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Home My WebLink About05-22-2023 City Council PacketRESULT: CARRIED [UNANIMOUS] MOVER: Cavegn SECONDER: Ruhland AYES: Cavegn, Ruhland, Lyden, Stoesz, Rafferty CITY COUNCIL AGENDA Monday, May 22, 2023 *********** 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Rafferty, Councilmembers Cavegn, Lyden, Ruhland and Stoesz City Administrator: Sarah Cotton BOARD OF APPEAL AND EQUALIZATION, 5:30 P.M. Council Chambers (not televised) COUNCIL WORK SESSION, 6:00 P.M. Community Room (not televised) CITY COUNCIL MEETING, 6:30 P.M. ➢ Call to Order and Roll Call 6:32 PM. All present. ➢ Pledge of Allegiance ➢ Open Mike / Public Comment (in person or received in writing prior to meeting) ➢ Setting the Agenda: Addition or deletion of agenda items 1. CONSENT AGENDA A) Consider Approval of Expenditures for May 22, 2023 (Check No. 118582 through 118656) in the Amount of $446,555.15 B) Consider Approval of May 8, 2023 Local Board of Appeal and Equalization Minutes C) Consider Approval of May 8, 2023 Work Session Minutes D) Consider Approval of May 8, 2023 Council Meeting Minutes E) Resolution 23-47 Granting Local Approval of Premises Permit for FLAAA at Fiesta Mexican Grill & Bar F) Consider Approval of the Hiring of Part-Time Staff for The Rookery i) Motion to: Approve the Consent Agenda as presented Council Agenda -2- May 22, 2023 RESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Stoesz AYES: Lyden, Stoesz, Ruhland, Cavegn, Rafferty RESULT: CARRIED [UNANIMOUS] MOVER: Cavegn SECONDER: Ruhland AYES: Cavegn, Ruhland, Stoesz, Lyden, Rafferty RESULT: CARRIED [UNANIMOUS] MOVER: Ruhland SECONDER: Stoesz AYES: Ruhland, Stoesz, Cavegn, Lyden, Rafferty 2. FINANCE DEPARTMENT REPORT No report 3. ADMINISTRATION DEPARTMENT REPORT A) Consider Appointment of Parks Maintenance Worker, Meg Sawyer i) Motion to: Approve the Appointment of Bryce Shannon as a Parks Maintenance Worker 4. PUBLIC SAFETY DEPARTMENT REPORT No report 5. PUBLIC SERVICES DEPARTMENT REPORT A) Consider Resolution No. 23-46, Accepting Quotes and Awarding a Construction Contract, 2023 Trail Maintenance Project, Diane Hankee i) Motion to: Approve Resolution 23-46 B) Consider Resolution No. 23-17, Approving Contract with PlayPower LT Farmington, Inc. for Watermark Park Playground Equipment, Rick DeGardner i) Motion to: Approve Resolution 23-17 6. COMMUNITY DEVELOPMENT REPORT A) Consider Resolution No. 23-43, Approving Agreement for the Acquisition of Property – Water Treatment Plant, Michael Grochala Council Agenda -3- May 22, 2023 RESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Ruhland AYES: Lyden, Ruhland, Cavegn, Stoesz, Rafferty RESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Cavegn AYES: Ruhland, Cavegn, Stoesz, Lyden, Rafferty RESULT: CARRIED [UNANIMOUS] MOVER: Ruhland SECONDER: Cavegn AYES: Ruhland, Cavegn, Stoesz, Lyden, Rafferty RESULT: CARRIED [UNANIMOUS] MOVER: Ruhland SECONDER: Lyden AYES: Ruhland, Lyden, Stoesz, Cavegn, Rafferty i) Motion to: Approve Resolution 23-43 B) Consider 1st Reading of Ordinance No. 02-23, Amending City Code Chapter 405 Regarding Bulk Deicing Material Storage, Michael Grochala i) Motion to: Approve First Reading of Ordinance 02-23 C) Consider Resolution No. 23-45, Approving Amendment to the Designated Municipal State Aid Street System, Diane Hankee i) Motion to: Approve Resolution 23-45 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment i) Motion to: Adjourn Council Agenda -4- May 22, 2023 The meeting was adjourned at 6:59 PM. Economic Development Authority meeting to follow the regular city council meeting (see separate agenda). Community Calendar – A Look Ahead May 22, 2023 through June 12, 2023 Monday, May 29 CITY HALL CLOSED Memorial Day Holiday Wednesday, May 31 6:30 pm, Council Chambers Environmental Board Thursday, June 1 8:00 am, Community Room EDAC Monday, June 5 6:00 pm, Community Room City Council Work Session Wednesday, June 7 6:30 pm, Council Chambers Park Board Monday, June 12 6:00 pm, Community Room Council Work Session Monday, June 12 6:30 pm, Council Chambers City Council Meeting WS – Item #1 WORK SESSION STAFF REPORT Work Session Item No. 1 Date: May 22, 2023 To: City Council From: Katie Larsen Re: Text Amendment-Backyard Chickens Background At the May 10, 2023 Planning & Zoning Board meeting, the Board discussed amending the zoning ordinance to allow for backyard chickens in residential zoning districts (e.g. R-1, R-1X, R-2, etc.). With support from 6 of the 7 Board members, the Board requested staff to proceed with a text amendment. The current City zoning ordinance allows for farm animals such as chickens on rurally zoned properties (R, Rural or R-X, Rural Executive). There are over 8,000 acres of rurally zoned property in the City that allows for farm animals. Attached is the City’s zoning map. Also attached is a summary prepared by P&Z Board Member Isaac Wipperfurth of neighboring community ordinances regarding backyard chickens. Requested Council Direction Staff is asking for Council direction before spending time drafting a text amendment. Does the Council generally support allowing backyard chickens in residential zoning districts? If yes, staff will draft a text amendment for public hearing and presentation to the Planning & Zoning Board and City Council. Attachments 1. Zoning Map 2. Summary of Neighboring Community Ordinances Lacasse Court Cedar St W LacasseCir c l e KilldeerDriveD e lin aCirclePony Court GlenCircleAlbertCourtRedHawkTrailVelvetleaf Lane L a m o tte D rShadow Court A qua CirP intoLa neElmcrestAveNFox CoveBehmLane KellySt Oakvie w C ourtMustang Court ArabianCircleTeckla Court Black Duck CourtEvaSt T r a p p e r s C o u r tG ra yHeronDriveMuskrat RunJosephCourtHighlandCourtWoodDuckTrail CoyoteCourtM a lla rd L a n e S tagec o achTrlT a r tCourtCarpenter Place Town Cente r P arkwayGladstone Circle Peregrin eC irc le F lo ra C o u r tSiouxLane Palomi noLaneSouthGle n Trail CassiopeiaCourtLeaCourt CaribouCircleTerraCour t Appaloosa Court ParkCt Oak CourtTeleLane20thAveSSnow OwlCircle Ri c eCourt Timberwolf TrailBlackDuckCircle81stStW Pond v i e w C i r c l eApol l oC t Tra p p er s CrossingS James Street Post Road Sunflower Lane Partridge C ourt Lois Lane GordonAvenueNCenturyTrlShetland Ln PaintedTurtleRoadEgret La n eBloom Court L inda C o u r t DurangoPoint Northern LightsBlvd Chokecherry Road Rohavic LaneHeatherCourtNSchlavinCourt 4th Ave 2ndAvenueAntelopeDriveSheliaAveMourningDoveRoadOakH ollow Lane KingfisherCourtSherwood Lane Glenview Avenue Buckthorn Lane Parkview Drive DanubeStreetElm Street SunriseRoadFox Road Diane Street Cherok e eTr ail OspreyCourtDeer Pass Trail StellaLaneRic eLakeCourtB eaverC ircleRavens Court RoyalPinesPlaceTomahawkTrailBeaver Trail TotemTrailBarbara Lane 4thAveA rth u r Ct Mergans erCourtLantern Lane WhitetailTrailMorgan Ln Canfield Road OakwoodDriveT amarack Lane W o o d chuck Court Lois Lane Prairi e Flower Road Greenwood Lane RedBirchCourtWhiteBirch C o u r t Praire View Place LanternC ir c le HollyDriveNBlackDuckDriveSMeadowCourtOakwoodLanePine St Elm Street ElmcrestAveNRed Clover Lane IversonCo u r t Smoketree Lane Wildflower Drive Bradley Street Century Trl Fairmont Drive MainSt74th Street Ruffed Gro u s eRoadTele Drive 2ndAvenueBlueHeronDriveAspe n Lan e Palomino Lane Gladstone Drive TealCo u r t Glenview Drive Peltier L a k e D riv e HollowLaneJonAvenueConnie Lane Highland T r a il NordinStHudson T ra ilLaureneAvenueBirchCourtW a re R o a d Rondeau Lake Rd W Forsham LakeDrive BlackDuckDriveWildTurke y Trail64th StreetPartridgePlace Stella Circle Holly Drive E White O wlDriveCedar St E ShermanLakeRoadSiouxLo o k o u tCoyote Trai l77th Street W Marcia Lane 65th StreetBlackbirdLane LakotaTrlC h ip pewaT rail 7 9th Street W Lacasse Dr i veMyrtle Lane Riv e rBirchPlace Carl Street Molitor Dr R u s ticLaneCripple Cr e e k PassAndall Street MustangLa n e TrappersXingNWoodsEdgeBlvdFa wnLa neWareRoadFox ta i l CourtHokahDriveHighlandDriv e CountryLaneArlo Lane Wo o dchuck CircleGlenviewLaneL amotte Ci rGaageLaneKelly S tOak Lane ShadowLakeDriveWWhi t e O akRoadLone s o m ePineT r ail ElbeStreetNESunriseRoadR e i l in g RoadBluebillLane BaldwinLakeRdS a n dhi l l Dri ve Lilac St Timberwolf Trail Green Briar Drive SargentCourtNTartLake R o a d Maple St Ulmer Drive Hokah Driv eLinda Avenue Cl ear wat er Cr eekDrMarshanLane FoxtailDrivePheasantRunS62nd St H u n te r s R i dge Deer woodLaneOrange St KnollDrive81st St E Linda Lane A u g u st Cir cle Ojibway PaRed Maple L aneAenonPlaceF o x R o ad TalleLanePh e asa nt Hil l sDriveEvergreen Trail F o x Circle Arrowhead Drive BaldEagleBoulevardNa ncy Driv eCounty Rd J V illia g e D riv e 12thAveSAppaloosaLaneWhite Pine Road Karth Road Clearwater Creek D r D e erwood La neJeanneDrive81st St E 77th S t r e e tW Olive St PattiDriveMarilynDri v eLakeviewDriveJaneAveSunriseDriveLinden Lane Phelps RoadNottinghamLaneLakeviewDriveWhippoorwillLane HickoryP l a c e C rystalC ourtVicky Lane RondeauLakeRdWThomas Street Otter Lake Driv e Henry Lane S tallion Lane SnowOwlLane4thAveW o o d la n d D r iv e P elic a n Plac e E lle nC o urt BaldEagleBoulevardCount r y L a k e s D r iv e Woodridge L a n e TimothyCt2ndAvenu e WareRoadMeadowviewTrailCaroleDriveLindaC ircle Ronde a u L a k e R d E Market Pl a c e Drive Re d Fo x R dRobinson Dr She rm anLakeRoadSh a d o w L a k e Dri v eWStoneybrookDrivePine St Bla ck D uck Drive RollingHills D r iv eRondeauLakeRdELangerLaneLeonardAvenueRiceLakeLaneRiceLakeDriveDianeCourt Holly Court E Apollo Dr ServiceRoadMarvy Street JoyerLaneHawthorn Road Rehbein Street 77th Street E ShadowLakeDriveEOak Lane Old Birch Street 62nd St N ElmcrestAveNCountyRd534thAveVaughanCourtWo o d D u c k T r ail S h a d o w LakeDriveWHollyDriveN4thAveHolly Drive E Aqua Ln MeadowviewCourtMeadowlarkCourtGoldenrod Circle Wood rid g e C o u rtSunfishCourtQuarterHorseCourtBroken Oak CourtClydesdaleCircleWolfCircleGreySquirrelRoadSandpiperDrive CrippleCreekCourtSed g e Court R u ffe d G ro u s e C o u r tTomaha w k C o urt Timberwolf C i r c l e ShadowLakeCourtEWhitetailRidgeMineralPo i n t County Rd J DeerwoodCircleHighland Circle Killdeer Court H artford Circle LangerCircleClearwater Creek Circl Arro w h e a d C o urt IronwoodCircle 20thAveNAsh St W 80th St E SunsetAveMain St 