwelling. BE IT FURTHER RESOLVED by The City Council of the City of Lino Lakes hereby approves the conditional use permit for commercial stables on the subject site with the following conditions: 1. A maximum of 12.5 animal units are allowed on the subject site without an approved facility management and waste handling plan. a. If PID# 05-31-22-22-0006 were to be sold and/or not remain under common ownership, the maximum number of allowed animal units on the subject site would be reduced to 10.5. 2. A maximum of twenty-five (25.0) animal units are allowed on the subject site with an MPCA approved facility management and waste handling plan. a. If PID# 05-31-22-22-0006 were to be sold and/or not remain under common ownership, the maximum number of allowed animal units on the subject site would be reduced to 21.0. 3. The applicant shall work with the MPCA in creating an approved facility management and waste handling plan. a. If the facility management and waste handling plan requires off-site storage of manure waste, a written and signed agreement with an off-site property owner shall be submitted to the City annually. The agreement shall detail the number of times manure waste will be removed from the site and how much waste will be removed. b. An approved plan shall be submitted to the City within six (6) months of Council approval of the conditional use permit. 4. The Conditional Use Permit Council resolution shall be recorded against the subject site (PID# 05-31-22-22-0003 and PID # 05-31-22-22-0005) by the City. 5. The subject site shall be in compliance with all City and other regulatory agencies requirements. 7 a. Compliance shall be required within one (1) year of the conditional use permit (CUP) approval or the CUP may be revoked. b. Future violations of the conditional use permit or other city, state or regional ordinances may result in revocation of the conditional use permit. 6. No manure bins or manure storage shall be located in the wetlands or floodplain. 7. No manure waste shall be stored or spread within 50 ft of a wetland. a. A 50 ft wide vegetated wetland buffer shall be maintained. 8. The applicant shall provide documentation to the City that the septic system and drain field on the subject site have been inspected and determined to be in compliance with state requirements and sized for intended use. 9. Any future improvements required for restrooms shall be ADA compliant. 10. The number of portable animal shelters on the subject site shall be limited to six (6). 11. The commercial stables are subject to Chapter 503, Animal Control Regulations and shall be in compliance at all times. 12. PID #05-31-22-22-0003 and PID #05-31-22-22-0005 shall be combined with Anoka County. a. After the City has recorded the Termination Agreement and resolution, the applicant shall work with Anoka County to combine the two (2) parcels. b. Proof of combination shall be submitted to the City. c. The newly combined parcel for the commercial stables shall be addressed 450 Pine Street. 13. The commercial stable operations shall only occur on the newly combined parcel addressed 450 Pine Street. 14. The 1986-Conditional Use Permit for Riding Stable/Show Arena and 1997: Conditional Use Permit for BMX Track/Arena shall be terminated. a. The Conditional Use Permit Termination Agreement shall be executed by the City and applicant and recorded by the City. 15. A building permit or zoning permit is required for all future building construction. Adopted by the Council of the City of Lino Lakes this 9th day of November, 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 OF LINO LAKES RESOLUTION NO. 20-130 RESOLUTION APPROVING CONDITIONAL USE PERMIT TERMINATION AGREEMENT FOR 426 PINE STREET WHEREAS, the City Council approved a Conditional Use Permit for Commercial Stables with Resolution No. 20-129 on November 9, 2020; and WHEREAS, a condition of Resolution No. 20-129 requires the execution of a Conditional Use Permit Termination Agreement between the Owner and the City of Lino Lakes. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby approves the Conditional Use Permit Termination Agreement between Christopher L. Stowe and the City of Lino Lakes and authorizes the Mayor and City Clerk to execute such agreement on behalf of the City. Adopted by the Council of the City of Lino Lakes this 9th day of November, 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 1 CONDITIONAL USE PERMIT TERMINATION AGREEMENT This Agreement is made this ____ day of ____________, 2020 by and between ___________________ (“Owner”) and the City of Lino Lakes (“City”), a municipal corporation. WITNESSETH: WHEREAS, on September 23, 1986 the City approved a conditional use permit for a Riding Stable/Show Arena on the Property shown on Exhibit A; and WHEREAS, the legal description of the Property is as follows: PID# 05-31-22-22-0003: E 400 FT OF N 650 FT OF W3/4 OF NW1/4 OF NW1/4 OF SEC 5 TWP 31 RGE 22, EX RD, SUBJ TO EASE OF REC PID # 05-31-22-22-0005: THE W3/4 OF NW1/4 OF NW1/4 OF SEC 5 TWP 31 RGE 22, EX E 400 FT OF N 650 FT THEREOF, ALSO EX THAT PRT OF SD W3/4 DESC AS FOL: BEG AT A PT ON W LINE OF SD W3/4 800 FT S OF NW COR THEREOF, TH S ALG SD W LINE 208 FT, TH E 208 FT, TH N 208 FT, TH W 208 FT TO POB, ALSO EX N 375 FT OF SD W3/4, EX RD, SUBJ TO EASE OF REC PID #05-31-22-22-0006: N 375 FT OF W3/4 OF NW1/4 OF NW1/4 OF SEC 5 TWP 31 RGE 22, EX E 400 FT THEREOF, EX RDS, SUBJ TO EASE OF REC; and WHEREAS, on September 22, 1997 the City approved an amended conditional use permit to allow for the Rehbein Arena/BMX Bike Racing on the Property; and WHEREAS, the Owner has applied for a new conditional use permit to allow for Commercial Stables; and WHEREAS, by Resolution No. 20-129, the City Council has approved the new conditional use permit, the terms of which are outlined in the Resolution, and the Owner concurs with the conditions of said permit; and WHEREAS, both parties hereto desire that the terms and conditions of Resolution take precedence over the two prior conditional use permits. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 2 1. The 1986 and 1997 Conditional Use Permits are hereby terminated, and are null and void and of no future effect. 2. Use of the Property, prospectively, shall be governed by the conditional use permit granted by Resolution No. 20-129, attached hereto as Exhibit B. 3 OWNER CITY OF LINO LAKES By _________________________ By _________________________ Christopher L. Stowe 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 ) 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, Christopher L. Stowe, who executed the foregoing instrument. ______________________________ Notary Public 4 This Instrument was drafted by: City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 0 300 600150 Feet PID# 0 5-31-22-22-0005 15.09 acres Corral & Wetlands PID #0 5-31-22-22-0006 4.30 acres Single Family House PID# 0 5-31-22-22-0003 5.66 acres Arena, Restroom & Accessory Structure 431431 83408340 455455 503503 519519 83238323 430430 403403 83028302 426426 426426 406406 409409 402402 558558 471471 535535 551551 83438343 508508 490490 510510 407407 487487 83838383392392384384 WOODDUCK TRLWOODDUCK TRL4TH AVE4TH AVEANDALL STANDALL ST PINE ST NEPINE ST NE Site Location & Aerial Map426 Pine Street µ 1 CITY OF LINO LAKES RESOLUTION NO. 20-129 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR COMMERCIAL STABLES AT 426 PINE STREET WHEREAS, the City received a land use application for a conditional use permit for commercial stables located at 426 Pine Street; and WHEREAS, the parcels are zoned R, Rural and allows for a commercial stables with a conditional use permit; and WHEREAS, the applicant owns three (3) parcels, PID #05-31-22-22-0006, #05-31-22- 22-0003 and #05-31-22-22-0005; and WHEREAS, the conditional use permit for commercial stables applies to PID #05-31- 22-22-0003 and #05-31-22-22-0005 and shall be referred to as the “subject site”; and WHEREAS, the legal description of the subject site parcels are as follows: PID# 05-31-22-22-0003: E 400 FT OF N 650 FT OF W3/4 OF NW1/4 OF NW1/4 OF SEC 5 TWP 31 RGE 22, EX RD, SUBJ TO EASE OF REC PID # 05-31-22-22-0005: THE W3/4 OF NW1/4 OF NW1/4 OF SEC 5 TWP 31 RGE 22, EX E 400 FT OF N 650 FT THEREOF, ALSO EX THAT PRT OF SD W3/4 DESC AS FOL: BEG AT A PT ON W LINE OF SD W3/4 800 FT S OF NW COR THEREOF, TH S ALG SD W LINE 208 FT, TH E 208 FT, TH N 208 FT, TH W 208 FT TO POB, ALSO EX N 375 FT OF SD W3/4, EX RD, SUBJ TO EASE OF REC; and WHEREAS, a public hearing was held before the Planning & Zoning Board on October 14, 2020, and the Board recommended approval of the conditional use permit with a 6-0 vote. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby makes the following: FINDINGS OF FACT 1. The proposed development application has been found to be consistent with the policies and recommendations of the Lino Lakes Comprehensive Plan including: 2 a. Land Use Plan. The subject site is guided Urban Reserve and zoned R, Rural. Commercial Stables are allowed with a conditional use permit and are consistent with rural land uses. b. Transportation Plan. Pine Street is a major collector road. The existing road has structural design and capacity to accommodate traffic proposed by the commercial stables operation. c. Utility (Sewer and Water) Plans. The subject site is served by a restroom on a private septic system. The City’s utility plans are not impacted. d. Local Water Management Plan. The City’s Local Surface Water Management Plan (LSWMP) is incorporated into Chapter 2: Resource Management System Plan of the City’s Comprehensive Plan. The goal of the LSWMP is to improve of the quality of surface waters by delivering good quality stormwater runoff to lakes and wetlands. The subject site shall be compliant with the required facility management and waste handling plan and other regulatory agencies requirements. Regulations of Chapter 1011: Stormwater, Erosion and Sediment Control shall be met to ensure runoff will not increase and surface water (wetlands) will not be impacted. The subject site shall be in compliance with all City and other regulatory agencies requirements. e. Capital Improvement Plan. There will be no changes to the City’s Capital Improvement Plan related to the commercial stables operation. f. Policy Plan. The commercial stables operation is consistent with the comprehensive plan (i.e. Policy Plan) in regards to land use, transportation, utilities, local water management and capital improvements. g. Natural Environment Plan. The City’s Natural Environment Plan is incorporated into Chapter 2: Resource Management System Plan of the City’s Comprehensive Plan. One goal of the Plan is to identify, protect and preserve the desirable natural areas and ecological and aquatic resources of the community. 