20thAveSGoiffonRdSunsetAveMain St LakeDrNECentervilleRdLilac St Main St Lilac St Birch St North Rd 20thAveSAsh St Ash StHodgsonRdBirchStHodgsonRdApolloDrLakeDrNELakeDr CentervilleRd20thAveNA p ollo Dr LakeDrCounty Rd JSunsetAveBirchSt OtterLakeDriveO tterLakeD riveMain St Ash St Main St Birch StSnow Goose TrailMarshan Ct Sav. Ct RICE CREEK CHAIN OF LAKES RE GI ONAL PARK RESERVE Ci t y o f Ce n t e r v i l l e RONDEAU LAKE (2-15) FIRM BFE 888 FIS BFE 887.6 OTTER LAKE (2-3) OHWL 911.5 FIRM BFE 913 FIS BFE 912.7 BALD EAGLE LAKE (62-2) OHWL 911.0 FIRM BFE 913 FIS BFE 912.5 AMELIA LAKE (2-14) OHWL 908.1 FIRM BFE 910 FIS BFE 910.2 BALDWIN LAKE (2-13) OHWL 883.1 FIRM BFE 887 FIS BFE 887.0 RESHANAU LAKE (2-9) OHWL 883.5 FIRM BFE 887 FIS BFE 887.0 RICE LAKE (2-8) OHWL 883.1 FIRM BFE 887 FIS BFE 887.0 CENTERVILLE LAKE (2-6) OHWL 885.0 FIRM BFE 888 FIS BFE 887.9 MARSHAN LAKE (2-7) OHWL 883.3 FIRM BFE 887 FIS BFE 887.0 PELTIER LAKE (2-4) OHWL 884.7 FIRM BFE 888 FIS BFE 887.7 WARDS LAKE (2-10) OHWL 883.7 CEDAR LAKE (2-12) OHWL 892.9 WILKINSON LAKE (62-43) OHWL 895.2 SHERMAN LAKE (2-11) GEORGE WATCH LAKE (2-5) UNNAMED (2-1) Ord. 11-95 Ord. 22-97 Ord. 08-95 Ord. 17-03 Ord. 04-04 Ord. 09-88 Ord. 12-03 Ord. 93-10 Ord. 08-90 Ord. 94-14 Ord. 08-02 Ord. 01-14 Ord. 12-04 Ord. 07-16 Ord. 92-15 Ord. 04-16 Ord. 05-18 Ord. 08-99 Ord. 12-18 Ord. 20-03 Ord. 14-99 Ord. 09-99 Ord. 06-14 Ord. 06-91 Ord. 02-14 Ord. 04-05 Ord. 05-03Ord. 26-04 Ord. 03-00 Ord. 06-18 PSP PSP PSP PSP PSP GI LI LI GB GB GB R-6 R-4 R-3 R-3 R-3 R-2 R-1X R-1X R-1X R-1 R-1 R-1 R-1 R-X R-X R R R R R R R R PSP 456721 456749 456754 456723 456749 456714 456754 456723 456721 456721 456714456714 ")53 ")153 ")140 ")84 ")84 §¨¦35E §¨¦35W 6300 6400 6600 6500 7100 6700 8400 8300 6800 8200 8100 6900 7600 7700 7500 7300 7800 7400 7900 7000 7200 8000 6100 6700 7100 6300 6500 8400 6600 8300 8200 6200 6900 7800 6000 6800 6400 8100 7600 7700 7500 7300 7400 7900 7000 7200 8000 9001200130014001500160070011004001000600500800170018001900200030021002000220010023002400240022002100190017001600140012001000800600400300200100023002000180013001100900700500Zoning Map of Lino Lakes Lino Lakes Community Development 600 Town Center Parkway Lino Lakes, Minnesota 55014 Phone (651) 982-2400 City of Shoreview City of North Oaks White Bear Township City of Columbus City of BlaineCity of Hugo: Legend ZONING R Rural R-X Rural Executive R-1 Single Family Residential R-1X Single Family Executive R-2 Two Family Residential R-3 Medium Density Residential R-4 High Density Residential R-5 High Density Residential and Business R-6 Manufactured Home Park NB Neighborhood Business LB Limited Business GB General Business LI Light Industrial GI General Industrial BC Business Campus PSP Public Semi-Public PUD Planned Unit Development Maps are for illustrative purposes only. Recent changes may not be included. Land Use and Zoning Information should be verified with City Staff. 0 2,000 4,0001,000 DRAWING SCALE IN FEETCity of Circle PinesUpdated Through Ord. No. 08-22 Effective January 5, 2023 Coordinate System: Anoka County NAD83 Feet Lambert Conformal Conicoddevenodd even HOUSE NUMBERING SYSTEM Anoka County Parcel Data: April 2023 Release Current Backyard Chicken ordinances 5/5/2023 Prepared by PZ Board Member Isaac Wipperfurth and presented at May 10, 2023 PZ meeting Hugo - only allowed on agricultural, long-term agricultural, future urban service, and rural residential zoning districts Wyoming - allowed in agricultural, or on properties 1 acre or larger Blaine - Allowed in residential estate, R-1, R-1AA, R-1A, R-1B (those are all single family zones) • 6 hens allowed, no roosters. • Permit required • Must comply with 11 conditions covering registration with the city, # of chickens, coop size, location of coop etc. Shoreview - Allowed in residential estate and R-1. • 2 acres or less: 4 hens • More than 2 acres: conditional use to have more than 4 hens, may be permitted to have roosters • Permit required • Must comply with 7 conditions covering # of chickens, coop size, location of coop etc. White Bear Lake - 4 hens allowed, no roosters • Permit required • Must comply with 14 conditions covering # of chickens, coop size, location of coop etc. Circle Pines - 4 hens allowed, no roosters • Permit required • Must comply with 13 conditions • Must submit site plan along with application. Centerville - 4 hens allowed, no roosters • Permit required • Must have a minimum of 10,000 sf lot White Bear Township - 4 hens allowed, no roosters Minneapolis - Up to 30 hens depending on permit fee amount • Permit required • Must take an approved fowl education course. • Must get approval from neighbors. • Must get approval from zoning • Inspection from animal control officer St. Paul - Up to 15 hens depending on permit fee amount and requirements to meet • Permit required. • Must notify adjacent neighbors for up to 6 hens, get approval from 75% of neighbors for 7-15 hens. • Must submit site plan along with application. • Inspected by animal control officers yearly. Other metro cities that allow chickens to some extent • Afton • Anoka • Andover • Arden Hills • Bloomington • Burnsville • Columbia Heights • Cottage Grove • Eagan • Edina • Fridley • Golden Valley • Hopkins • Inver Grove Heights • Lake Elmo • Mahtomedi • Maplewood • Mendota Heights • Mounds View • New Brighton • New Hope • Richfield • Robbinsdale • Rosemount • Rosedale • Shakopee • South St. Paul • Stillwater • Vadnais Heights + Expenditures May 22, 2023 Check #118582 to #118656 $446,555.15 Electronic Funds Transfer MN Statute 471.38 Subd. 3 Council Meeting May 22, 2023 Transfer In/(Out) 5/2/2023 H.S.A. Employer Contribution (5,916.51) 5/12/2023 Payroll #10 (212,333.02) 5/12/2023 Payroll #10 Federal Deposit (65,218.17) 5/12/2023 Payroll #10 PERA (61,855.07) 5/12/2023 Payroll #10 State (14,009.83) 5/12/2023 Payroll #10 Child Support (923.22) 5/12/2023 Payroll #10 MN State Wage Levy (511.65) 5/12/2023 Payroll #10 H.S.A. Bank Pretax (2,491.58) 5/12/2023 Payroll #10 TASC Pretax (1,346.75) 5/12/2023 Payroll #10 Mission Sq 457 Def. Comp #301596 (5,698.00) 5/12/2023 Payroll #10 Missin Sq Roth IRA #706155 (700.00) 5/12/2023 Payroll #10 MSRS HCSP #98946-01 (5,620.00) 5/12/2023 Payroll #10 MSRS Def. Comp #98945-01 (3,126.00) 5/12/2023 Payroll #10 MSRS Roth IRA #98945-01 (705.00) 5/4/2023 TASC Funding Settlement (1,424.91) 5/15/2023 Building Permit Surcharge (2,615.97) 5/19/2023 Sales & Use Tax (6,198.00) LOCAL BOARD OF APPEAL AND EQUALIZTION 1 CITY OF LINO LAKES MINUTES BOARD OF APPEAL AND EQUALIZATION DATE: May 8, 2023 TIME STARTED: 5:32 PM TIME RECESSED: 6:08 PM MEMBERS PRESENT: Councilmembers Ruhland, Lyden, Stoesz and Mayor Rafferty MEMBERS LATE: Councilmember Cavegn, arrived at 5:49 PM Staff members present: City Clerk Jolleen Chaika Anoka County Assessor Staff present: Jason Dagostino, Residential Appraiser Supervisor, Shawn Halligan, Appraiser, and Jim Ryan, Senior Appraiser. Councilmember Ruhland called the meeting to order at 5:32 PM. Anoka County Appraiser Shawn Halligan presented an annual report to the Local Board of Appeals and Equalization, highlighting that this year, the county received lesser phone calls from residents than the previous year: 60 phone calls were fielded this year and those calls related primarily to increasing values versus downward market trends. Mr. Halligan also noted for the Board that home values are now slowing and those sales trends will be reflected in the next assessment. The Board opened the floor to accept resident comments. Ms. Jie Sun, 803 Country Lakes Drive/PID 28-31-22-32-0027, addressed the Board with concerns about the 23% increase on her property taxes this year. She is concerned that the valuation is not accurate. Mr. Dagostino informed the board that Ms. Sun’s concerns have just been learned of by the County tonight and that because she presented in person before the Board, she has reserved her appeal rights. He further noted that the next step in this process for Ms. Sun’s property will be to look at other similar properties on similar lakes, and if the value assessed presently cannot be supported, the county will come down. He stated that he and Mr. Halligan will go to Ms. Sun’s property to complete a review. Mayor Rafferty commented on that the lake where Ms. Sun’s property is located is not a great lake and that the focus should be on other homes within Country Lake Estates, not homes on other lakes. Councilmember Ruhland stated that a value increase of $300,000 over the past three years is too much. He also noted that he sits on the County Board of Appeals so if Ms. Sun is unable to resolve the assessment with County staff and brings her appeal forward to the County, he will be present to hear that appeal as well. Ms. Carol Featherstone, 631 Andall Street/PID 05-31-22-24-0010 also addressed the Board with LOCAL BOARD OF APPEAL AND EQUALIZTION 2 concerns about the valuation of her home and noted that there has been a $120,000 increase in her home’s taxable value since 2020. She said that when she contacted the county with concerns about the stark increase, she was told it was based on properties sold in the area. Ms. Featherstone then provided several examples of comparable sales in the area of her home and said that each sold for less than her valuation. Mr. Dagostino stated that county staff will also go to Ms. Featherstone’s property to review and will also check comparable sales. He also confirmed that Ms. Featherstone has retained her right to appeal to the County as well. No further comments were received from residents. Mr. Halligan provided details on two additional residential properties as both property owners have contacted the County about valuation and have retained the right to appeal to the County Board of Appeals: 19-31-22-21-0024; 7104 Mourning Dove Rd, Lisa Dobias Original value: $484,300; revised value $481 She has retained her right to appeal at the LBAE reconvene or at the County Board; however, Mr. Halligan reported she was satisfied with the outcome after the inspection and does not plan to further appeal. 25-31-22-41-0026, 2318 Iverson Ct, Stacy Zinken Original value: $592,400; revised value: $548,000 however, Mr. Halligan reported she was satisfied with the outcome after the inspection and does not plan to further appeal. Mr. Jim Ryan reviewed the following commercial properties: CHANGES WITHIN 10 DAYS OF BOARD MEETING 18-31-22-41-0010 – Original Value - $2,187,500; Revised Value - $1,746,000 ONGOING VALUE DISCUSSION TO KEEP OPEN UNTIL COUNTY BOARD 17-31-22-22-0042 17-31-22-21-0029 17-31-22-21-0031 17-31-22-21-0030 17-31-22-22-0045 17-31-22-22-0047 Councilmember Ruhland inquired of the significant valuation reduction for PID ending in 0010. Mr. Ryan explained that a review of the property found that a factor had been applied to the property which should not have been applied; removal of that factor reduced the valuation. Discussion was held on closing the meeting or recessing to allow a follow-up by County staff at LOCAL BOARD OF APPEAL AND EQUALIZTION 3 a reconvened meeting. Motion to: recess the meeting until May 22, 2023 at 5:30 PM at which time the Local Board of Appeals will reconvene to allow an update and review of properties 28-31-22-32-0027 and 05- 31-22-24-0010 The meeting was recessed at 6:08 PM and will reconvene on Monday, May 22, 2023 at 5:30 PM. These minutes were considered and approved at the regular Council Meeting on May 22, 2023. Jolleen Chaika, City Clerk Rob Rafferty, Mayor RESULT: CARRIED [UNANIMOUS] MOVER: Stoesz SECONDER: Cavegn AYES: Stoesz, Cavegn, Ruhland, Lyden, Rafferty COUNCIL MINUTES LINO LAKES CITY COUNCIL WORK SESSION MINUTES DATE : May 8, 2023 TIME STARTED : 6:13 PM TIME ENDED : 6:18 PM MEMBERS PRESENT : Councilmembers Stoesz, Lyden, Ruhland, Cavegn, Mayor Rafferty Staff members present: City Administrator Sarah Cotton; Community Development Director Michael Grochala; Director of Public Safety John Swenson; Human Resources Director Meg Sawyer; City Clerk Jolleen Chaika. 1. Review Regular Agenda Items 3A-3B: Human Resources Manager Meg Sawyer briefly reviewed her forthcoming hiring recommendations for paid on-call firefighter Michael Carlson and Community Service Officer. Council provided positive feedback for the prospective hires. Item 4A: Public Safety Director John Swenson reviewed his recommendation to approve a resolution to allow for the use of golf carts on Blanchard Boulevard, consistent with the discussion with Council at the May 1, 2023 Work Session. Councilmember Lyden inquired if additional lights or strobe lighting would be beneficial on the golf carts; Director Swanson said he did not believe that to be necessary as the understand is that the golf carts will be primarily operated during daytime hours. Councilmember Stoesz asked of the costs of signage, whether those expenses would be borne by Lynblomsten or by the city. Director Swenson advised that a discussion of sign costs has not occurred, though the expectation will be that any signage be consistent with existing signage in the city. He also said that he expects only approximately two (2) signs so the costs will not be significant. Item 6B: community Development Director Michael Grochala advised that before Council tonight is the agreement discussed at the May 1, 2023 Council Work Session regarding the Prosepctus for the Wetland Bank. He noted total cost in full is approximately $76,000; however the agreement to be presented tonight isolates some of the items to start with upfront. Therefore, the proposal for Council’s consideration contemplates Phase 1 of the Prospectus at approximately $33,000. The Council Work Session ended at 6:18 PM. COUNCIL MINUTES These minutes were considered and approved at the regular Council Meeting on May 22, 2023. Jolleen Chaika, City Clerk Rob Rafferty, Mayor COUNCIL MINUTES LINO LAKES CITY COUNCIL REGULAR MEETING MINUTES DATE: May 8, 2023 TIME STARTED: 6:36 PM TIME ENDED: 7:01 PM MEMBERS PRESENT: Councilmembers Stoesz, Lyden, Ruhland, Cavegn, Mayor Rafferty Staff members present: City Administrator Sarah Cotton; Community Development Director Michael Grochala; Director of Public Safety John Swenson; Human Resources Director Meg Sawyer; City Clerk Jolleen Chaika. PUBLIC COMMENT Public Comment was opened at 6:37 PM; no public comment was received. Public Comment was closed at 6:37 PM. SETTING THE AGENDA The agenda was approved as presented with no additions or changes. SPECIAL PRESENTATION Forest Lake Area Schools Superintendent Steve Massey Superintendent Steve Massey, Lino Lakes Elementary Principal Sara Stratton, FLA Middle School Prinicipal Jason Miller, and FLA High School Principal Jim Caldwell, presented an overview of Forest Lake Area schools and highlighted successful programs which are positively impacting students in the schools. 1. CONSENT AGENDA A) Consider Approval of Expenditures for May 8, 2023 (Check No. 118538 through 118581) in the Amount of $106,905.71 B) Consider Approval of April 24, 2023 Council Work Session Minutes C) Consider Approval of April 24, 2023 Council Meeting Minutes D) Consider Approval of May 1, 2023 Council Work Session Minutes E) Consider Approval of Resolution No. 23-39 for a Solicitor License for Legacy Restoration F) Consider Approval of Resolution No. 23-41 for a Special Event Permit for Blue Heron Elementary PTO G) Consider Approval of 1st Quarter 2023 Financial Report H) Consider Approval of Resolution No. 23-42 for a Special Event Permit for Rice Lake Elementary PTO COUNCIL MINUTES i) Motion to: Approve Consent Agenda as presented 2. FINANCE DEPARTMENT REPORT No report was presented. 3. ADMINISTRATION DEPARTMENT REPORT A) Consider Appointment of Paid On-Call Firefighter, Meg Sawyer Human Resources and Communications Manager Meg Sawyer reviewed her staff report regarding the hiring recommendation of Michael Carlson as a paid on-call firefighter. i) Motion to: Approve the Appointment of Michael Carlson as a Paid On- Call Firefighter B) Consider Appointment of Community Service Officer, Meg Sawyer Human Resources and Communications Manager Meg Sawyer reviewed her staff report regarding the hiring recommendation of Adam Crowl as a Community Service Officer. i) Motion to: Approve the Appointment of Adam Crowl as a Community Service Officer 3. PUBLIC SAFETY DEPARMENT REPORT A) Consider Resolution No. 23-40, Approving the Use of All-Terrain Vehicles on Blanchard Blvd Public Safety Director John Swenson presented on a proposed resolution to allow the use of golf carts, which are classified asATV’s, in the Lyngblomsten development on Blanchrad Boulevard. Presently ordinance prohibits the use of ATV’s on public roads RESULT: CARRIED [UNANIMOUS] MOVER: Ruhland SECONDER: Lyden AYES: Ruhland, Lyden, Stoesz, Cavegn, Rafferty RESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Stoesz AYES: Lyden, Stoesz, Ruhland, Cavegn, Rafferty RESULT: CARRIED [UNANIMOUS] MOVER: Ruhland SECONDER: Stoesz AYES: Ruhland, Stoesz, Lyden, Cavegn, Rafferty COUNCIL MINUTES however Council may find an exception and allow such use by resolution. Director Swenson noted the specific uses for golf carts as outlined in the proposed resolution and that the other roads to be used are private and not subject to the ordinance. He advised he does not anticaipte any issues should Council elect to approve the resolution as recommended. i) Motion to: Approve Resolution 23-40 5. PUBLIC SERVICES DEPARTMENT No report was presented. 6. COMMUNITY DEVELOPMENT REPORT A) Consider Resolution No. 23-43, Approving Agreement for the Acquisition of Property – Water Treatment Plant This item was previously stricken from the agenda and will be presented at a future Council Meeting. B) Consider Resolution No. 23-44, Approving Professional Services Agreement with WSB for Wetland Bank Prospectus Community Development Director Michael Grochala presented a resolution for Counci consideration related to the work session item discussed in detail at the May 1, 2023 Council Work Session: approval of an agreement with WSB to engage in a wetland bank prospectus. Councilmember Stoesz asked if there is more information known about agreement tasks 1 – 6. Director Grochala confirmed that those tasks are outlined in detail and known. i) Motion to: Approve Resolution 23-44 7. UNFINISHED BUSINESS RESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Stoesz AYES: Lyden, Stoesz, Ruhland, Cavegn, Rafferty RESULT: CARRIED [UNANIMOUS] MOVER: Cavegn SECONDER: Ruhland AYES: Cavegn, Ruhland, Stoesz, Lyden, Rafferty COUNCIL MINUTES There was no Unfinished Business. 8. NEW BUSINESS There was no New Business. 9. COMMUNITY EVENTS There were no events announced. ADJOURN 1) Motion to: Adjourn Meeting Adjourned at 7:01 PM. These minutes were considered and approved at the regular Council Meeting on May 22, 2023. Jolleen Chaika, City Clerk Rob Rafferty, Mayor RESULT: CARRIED [UNANIMOUS] MOVER: Ruhland SECONDER: Cavegn AYES: Ruhland, Cavegn, Stoesz, Lyden, Rafferty CITY COUNCIL AGENDA ITEM 1E STAFF ORIGINATOR: Jolleen Chaika, City Clerk MEETING DATE: May 22, 2023 TOPIC: Consider Approval of Resolution 23-47: Application for a Premises Permit for Lawful Gambling Conducted by Forest Lake Area Athletic Association (FLAAA) at Fiesta Mexican Grill & Bar VOTE REQUIRED: 3/5 Vote INTRODUCTION Forest Lake Area Athletic Association, an organization which supports the positive development of youth in Lino Lakes and other surrounding communities, has applied for Premises Permit to conduct lawful gambling at Fiesta Mexican Grill & Bar. BACKGROUND Pursuant to Minn. Stat 349.16, non-profit/charitable organizations are eligible to apply to conduct lawful gambling in Minnesota, subject to local approval. City Code Chapter 611 provides further eligibility requirements for organizations to be authorized to engage in charitable gambling activities within city limits. Review of the application determined that FLAAA meets Lino Lakes eligibly requirements. A complete application was received. The Lino Lakes Public Safety Department has condu cted a background investigation relative to this application and found no information on the applicant that would give a specific reason to deny the application. The application and background materials are on file in City Clerk’s office. RECOMMENDATION Approve Resolution 23-47 the submitted Premises Permit application for lawful gambling by FLAAA at Fiesta Mexican Grill, located at 7090 21st Avenue North. ATTACHMENT Resolution 23-47 CITY OF LINO LAKES RESOLUTION NO. 23-47 LOCAL APPROVAL OF A LAWFUL GAMBLING PREMISES PERMIT FOR FOREST LAKE AREA ATHLETIC ASSOCIATION WHEREAS, the Lino Lakes City Council has received an application for a Premises Permit to conduct lawful gambling from the Forest Lake Area Athletic Association at Fiesta Mexican Grill & Bar at 7090 21st Avenue North, Lino Lakes, Minnesota. WHEREAS, the Minnesota Gambling Control Board requires local approval by resolution of all premises permits; and, WHEREAS, the City of Lino Lakes has conducted the required background investigation relative to the Gambling Manager; and, WHEREAS, Forest Lake Area Athletic Associate is eligible for local approval of a gambling Premises Permit pursuant to Chapter 611 of the Lino Lakes City Code relating to Lawful Gambling. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes hereby approves the request of the Forest Lake Area Athletic Association for a Premise Permit for charitable gambling at Fiesta Mexican Grill & Bar located at 7090 21st Avenue North, Lino Lakes, Minnesota. Adopted by the Council of the City of Lino Lakes this 22nd day of May, 2023. ________________________ Rob Rafferty, Mayor ATTEST ________________________ Jolleen Chaika, City Clerk CITY COUNCIL AGENDA ITEM 1F STAFF ORIGINATOR: Meg Sawyer, Human Resources and Communications Manager MEETING DATE: May 22, 2023 TOPIC: Approve the Hiring of Part-Time Staff for The Rookery Activity Center VOTE REQUIRED: 3/5 INTRODUCTION The Council is being asked to approve the hiring of part-time staff for The Rookery. BACKGROUND Staff is seeking approval to hire part-time personnel to work at The Rookery. The recruiting process has identified candidates that will be a great addition to our staff at The Rookery. RECOMMENDATION Staff recommends the Council approve the hiring of the part-time personnel listed below: First Name Last Name Title Nelsen-Manfred Poscher Lifeguard Ariana Klarkowski Child Watch Attendant Mason Lubow Lifeguard Kaitlyn Kilgore Guest Services Representative Abby Elliott Guest Services Representative Laniah Mcgee Child Watch Attendant Annika Schlomann Child Watch Attendant Lauren Eddy Aquatics Lead Alisha Dranselka Guest Services Representative Start dates vary based on position and training schedule. Please approve the above personnel for the part-time positions at The Rookery Activity Center. CITY COUNCIL AGENDA ITEM 3A STAFF ORIGINATOR: Meg Sawyer, Human Resources and Communications Manager MEETING DATE: May 22, 2023 TOPIC: Consider Appointment of Parks Maintenance Worker VOTE REQUIRED: 3/5 INTRODUCTION The Council is being asked to approve the appointment of Bryce Shanor to the Parks Maintenance Worker position within the Public Works department. BACKGROUND At this time staff has completed the recruitment process, provided a conditional offer, and is recommending the approval of Bryce Shanor for the position. Shanor currently works as a Park Keeper for Anoka County Parks and Recreation. The hourly rate of pay would be $28.81, which is starting step of the current 6 step wage schedule. With the Council’s approval, Shanor would start in the position of Parks Maintenance Worker on June 6, 2023. RECOMMENDATION Please approve the appointment of Bryce Shanor for the Parks Maintenance Worker. CITY COUNCIL AGENDA ITEM 5A STAFF ORIGINATOR: Diane Hankee, City Engineer MEETING DATE: May 22, 2023 TOPIC: Resolution No. 23-46, Accepting Quotes and Awarding a Construction Contract, 2023 Trail Maintenance Project VOTE REQUIRED: 3/5 Vote Required INTRODUCTION Staff is requesting authorization to accept quotes and award the construction contract for the 2023 Trail Maintenance Project. BACKGROUND The 2023 Trail Maintenance Project includes milling and repaving the trail segment between Langer Lane and Clearwater Creek Dr. This segment is to supplement the trail replacement being completed as part the pond cleaning project. A location map is enclosed. Funding for the project is from the General Fund Parks budget. Quotes for the project were received on May 10, 2023. CONTRACTOR TOTAL QUOTE Arnt Construction Co. $22,362.00 Bituminous Roadways Inc. $21,100.00 Allied Companies, Inc. Did not Quote The low quote was submitted by Bituminous Roadways, Inc. of Mendota Heights, Minnesota, in the amount of $21,100.00. Bituminous Roadways, Inc. has adequately completed projects in the City of Lino Lakes in the past. The final completion date for this project is August 18, 2023. RECOMMENDATION Staff recommends adoption of Resolution No. 23-46 accepting quotes and awarding a construction contract for the 2023 Trail Maintenance Project, in the amount of $21,100.00 to Bituminous Roadways, Inc. ATTACHMENTS 1. Resolution No. 23-46 2. Location Map CITY OF LINO LAKES RESOLUTION NO. 23-46 RESOLUTION ACCEPTING QUOTES, AND AWARDING A CONSTRUCTION CONTRACT, 2023 TRAIL MAINTENANCE PROJECT WHEREAS, pursuant to a request for quotes for the construction of the 2023 Trail Maintenance Project, quotes were received, and tabulated: CONTRACTOR TOTAL QUOTE Arnt Construction Co. $22,362.00 Bituminous Roadways Inc. $21,100.00 Allied Companies, Inc. Did not Quote WHEREAS, it appears that Bituminous Roadways, Inc. of Mendota Heights, Minnesota, is the lowest responsible bidder; and WHEREAS, the funding for the project is from the General Fund Parks budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes that the Mayor and Clerk are hereby authorized and directed to enter into a contract with Bituminous Roadways, Inc. for the construction of the 2023 Trail Maintenance Project in the amount of $21,100.00; Adopted by the Council of the City of Lino Lakes this 22nd day of May, 2023. _______________________________ Rob Rafferty, Mayor ATTEST: ________________________ Jolleen Chaika, City Clerk LangerLnLangerLnClearwat e r CreekDr Cle a r w a t e r Cr eekDr D e lin a C ir55.92 f t . 4 8 . 3 7 f t . 53 . 6 5 f t . 30.9 7 f t . 155.63 ft. 106.09 f t . 172. 5 4 f t . Total: 623.18 ft. 6' wide trail along 6495 Clwter Cr May 1, 2023 Map Powered By Datafi ± 1 in = 82 FtAddress Labels Parcels Wetlands Pavement Condition Index (PCI) Adequate (70.01 - 100.00) Marginal (40.01 - 70.00) CITY COUNCIL AGENDA ITEM 5B STAFF ORIGINATOR: Rick DeGardner, Public Services Director MEETING DATE: May 22, 2023 TOPIC: Consider Resolution No. 23-17, Approving Contract with PlayPower LT Farmington, Inc. for Watermark Park Playground Equipment VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting council consideration to approve a contract with PlayPower LT Farmington, Inc. for the Watermark Park Playground Project. BACKGROUND The project consists of design services, delivery and installation of the equipment, and approximately 835 square feet of rubberized surface. Staff is recommending entering into a contract with PlayPower LT Farmington, Inc. via Sourcewell (formerly NJPA) for the Watermark Park Playground project in the amount of $228,046.00. Sourcewell is a public corporation serving as a municipal contracting agency for government and education agencies. Sourcewell serves member agencies under the legislative authority established and granted by Minnesota Statute 123A.21. This agreement fulfills the competitive solicitation and contract process required of governmental agencies. Anticipated installation is Spring, 2024. Recommended funding is from the Dedicated Parks Fund. RECOMMENDATION Staff is recommending approval of Resolution No. 23-17. ATTACHMENTS Resolution No. 23-17 Watermark Park Playground Quote (Revised 5-4-23) Watermark Park Master Plan Playground Layout Plan (2) CITY OF LINO LAKES RESOLUTION NO. 23-17 APPROVING CONTRACT WITH PLAYPOWER LT FARMINGTON, INC. FOR WATERMARK PARK PLAYGROUND EQUIPMENT PROJECT WHEREAS, the project consists of design services, delivery and installation of the equipment, and approximately 835 square feet of rubberized surface; and WHEREAS, staff is recommending entering into a contract with PlayPower LT Farmington, Inc. via Sourcewell (formerly NJPA) for the Watermark Park Playground project in the amount of $228,046.00; and WHEREAS, this agreement fulfills the competitive solicitation and contract process required of governmental agencies; and WHEREAS, recommended funding is from the Dedicated Parks Fund. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Lino Lakes, hereby authorizes staff to enter into a contract with PlayPower LT Farmington, Inc. for the Watermark Park Playground Equipment Project in the amount of $228,046.00. Adopted by the City Council of the City of Lino Lakes this 22nd day of May, 2023. _______________________________ Rob Rafferty, Mayor ATTEST: ________________________ Jolleen Chaika, City Clerk 5/4/2023 Page 1 of 3 PlayPower LT Farmington, Inc. 878 E. US Hwy 60 Monett, MO 65708 1-800-325-8828 Northland Recreation LLC 10085 Bridgewater Bay Woodbury, MN 55129 (651) 815-4097 (phone) (414) 395-8538 (fax) Bill Johnson – 651-269-0720 Cell Watermark Park Playground – Lino Lakes – Revised 5-4-23 Sourcewell Pricing Bill To: Project Name & Location: Ship To Address: City of Lino Lakes Watermark Park Watermark Park 600 Town Center Parkway Lino Lakes, MN 55014 Contact: Rick DeGardner – 651-982-2444 RDeGardner@linolakes.us Quote Date: 5-4-23 Valid For: 30 Days Delivery: Due to demand, production & supply chain issues, shipments are currently loading November of 2023. Part Number Description Qty Unit Price Total Custom Kid Builder Playground Per Attached Drawing. Includes: 1 --Custom Age 5-12 Kid Builder Structure - 5” Posts --Custom Age 2-5 Play Builder Structure – 3.5” Posts --Linked NRG Hub via Perch Alley --Concerto Vibes & Chimes Music Panels --Fabric Shade Umbrella Over Age 2-5 Structure --Large Hypar Net w/ Climber, Bannister & Funwheel --Solo Spin, Stand n Spin & Dragonfly Teeter Totter --8’ MaxPlay Swing w/ 2 Belt, 1 ADA, 1 Tot & 1 Gen --Garden Sensory Wall, (2) Weather Panels, Hex Roof --Shipping to Lino Lakes, MN $154,503.00 Installation Installation of Above Equipment Only 1 $51,584.00 Rubber No Fault Poured in Place Rubber Paths Per Drawing --Approx. 835 Sq. Feet of Rubber –1.5” & 3.5” --Footage Includes the Bevels –50% Color / 50% Black --*City Responsible For Compacted Gravel Base Below 1 $21,959.00 Totals: Products Subtotal: $ 228,046.00 Estimated Sales Tax*: $ Not Included Freight: $ Included Grand Total: $ 228,046.00 Notes: Above pricing is for play equipment, delivery & installation only. It includes poured in place rubber over gravel paths by owner. Sitework, concrete curb, EWF surfacing, drain tile, sidewalks, etc….are by owner. 