3 The subject site is part of the City’s greenway corridor and shall be in compliance with all City and other regulatory agency requirements. 2. The proposed development application is compatible with present and future land uses of the area. The commercial stables are compatible with present and future land uses. The surrounding land uses are rural residential. 3. The proposed development application conforms to performance standards herein and other applicable City Codes. The commercial stables shall conform to the performance standards of the City Code. 4. Traffic generated by a proposed development application is within the capabilities of the City when: a. If the existing level of service (LOS) outside of the proposed subdivision is A or B, traffic generated by a proposed subdivision will not degrade the level of service more than one grade. b. If the existing LOS outside of the proposed subdivision is C, traffic generated by a proposed subdivision will not degrade the level of service below C. c. If the existing LOS outside of the proposed subdivision is D, traffic generated by a proposed subdivision will not degrade the level of service below D. d. The existing LOS must be D or better for all streets and intersections providing access to the subdivision. If the existing level of service is E or F, the subdivision developer must provide, as part of the proposed project, improvements needed to ensure a level of service D or better. e. Existing roads and intersections providing access to the subdivision must have the structural capacity to accommodate projected traffic from the proposed subdivision or the developer will pay to correct any structural deficiencies. f. The traffic generated from a proposed subdivision shall not require City street improvements that are inconsistent with the Lino Lakes Capital Improvement Plan. However, the City may, at its discretion, consider developer-financed improvements to correct any street deficiencies. g. The LOS requirements in paragraphs a. to d. above do not apply to the I- 35W/Lake Drive or I-35E/Main St. interchanges. At City discretion, interchange impacts must be evaluated in conjunction with Anoka County and the Minnesota Dept. of Transportation, and a plan must be prepared to determine improvements needed to resolve deficiencies. This plan must determine traffic generated by the subdivision project, how this traffic 4 contributes to the total traffic, and the time frame of the improvements. The plan also must examine financing options, including project contribution and cost sharing among other jurisdictions and other properties that contribute to traffic at the interchange. h. The City does not relinquish any rights of local determination. Pine Street is a major collector road. The existing road has structural design and capacity to accommodate traffic proposed by the commercial stables operation. 5. The proposed development shall be served with adequate and safe water supply. The subject site is served by a private well that can serve the commercial stables operation. 6. The proposed development shall be served with an adequate and safe sanitary sewer system. The subject site is currently served by a private septic system. The septic system shall be designed and sized to accommodate any future building modifications. 7. The proposed development shall not result in the premature expenditures of City funds on capital improvements necessary to accommodate the proposed development. There will be no premature expenditures of City funds. 8. The proposed development will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. The commercial stables do not involve uses and activities detrimental to persons or property. The subject site shall be in compliance with all City and other regulatory agencies requirements. Proper waste management practices shall be implemented at all times. 9. The proposed development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. The natural features (wetlands) will not be impacted. There are no other known natural, scenic or historic features on the existing site. BE IT FURTHER RESOLVED by The City Council of Lino Lakes in addition to the administrative requirements of a conditional use permit, the following specific performance standards of Section 1007.058(3) must also be met: The following standards shall apply to all commercial stables: 5 (a) Commercial stables offering services to the public, and having the facilities to maintain or care for ten (10) or more horses, must have their principal entrance located on a state highway, county road, or city collector street. Pine Street is a major collector road. The existing road has structural design and capacity to accommodate traffic proposed by the commercial stables operation. (b) Commercial stables that offer boarding, training, or other services to the public shall provide sanitary