5/4/2023 Page 2 of 3 Make Purchase Orders Out To: Make Checks Payable To: PlayPower LT Farmington, Inc. PlayPower LT Farmington, Inc. Remit Purchase Orders To: Remit Checks To: PlayPower LT Farmington, Inc. Attention: Sales Administration 878 E US Hwy 60 Monett, Missouri, USA 65708 1-800-325-8828 PlayPower LT Farmington, Inc. P.O. Box 204713 Dallas, TX 75320-4713 NOTE: * Applicable sales taxes will be confirmed once order and any tax certificates are received † Denotes drop ship item. Unloading, storage, installation, surfacing and site work are not included unless specifically noted on quotation. Not responsible for filter cloth, irrigation rerouting, grass damage, or checking for underground utilities. If installation is quoted, it is assumed that the site has been prepared and that any grade slope in any direction does not exceed 2%. In the event that unexpected soil conditions, such as subsurface rock, are encountered during installation, additional costs to the customer will be applicable. The acceptance signature below serves as authorization to order the items quoted and indicates acceptance of the prices listed. All terms are subject to credit approval. COMMENTS: This playground contains 96.69% recycled content This playground qualifies for 2 LEED point(s) This Quote shall not become a binding contract until signed and delivered by both Customer and PlayPower LT Farmington Inc (“PPLT”). Sales Representative is not authorized to sign this Quote on behalf of PPLT or Customer, and signed Quotes cannot be accepted from Sales Representative. To submit this offer, please sign below and forward a complete signed copy of this Quote directly to “PPLT Sales Administration” via fax (417)354-2273 or email outdoordes@LTCPS.com. Upon acceptance, PPLT will return a fully-signed copy of the Quote to Customer (with copy to Sales Representative) via fax or e mail. THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN. PPLT objects to any other terms proposed by Customer, in writing or otherwise, as material alterations, and all such proposed terms shall be void. Customer authorizes PPLT to ship the Equipment and agrees to pay PPLT the total amount specified. Shipping terms are FOB the place of shipment via common carrier designated by PPLT. Payment terms are Net-30 days from invoice date with approved credit and all charges are due and payable in full at PO Box 204713, Dallas, TX 75320-4713, unless notified otherwise by PPLT in writing. Customer agrees to pay all additional service charges for past due invoices. Customer must provide proper tax exemption certificates to PPLT, and shall promptly pay and discharge all otherwise applicable taxes, license fees, levies and other impositions on the Equipment at its own expense. CUSTOMER HEREBY SUBMITS ITS OFFER TO PURCHASE THE EQUIPMENT ACCORDING TO THE TERMS STATED IN THIS QUOTE AND SUBJECT TO FINAL APPROVAL BY PPLT. Submitted By Printed Name and Title Date THE FOREGOING QUOTE AND OFFER ARE HEREBY APPROVED AND ACCEPTED BY PLAYPOWER LT FARMINGTON INC. By: ___________________________ Date:___________________ ________________________ ________________________ ADDITIONAL TERMS & CONDITIONS OF SALE 5/4/2023 Page 3 of 3 1. Use & Maintenance. Customer agrees to regularly inspect and maintain the Equipment, and to provide, inspect and maintain appropriate safety surfacing under and around the Equipment, in accordance with PPLT’s product literature and the most current Consumer Product Safety Commission Handbook for Public Playground Safety. 2. Default, Remedies & Delinquency Charges. Customer’s failure to pay any invoice when due, or its failure to otherwise comply with the terms of this Quote, shall constitute a default under all unsatisfied invoices ("Event of Default"). Upon an Event of Default, PPLT shall have all remedies available to it at law or equity, including, without limitation, all remedies afforded a secured creditor under the Uniform Commercial Code. Customer agrees to assist and cooperate with PPLT to accomplish its filing and enforcement of mechanic’s or other liens with respect to the Equipment or its location or its repossession of the Equipment, and Customer expressly waives all rights to possess the Equipment after an Event of Default. All remedies are cumulative and not alternative, and no exercise by PPLT of a remedy will prohibit or waive the exercise of any other remedy. Customer shall pay all reasonable attorneys’ fees plus any costs of collection incurred by PPLT in enforcing its rights hereunder. Subject to any limitations under law, Customer shall pay to PPLT as liquidated damages, and not as a penalty, an amount equal to 1.5% per month of any payment that is delinquent in such month and is not received by PPLT within ten (10) days after the date on which due. 3. Limitation of Warranty/ Indemnity. PPLT MAKES NO EQUIPMENT WARRANTIES EXCEPT FOR THOSE STANDARD WARRANTIES ISSUED WITH THE EQUIPMENT, WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE. PPLT SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND SAVE PPLT HARMLESS FROM ALL CLAIMS OF ANY KIND FOR DAMAGES OF ANY KIND ARISING OUT OF CUSTOMER’S ALTERATION OF THE EQUIPMENT, ITS FAILURE TO MAINTAIN THE EQUIPMENT, ITS FAILURE TO PROPERLY SUPERVISE EQUIPMENT USE, OR ITS FAILURE TO PROVIDE AND MAINTAIN APPROPRIATE TYPES AND DEPTHS OF SAFETY SURFACING BENEATH AND AROUND THE EQUIPMENT IN ACCORDANCE WITH PPLT’S INSTALLATION AND OWNER’S MANUALS AND THE MOST CURRENT CONSUMER PRODUCT SAFETY COMMISSION HANDBOOK FOR PUBLIC PLAYGROUND SAFETY. 4. Restrictions. Until all amounts due hereunder are paid in full, Customer shall not: (i) permit the Equipment to be levied upon or attached under any legal process; (ii) transfer title to the Equipment or any of Customer's rights therein; or (iii) remove or permit the removal of the Equipment to any location not specified in this Quote. 5. Purchase Money Security Interest. Customer hereby grants, pledges and assigns to PPLT, and PPLT hereby reserves a purchase money security interest in, the Equipment in order to secure the payment and performance in full of all of Customer’s obligations hereunder. Customer agrees that PPLT may file one or more financing statements, in order to allow it to perfect, acquire and maintain a superior security interest in the Equipment. 6. Choice of Law and Jurisdiction. All agreements between Customer and PPLT shall be interpreted, and the parties' obligations shall be governed, by the laws of the State of Missouri without reference to its choice of law provisions. Customer hereby consents to the personal jurisdiction of the state and federal courts located in the city and county of St. Louis, Missouri. 7. Title; Risk of Loss; Insurance. PPLT Retains full title to all Equipment until full payment is received by PPLT. Customer assumes all risk of loss or destruction of or damage to the Equipment by reason of theft, fire, water, or any other cause, and the occurrence of any such casualty shall not relieve the Customer from its obligations hereunder and under any invoices. Until all amounts due hereunder are paid in full, Customer shall insure the Equipment against all such losses and casualties. 8. Waiver; Invalidity. PPLT may waive a default hereunder, or under any invoice or other agreement between Customer and PPLT, or cure such a default at Customer's expense, but shall have no obligation to do either. No waiver shall be deemed to have taken place unless it is in writing, signed by PPLT. Any one waiver shall not constitute a waiver of other defaults or the same kind of default at another time, or a forfeiture of any rights provided to PPLT hereunder or under any invoice. The invalidity of any portion of this Quote shall not affect the force and effect of the remaining valid portions hereof. 9. Entire Agreement; Amendment; Binding Nature. This fully-executed Quote, as supplemented by Change Orders and invoices containing exact amounts of estimates provided herein, constitutes the complete and exclusive agreement between the parties. A Change Order is a written instrument signed by the Customer and PPLT stating their agreement as to any amendment in the terms of this Quote. Customer acknowledges that Change Orders may result in delays and additional costs. The parties agree that all Change Orders shall include appropriate adjustments in price and time frames relating to any requested amendments. Upon full execution, this Quote shall be binding upon and inure to the benefit of the parties and their successors and assigns. 10. Counterparts; Electronic Transmission. This Quote, any invoice, and any other agreement between the parties, may be executed in counterparts, each of which shall constitute an original. The facsimile or other electronic transmission of any signed original document, and retransmission of any signed facsimile or other electronic transmission, shall be the same as the transmission of an original. At the request of either party, the parties will confirm facsimile or other electronically transmitted signatures by signing an original document. K:\019496-000\Graphics\019496-000 Master Plan RenderingScale in Feet 160’0’80’20’10’ Watermark Park | Master Plan Lino Lakes, Minnesota February 08, 2023 | WSB Project number: 019496-000 PLAY AREA PICNIC AREA (TYP) SEATING AREA ALONG TRAIL (TYP) SHELTER POND OVERLOOK / PIER PROPOSED CONIFEROUS TREE, TYP. PROPOSED DECIDUOUS TREE, TYP. TRAIL PICKLEBALL COURTS (2) HALF BASKETBALL COURT SEATING AREA 15 STALL PARKING LOT W a t e r m a r k W a y CLUBHOUSE (BY OTHERS) OPEN LAWN POND PERGOLA PARK MONUMENT SIGN PLANTINGS BENCH (TYP) CITY COUNCIL AGENDA ITEM 6A STAFF ORIGINATOR: Michael Grochala, Community Development Director MEETING DATE: May 22, 2023 TOPIC: Consider Resolution No. 23-43, Approving Agreement for Acquisition of Property, Water Treatment Plant VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council approval of a Purchase Agreement with the owners of property located at 6510 12th Avenue, for the Water Treatment Plant project. BACKGROUND In August of 2022 the City Council authorized preparation of plans and specifications for the construction of a water treatment plant. The preferred location was identified at the southwest corner of Birch Street and 12th Avenue intersection. In March of 2023 the City Council directed staff to begin direct negotiations with the property owners for the purchase of 6.28 acres. Following discussion the property owners have agreed to a purchase price of $351,700. The City Attorney has prepared a Purchase Agreement for approval and execution by both parties. RECOMMENDATION Staff is recommending approval of Resolution No. 23-43. ATTACHMENTS 1. Resolution No. 23-43 2. Purchase Agreement CITY OF LINO LAKES RESOLUTION NO. 23-43 APPROVING PURCHASE AGREEMENT FOR WATER TREATMENT PLANT LAND ACQUISITION WHEREAS, the City Council authorized preparation of plans and specifications for the construction of a Water Treatment Plant on August 22, 2022, and WHEREAS, the preferred location for the plant is located at the intersection of Birch Street and 12th Avenue (6510 12th Avenue); and WHEREAS, the City Council authorized staff to make offers on the acquisition 6.28 acres of land for the Water Treatment Plant on March 6, 2023, and WHEREAS, the parties hereto have reached agreement on just compensation due for the acquisition; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Lino Lakes: That the purchase of property, located at 6510 12th Avenue, in the amount of $351,700 is hereby approved and the Mayor and City Clerk are authorized to execute the purchase agreement on behalf of the City. BE IT FURTHER RESOLVED, that the City Attorney is hereby authorized to make any non- substantive changes to the agreement, other than purchase price, prior to execution by the Mayor and Clerk. Adopted by the Council of the City of Lino Lakes this 22nd day of May 2023. _____________________ Rob Rafferty, Mayor ATTEST: ________________________ Jolleen Chaika, City Clerk PURCHASE AGREEMENT This Agreement is made and entered into by and between Alwin A. LaMotte and Virginia L. LaMotte (“Seller”) and the City of Lino Lakes, a municipal corporation under the laws of Minnesota (“Buyer”). RECITALS A. Seller is the fee owner of real property located at 6510 12th Ave., Lino Lakes, MN 55014, and identified as Anoka County, Minnesota, PID No. 28-31-22-41-0004. Buyer desires to purchase a portion of Seller’s above-identified property, depicted as Proposed Tract A in Exhibit A (“Property”). The legal description of the Property will be inserted into this Agreement prior to closing as Exhibit B. B. Seller wishes to convey, and Buyer wishes to purchase the Property, together with all rights, privileges, easements, and appurtenances belonging thereto. AGREEMENT In consideration of the mutual covenants and agreements herein contained and other valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Purchase Price and Manner of Payment. The total purchase price (“Purchase Price”) to be paid by Buyer for the Property shall be Three Hundred Fifty-One Thousand Seven Hundred and 00/100 Dollars ($351,700.00), payable upon closing of the purchase. 2. Closing. The closing of the purchase and sale of the Property contemplated by this Agreement shall occur on a “Closing Date” which shall occur on or before August 31, 2023. The closing shall be conducted by Land Title, Inc. (“Title Company”) at a mutually agreeable time and place. Seller agrees to deliver possession of the Property to Buyer on the Closing Date. At the closing, Buyer shall pay the entire Purchase Price to Seller and the following closing documents shall be executed and delivered. a. A warranty deed conveying to Buyer fee simple title of the Property, free and clear of all encumbrances, except the following “Permitted Encumbrances”: (1) Property taxes and special assessments to be allocated between the parties as provided in Section 3 of this Agreement; (2) Building codes and laws and ordinances relating to zoning, land use, and environmental matters; and (3) Easements and Restrictions and Covenants of Record that do not interfere with Buyer’s intended use of the Property. b. A closing statement detailing the financial terms of the closing. c. All other documents necessary to transfer the Property to Buyer free and clear of all encumbrances except the Permitted Encumbrances. 3. Costs. Seller and Buyer agree to the following allocations of costs: a. Closing Costs. Buyer shall pay all costs of closing associated with this transaction, including but not limited to all costs of issuing the title insurance commitment, title insurance premiums and surcharges required for the issuance of any owner’s title insurance policy, the closing fees charged by the Title Insurer, and recording fees. b. Documentary Taxes. Buyer shall pay all state deed tax for the warranty deed to be delivered by Seller under this Agreement. c. Real Estate Taxes and Levied and Pending Assessments. General real estate taxes due in 2023 shall be prorated by Seller and Buyer as of the Closing Date based upon a calendar fiscal year. Seller shall be responsible for any green acre charges due on the property. Seller shall be responsible for all charges or special assessments levied or pending against the Land as of the date of this Agreement. Buyer will be responsible for all charges or special assessments levied against the Land after the date of this Agreement. d. Attorney’s Fees. Each party will pay its own attorney’s fees. 4. Title. a. Quality of Title. Seller shall convey marketable fee title to the Property to Buyer, subject to no liens, easements, encumbrances, conditions, reservations, or restrictions other than the Permitted Encumbrances. b. Title Evidence. As quickly as possible after this Agreement is fully executed by the Parties, Buyer will obtain a commitment (“Title Commitment”) for an owner’s policy of insurance in the amount of the Purchase Price insuring title to the Property subject only to the Permitted Encumbrances. c. Buyer’s Objections. At any time prior to the Closing Date, Buyer shall make written objections (“Objections”) to the form and/or contents of the Title Commitment. Buyer’s failure to make Objections prior to the Closing Date will constitute waiver Objections. Any matter shown on such Title Commitment and not objected to by Buyer shall be deemed an additional “Permitted Encumbrance” hereunder, but in no circumstance will a mortgage referenced in Section 10 below be deemed a Permitted Encumbrance pursuant to this Section. Seller shall use their best efforts to correct any Objections. If the Objections are not cured prior to the Closing Date, Buyer will, in addition to any other remedy available at law or under this Agreement, have the option to do either of the following: (1) Terminate this Agreement; or (2) Waive the Objections and proceed to close. 5. Representations and Warranties by Seller. Seller represents and warrants to Buyer as follows: a. Authority. Seller has the requisite power and authority to enter into and perform this Agreement. b. Title to Property. Seller owns the Property free and clear of all encumbrances except the Permitted Encumbrances. c. Rights of Others to Purchase Property. Seller has not entered into any other contracts for the sale of the Property. d. FIRPTA. Seller is not a “foreign person,” “foreign partnership,” “foreign trust” or “foreign state” as those terms are defined in § 1445 of the Internal Revenue Code. e. Proceedings. To the best knowledge of Seller, there is no action, litigation, investigation, condemnation or proceeding of any kind pending or threatened against the Property. f. Wells and Septic Systems. Seller represents that they are aware of a well or septic system on the Property. Seller will provide proper well and septic disclosures to Buyer. g. Methamphetamine Production. Pursuant to Minnesota Statutes section 152.0275, Seller certifies to Buyer that she is not aware of any methamphetamine production that has occurred on the Property. h. Hazardous Substance. To Seller’s actual knowledge, no Hazardous Substance is located on the Property. Seller has received no notice from any governmental entity or private party that any Hazardous Substance is currently located on the Property in violation with any environmental law. Seller has no actual knowledge of the use, storage or release of any Hazardous Substance on the Property. “Hazardous Substance” means any substance or material defined in or governed by any Environmental Regulation as a dangerous, toxic or hazardous pollutant, contaminant, chemical, waste, material or substance, and also expressly includes lead-based paint, urea-formaldehyde, polychlorinated biphenyls, dioxin, radon, asbestos, asbestos containing materials, nuclear fuel or waste, radioactive materials, explosives, carcinogens and petroleum products, including but not limited to crude oil or any fraction thereof, natural gas, natural gas liquids, gasoline and synthetic gas, or any other waste, material, substance, pollutant or contaminant which would subject the owner or operation of the Property to any damages, penalties or liabilities under any applicable Environmental Regulation. i. Blocked Persons. Seller has not received written notice that Seller is: (1) listed on the Specifically Designated Nationals and Blocked Persons List maintained by the Office of Foreign Assets Control, Department of the Treasury (“OFAC”) pursuant to Executive Order No. 13224, 66 Fed. Reg. 49079 Sept. 25, 2001 (“Order”) and/or on any other list of terrorists or terrorist organizations maintained pursuant to any of the rules and regulations of OFAC or pursuant to any other applicable Orders (such lists are collectively referred to as the “Lists”); (2) a person who has been determined by competent authority to be subject to the prohibitions contained in the Order; or (3) owned or controlled by, or acts for or on behalf of, any person or entity who is (x) on the Lists or any other person or entity who has been determined by competent authority to be subject to the prohibitions contained in the Order, (y) a citizen of the United States who is prohibited to engage in transactions by any trade embargo, economic sanction, or other prohibition of United States law, regulation or Executive Order of the President of the United States, or (z) an “Embargoed Person,” meaning any person, entity or government subject to trade restrictions under U.S. law, including , but not limited to the International Emergency Economic Powers Act, 50 U.S.C. § 1701 et seq., the Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Orders or regulations promulgated under such acts. 6. Representations and Warranties by Buyer. Buyer represents and warrants to Seller that Buyer has the requisite power and authority to enter into this Agreement and perform it. 7. Right to Inspect. Buyer shall have the right to enter the Property and perform such surveys, tests, or inspections as Buyer deems advisable, all at Buyer’s sole expense. Buyer shall keep the Property free from mechanics liens arising from such work. Buyer shall be responsible for any property damage or personal injury arising from such work and shall indemnify and hold Seller harmless from all costs, expenses and liabilities relating to such work. Buyer shall have until the Closing Date to conduct surveys, tests, and inspections. If Buyer is dissatisfied with the results of any survey, test, or inspection conducted prior to the Closing Date, as determined by Buyer in its sole discretion, Buyer may terminate this Agreement. 