facilities for the public’s use. The sanitary facilities must be constructed in accordance with the state building code, and connected to an individual sewage treatment system or the municipal sanitary sewer system. The commercial stables have a restroom for the public’s use that is connected to a private septic system. (c) Adjacent parcels of land under common ownership may be used to determine the maximum number of animal units allowed, if the parcels are operated as a single enterprise. a. In instances where a parcel of land consists of a fraction of an acre, the property size shall be rounded to the nearest whole number to determine the number of animal units allowed. Parcel Acres Rounded Whole Acres # Animal Units Allowed (1 unit per 2 acres) 05-31-22-22-0006 4.30 4 2.0 05-31-22-22-0003 5.66 6 3.0 05-31-22-22-0005 15.09 15 7.5 TOTAL 25.05 25 12.5 There are three (3) parcels of land are under common ownership and operate as a single enterprise. Ordinance 1007.080(5)(f), allows for no more than 1 animal unit per 2 acres; therefore, no more than 12.5 animal units would be allowed on all three (3) parcels combined. If PID# 05-31-22-22-0006 were to be sold and/or not remain under common ownership, the maximum number of allowed animal units on the subject site would be reduced to 10.5. b. Adjacent parcels of land shall not be separated by public right-of-way. The three (3) parcels are not separated by public right-of-way. 6 (d) Up to double the animal unit density may be allowed subject to an approved facility management and waste handling plan. The maximum number of animal units allowed on the three (3) combined parcels is 12.5. With an approved facility management and waste handling plan, a maximum of 25.0 animal units are allowed. If PID# 05-31-22-22-0006 were to be sold and/or not remain under common ownership, the maximum number of allowed animal units on the subject site would be reduced to 21.0. (e) Buildings housing domestic livestock, including barns, stables, sheds, and similar facilities shall be located no nearer than 100 feet from any inhabited, neighboring dwelling. Barns, stables and sheds on the property are located more than 300 feet away from the inhabited neighboring dwelling. BE IT FURTHER RESOLVED by The City Council of the City of Lino Lakes hereby approves the conditional use permit for commercial stables on the subject site with the following conditions: 1. A maximum of 12.5 animal units are allowed on the subject site without an approved facility management and waste handling plan. a. If PID# 05-31-22-22-0006 were to be sold and/or not remain under common ownership, the maximum number of allowed animal units on the subject site would be reduced to 10.5. 2. A maximum of twenty-five (25.0) animal units are allowed on the subject site with an MPCA approved facility management and waste handling plan. a. If PID# 05-31-22-22-0006 were to be sold and/or not remain under common ownership, the maximum number of allowed animal units on the subject site would be reduced to 21.0. 3. The applicant shall work with the MPCA in creating an approved facility management and waste handling plan. a. If the facility management and waste handling plan requires off-site storage of manure waste, a written and signed agreement with an off-site property owner shall be submitted to the City annually. The agreement shall detail the number of times manure waste will be removed from the site and how much waste will be removed. b. An approved plan shall be submitted to the City within six (6) months of Council approval of the conditional use permit. 4. The Conditional Use Permit Council resolution shall be recorded against the subject site (PID# 05-31-22-22-0003 and PID # 05-31-22-22-0005) by the City. 5. The subject site shall be in compliance with all City and other regulatory agencies requirements. 7 a. Compliance shall be required within one (1) year of the conditional use permit (CUP) approval or the CUP may be revoked. b. Future violations of the conditional use permit or other city, state or regional ordinances may result in revocation of the conditional use permit. 6. No manure bins or manure storage shall be located in the wetlands or floodplain. 7. No manure waste shall be stored or spread within 50 ft of a wetland. a. A 50 ft wide vegetated wetland buffer shall be maintained. 8. The applicant shall provide documentation to the City that the septic system and drain field on the subject site have been inspected and determined to be in compliance with state requirements and sized for intended use. 9. Any future improvements required for restrooms shall be ADA compliant. 10. The number of portable animal shelters on the subject site shall be limited to six (6). 11. The commercial stables are subject to Chapter 503, Animal Control Regulations and shall be in compliance at all times. 12. PID #05-31-22-22-0003 and PID #05-31-22-22-0005 shall be combined with Anoka County. a. After the City has recorded the Termination Agreement and resolution, the applicant shall work with Anoka County to combine the two (2) parcels. b. Proof of combination shall be submitted to the City. c. The newly combined parcel for the commercial stables shall be addressed 450 Pine Street. 