8. Control of Property. Subject to the provisions of this Agreement, until the Closing Date, Seller shall have full responsibility and the entire liability for any and all damages or injuries of any kind whatsoever to the Property, to any and all persons, whether employees or otherwise, and to any other property from and connected to the Property, except liability arising from the negligence of Buyer, its agents, contractors, or employees and except as set forth in Section 7 regarding Buyer’s tests and inspections. 9. Buyer’s Contingencies. The transaction contemplated by this Agreement is contingent upon the following: (a) On Seller’s ability to provide evidence acceptable to Buyer and the Title Company that any mortgages encumbering the Property have been paid in full and satisfied, or will be paid in full and satisfied on the Closing Date, and that the Property will be released from the liens of any said mortgages prior to or in connection with closing. Said mortgages will not be considered a “Permitted Encumbrance” under Section 2 or Section 4. (b) Seller agreeing to the subdivision of the Property prior to Closing. Buyer shall be responsible for preparing the necessary documents for the subdivision approval. If either of the contingencies are not satisfied, Buyer will, in addition to any other remedy available at law or under this Agreement, have the option to do either of the following: (a) Terminate this Agreement; or (b) Waive the Contingency and proceed to close. 10. Assignment. Buyer may not assign its rights under this Agreement without written consent of the Seller. 11 . Survival. All of the terms of this Agreement will survive and be enforceable after the Closing. 12. Notices. Any notices required or permitted to be given by any party to the other shall be given in writing, and shall be (i) hand delivered to any officer of the receiving party, or (ii) mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or (iii) properly deposited with a nationally recognized, reputable overnight courier, properly addressed as follows: If to Seller: Alwin A. LaMotte and Virginia L. LaMotte [address] If to Buyer: Michael Grochala Community Development Director City of Lino Lakes 600 Town Center Pkwy Lino Lakes, MN 55014 With copy to: Squires, Waldspurger & Mace, P.A. Attn: Zach Cronen 333 S. Seventh St., Suite 2800 Minneapolis, MN 55402 Notices shall be deemed effective on the earlier of the date of receipt or in the case of such deposit in the mail or overnight courier, on the first business day following such deposit. Any party may change its address for the service of notice by giving written notice of such change to the other party. 13. Captions. The captions appearing in this Agreement are for convenience only, are not a part of this Agreement and are not to be considered in interpreting this Agreement. 14. Entire Agreement. This written Agreement constitutes the complete agreement between the parties and supersedes any and all other oral or written agreements, negotiations, understandings and representations between the parties regarding the Property. There are no verbal or written side agreements that change this Agreement. 15. Amendment; Waiver. No amendment of this Agreement, and no waiver of any provision of this Agreement, shall be effective unless set forth in a writing expressing the intent to so amend or waive, and the exact nature of such amendment or waiver, and signed by both parties (in the case of amendment) or the waiving party (in the case of waiver). No waiver of a right in any one instance shall operate as a waiver of any other right, nor as a waiver of such right in a later or separate instance. 16. Governing Law. This Agreement is made and executed under and in all respects is to be governed and construed under the laws of the State of Minnesota. 17. Binding Effect. This Agreement binds and benefits the parties and their respective successors and assigns. 18. Remedies. a. Default by Buyer. If Buyer defaults under this Agreement, Seller shall have the right to terminate this Agreement by giving a 30-day written notice to Buyer pursuant to Minnesota Statutes section 559.21, as it may be amended from time to time. If Buyer fails to cure such default within thirty (30) days of the date of such notice, this Agreement will terminate, and upon such termination Seller may sue for specific performance of this Agreement or actual damages caused by Buyer’s default. b. Default by Seller. If Seller defaults under this Agreement, Buyer may sue for specific performance of this Agreement or actual damages caused by Seller’s default. 19. Time. Time is of the essence with this Agreement. 20. Counterpart/Electronic Signatures. This Agreement may be executed in any number of counterparts, and, each shall have the same effect as if each copy were signed by all parties. The parties to this Agreement further agree that electronic and/or facsimile signatures on this Agreement or any agreement related hereto shall be treated with the same force and effect as original signatures. SELLER: ALWIN A. LAMOTTE AND VIRGINIA L. LAMOTTE By: Dated: Alwin A. Lamotte By: Dated: Virginia L. Lamotte BUYER: CITY OF LINO LAKES By: Dated: Its: Mayor By: Dated: Its: City Administrator Exhibit A Exhibit B Legal description of the Property (identified as Proposed Tract A in Exhibit A) to be inserted prior to Closing CITY COUNCIL AGENDA ITEM 6B STAFF ORIGINATOR: Michael Grochala, Community Development Director MEETING DATE: May 22, 2023 TOPIC: Consider 1st Reading of Ordinance No. 02-23, Amending Chapter 405 Related to Bulk Deicing Material Storage VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council approval to amend City Code Chapter 405 to establish minimum requirements for the storage of deicing material. BACKGROUND Section 18.6 of the City’s General Permit for Municipal Separate Storm Sewer System (MS4) requires that the City adopt a regulatory mechanism (Ordinance) that requires proper salt storage at commercial, institutional, and non-NPDES Permitted industrial facilities. At a minimum the ordinance must require the following: a. Designated salt storage areas must be covered or indoors; b. Designated salt storage areas must be located on an impervious surface; and c. Implementation of practices to reduce exposure when transferring material in designated salt storage areas (e.g., sweeping, diversions, and/containment). Staff reviewed the requirements and draft ordinance with the City Council at the December 5, 2022, City Council work session. ANALYSIS Deicers used to reduce ice and snow on roads, parking lots, and sidewalks often include salt, which contains chloride. Chloride is easily transmitted into lakes, streams, and groundwater. This has the potential to impact drinking water supplies, as well as the health of freshwater fish and other aquatic life. Once in the water, there is no easy way to remove it. Residents experience the impacts of chloride in many ways: • Fish and aquatic bugs – High amounts of chloride are toxic to fish, aquatic bugs, and amphibians. Chloride can negatively affect the fish and insect community structure, diversity, and productivity, even at lower levels. • Plants – Road salt splash can kill plants and trees along the roadside, and plants that take up salty water through their roots can also suffer, Chloride in streams, lakes, and wetlands harms aquatic vegetation and can change the plant community structure. • Salt-laden soil can lose its ability to retain water and store nutrients and be more prone to erosion and sediment runoff (which also harms water quality). • Pets – Salt can sicken pets who consume it, lick it off their paws, or drink salty snow melt/runoff. It can also irritate their paw pads. • Wildlife – Some birds, like finches and house sparrow, can die from ingesting deicing salt. Some salt-sensitive species are particularly at risk. • Infrastructure – Chloride corrodes road surfaces and bridge and damages reinforcing rods, increasing maintenance and repair costs. The draft ordinance establishes minimum requirements for the safe storage of deicer materials. The requirements are applicable to all commercial, institutional and industrial properties in the City. Typically, these are uses that have large parking areas and routinely use deicers as part of their snow removal procedures. The threshold of 5 tons equates to approximately one dump truck load of material. Staff is not aware of any facilities, other than public works, that has this amount of deicer stored. Staff contacted one local construction company that had previously provided winter snow removal services. They indicated they no longer provide those services and do not stockpile salt on the property. RECOMMENDATION Staff is recommending approval of the 1st Reading of Ordinance No. 02-23. ATTACHMENTS 1. Ordinance No. 02-23 1st Reading: Publication: 2nd Reading: Effective: CITY OF LINO LAKES ORDINANCE NO. 02 - 23 AN ORDINANCE AMENDING SECTION 405 OF THE LINO LAKES CITY CODE, RELATING TO NUISANCES, BY ADDING REQUIREMENTS CONCERNING BULK DEICING MATERIAL STORAGE The City Council of Lino Lakes Ordains: Section 1. Section 405.02 of the Lino Lakes City Code is amended by adding the following definitions: Anti-icing means the application of liquid deicer prior to the onset of a snow event. Bulk Storage means the storage of any deicing material (liquid or solid used for deicing during winter conditions that is more than five tons in solid form (or 1,000 gallons in liquid form). Deicer means any substance used to melt snow and ice or used for its anti-icing effects (i.e. salt, treated salt, etc.). Section 2. Renumbering. Sections 405.05 through 405.09 are hereby renumbered as follows: 405.05 06 NPDES Permits Compliance 405.06 07 Prohibited Discharge, Action Required 405.07 08 Entry Upon Private Property 405.08 09 Suspension of Storm Sewer System Access 405.09 10 Enforcement Section 3. Section 405.05 is inserted to read as follows: 405.05 DEICER STORAGE REQUIREMENTS. The following sections applies to all indoor and outdoor bulk deicer storage facilities (temporary and permanent) including salt piles, salt bag storage, salt/sand piles and other storage of deicing materials on commercial, institutional, and non-NPDES permitted industrial properties within the City. (1) Indoor operations for the storage of deicing materials must be provided wherever possible in order to prevent such materials from being affected by rain, snow and melt water. (2) All salt, salt/sand mix and other deicing materials stored outdoors must be covered at all times. Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: Bold, Italic Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Indent: Left: 0.19", First line: 0" Formatted: Indent: Left: 0", First line: 0" Formatted: Indent: First line: 0" Formatted: Font: Not Bold Formatted: Font: (Default) Times New Roman, 12 pt,Not Bold Formatted: Font: (Default) Times New Roman, 12 pt (a) When not using a permanent roof, a waterproof impermeable, flexible cover must be placed over all storage piles (to protect against precipitation and surface water runoff). The cover must prevent runoff and leachate from being generated by the outdoor storage piles. The cover must be secured to prevent removal by wind or other storm events. Piles must be formed in a conical shape and covered as necessary to prevent leaching. (3) Facility Siting. (b)(a) Outdoor storage of deicing materials must be located on an impervious surface. (3)(b) Each facility must be located outside of floodplains and 75 feet from lakes, rivers, streams, ditches, wetlands and any other areas likely to absorb runoff. (4)(c) The property must be sloped away from the facility's deicer storage area. (5)(d) Practices must be implemented in order to reduce exposure (e.g., sweeping, diversions, and/or containment) when transferring deicing material. Section 4. This ordinance shall be in effect 30 days after publication. Adopted by the Lino Lakes City Council this 22nd day of May 2023. 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: ________________________ Jolleen Chaika, City Clerk Formatted: Font: (Default) Times New Roman, 12 pt,No underline Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Indent: Left: 0.44", No bullets ornumbering Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 0.5" Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: (Default) Times New Roman, 12 pt CITY COUNCIL AGENDA ITEM 6C STAFF ORIGINATOR: Diane Hankee PE, City Engineer MEETING DATE: May 22, 2023 TOPIC: Consider Resolution No. 23-45, Approving Amendments to the Designated Municipal State Aid Street System VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting council approval for Amendments to the Designated Municipal State Aid Street System. BACKGROUND The Municipal State Aid Street (MSAS) system allows cities with a population over 5,000 to be eligible to receive funding for road improvements and maintenance from the State Highway Users Fund. Each year, the City receives an allocation based 50% upon its population and 50% upon the construction “Needs” of its roadways. To receive funding, the City can designate up to 20% of its local streets to receive MSAS funding. The City has a total of 23.35 miles eligible to designate. In an effort to maximize the construction Needs of Lino Lakes’ MSAS system it is recommended to amend the City’s existing system designations. To amend the system in 2023, MnDOT requires a council resolution be passed by June 1, 2023. MnDOT State Aid staff have approved the following designations. MSAS 146: 21st Avenue – from 20th Avenue N to Crane Drive (0.14 miles) MSAS 147: Crane Drive – from 21st Avenue to Watermark Way (0.34 miles) MSAS 148: Watermark Way – from 20th Avenue N to Crane Drive (0.33 miles) RECOMMENDATION Staff is recommending approval of Resolution No. 23-45 Amending the Designated Municipal State Aid Street System. ATTACHMENTS 1. Resolution 2. State Aid Approval letter and Map CITY OF LINO LAKES RESOLUTION NO. 23-45 APPROVING AMMENDMENTS TO THE DESIGNATED MUNICIPAL STATE AID STREET SYSTEM WHEREAS, as a requirement to qualify for state aid funding for streets, it is necessary that the City Council designate certain streets within the City of Lino Lakes to comprise a Municipal State Aid Street system (MSAS); and AND WHEREAS, Council has reviewed the recommendations of the City Engineer and has approved the modifications to the City of Lino Lakes MSAS; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes: 1. The following are Municipal State Aid System designations: MSAS 146: 21st Avenue – from 20th Avenue N to Crane Drive (0.14 miles) MSAS 147: Crane Drive – from 21st Avenue to Watermark Way (0.34 miles) MSAS 148: Watermark Way – from 20th Avenue N to Crane Drive (0.33 miles) Adopted by the Council of the City of Lino Lakes this 22nd day of May, 2023. 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: ________________________ Jolleen Chaika, City Clerk State Aid for Local Transportation 395 John Ireland Blvd., MS 500 St. Paul, MN 55155 An equal opportunity employer TO: Diane Hankee Lino Lakes City Engineer FROM: William Lanoux Manager, Municipal State Aid Needs Unit DATE: April 28, 2023 SUBJECT: Municipal State Aid Designations The following Municipal State Aid Street designations will be approved when the City Council resolution has been received. MSAS 146: 21st Avenue – from 20th Avenue N to Crane Drive (0.14 miles) MSAS 147: Crane Drive – from 21st Avenue to Watermark Way (0.34 miles) MSAS 148: Watermark Way – from 20th Avenue N to Crane Drive (0.33 miles) A Commissioner's Order will follow. Needs Update Comments: Routes can receive Needs and be used in the calculation of your 2024 allotment. Include this revision with your 2023 spring Needs update (this year). Certification of Mileage Update Comments: You can include these revisions on the 2023 Annual Certification of Mileage that is due in January 2024. If you have any questions, contact your DSAE or Bill Lanoux at (651) 366‐3817 for instructions. 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7th Ave NE RedOak LN Maple Ln Jam es St Jeanne DrLever St NE12thAveSIn dia n Hill s Dr103rd LN NE Pattie Dr159thS tN EShadowLakeDr77th St ELever St NESt a r d u s t B lv d 73rd St O nek a PKWYNOnekaPKWYN OnekaPKWYNOneka P K W YNOnekaPKWYNOnekaPKW Y N L a k e landC ir Circle DrOpal St NE74th St Hawthorn Rd FalconAveNCountyEPKWYWhite Pine Rd111thAveNE125thAVENE 22ndAveS22ndAveS22ndAveS22ndAveSEthanTRLNNational St NEWe st R d HokahDREuropa TrLeonard Ave126 t h S t N Rolling HillsD r M o u n d T R L ClearwaterCreekDr21s t AVE Lacass e Dr Watermark W A YEthanAveN21stAVESV i c t o r P athNPeltierLakeDr E a gle T r LangerLnLois Ln Freeway DrK el l y StWo o d D u ckTrMarilyn DrCenturyTr Roy al Oa k s D r Wo o d ri d g e L n Rondeau Rd WHolly DrCountyEPKWYH StHeritagePKWY NHeritagePKWYN WShadowLakeDRWShadowLakeDRWShadowLakeDRWShadowLakeDRWSh a d o w L a k e DR77th St W 2nd AveAsh StAsh St B irc h S tBirch StSunrise AveOak Ln F a b l eHill PkwyNFableH ill Pk wyNBrian DrG S tLakeview Dr180th St N 170th St N 165th St N 80th St E 109th AVE NE Fenway BlvdForest BlvdElm St Aqua Ln SunsetAveNENorth Rd ElmcrestAveNBlackDuckDrR o n d e a u LakeRdERondeauLakeRdELake D R Lake D R Lake D R Lake D R LakeDRLake DRLake DRSunsetAveNESunsetAveNEW oo d la n d P KWYNEWoodland PKWY NEWoodland PKWY NEWood la n d P K W YNEPine St Pine St Pine St 20thAveN20thAveN20thAveN20thAveN20thAveN20thAveN20thAveN20thAveS20thAveS20thAveS20thAveS20thAveS20thAveS20thAveSB irchStBirch St Birch St Birch St Birch StBirch StBirch StBirchSt BirchStAsh St Ash St Ash St Ash St Ash StLexingtonAVENELexingtonAVENELexingtonAVENELexingtonAVENELexingtonAVENELexingtonAVENELexingtonAVENELexingtonAVENELexingtonAVENELexingtonAVENELexingtonAVENELexingtonAVENE I-35I-35I-35I-35I-35I-35I-35I-35I-35I-35I-35I-35I-35I-35I-35I-35I-35I-35I-35I-35Main StMainStMain St Main StMain StMain StMainSt Main S tMain StMain StMain S t Mai n S t Main St Main St Main St Main St Main StMain StMai n St MainSt Main St Main St Saint Andrews C T NESaint Andrews C T NESaintAndrewsDRNEJewellCtNE FarnhamAveNFarnham A ve N Cherry Ln TomahawkTRLCivic He i g htsCIR12. 12 7. 7 19. 19 29. 29 11. 11 6. 6 30. 30 3. 3 1. 1 24. 24 25. 25 26. 26 28. 28 27. 27 18. 18 9. 9 14. 14 22. 22 17. 17 10. 10 15. 15 20. 20 2. 2 8. 8 23. 23 13. 13 16. 16 21. 21 5. 5 4. 4 Incarnation Cemetery Rice Lake Cemetery Saint Genevieve Cemetery Saint Joseph Catholic Church Cemetery Twitchel Cemetery SHOREVIEW NORTH OAKS WHITE BEAR BLAINE CIRCLEPINES LINO LAKES HUGO LEXINGTON CENTERVILLE HAM LAKE COLUMBUS FOREST LAKE 97th Ln NE Opal Cir NE 108th AVE NE Gull DR Cr y sta l C tShadow CT Mallard LnTo request information from this document in an alternative format, call 651-366-4718 or 1-800-657-3774 (Greater Minnesota); 711 or 1-800-627-3529 (Minnesota Relay). You may also send an e-mail to ADArequest.dot@state.mn.us. (Please request at least one week in advance.) MUNICIPALITY OF LINO LAKES ANOKA COUNTY Population (U.S Census 2020): 21,399 IN COOPERATION WITHU.S. DEPARTMENT OF TRANSPORTATIONFEDERAL HIGHWAY ADMINISTRATION LINO LAKES 1 in = 1,600 ft SHEET 1 OF 1 LAST EDITED ON 12-29-2022 MUNICIPALITY OF 2 0 2 2µProje ction: Transverse Mercator NAD 1986 UTM Zone 1 5 North American Datum of 1986 PREPARED BY THEMINNESOTA DEPARTMENT OF TRANSPORTATIONOFFICE OF TRANSPORTATION SYSTEM MANAGEMENT 0 0.45 0.9 1.35 1.80.225 Kilometers 0.3 0 0.3 0.6 0.9 1.20.15 Miles S C A L E