13. The commercial stable operations shall only occur on the newly combined parcel addressed 450 Pine Street. 14. The 1986-Conditional Use Permit for Riding Stable/Show Arena and 1997: Conditional Use Permit for BMX Track/Arena shall be terminated. a. The Conditional Use Permit Termination Agreement shall be executed by the City and applicant and recorded by the City. 15. A building permit or zoning permit is required for all future building construction. Adopted by the Council of the City of Lino Lakes this 9th day of November, 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 1 CITY COUNCIL AGENDA ITEM 6D STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: November 9, 2020 TOPIC: Consider Resolution No. 20-131 Denying a Setback Variance for a Deck at 842 Lois Lane VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council consideration of Resolution No. 20-131 denying a setback variance for a deck at 842 Lois Lane. Complete Application Date: September 14, 2020 60-Day Review Deadline: November 13, 2020 Environmental Board Meeting: N/A Park Board Meeting: N/A Planning & Zoning Board Meeting: October 14, 2020 City Council Work Session: November 2, 2020 City Council Meeting: November 9, 2020 BACKGROUND The applicant, Brian A. Rydlund, submitted a Land Use Application for a setback variance for the purpose of constructing a deck at his property located at 842 Lois Lane. A 2.7 foot variance to reduce the side yard setback from 5 feet to 2.3 feet is requested. ANALYSIS The applicant is proposing to reconstruct the existing deck along the east side of the house (“side deck”) that will connect to a proposed new deck located in the rear yard (“rear deck”). Per the Certificate of Survey submitted with the application, the existing house is 10.0-10.6 ft from the east side lot line. The existing side deck is currently 7.7 ft wide and 2.3 ft from the east lot line. A portion of the new deck would also be 2.3 ft from the east lot line. Staff notes the Certificate of Survey should be dated by the surveyor. Zoning and Setback Requirements 2 The house was constructed in 1987. The property was zoned RX, Executive Rural at that time. Per the 1983 Zoning Ordinance, the side yard setback for accessory structures was 5 ft. City Zoning Ordinance dating back to 1971 also required a 5 ft side yard setback. The property is currently zoned R-X, Rural Executive. Decks are considered accessory structures and subject to accessory building setback requirements. Per Section 1007.080(2)(c) Setbacks, the required side yard setback for an accessory building (i.e. deck) is five (5) feet. The variance request would be for 2.7 feet. The applicant states the existing side deck was constructed by the original property owners between 1987 and 1991 approximately one (1) foot from the side lot line. The City has no record of a building permit for the deck. In the late 1990’s, the applicant remodeled the side deck to its current setback location of 2.3 ft from the east lot line. The City has no record of a building permit for the remodeled deck either. Unfortunately, neither the original deck nor remodeled deck was legally constructed because it did not meet the 5 ft side yard setback. The deck cannot be considered legal non-conforming and should not be repaired or replaced as is currently located. Option The applicant may construct a 5 ft wide deck “walkway” and stair case from the side of the house to access the rear deck. Staff appreciates the applicant’s desire to keep the existing deck at its current setback location; however, it was not legally constructed and should not be continued, replaced or restored. The rear yard has ample space to construct the proposed deck. Staff also appreciates that the neighbor is not opposed to the proposed setback; unfortunately, neighbor approval is not a criteria of approving a variance. Findings of Fact Resolution No. 20-131 details the findings of fact. RECOMMENDATION Staff recommended denial of the variance. The Planning & Zoning Board reviewed the variance application on October 14, 2020 and recommended denial with a 5-0 vote with 2 abstentions. ATTACHMENTS 1. Site Location & Aerial Map 2. Applicant Narrative 3. Certificate of Survey prepared by Kurth Surveying, Inc. received by the City on September 14, 2020 4. Color Rendering of Proposed New Deck 5. Resolution No. 20-131 Denying Setback Variance for a Deck 0 100 20050 Feet 866866 874874850850834834818818810810826826842842858858 LOIS LNLOIS LN Site Location & Aerial Map842 Lois Lane µ 1 CITY OF LINO LAKES RESOLUTION NO. 20-131 RESOLUTION DENYING A SETBACK VARIANCE FOR A DECK AT 842 LOIS LANE WHEREAS, the City received a land use application for a setback variance for a deck at 842 Lois Lane; and WHEREAS, the legal description of the property is as follows: Lot 6, Block 2, Lake View Woodlands, Anoka County, MN; and WHEREAS, the property is zoned R-X, Rural Executive and allows for single family dwellings and decks; and WHEREAS, decks are considered accessory structures and subject to accessory building setback requirements; and WHEREAS, per Section 1007.080(2)(c) Setbacks, the required side yard setback for an accessory building (i.e. deck) is five (5) feet; and WHEREAS, the property owner wishes to reconstruct an existing illegal non- conforming deck and is requesting a variance setback of 2.7 ft; and WHEREAS, the Planning & Zoning Board reviewed the variance application on October 14, 2020 and recommended denial with a 5-0 vote with 2 abstentions. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby makes the following: FINDINGS OF FACT No variance shall be granted unless it meets all the criteria in paragraphs 1. through 7. below. The City shall make findings regarding compliance with these criteria. 1. The variance shall be in harmony with the general purposes and intent of the ordinance. The general purpose and intent of the R-X, Rural Executive District is to provide areas for high value, rural residences. The general purpose and intent of the General Provisions section of the zoning ordinance is to assure compatibility of uses’ to prevent urban blight, deterioration and decay; and to enhance the health, safety and general welfare of the residents of the community. 2 The side yard variance request for a deck is not in harmony with the general purposes and intent of the ordinances. 2. The variance shall be consistent with the comprehensive plan. Per the Comprehensive Plan, the property is guided for Low Density Residential land use. The variance request is consistent with the comprehensive plan. The applicant’s property is intended for single family dwellings with houses and decks. 3. There shall be practical difficulties in complying with the ordinance. “Practical difficulties,” as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by the ordinance. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. There are no practical difficulties in complying with the ordinance. The applicant has ample space to construct a deck in the rear yard with access along the side yard that meets the 5 ft setback requirements. 4. The plight of the landowner shall be due to circumstances unique to the property not created by the landowner. The plight of the landowner is due to the previous and current property owner not obtaining building permits for the original deck construction and 1990 remodel. There are no circumstances unique to the property that prevents compliance with side yard setback requirement. 5. The variance shall not alter the essential character of the locality. The variance will not alter the essential character of the locality which is a single family residential neighborhood with houses and decks. 6. A variance shall not be granted for any use that is not allowed under the ordinance for property in the zoning district where the subject site is located. The variance will not be granted for any use that is not allowed under the ordinance for property in the zoning district. The property is zoned R-X, Rural Executive and houses and decks are consistent with rural residential uses. 7. In accordance with MN Stat. 462.357, Subp. 6, variances shall be granted for earth sheltered construction as defined in MN Stat. 216C.06, Subd. 14, when in harmony with the zoning ordinance. Not applicable. 3 BE IT FURTHER RESOLVED by The City Council of the City of Lino Lakes hereby denies a variance request of 2.7 foot to reduce the side yard setback from 5 feet to 2.3 feet. Adopted by the Council of the City of Lino Lakes this 9th day of November, 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 6F STAFF ORIGINATOR: Diane Hankee PE, City Engineer MEETING DATE: November 9, 2020 TOPIC: NE Drainage Area Improvement Project i. Consider Resolution No. 20-133, Accepting Bids, Awarding a Construction Contract ii. Consider Resolution No. 20-134, Approving Construction Services Contract with WSB VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting council’s consideration to accept bids, award construction contract, and approve a construction services contract for the NE Drainage Area Improvement Project. BACKGROUND On October 12, 2020, the City Council ordered the project and authorized the advertisement for bids for the NE Drainage Area Improvement Project. The proposed project includes a new storm water conveyance system from the east side of 20th Avenue to the Peltier Lake. The project provides a surface water outlet for the entire 1,300 acre NE Drainage Area in conformance with the Comprehensive Surface Water Management Plan. Bids were received for the above-referenced project on Tuesday, November 3, 2020. A total of 11 bids were received. Below is a table of bids received: CONTRACTOR TOTAL BASE BID Jacon, LLC $1,010,009.00 S.M. Hentges & Sons, Inc. $1,244,556.80 Peterson Companies $1,334,527.26 C.W. Houle, Inc. $1,350,218.00 New Look Contracting, Inc. $1,378,560.50 A-1 Excavating, Inc. $1,444,444.00 S R Weidema, Inc. $1,521,458.00 Minger Construction $1,566,468.00 Meyer Contracting, Inc. $1,635,422.00 Northwest $1,660,313.39 Geislinger & Sons $1,875,373.00 The engineers estimate for the project, including a 10% contingency, was $1,210,000.00. The low bid was submitted by Jacon, LLC of Vadnais Heights, MN, in the amount of $1,010,009.00. The project is funded though the Surface Water Management Fund (SWMF). The SWMF was established in 1992 to fund costs associated with administrative, planning, and trunk stormwater costs associated with the City’s Surface Water Management System. The completion date for this project is October 31, 2021. WSB has submitted a proposal to complete the construction services for the NE Drainage Area Improvement Project in the amount of $49,878.00. This work includes contract administration, construction staking, and construction observation. The construction staff ensures the project plans and specifications are being met. They communicate with the Contactor as an agent of the City, calculating and keeping track of daily construction quantities and costs, and address public comments. The construction observer will use the City’s Standard Specifications for Contraction for construction standards. They will track and measure quantities for payment on a daily basis and coordinate materials testing. RECOMMENDATION Staff recommends adoption of Resolution No. 20-133, Accepting the Bid and Awarding a Construction Contract in the amount of $1,010,009.00 to Jacon, LLC, and Resolution No. 20- 134, Approving the Construction Services Contract with WSB for the NE Drainage Area Improvement Project, in the amount of $49,878.00. ATTACHMENTS 1. Letter of Recommendation 2. Resolution 20-133 3. Resolution 20-134 4. Bid Tabulation Summary 5. WSB Proposal K:\013084-000\Admin\Construction Admin\Bidding\013084-000 LOR 110320.docx 178 E 9TH STREET | SUITE 200 | SAINT PAUL, MN | 55101 | 651.286.8450 | WSBENG.COM November 3, 2020 Honorable Mayor and City Council City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 Re: 2020 Northeast Drainage Area Improvements City of Lino Lakes, MN WSB Project No. 013084-000 Dear Mayor and Council Members: Bids were received for the above-referenced project on Tuesday, November 3, 2020, and were opened and read aloud. Eleven bids were received. The bids were checked for mathematical accuracy. Please find enclosed the bid summary indicating the low bid as submitted by Jacon, LLC, Vadnais Heights, Minnesota in the amount of $1,010,009.00. The Engineer’s Estimate was $1,131,190.00. We recommend that the City Council consider these bids and award a contract in the amount of $1,010,009.00 to Jacon, LLC, based on the results of the bids received. Sincerely, WSB Peter Willenbring Vice President Attachments kkp CITY OF LINO LAKES RESOLUTION NO. 20-133 ACCEPTING BASE BID AND AWARDING A CONSTRUCTION CONTRACT NE DRAINAGE AREA IMPROVEMENT PROJECT WHEREAS, pursuant to an advertisement for bids for the construction of the NE Drainage Area Improvement Project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement; and CONTRACTOR TOTAL BASE BID Jacon, LLC $1,010,009.00 S.M. Hentges & Sons, Inc. $1,244,556.80 Peterson Companies $1,334,527.26 C.W. Houle, Inc. $1,350,218.00 New Look Contracting, Inc. $1,378,560.50 A-1 Excavating, Inc. $1,444,444.00 S R Weidema, Inc. $1,521,458.00 Minger Construction $1,566,468.00 Meyer Contracting, Inc. $1,635,422.00 Northwest $1,660,313.39 Geislinger & Sons $1,875,373.00 WHEREAS, it appears that Jacon, LLC is the lowest responsible bidder; and WHEREAS, the City Council finds that it would be in the best interest of the city to proceed with Base Bid, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Jacon, LLC, in the amount of $1,010,009.00 by the name of the City of Lino Lakes for the Base Bid construction of the NE Drainage Area Improvement Project according to the plans and specifications approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidder the Bid Bonds made with their bids, except that the deposits of the successful bidder and the next two lowest bidders shall be retained until a contract has been signed. Adopted by the Council of the City of Lino Lakes this 9th day of November, 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 OF LINO LAKES RESOLUTION NO. 20-134 APPROVING THE CONSTRUCTION SERVICES CONTRACT NE DRAINAGE AREA IMPROVEMENT PROJECT WHEREAS, pursuant to the City Council awarding a construction contract to Jacon, LLC in the amount of $1,010,009.00, on November 9, 2020; and WHEREAS, WSB has submitted a proposal to complete the construction services for the NE Drainage Area Improvement Project in the amount of $49,878.00; and WHEREAS, the City Council finds that it would be in the best interests of the city to proceed with the construction oversight and administration, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, the Community Development Director is hereby authorized and directed to execute the Construction Services Agreement with WSB. Adopted by the Council of the City of Lino Lakes this 9th day of November, 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 PROJECT: OWNER: City of Lino Lakes WSB PROJECT NO.: 013084-000 Bids Opened: Tuesday, November 3, 2020, at 10:00 am Contractor Bid Security (5%)Grand Total Bid 1 Jacon, LLC X $1,010,009.00 2 S.M. Hentges & Sons, Inc. X $1,244,556.80 3 Peterson Companies X $1,334,527.26 4 C.W. Houle, Inc. X $1,350,218.00 5 New Look Contracting, Inc. X $1,378,560.50 6 A-1 Excavating, Inc. X $1,444,444.00 7 S R Weidema, Inc. X $1,521,458.00 8 Minger Construction X $1,566,468.00 9 Meyer Contracting, Inc. X $1,635,422.00 10 Northwest X $1,660,313.39 11 Geislinger & Sons X $1,875,373.00 Engineer's Opinion of Cost $1,131,190.00 Denotes corrected figure Peter Willenbring, PE BID TABULATION SUMMARY I hereby certify that this is a true and correct tabulation of the bids as received on November 3, 2020. 2020 Northeast Drainage Area Improvements K:\013084-000\Admin\Construction Admin\Bidding\013084-000 Bid Tab Summary 110320 S:\Community Development\Projects\Capital Improvement Projects\North East Drainage Outlet to Peltier Lake\Staff Reports\20201109 CC SR Award Project and Construction Services\6. 20201109 Construction Services Proposal.docx 178 E 9TH STREET | SUITE 200 | SAINT PAUL, MN | 55101 | 651.286.8450 | WSBENG.COM November 2, 2020 Mr. Michael Grochala Community Development Director City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 Re: Proposal for Construction Services for NE Drainage Improvement Project WSB Project No. R-015071-000 Dear Mr. Grochala: WSB is pleased to present to you this proposal for construction services associated with the NE Drainage Improvement Project. This construction services proposal would be subsequent to the City Council awarding the construction contract. The NE Drainage Improvement Project includes the installation of 3,400 feet of 60 inch diameter trunk storm sewer. The project is the first phase identified in the Comprehensive Surfacewater Management Plan for the 1,300 acre NE Drainage Area. The engineer’s estimate for the project is $1,210,000.00. Scope of Engineering Services WSB is pleased to provide professional construction engineering services for the NE Drainage Project including contract administration, construction observation, construction staking, and construction coordination with adjacent landowners. Below is a detailed description of the engineering services and WSB’s proposed approach. I. Construction Services a. Project Management/Contract Administration Contract Administration includes holding meetings with the contractor & City of Lino Lakes (preconstruction & weekly construction), material tracking and measurement, processing monthly quantities for pay vouchers, and resident communication. b. Construction Observation WSB will provide an experienced engineering specialist whose responsibilities will include communicating with the Contactor as an agent of the City, calculating and keeping track of daily construction quantities and costs, addressing public comments, and work with the Contractor to assist with a quality constructed product. The construction observer will use the City’s Standard Specifications for Contraction for construction standards. They will track and measure quantities for payment on a daily basis and coordinate material testing. c. Construction Staking (Survey) WSB will provide surveying staff as necessary to provide field staking for necessary for easement boundaries and pipe installation d. Record Plans WSB will survey the installed pipe and provide record plans for the projects. Mr. Michael Grochala November 2, 2020 Page 2 S:\Community Development\Projects\Capital Improvement Projects\North East Drainage Outlet to Peltier Lake\Staff Reports\20201109 CC SR Award Project and Construction Services\6. 20201109 Construction Services Proposal.docx Proposed Fee A copy of the project task hour budget is attached for your reference. Based on the proposed task hour budget, WSB will complete the scope of work the project discussed herein on hourly basis for a not-to-exceed amount of $49,878.00. Materials testing will be covered under a seperate scope of services. This letter represents our complete understanding of the NE Drainage Improvement Project and the proposed scope of services. If you are in agreement with the scope of services and proposed fee, please sign in the appropriate space below and return one copy to us. If you have any questions, please feel free to call me at 763-287-7176. Thank you. Sincerely, Edward C. Youngquist Associate Attachments ACCEPTANCE: The City of Lino Lakes hereby accepts the WSB proposal of $49,878.00 for all services outlined in this letter. City of Lino Lakes Name Title Date 2020 Construction Project Construction Two Person Project Controls Construction Engineer Inspector Survey Crew Administration Total WORK TASK 10/30/2020 Staff Staff Staff Hours Cost Task Description A PROJECT MANAGEMENT Project Management 8 8 16 $1,864.00 B CONTRACT ADMINISTRATION Pre-Construction Conference 2 2 1 1 6 $824.00 Weekly Meeting (Assume 6 meetings)6 6 $858.00 Documentation Review 6 2 8 $1,038.00 Monthly Pay Estimates (Assume 3)3 3 4 10 $1,167.00 Final Pay Voucher 3 1 1 5 $645.00 C CONSTRUCTION INSPECTION SERVICES Pre-Project Inspection / Removal Measurements 10 10 $1,260.00 Full Time Construction Inspection (6 Weeks)210 210 $26,460.00 Traffic Control Inspection / Haul Roads 10 10 $1,260.00 Punchlist/Final Inspection 20 20 $2,520.00 Design Engineer On Site 8 8 $1,144.00 E SURVEY Construction Staking & Coordination 32 32 $6,272.00 Survey Data Processing 4 4 $572.00 Record Plans 6 16 22 $3,994.00 Assume 5 days per week, 7 hours per day. Total Hours 46 256 49 2 14 367 $49,878.00 Labor Rate Hourly Costs 143.00 126.00 196.00 90.00 90.00 6,578.00 32,256.00 9,604.00 180.00 1,260.00 $49,878.00 TOTAL $49,878.00 ESTIMATE OF COST - North East Drainage Improvement Project City of Lino Lakes, Minnesota Total Labor Rate WSB